JUSTICE SYSTEM IN INDIA:
Indian Courts Hierarchy:
About Supreme Court: The Supreme Court is the highest court in the country. It has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to Central-State and inters State disputes. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for the enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court, if satisfied that cases involving the substantial question of law of general importance are pending before it and the High Courts, it may withdraw such case and dispose them by itself. It has many Benches for litigation and its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States; or between the States themselves. It also has an advisory jurisdiction wherein the President can always seek advice on any matter of law. The Law pronounced by this court is binding on all courts within India and the Court has the power to punish anybody for its contempt.
High Court: High Court stands at the head of a State’s judicial administration. It has power to issue to any person within its jurisdiction writs, orders or directions. Writs are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. Each High Court has powers of superintendence over all Courts and Tribunals within its jurisdiction. They work under the direct guidance and supervision of the Supreme Court of India. However no direct administrative control is exercised by the Supreme Court that may in any way affect the functioning of the High Court’s as independent judicial institutions. Every High Court has a Chief Justice and such other Judges which the President may appoint from time to time. Decisions of the Supreme Court are considered law of the land and are binding unless overruled by a larger bench of the same court. High Court decisions are binding to the extent of their respective state jurisdiction.
Civil Justice Administration: In civil courts every suit should be instituted before the court of lowest jurisdiction. On the Civil side Jr.Civil Judge is the court of lowest jurisdiction. If the value of the subject matter of the suit is worth rupees one lakh or below, the Jr.Civil Judge Court is the competent court to try the suit. If the value exceeds above rupees one lakh the suit should be filed before the Subordinate Judge’s Court (Sub Court). If the value exceeds above rupees ten lakh the suit should be filed before the District Judge’s Court. An appeal from the decisions of the Jr.Civil Judge Court is filed before the District Court. Appeals from the decisions of the Sub Court are filed before the District Court if the subject matter of the suit is of value up to rupees two lakhs. If the value is above two lakhs, the appeal should be filed before the High Court and next to the Supreme Court.
The purpose of Civil Justice system is to adjudicate rights of the parties in case of their violation and apprehension of violation. The rights can be by way statute, custom, common law, constitution, equity etc., We find the civil rights of the parties in various laws like contract law, transfer of property, easements, partition law, Hindu succession.
These rights are adjudicated with the aid of procedure called Civil procedure code, 1908, Civil rules of Practice and Indian Evidence act, 1872. Under CPC we find which forum to be approached to redress grievance – how to approach it – steps forum should take to receive grievance – method of calling opposite party – mode of disposing the case and executing the pronounced decree/order – appeal- interim reifies. Under Evidence act we find how a fact alleged has to be proved, who has to prove, with what facts it must be proved and mode of recording evidence.
Criminal Justice Administration: Administration of criminal justice is carried out through Magistrate Courts and Sessions courts. The hierarchy of criminal courts is given below. The Court at the lowest level is called Judicial Magistrate of the second class. This Court is competent to try the case if the offence is punishable with imprisonment for a term not exceeding one year, or with fine not exceeding five thousand rupees, or with both. The First Class Magistrate is competent to try offences punishable with imprisonment for a term not exceeding three years or with fine up to ten thousand rupees. The Chief Judicial Magistrate can impose any fine and punishment up to seven years imprisonment. The Assistant Sessions Judge is competent to impose punishments up to ten years imprisonment and any fine. The Sessions Judge can impose any punishment authorized by law; but the sentence of death passed by him should be subject to the confirmation by the High Court. (See for details Sections 28 and 29 of Criminal Procedure Code.)
The purpose of Criminal Justice system is to punish the guilt for actions and omissions prohibited by law and we find prohibited actions and omissions and appropriate sanctions under laws like Indian penal code, NDPS Act,
These commission of these offences are adjudicated with the aid of procedure called Criminal procedure code, 1973, Criminal rules of Practice and Indian Evidence act, 1872. Under Cr.P.C we find which forum to be approached to redress grievance – how to approach it – steps forum should take to receive grievance – method of calling opposite party – mode of disposing the case mode of disposing he case and executing the pronounced order – appeal- interim reifies. Under Evidence act we find when a fact alleged in said to be proved, who has to prove, with what facts it must be proved and mode of recording evidence.