Indian Judiciary Hierarchy System|Power and Jurisdiction of The Courts
Judiciary
The Judiciary in India is playing healthy role in maintaining rule of Law through out the Country,In India Supreme Court is top and last appellate Authority in civil and Criminal matter according to Indian Constitution Judiciary is the Guardian of Indian Constitution.
The concept of rule of law runs like golden thread through out the provisions of constitution and it is judiciary which opens gate for this concept to be converted from theory into practice.
Justice Nuthalapati Venkata Ramana (48th) Chief Justice Of India
We have three type of hierarchy in Indian Judiciary First is Supreme Court Of India,Second is High Court Of any State,Third is Subordinate Courts.
Supreme Court Of India
Supreme Court is also known as apex Court and supreme court is top appellate Court in the Country.
Supreme Court orders are Court of Record and it's Orders has a evidentiary value in any court and cannot be rejected by any Judiciary and Executive Courts .
Under Article 137 Supreme Court is empowered to review any Judgement and order only to reduce any mistake and errors in the Judgement and Order.
Under Article 126 when the CJI Office is Vacant and with some due reason cannot present in the office at this situation President Of India Shall appoint most senior Justice of Supreme Court as a acting CJI of Supreme Court Of India.
Under Article 143 it authorise to the President of India to seek and advisory Opinion From the Supreme Court of India.
In the matter of Public Importance and any question from Constitution,treaty and Agreement.
Under Article 144 all Authority civil And Judicial in territory of India shall act in aid of the Supreme Court Of India.
Supreme Court of India can transfer to itself cases from one or more High Courts if there is a question of law.
High Court
High Court Is higher Court in any State of India there may be one High Court for Two States for Example Punjab And Haryana High Court.High court can deal with any type of matter civil or criminal.
Under Article 214 and 231 of indian Constitution it talks about the High Courts.
High court is also a most senior court into any state,High court also have the power of Review revision to any case, District and Session Courts Cannot give Capital Punishment without the Consent of the High court.
In Judicial Hierarchy System High Court is second number court and after Supreme Court only high court have power to ask any authority and to deal with any type of matter. Under Article 235 High Court can also ask to any executive and judicial court in the state for its orders and all subordinates court are bound under high court.
Subordinate Courts
In indian Constitution 6th part article 233 to article 237 deals with Subordinate Court and high court have the full authority on every Subordinate Court under article 235 high can also ask to any subordinate court for its order and Judgements.
In Subordinate Court District and Sessions Court is top senior Court officer or he has a authority to deal with any type of civil and Criminal matter,he can also impose with capital Punishment.
Additional District And Sessions Judge
Additional District and Sessions Judge has same power to District and Sessions Judge But A.D.J Cannot Give any capital Punishment without the Consent of District and Sessions Judge.But Adj has full Civil Jurisdiction and in Criminal Matter he can impose life imprisonment.
Chief Judicial Magistrate
Chief Judicial Magistrate is chief of all lower courts and he has both civil and Criminal jurrisdiction and in criminal he can impose seven year Imprisoinment ,CJM can appoint to any magistrate for any special Cases,he can also transfer to any case to any subordinate judge in his District.After District and Session Judge and ADJ in district Chief Judicial Magistrate is senior Judge for Subordinate all Subordinate Courts.
Judicial Magistrate First Class (Senior Devision)
Judicial Magistrate First Class is in subordinate Courts and he is appointed by the Government with the consultations of Honourable High Court. Judicial Magistrate Fist class has the jurisdiction in the matter of civil and criminal matter . He can give maximum 3 year imprisonment in criminal matter .
Judicial Magistrate II Class (Junior Devision)
After Judicial Magistrate First class judicial magistrate II class is last and junior judge.He is the first court where case registered and after that any one can go to in appeal .This Court has Civil and Criminal Jurisdiction and can impose maximum 2 year imprisonment in criminal matter can also take civil matter.
Under Article 226 and article 32 any person can directly move to supreme Court and High court if his Fundamental Rights and Legal Rights are violated by any authority or State,Center Govt.
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