Hierarchy of Courts in India
Posted Date: 05-Jan-2010
Supreme to Executive Magistrate
The Indian Constitution has provided a unified judicial system.It provides for the single integrated judiciary having jurisdiction and providing remedies in all cases arising under the Constitutional Law, the civil or criminal.At the top is Supreme Court and then comes the High Court one in each State and the bottom is the subordinate judiciary consisting of civil and criminal courts. The subordinate judiciary is organized under the statutes of the States,however certain provisions has been incorporated in the Constitution with a view to ensuring the independence of the judges.The conference of Judges of the Federal Court and Chief Justice of High Courts held in March 1948 recommended for provisions in the Constitution for ensuring the independence of even the subordinate judiciary. Their view was that so long as the subordinate judiciary including the District Judges,have to depend upon the provincial executive for their appointment,posting,promotion and leave they cannot remain entirely free from the influence of the party in power and cannot be expected to act impartially and independently in the discharge of their duties.'On account of it they were in favour of making provisions in the Constitution so as to place exclusively in the hands of the High Courts the power of appointment,posting, promotion and grant of leave in respect of the entire subordinate judiciary including the District Judges.Their recommendations were accepted by the Drafting Committee.
Each State has been divided into several districts and in each there is a district court and under each district several lower courts function.District court in the principal civil court of original jurisdiction.On criminal side the district court functions as the session court also land in addition to it there are several magistraterial courts.The Criminal Courts discharged their functions under the Criminal Procedure Code. The High Courts has been vested with the power of Superintendence over all Courts and Tribunals within the State concerned.
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Hierarchy of Courts in India
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