- No Federal Distribution of Judicial powers.
- The Hierarchy of courts.
- No Federal Distribution of Judicial Powers:-
Though India adopted Federal system,
- I.e. did not adopted for double system as that of courts in U.S.
- I.e. provided for a single integrated system of courts for the union as well as states which administer both union and state laws.
- At the head of the entire system stands “SC” of India, below which “HC’s” for different states of India, under which there is hierarchy of “Subordinate courts”. I.e. courts subordinate to and under the control of HC.
- Organisation of subordinate judiciary varies from state to state.
- SC issued a direction to Union & States to constitute an All India Judicial Service. And to bring about uniformity in designation of officers both in criminal & civil side. Steps yet to be taken.
- The hierarchy of courts.
- Highest tributal of the land has appellate juridiction over the HC’s.
- Possess original & advisory jurisd.
- Supreme judicial tribunal of the state
- Having original & appellate jurisdiction.
- Appellate jurisdiction over the district & sessions judge, the presidency magistrates & the original side of the HC itself.
- Above SJ’s are hears first appeals from decisions of subordinate Judges & Munsiffs
- Possess unlimited jurisdiction, both civil & criminal.
- Highest judicial authority in district.
- Above Munsiffs are got unlimited peumiary jurisdiction over civil suits, hear first appeals from the judgement of Munsiffs
- Next higher civil courts are jurisdiction determined by HC’s
At the lowerst stage- Panchayat Courts / FC on (2) sides, civil & criminal having various regional names.
Nyaya Panchayat / Panchayat Adalat / Gram Kutchery & the like.
1. Since the enactment of the (R.P. Code, 1973, the trial of criminal cases in done exclusively by “Judicial Magistrates”.
2. Chief Judicial Magistrate is the head of the criminal courts within the district.
3. In Metropoliton areas there are “Metropoliton magistrates” under administrative control of state HC. Who are different from Executive Magistrates who discharge the executive fC. Of maintaining law & order, under the control of the state government.