Civil And Criminal Laws: hierarchy of civil and criminal courts in India
Courts and Justice system in India The courts are divided into three categories with top court, middle court and lower court. The top court is named as The Supreme Court, while the middle court is named as High Court, and the lower court is named as District Court.
The feature Indian Judiciary system is its hierarchical structure of courts. There are different levels of judiciary system in India empowered with distinct type of courts. The courts are structured with very strong judiciary and hierarchical system as per the powers bestowed upon them. This system is strong enough to make limitation of court with its jurisdiction and exercise of the power. The Supreme Court of India is placed at the top of the hierarchical position followed by High Courts in the regional level and lower courts at micro level with the assignment of power and exercising of the same for the people of India.
Supreme Court
Supreme court of India is the highest level of court of Indian juridical system which was established as per Part V, Chapter IV of the Constitution of India which endorses the concept of Supreme Court as the Federal Court to play the role of the guardian of the esteemed constitution of India with the status of the highest level of court in the status of appeal cases.
As conferred by Articles 124 to 147 of Indian Constituency, the jurisdiction and composition of the Supreme Court is being fixed. This court is primarily of the status of appellate court. This court is accepting the appeals of cases which are being heard in the High courts situated in different states and union territories with dissatisfaction of related parties. This court also accepts writ petitions with the suspected occurrence of activities which may infer about violation of Human Rights and subsequent petitions are accepted to hear and judge the consequences of such happenings.
This court is comprised of the Chief Justice along with 30 other judges to carry on the operation of the court. The proceeding of the Supreme Court is being heard only in the language of English. The Supreme Court is governed by the Supreme Court Rules which was published in the year 1966.
The same had been fixed under the ARTICLE number 145 of the Constitution of India to ensure the regulation of procedures and practices of the Supreme Court. This article is passing through the process of upgrading with the presently enforced Article as per the Supreme Court Rules, 2013.
High Courts of India
High Courts are second Courts of Importance of the Democracy of India. They are run by Article 141 of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence.
High courts are the types of courts which are instituted as the courts powered by constitution with the effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high courts in India taking care of the regional juridical system of India out of which Kolkata High Court is the oldest.
These courts are mainly confined to the jurisdiction of state, group of states or Union Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts with other different courts of the districts. These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts.
These courts are treated as subordinate to High Courts by status. But High Courts are mainly exercising their jurisdiction related to civil or criminal domain if the lower courts are proved incapable of exercising their power as per authorization extended by law. These situations may be generated through the inability of financial or territorial jurisdiction. There are specific areas in which only High Courts can exercise the right for hearing like cases related to Company Law as it is designated specially in a state or federal law.
The appointment of the judges of High Courts are being executed by the President of India with the consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor of the state or union territory.
Decision on the number of judges in High Court is mainly dictated considering the higher number of either the Average of organization of main cases for the last years as per the average nationally calculated or the average rate of main cases disposed per judge per year in the respective high court.
The high courts with handling of most of the cases of a particular area are provided with the facility of permanent benches or branches of the court situated there only. To serve the complainants of remote regions the establishment of circuit benches had been made to facilitate the service with the schedule of operation as per the occurrence of visit of the judge.
District Courts
The basis of structuring of district courts in India is mainly depending upon the discretion of the state governments or the union territories. The structure of those courts are mainly made considering several factors like the number of cases, distribution of Population, etc. Depending upon those factors the State Government takes the decision of numbers of District Courts to be in operation for single district or clubbing together different adjacent districts.
Normally these types of courts exercise their power of juridical service in district level. These courts are covered by the administrative power of the High Courts under which the district courts are covered. The judgments of the district courts are subject to review to the Appellate Jurisdiction of the respective high court.
The district courts are mainly run by the state government appointed district judges. There are additional district judges and assistant district judges who are there to share the additional load of the proceedings of District Courts. These additional district judges have equal power like the district judges for the jurisdiction area of any city which has got the status of metropolitan area as conferred by the state government. These district courts have the additional jurisdictional authority of appeal handling over the Subordinate Courts which are there in the same district specifically in the domain of civil and criminal affairs.
