Courts in India
Courts in India {kinds & hierarchy of courts in brief}
"But there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a COURT.” -Harper Lee, To Kill a Mockingbird.
The judiciary in India have wide and immense scope and role in the Justice administration system.Though the constitution of India provides the federal structure in political administration i.e the center and state as a political unit but in respect to the judiciary or the court system the judiciary in India is uniform and in pyramidical or hierarchical manner to administer both Union and State laws. The Hon’ble Supreme Court of India in the highest/top level and the court of Munsif/Civil Judge Junior Division in the lowest/bottom level. The Supreme Court of India is the highest court of appeal and have been entrusted with the widest jurisdiction. The constitution and the statutes provides the specific jurisdiction and the constitution of every court in India. The literal term and the meaning of the judiciary refers to the word “court”. Furthermore the term “judiciary” is the emotional attachment and denotes to the organ of the government but in the practical and formal sense for the same organ/institution term “court” is being used. Therefore I hereby give/illustrate the meaning and the definition of the word “court” as per the definition given in the different dictionary, statutes and in the judicial decisions.
A. The definitions of the Court:-
The Webster’s Dictionary defines the term “court” as the “Court” may mean a principle Court of original jurisdiction and as is ordinarily understood as a place “where justice is judicially administered.”(The Law Lexicon-Webster’s Dictionary, 1990 Edn. Page 2).
The Oxford Dictionary defines the term court as “a tribunal presided over by a judge, judges, or a magistrate in civil and criminal cases”
The Oxford Advanced Learner's Dictionary defines the term “court”as “the place where legal trials take place and where crimes, etc. are judged the civil/criminal courts”
The Black’s Dictionary gives the several definitions of the single word “court” and one of them is as “in practical sense the court means an organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice ( Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.).
In the case of Brumley v. State, 20 Ark. 77. It was held as “A court may be more particularly described as an organized body with defined powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it. and aided in this, its proper business, by its proper officers, viz., attorneys and counsel to present and manage the business, clerics to record and attest its acts and decisions and ministerial officers to execute its commands, and secure due order in its proceedings.”
According to sec. 3 of the Indian Evidence Act, 1872 (Act No. I of 1872) the word “Court” has been defined as “Court” includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence.
According to sec. 20 of the Indian Penal Code 1860 ( Act No. 45 of 1860) the term court has been defined as “Court of Justice” which denote a Judge who is empowered by law to act judicially alone or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.
In the word of the Hon’ble Justice Gajendragadkar, “ The expression “a court” in the technical sense is a Tribunal constituted by the State as a part of the ordinary hierarchy of Courts which are invested with the State’s inherent judicial powers. The Tribunal as distinguished from the Court exercises, judicial powers and decides matters brought before it judicially, quasi-judicially, but it does not constitute a Court in a technical sense (Engineering Mazdoor Sabha Vs. Hind Cycles, AIR 1963 SC 874 at p.878 ).
According to the Legal Giant Sir Dinshaw Fardunji Mulla “ The word 'court' is a generic term and embraces a judge. A court is an agency created by the sovereign for the purpose of administering justice judicially. It is a tribunal presided over by judge(s) on whom are conferred certain judicial powers for administering justice in accordance with law. The court is said to have assembled for administering justice when judge(s) take a seat in the court. A tribunal may be termed as a court if it has all the trappings of a court. Every court may be a tribunal but every tribunal need not necessarily be a Court. Once the essential features of “court” are satisfied, then it will have to be termed as a “court” (Mulla, “ The Code of Civil Procedure (Abridged) ” p. 19, 16th Edition).
