In this blog post, Ranjit Krishnan Ramanath, pursuing M. Abstract Courts and Justice system in India The courts are divided into three categories with top court, middle court and lower court.
The Supreme Court is the highest constitutional court as well as the highest court of appeal. It has both original, appellate and advisory jurisdictions, as well as the power to review.
Original jurisdiction constitutes the power to adjudicate disputes between the union government and one or more states or between two or more states Article and enforce fundamental rights guaranteed under the Constitution by issuing directions or writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari Article It hears appeals from judgments, decrees or final orders in criminal, civil, or other proceedings passed by the High Courts when they certify that substantial questions of law are involved Articles —A.
It also has the discretion to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any matter passed by any court or tribunal Article Further, it hears criminal appeals where the death sentence has been awarded Article In addition, the Supreme Court has jurisdiction to provide opinions on any question of law or fact of public importance referred to it by the President of India Articleas well as the power to review its own judgments or orders Article Notably, the law declared by the Supreme Court through its judgments is binding on all courts in India Article The High Courts are the highest courts of law in the state or union territory in which they are situated or have jurisdiction.
The High Courts hear civil and criminal appeals from subordinate courts under their control. The High Courts of Delhi, Bombay, Calcutta, and Madras however have original jurisdiction in civil cases of certain monetary value. Every High Court has original jurisdiction in revenue matters Article as well as those relating to admiralty, matrimony, probate, contempt of court and election petitions.
Significantly, other than the Supreme Court, High Courts are the only courts entrusted with writ jurisdiction for enforcing fundamental rights as well as for other purposes under the Constitution Article This jurisdiction of the High Courts is wider than that of the Supreme Court.
High Courts have the supervisory authority over the district and sessions courts, other subordinate courts, and tribunals within the territory of each state Article The district and sessions courts are the highest judicial authorities in a district.
The judges presiding over this court are called district judges when they decide civil cases and sessions judges when they hear criminal cases.
The subordinate courts that decide civil cases are the senior and junior munsif divisions. They are under the direct administrative control of the jurisidictional district court. The civil court procedures of each court are governed by the Code of Civil Procedure, The subordinate courts that try criminal cases are the courts of the chief judicial magistrate, first class judicial magistrate and second class judicial magistrate.
The Code of Criminal Procedure, governs the process of criminal trials. The jurisdiction of each court depends upon the severity of the crime and the appropriate punishment imposed by the Indian Penal Code, In a bid to bring in transparency, the Supreme Court had last year allowed the installation of CCTV recording with audio in trial courts and tribunals in every state.
In India, there are various levels of the judiciary which include the Supreme Court, the High Courts and the subordinate courts. The subordinate courts include district courts and tribunals. The first and foremost difference between court and tribunal is that tribunals are subordinate to courts.
Regarding the classical theory and the doctrine of separation of powers, the function of deciding disputes between the parties’ belonged ordinary courts of law. But, as discussed above, the governmental functions have increased and ordinary courts.
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.
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|Introduction||This is a Herculean task and even its critics will agree that the ministry does not have the capacity, competence and resources to undertake this task. Not surprisingly, it has consistently failed.|
|Tribunals in India - Wikipedia||A tribunal may be a party to the dispute. Court judges are impartial arbitrator and not a party.|
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