Village Courts
The village courts are named as Lok Adalat or Nyaya Panchyat which means the service of justice extended to the villagers of India. This is the system for resolving disputes in micro level. The need of these courts is justified though the Madras Village Court Act of 1888. This act is followed by the development post 1935 in different provinces, which are re-termed as different states after the independence of 1947.
This conceptual model had been started to be sued from the state of Gujarat consisting of a judge and two assessors since 1970s. The Law Commission had recommended in 1984 to form the Nyaya Panchayats in the rural areas with the people of educational attainment. The latest development had been observed in 2008 through initiation of Gram Nyaylayas Act which had sponsored the concept of installation of 5000 mobile courts throughout the country. These courts are assigned to judge the petty cases related to civil and criminal offence which can generate the penalty of up to 2 years imprisonment.
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The Indian legal system is a complex and multi-layered system that has evolved over centuries. It is based on the English common law system, but it has also been influenced by Hindu, Muslim, and other legal traditions. The Indian legal system is divided into two main branches: Civil Law and criminal law.
Civil law deals with disputes between individuals or organizations. It covers a wide range of issues, including property, contracts, marriage, divorce, and inheritance. Civil law is administered by a hierarchy of courts, starting with the lowest level courts and ending with the Supreme Court of India.
Criminal law deals with offenses against the state. It covers a wide range of offenses, including murder, theft, assault, and drug trafficking. Criminal law is administered by a hierarchy of courts, starting with the lowest level courts and ending with the Supreme Court of India.
The hierarchy of civil courts in India is as follows:
- Supreme Court of India
- High Courts
- District Courts
- Subordinate Courts
The Supreme Court of India is the highest court in the country. It has original jurisdiction in a limited number of cases, and it also has appellate jurisdiction over all lower courts. The High Courts are the highest courts in each state. They have original jurisdiction in a wide range of cases, and they also have appellate jurisdiction over all lower courts in the state. The District Courts are the principal civil courts in each district. They have original jurisdiction in a wide range of cases, and they also have appellate jurisdiction over all lower courts in the district. The Subordinate Courts are the lowest level civil courts. They have original jurisdiction in a limited number of cases.
The types of civil cases that can be filed in the Indian courts can be broadly divided into two categories: original jurisdiction cases and appellate jurisdiction cases. Original jurisdiction cases are those that are filed in the lower courts for the first time. Appellate jurisdiction cases are those that are appealed from the lower courts to the higher courts.
The procedure in civil cases in India is as follows:
- Pre-Trial: The pre-trial stage is the initial stage of a civil case. It involves the filing of the case, the service of the summons, the filing of the written statement, and the discovery and inspection of documents.
- Trial: The trial stage is the main stage of a civil case. It involves the presentation of evidence, the cross-examination of witnesses, and the arguments of the lawyers.
- Appeal: The appeal stage is the final stage of a civil case. It involves the appeal of the judgment of the lower court to the higher court.
The hierarchy of criminal courts in India is as follows:
- Supreme Court of India
- High Courts
- Sessions Courts
- Magistrates’ Courts
The Supreme Court of India is the highest court in the country. It has original jurisdiction in a limited number of cases, and it also has appellate jurisdiction over all lower courts. The High Courts are the highest courts in each state. They have original jurisdiction in a wide range of cases, and they also have appellate jurisdiction over all lower courts in the state. The Sessions Courts are the principal criminal courts in each district. They have original jurisdiction in a wide range of cases, and they also have appellate jurisdiction over all lower courts in the district. The Magistrates’ Courts are the lowest level criminal courts. They have original jurisdiction in a limited number of cases.
The types of criminal cases that can be filed in the Indian courts can be broadly divided into two categories: cognizable cases and non-cognizable cases. Cognizable cases are those that can be registered by the police without the permission of the court. Non-cognizable cases are those that cannot be registered by the police without the permission of the court.
The procedure in criminal cases in India is as follows:
- Investigation: The investigation stage is the initial stage of a criminal case. It involves the investigation of the crime by the police.
- Chargesheet: The chargesheet is a document that is filed by the police in the court, which sets out the charges against the accused.