B. Kinds of Courts:-
Now let me discuss about the kinds/hierarchy of the court existing/prevalent in India which are as follows:-
1. The Supreme Court.
2. The High Courts in the state.
3. The Subordinate courts.
Both the Supreme Court and the High Courts in the state are prescribed and protected by the Constitution and the constitution itself prescribes the each and every provisions relating to the compositions, jurisdictions and others provisions relating to the powers and functions of the Supreme Court and the High Courts and though the Constitution prescribes the provisions relating to the subordinate courts but the constitution does not prescribe all the provisions relating to the subordinate courts with regards to its constitutions, kinds, hierarchy and the jurisdiction. It may be because it was not possible on the part of the framers of the constitution during the drafting of the same to give all the details of the same in the Constitution. It is neither feasible nor practicable. In fact the details provisions relating to the subordinate courts is prescribed by the different statutes both in the civil and criminal nature. The subordinate courts have been divided in civil and criminal courts.
Now I hereby would like to draw a lineal divisions and classifications in between the civil and criminal courts which are as:-
(i) The Subordinate civil courts:-
There may be the different statutes in the different states in India providing the provisions for the subordinate civil courts with regards to its constitution, kinds, hierarchy, jurisdictions etc. Besides then the Code of Civil Procedure 1908 (Act No. V of 1908) in section 3 there are or may be the separate statutes providing the provisions relating to civil courts with regards to its constitution, kinds, hierarchy, jurisdictions etc. But in the context of the state of West Bengal there are two age old Acts and one new Act passed by the Lieutenant-Governor of Bengal, [Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam,] which provides the constitution, kinds, hierarchy, jurisdiction etc. of the Civil Courts. These are three in numbers viz.
(a) The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887);
(b) The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882);
(c) The City Civil Court Act, 1953 ( West Bengal Act XXI of 1953);
The above two Acts i.e The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887) and The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was enacted during the British period in India and these are still existing and operating and have been proved as good laws. The purpose behind the enactment of The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887) was to consolidate and amend the laws relating to Civil Courts in Bengal, [the North-Western Provinces and Assam.]. There are in total 40 sections in the Act and it have been divided in seven chapters. The Chapter II from sec. 3 to sec. 17 deals with provisions of constitution of Civil Courts. Sec. 3 deals with the classes of courts and it lays down as there shall be the following classes of Civil Courts under this Act, namely:-
1. The Court of the District Judge;
2. The Court of the Additional Judge;
3. The Court of the Assistant District Judge; and
4. The Court of the Munsif.
Hence by the above classifications it is seen that there are four classifications of civil court in a District. The court of the District Judge is the highest in the District and the court of the Munsif is the lowest one in level and judicial and administrative capacity. Furthermore sec. 9 provides the administrative control of Courts which reads as subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.
Another Act i.e. the Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was enacted for the purpose of consolidating and amending the law relating to the Courts of Small Cause established in the Presidency-towns of Calcutta, Madras and Bombay and Sec. 8 classifies the civil courts as:-
1. The Court of Chief Judge; and
2. The Court of other Judges.
The last one Act I.e the City Civil Court Act, 1953 ( West Bengal Act XXI of 1953) was enacted to establish an additional Civil Court for the City of Calcutta or the City Civil Court. This is a very short enactment including 22 sections and sec. 4 classifies the court as:-
