HEIRARCHY OF COURT

• The hierarchy of Civil Courts is based on the

territorial and pecuniary jurisdiction of
the courts. Civil Courts can deal with the cases
which have been committed within its
territory and also which is within the
pecuniary limits of the court.
• (heirarchy of indian court is in the following
slide)
HIERARCHY OF COURT
1.SUPEREME COURT
• The supreme court is the highest court within the hierarchy of
courts in many legal jurisdictions.
• The building block of the Supreme Court was laid down on 29
October 1954 by Dr Rajendra Prasad, the first President of India.
• India’s Supreme Court succeeded the Federal Court of India on 28
January, 1950 which was established by the Government of India
Act 1935
• The idea of a supreme court owes much to the framers of
the Constitution of the United States.
• It consists of Chief Justice of India and 30 otherJudges designated
by the President of India and the retirement age of Supreme Court
Judges is 65 years.
• On 29 October, 1954 Dr. Rajendra Prasad the first President of India
laid the foundation stone of the Supreme Court building.
 SUPEREME COURT
• The strange thing is that the building of Supreme Court (SC) is
designed and shaped in such a way that it represents the
scales of the justice.
• The Right and left wings of the building represents two
scales.
• The Right Wing consists of the offices of the Attorney General
of India and other law officers, the bar-room and the library
• The Left Wing consists of the offices of the Court.
• It is a Constitutional body which is laid down in Part V of the
Chapter V of the Constitution of India from Articles 124 to
147.
2.HIGH COURT
• The high courts of India are the principal civil courts
of original jurisdiction in each state and union territory.
• the work of most high courts primarily consists of appeals
from lower courts and writ petitions in terms of Articles 226
and 227 of the constitution. Writ jurisdiction is also an original
jurisdiction of a high court.
• Judges in a high court are appointed by the President of
India in consultation with the Chief Justice of India and
the governor of the state. High courts are headed by a chief
justice.
• The Calcutta High Court is the oldest high court in the country,
established on 2 July 1862.
 HIGH COURT
• Presently, there are 25 High Courts in India, with some states
having a common High Court.
• Every High Court comprises of a Chief Justice and other judges
appointed by President.
• There is no fixed minimum number of judges for the High
Courts. It varies from Court to Court and from State to State.
• The states of Punjab and Haryana have a common High Court
in Chandigarh.
• The North-Eastern states (Assam, Mizoram, Nagaland,
Arunachal Pradesh) share the same High Court in Guwahati.
Hierarchy after high court is as...
3.SUBORDINATE JUDGE CLASS I
• Courts of Judicial Magistrate of First Class are at the second
lowest level of the Criminal Court structure in India. According
to the Section 11 of the Criminal Procedure Code, 1973 (CrPc)
• According to Section 15 of the CrPc, a judicial magistrate is
under the general control of the Sessions Judge and is
subordinate to the Chief Judicial Magistrate.
• According to Section 29 of the CrPc., a Judicial Magistrate of
First Class may pass a sentence of imprisonment for a term
not exceeding three years, or of fine not exceeding ten
thousand rupees or of both
3.1 Metropolitan courts
• Courts of Metropolitan Magistrate are at the second lowest
level of the Criminal Court structure in India According to the
Section 16 of the Criminal Procedure Code, 1973 (CrPc),in
every metropolitan area
• A Metropolitan Magistrate is a first class magistrate under the
general control of the District & Sessions Judge and is
subordinate to the Chief Metropolitan Magistrate.
• The presiding officers of such Courts shall be appointed by
the High Court.
3.2 DISTRICT COURTS
• The District Courts of India are the local district courts of the
State governments in India for every district or for one or
more districts together taking into account the number of
cases, population distribution in the district.
• These Courts administer justice in India at a district level.
• The provisions related to subordinate courts are provided in
the 6th part of the Indian Constitution.
• Articles 233-237 deal with the subordinate courts.
• A person not already in the service of the Union or of the
state shall only be eligible to be appoint a district judge if he
has been for not less than 7 years an advocate or a pleader
and is recommended by the high court for appointment.
 4.SUBORDINATE JUDGE CLASS 2
• Courts of Judicial Magistrate of Second Class are at the
lowest hierarchy of the Criminal Court structure
in India.[1] According to the Section 11 of the Criminal
Procedure Code, 1973 (CrPc)
• a Court of Judicial Magistrate of Second Class may be
established by the State Government in consultation with
the High Court of the respective state at such places in the
district and in any number by a notification.
• the post for Judicial Magistrate 2nd Class is to be held for 6
months by the newly inducted officers unless the concerned
Hon'ble High Court of a State pleased to seem fit to reduce or
increase the time period of 6 months.
5.MUNISIFF COURT
• District Munsiff Court is the court of the lowest order
handling matters pertaining to civil matters in the district.
Usually, it is controlled by the District Courts of the respective
district.
• The District Munsif Court is authorised to try matters
pertaining to certain pecuniary limits.
• The State Government notifies the pecuniary limits for the
District Munsiff Courts. It is under the charge of a munsiff
magistrate/judicial collector.
• The State Government prescribes the territorial jurisdiction of
the District Munsiff Court.
 MUNISIFF COURT
• The district is further divided into subdivisions; each
subdivision has an in-charge tax inspector and Registrar
magistrate.
• The munsiff magistrate is the judge and presiding officer of
the District who keep charge of all tax inspectors (tehsildars).
Enforcement is of the law of 1982 CrPc.
 MERITS OF HIERARCHY
• The court hierarchy allows the doctrine of precedent to
operate under it which allows for fairness and
consistency among all cases heard
• Allows appeals to be heard which allows for mistakes
to be fixed and for another court who specialises on
that area to hear the case
• More serious and complex cases can be heared by
judges with more experience
• Each court can specialise in their own area of law
reducing the pressure on each court to finish the case
• Fewer delays in each court as serious cases are not
mixed with less serious cases.
 DEMERITS OF HEIRARCHY
• Precedent from a higher court is always binding on a lower
court which may not always be appropriate for certain
circumstances in a case
• There is no number of appeals that cannot be made you can
appeal a case as many times as possible
• More people are needed to run each court which is not
always available
• More courts are sometimes confusing for people without
knowledge in law and can seem confusing for people. A single
court system would remedy this
• Less serious cases are not always heard by a judge with same
level of judicial experience.