HIREARCHY OF
COURTS
SUPREME COURT
The Supreme Court is placed at the topmost position of the
entire judicial system of the country. It is supposed to contain the original
advisory judicial system in India.
The Supreme Court, which is highest authority in The Hierarchy of Courts in India, deals
with the cases related to conflict between the Central government and the State
Government or between the governments of two states.The provisions regarding
establishment and constitution of the supreme court is provided in article 124
of the constitution. currently the strength of the supreme court judges is 34.
Punishment power of
the supreme court
Any sentence authorized by law.
HIGH COURT
Article 214 of the Indian
Constitution states that there shall be a High Court for each State. The High
Court consist of one Chief Justice and other judges. The President appoints the
Chief Justice of the High Court in consultation with the Chief Justice of India
while other judges were appointed by the President in consultation with the
Governor of the state, Chief Justice of the High Court as well as the Chief
Justice of India. If in the High Court the office of the Chief Justice falls
vacant due to some reasons then the President can ask any of the Judge to look
after the duties of the Chief Justice.[ref. blog.ipleaders]
Punishment power of the high courts
Any sentence authorized by law.
SESSIONS COURT
Sessions court section 7 of crpc provides that each state
shall be divided into one or more sessions divisions for the purpose of this
code. For every sessions division the state shall establish a court of
sessions which shall be presided over by a judge to be appointed by the high
court.
Further bifurcation of sessions
court:
(i) Sessions judge – every court of sessions shall be
presided by a judge , to be appointed by HC. the punishment power of sessions
judge is any punishment authorized by law, but in case of death penalty the prior confirmation of high court is
required.(sec 28(2)).
(ii) Additional sessions judge – high court may also appoint
additional sessions judge.The punishment power of additional sessions judge
is any punishment authorized by law,
but in case of death penalty the prior confirmation of high court is required.(sec
28(2)).
(iii) Assistant sessions judge - appointed by high court.The
maximum punishment passed by assistant judge is imprisonment for 10 years and
fine (no limit but must be appropriate).
Chief judicial magistrate
Chief judicial magistrate (CJM) - Section 12 vests the power in high court to
appoint CJM, ACJM & sub divisional judicial magistrate. Every chief
judicial magistrate is subordinate to
the sessions judge . other judicial magistrates are subordinate to the chief
judicial magistrate subject to general control of sessions judge. Further sub
divisional judicial MAGISTRATE may be sub categorized into judicial magistrate of
first class and judicial magistrate of second class.
Punishment Powers of chief judicial magistrate , judicial magistrate of
first class and judicial magistrate of second class.
CJM - 7 years imprisonment & fine (no limit of
fine is described but fine must be reasonable .
Judicial magistrate of first
class - Imprisonment of 3 years and fine
of maximum 10000rs.
Judicial magistrate of
second class – Imprisonment of 1 year
and fine of maximum 5000rs.
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