1. The court of Chief Judge; and
2. The court of other Judges.
(ii) The Subordinate Criminal Courts:-
The classifications and the hierarchy of the subordinate criminal courts along with their respective jurisdictions in India have been provided in the Code of Criminal Procedure 1973 (Act No. 2 of 1974) these are as follows:-
1. The Court of Session;
2.The Courts of Judicial Magistrates;
3.The Courts of Metropolitan Magistrates;
4. The Courts of Special Judicial or Metropolitan Magistrates; and
5. The Courts of Executive Magistrates
Now I here would like to give more specification and details about the hierarchy and the constitution of the subordinate criminal courts in terms of their power and jurisdictions and the Court of Session includes the courts which are as:-
1. The court of Session Judge;
2. The court of Additional Session Judge;
3. The court of Assistant Session Judge;
Above three courts have the powers to try the session triable offenses and have the powers to pass the sentence of imprisonment for ten years and above accordingly. Now comes the courts of Judicial Magistrates in the area other then the metropolitan cities which are as:-
1. The court of Chief Judicial Magistrate/Additional Chief Judicial Magistrate;
2. The court of Sub-Divisional Judicial Magistrate;
3. The court of Judicial Magistrate or Special Judicial Magistrate of First Class;
4. The court of Judicial Magistrate or Special Judicial Magistrate of Second class
Above four courts have the powers to try the magistrate triable offences and have powers to pass the sentence of imprisonment up to seven years and three respectively. There in every metropolitan area there are the courts of Metropolitan Magistrates having equal powers and jurisdictions that of Judicial Magistrates which are as:-
1. The court of Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate;
2. The court of Metropolitan Magistrate; and
3. The court of Special Metropolitan Magistrate;
Now I hereby discuss about the courts of Executive Magistrates which act and function as a quasi-judicial bodies and play a vital role in the maintenance of the law and order and the public order and tranquility. The following are the hierarchy of the courts of Executive Magistrates:-
1. The District Magistrate;
2. The Additional District Magistrate;
3. The Sub-Divisional Magistrate;
4. The Executive Magistrate ; and
5. The Special Executive Magistrate;
In the similar manner as there is the City Civil Court Act, 1953 ( West Bengal Act XXI of 1953) in the civil side to contribute the civil justice administration system in the metropolitan area of calcutta, in the likewise manner there is also the City Sessions Court act, 1953 (West Bengal Act XX of 1953) to contribute towards the criminal justice administration system which establishes a Court of Session for the Presidency-town of Calcutta. This is also a very short enactment including 17 sections and sec. 4 classifies the court as:-
1. The court of Chief Judge; and
2. The court of other Judges.
Above all are the descriptions in brief about the definitions, kinds and the hiearchy of the different courts from the top the Hon’ble Supreme Court to the bottom the Court of Civil Judge (Jr. Division)/ Judicial Magistrate existing and functioning in India and which are the vital units/organs in the justice administration system in the Indian polity and also in the largest democracy of the world.
"But there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a COURT.” -Harper Lee, To Kill a Mockingbird.
The judiciary in India have wide and immense scope and role in the Justice administration system.Though the constitution of India provides the federal structure in political administration i.e the center and state as a political unit but in respect to the judiciary or the court system the judiciary in India is uniform and in pyramidical or hierarchical manner to administer both Union and State laws. The Hon’ble Supreme Court of India in the highest/top level and the court of Munsif/Civil Judge Junior Division in the lowest/bottom level. The Supreme Court of India is the highest court of appeal and have been entrusted with the widest jurisdiction. The constitution and the statutes provides the specific jurisdiction and the constitution of every court in India. The literal term and the meaning of the judiciary refers to the word “court”. Furthermore the term “judiciary” is the emotional attachment and denotes to the organ of the government but in the practical and formal sense for the same organ/institution term “court” is being used. Therefore I hereby give/illustrate the meaning and the definition of the word “court” as per the definition given in the different dictionary, statutes and in the judicial decisions.
A. The definitions of the Court:-
The Webster’s Dictionary defines the term “court” as the “Court” may mean a principle Court of original jurisdiction and as is ordinarily understood as a place “where justice is judicially administered.”(The Law Lexicon-Webster’s Dictionary, 1990 Edn. Page 2).
The Oxford Dictionary defines the term court as “a tribunal presided over by a judge, judges, or a magistrate in civil and criminal cases”
The Oxford Advanced Learner's Dictionary defines the term “court”as “the place where legal trials take place and where crimes, etc. are judged the civil/criminal courts”
The Black’s Dictionary gives the several definitions of the single word “court” and one of them is as “in practical sense the court means an organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice ( Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.).
In the case of Brumley v. State, 20 Ark. 77. It was held as “A court may be more particularly described as an organized body with defined powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it. and aided in this, its proper business, by its proper officers, viz., attorneys and counsel to present and manage the business, clerics to record and attest its acts and decisions and ministerial officers to execute its commands, and secure due order in its proceedings.”