- Arraignment: The arraignment is the stage at which the accused is presented before the court and asked to plead guilty or not guilty.
- Trial: The trial stage is the main stage of a criminal case. It involves the presentation of evidence, the cross-examination of witnesses, and the arguments of the lawyers.
- Judgment: The judgment is the decision of the court on the guilt or innocence of the accused.
- Appeal: The appeal stage is the final stage of a criminal case. It involves the appeal of the judgment of the lower court to the higher court.
What is the hierarchy of civil courts in India?
The hierarchy of civil courts in India is as follows:
- Supreme Court of India
- High Courts
- District Courts
- Taluka Courts
- Munsif Courts
What is the hierarchy of criminal courts in India?
The hierarchy of criminal courts in India is as follows:
- Supreme Court of India
- High Courts
- Sessions Courts
- Magistrate Courts
What are the types of civil cases?
The types of civil cases include:
- Disputes between individuals
- Disputes between businesses
- Disputes between individuals and businesses
- Disputes between the government and individuals
- Disputes between the government and businesses
What are the types of criminal cases?
The types of criminal cases include:
- Murder
- Rape
- Robbery
- Theft
- Assault
- Drug trafficking
- Terrorism
What are the procedures for filing a civil case?
The procedures for filing a civil case are as follows:
- The plaintiff must file a plaint with the court.
- The defendant must be served with the plaint.
- The defendant must file a written statement.
- The plaintiff and defendant must exchange affidavits.
- The court may hold a hearing.
- The court will issue a judgment.
What are the procedures for filing a criminal case?
The procedures for filing a criminal case are as follows:
- The police must file a charge sheet with the court.
- The accused must be served with the charge sheet.
- The accused must file a bail application.
- The court may grant bail or remand the accused to custody.
- The prosecution and defense must file their evidence.
- The court may hold a hearing.
- The court will issue a judgment.
What are the remedies available in civil cases?
The remedies available in civil cases include:
- Damages
- Injunction
- Specific performance
- Restitution
- Rectification
What are the punishments available in criminal cases?
The punishments available in criminal cases include:
- Death penalty
- Life imprisonment
- Imprisonment for a term
- Fine
- Community service
What are the rights of the accused in criminal cases?
The rights of the accused in criminal cases include:
- The right to be presumed innocent until proven guilty
- The right to a fair trial
- The right to legal representation
- The right to remain silent
- The right to cross-examine witnesses
- The right to appeal
Question 1
Which of the following is not a type of court in India?
(A) Civil Court
(B) Criminal court
(C) Family Court
(D) Labour court
Answer
(D)
Question 2
The highest court in India is the:
(A) Supreme Court
(B) High Court
(C) District Court
(D) Magistrate Court
Answer
(A)
Question 3
The Supreme Court has:
(A) Original jurisdiction
(B) Appellate jurisdiction
(C) Advisory jurisdiction
(D) All of the above
Answer
(D)
Question 4
The High Court has:
(A) Original jurisdiction
(B) Appellate jurisdiction
(C) Advisory jurisdiction
(D) All of the above
Answer
(B)
Question 5
The District Court has:
(A) Original jurisdiction
(B) Appellate jurisdiction
(C) Advisory jurisdiction
(D) None of the above
Answer
(A)
Question 6
The Magistrate Court has:
(A) Original jurisdiction
(B) Appellate jurisdiction
(C) Advisory jurisdiction
(D) None of the above
Answer
(A)
Question 7
A civil court deals with:
(A) Disputes between individuals
(B) Disputes between individuals and the government
(C) Disputes between the government and other governments
(D) All of the above
Answer
(A)
Question 8
A criminal court deals with:
(A) Disputes between individuals
(B) Disputes between individuals and the government
(C) Disputes between the government and other governments
(D) Criminal cases
Answer
(D)
Question 9
A family court deals with:
(A) Divorce cases
(B) Custody cases
(C) Maintenance cases
(D) All of the above
Answer
(D)
Question 10
A labour court deals with:
(A) Disputes between employers and employees
(B) Disputes between Trade Unions and employers
(C) Disputes between the government and trade unions
(D) All of the above
Answer
(A)