Category: Judiciary

Criminal Courts

Posted on | by admin

Criminal Courts

Under the Code of Criminal Procedure, the Criminal Courts (Sessions Courts) exercise their jurisdiction over criminal matters at the district level. As per the Code of Criminal Procedure, section 225 to 237 address the procedures in a trial before the Sessions Court.

A state government sets up a Sessions Court for every sessions division and it is run by a Sessions Court judge. The High Court of the state is responsible for appointing the judge. In case the office of the Sessions Judge is not filled, the High Court can make space to hear any urgent case matter or application through an Additional or an Assistant Sessions Judge or in case of their their absence, by a Chief Judicial Magistrate (CJM).

<iframe width="560" height="315" src="https://www.youtube.com/embed/uviK-VxvIZ0" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Civil Courts

Posted on | by admin

Civil Courts

Aside from the High Court of a state, the Civil Courts (District Courts) are the main court of original civil jurisdiction and derive their jurisdiction in civil matters mainly through the code of civil procedure.

The court of the District Judge is the highest followed by the courts of the Sub-Judge, Additional Sub-Judge, and Munsif Courts.  Munsif courts are set up in the sub-divisional and district headquarter. All the civil cases are filed in the court of the Munsif. However, a case appeal from the court of the Munsif can be taken to the court of the Sub-Judge or the Additional Sub-Judge. Further, the appeals from the courts of the Sub-Judges and Additional Sub-Judges lie in the District Court.

A District judge is the head of a District court. They are appointed by the state Governor on the advice of that state's High Courts Chief Justice. Along with the District judge, Additional District judges and Assistant District judges are appointed as per the workload of the District courts. 

In order to become a District judge, one needs to appear for a written examination and oral interview by a panel of High Court judges. Additionally, one needs to be registered at the Bar council and should have practiced as a lawyer for a minimum of 7 years. The state government authorizes the appointment of District judges which is called direct recruitment.

District and Session Courts

Posted on | by admin

District and Session Courts

The District & Sessions Courts of India are the district courts of the state governments in India. Their key role is to administer justice at a district level in India. They are set up for each district, or for more than one district together. This is done by calculating the number of cases in each district and the population distribution of that district. Every district has two types of courts; (i) Civil Courts (District Courts) (ii) Criminal Courts (Sessions Courts).

Metropolitan Courts

Posted on | by admin

Metropolitan Courts

Metropolitan Courts preside over both civil as well as criminal matters. The civil courts include city civil courts and courts of smaller causes. The criminal courts are courts of the Session Judge, Chief Metropolitan Judge and Metropolitan Magistrate.

Metropolitan courts are set up in every metropolitan area that has a population of 10 lakh people or more. Section 16 of the Criminal Procedure Code, 1973 (CrPc),  states, "there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court specify."

According to the criminal court structure in India, the courts of Metropolitan Magistrates are ranked as the second lowest. A Metropolitan Magistrate is a first class magistrate who operates under the District & Sessions Judge. They are allowed to pass a sentence of imprisonment that does not exceed 3 years, or a fine that does not exceed INR 10,000.

d]

High Court

Posted on | by admin

High Court

High Courts are the topmost courts in each state and union territory. Currently, there are a total of 25 High Courts in India. Some Indian states share a common High Court, such as the states of Haryana and Punjab, and the union territory of Chandigarh.

A High Court is a principal court of original jurisdiction in every state and union territory. Although, it only when the Subordinate Courts are not permitted by law to try a matter, then High Courts can exercise their original jurisdiction in criminal or civil cases.

There is a variable number of judges in every High Court. This number is calculated by calculating the average number of main cases filed in a particular court during the last five years and dividing it either by the national average number of cases or by the average rate of cases disposed of by each judge per year for that High Court, whichever is higher.

Only those individuals who are Indian citizens can be appointed as High Court judges. They need to have held a judicial office in India and been an advocate in one or more High Court for atleast 10 years. The Judiciary itself is responsible for appointing High Court judges. This process is neither linked to the Legislature nor the Executive.

High Court judges retire at the age of 62 years and enjoy the safety of tenure until retirement. A High Court judge can only be removed through an address passed by the President. After a High Court judge retired, any office position providing a monetary benefit can not be held by them under the Government of India or a state. However, there are exceptions to this mandate. If the Chief Justice of India consents then retired judges can be nominated for o a temporary office.

Supreme Court

Posted on | by admin

Supreme Court

Under the Constitution of India, the Supreme Court is the premier judicial court of the country. It is recognized as the highest constitutional court in the country. Additionally, the Supreme Court is also considered to be the most powerful public institution in India. It takes up appeals which are mainly against the decisions given by the High Courts of various states as well as other courts. The Supreme Court is responsible for protecting the fundamental rights of citizens. Its role is to resolve disputes amongst different government authorities, and also handle matters between the central government viz-a-viz state governments or state governments from two different states.

The Supreme Court is headed by the Chief Justice of India and can consist maximum of 30 other judges who are appointed by the President. The retirement age for Supreme Court judges is 65 years. To become a Supreme Court judge, an individual must be a citizen of India. They also must have been a Judge of a High Court or two or more such courts in succession for at least 5 years. Alternately, they could be an advocate of a High Court, or of two or more such courts in succession for a minimum period of 10 years or they must be a distinguished jurist in the opinion of the President.

The independent functioning of Supreme Court Judges is ensured by the Consitution of India. A judge can only be removed from their position if an order is passed by the President. An order of this nature can be passed only after an address in both houses of Parliament is approved by a majority of the members in that house and by a majority of minimum two-thirds of members present and voting. If approved, it is sent to the President in the same session for removal based on proven misbehavior and/or incapability to perform their role. Once a person has been appointed a Judge of the Supreme Court, they are not allowed to practice in any court of law or before any other authority in India.

Judiciary

Posted on | by admin

Judiciary

The Indian Judiciary comprises courts that focus on interpreting the law and applying it. The main role of these courts is to give a ruling on cases. They do this by first determining the key facts and the applicable law for a case, and then applying the key facts to the applicable law.  The Constitution empowers the Judiciary to act as the guardian of the law. It is considered to be the watchdog of democracy.

The Indian judicial system inherited the British colonial legacy in the form of their common law system. The Supreme Court of India, the High Courts in various states, and Subordinate Courts at district, municipal, and village levels together form the Indian Judiciary.

Each court is headed by designated individuals. The Chief Justice of India is the highest authority for the Supreme Court of India, also referred to as the Apex Court of the country. In comparison, Chief Justice of States individuals are responsible for controlling and running High Courts in different states. The District & Sessions Judges are in charge of managing the District Courts, also referred to as Subordinate Courts.

At the level of the Union government, issues related to the proper functioning of the Judiciary are raised in front of the Parliament by the Ministry of Law & Justice. The ministry has full jurisdiction to handles the issues linked to any of the courts in India. It is also responsible for the appointment of Judges for both, the High Courts as well as the Supreme Court of India.