According to sec. 3 of the Indian Evidence Act, 1872 (Act No. I of 1872) the word “Court” has been defined as “Court” includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence.
According to sec. 20 of the Indian Penal Code 1860 ( Act No. 45 of 1860) the term court has been defined as “Court of Justice” which denote a Judge who is empowered by law to act judicially alone or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.
In the word of the Hon’ble Justice Gajendragadkar, “ The expression “a court” in the technical sense is a Tribunal constituted by the State as a part of the ordinary hierarchy of Courts which are invested with the State’s inherent judicial powers. The Tribunal as distinguished from the Court exercises, judicial powers and decides matters brought before it judicially, quasi-judicially, but it does not constitute a Court in a technical sense (Engineering Mazdoor Sabha Vs. Hind Cycles, AIR 1963 SC 874 at p.878 ).
According to the Legal Giant Sir Dinshaw Fardunji Mulla “ The word 'court' is a generic term and embraces a judge. A court is an agency created by the sovereign for the purpose of administering justice judicially. It is a tribunal presided over by judge(s) on whom are conferred certain judicial powers for administering justice in accordance with law. The court is said to have assembled for administering justice when judge(s) take a seat in the court. A tribunal may be termed as a court if it has all the trappings of a court. Every court may be a tribunal but every tribunal need not necessarily be a Court. Once the essential features of “court” are satisfied, then it will have to be termed as a “court” (Mulla, “ The Code of Civil Procedure (Abridged) ” p. 19, 16th Edition).
B. Kinds of Courts:-
Now let me discuss about the kinds/hierarchy of the court existing/prevalent in India which are as follows:-
1. The Supreme Court.
2. The High Courts in the state.
3. The Subordinate courts.
Both the Supreme Court and the High Courts in the state are prescribed and protected by the Constitution and the constitution itself prescribes the each and every provisions relating to the compositions, jurisdictions and others provisions relating to the powers and functions of the Supreme Court and the High Courts and though the Constitution prescribes the provisions relating to the subordinate courts but the constitution does not prescribe all the provisions relating to the subordinate courts with regards to its constitutions, kinds, hierarchy and the jurisdiction. It may be because it was not possible on the part of the framers of the constitution during the drafting of the same to give all the details of the same in the Constitution. It is neither feasible nor practicable. In fact the details provisions relating to the subordinate courts is prescribed by the different statutes both in the civil and criminal nature. The subordinate courts have been divided in civil and criminal courts.
Now I hereby would like to draw a lineal divisions and classifications in between the civil and criminal courts which are as:-
(i) The Subordinate civil courts:-
There may be the different statutes in the different states in India providing the provisions for the subordinate civil courts with regards to its constitution, kinds, hierarchy, jurisdictions etc. Besides then the Code of Civil Procedure 1908 (Act No. V of 1908) in section 3 there are or may be the separate statutes providing the provisions relating to civil courts with regards to its constitution, kinds, hierarchy, jurisdictions etc. But in the context of the state of West Bengal there are two age old Acts and one new Act passed by the Lieutenant-Governor of Bengal, [Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam,] which provides the constitution, kinds, hierarchy, jurisdiction etc. of the Civil Courts. These are three in numbers viz.
(a) The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887);
(b) The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882);
(c) The City Civil Court Act, 1953 ( West Bengal Act XXI of 1953);
The above two Acts i.e The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887) and The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was enacted during the British period in India and these are still existing and operating and have been proved as good laws. The purpose behind the enactment of The Bengal, Agra and Assam Civil Court Act, 1887 ( Act No. XII of 1887) was to consolidate and amend the laws relating to Civil Courts in Bengal, [the North-Western Provinces and Assam.]. There are in total 40 sections in the Act and it have been divided in seven chapters. The Chapter II from sec. 3 to sec. 17 deals with provisions of constitution of Civil Courts. Sec. 3 deals with the classes of courts and it lays down as there shall be the following classes of Civil Courts under this Act, namely:-
1. The Court of the District Judge;
2. The Court of the Additional Judge;
3. The Court of the Assistant District Judge; and
4. The Court of the Munsif.
Hence by the above classifications it is seen that there are four classifications of civil court in a District. The court of the District Judge is the highest in the District and the court of the Munsif is the lowest one in level and judicial and administrative capacity. Furthermore sec. 9 provides the administrative control of Courts which reads as subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.
Another Act i.e. the Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was enacted for the purpose of consolidating and amending the law relating to the Courts of Small Cause established in the Presidency-towns of Calcutta, Madras and Bombay and Sec. 8 classifies the civil courts as:-
1. The Court of Chief Judge; and
2. The Court of other Judges.
The last one Act I.e the City Civil Court Act, 1953 ( West Bengal Act XXI of 1953) was enacted to establish an additional Civil Court for the City of Calcutta or the City Civil Court. This is a very short enactment including 22 sections and sec. 4 classifies the court as:-
1. The court of Chief Judge; and
2. The court of other Judges.
(ii) The Subordinate Criminal Courts:-
The classifications and the hierarchy of the subordinate criminal courts along with their respective jurisdictions in India have been provided in the Code of Criminal Procedure 1973 (Act No. 2 of 1974) these are as follows:-
1. The Court of Session;
2.The Courts of Judicial Magistrates;
3.The Courts of Metropolitan Magistrates;
4. The Courts of Special Judicial or Metropolitan Magistrates; and
5. The Courts of Executive Magistrates
Now I here would like to give more specification and details about the hierarchy and the constitution of the subordinate criminal courts in terms of their power and jurisdictions and the Court of Session includes the courts which are as:-
1. The court of Session Judge;
2. The court of Additional Session Judge;
3. The court of Assistant Session Judge;
Above three courts have the powers to try the session triable offenses and have the powers to pass the sentence of imprisonment for ten years and above accordingly. Now comes the courts of Judicial Magistrates in the area other then the metropolitan cities which are as:-
1. The court of Chief Judicial Magistrate/Additional Chief Judicial Magistrate;
2. The court of Sub-Divisional Judicial Magistrate;
3. The court of Judicial Magistrate or Special Judicial Magistrate of First Class;
4. The court of Judicial Magistrate or Special Judicial Magistrate of Second class
Above four courts have the powers to try the magistrate triable offences and have powers to pass the sentence of imprisonment up to seven years and three respectively. There in every metropolitan area there are the courts of Metropolitan Magistrates having equal powers and jurisdictions that of Judicial Magistrates which are as:-
1. The court of Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate;
2. The court of Metropolitan Magistrate; and
3. The court of Special Metropolitan Magistrate;
Now I hereby discuss about the courts of Executive Magistrates which act and function as a quasi-judicial bodies and play a vital role in the maintenance of the law and order and the public order and tranquility. The following are the hierarchy of the courts of Executive Magistrates:-
1. The District Magistrate;
2. The Additional District Magistrate;
3. The Sub-Divisional Magistrate;
4. The Executive Magistrate ; and
5. The Special Executive Magistrate;
In the similar manner as there is the City Civil Court Act, 1953 ( West Bengal Act XXI of 1953) in the civil side to contribute the civil justice administration system in the metropolitan area of calcutta, in the likewise manner there is also the City Sessions Court act, 1953 (West Bengal Act XX of 1953) to contribute towards the criminal justice administration system which establishes a Court of Session for the Presidency-town of Calcutta. This is also a very short enactment including 17 sections and sec. 4 classifies the court as:-
1. The court of Chief Judge; and
2. The court of other Judges.
Above all are the descriptions in brief about the definitions, kinds and the hiearchy of the different courts from the top the Hon’ble Supreme Court to the bottom the Court of Civil Judge (Jr. Division)/ Judicial Magistrate existing and functioning in India and which are the vital units/organs in the justice administration system in the Indian polity and also in the largest democracy of the world.
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