ಭಾರತದ ನ್ಯಾಯಾಲಯಗಳ ವ್ಯವಸ್ಥೆ ||Hierarchy of Courts in India
Автор: UdayaSingh Legal Entity
Загружено: 2025-01-31
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he Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned in respect of any judgment, decree, or final oSupreme Court decisions are binding on all Courts/Tribunals in the country and act as precedence for lower courts. Under Article 141 of the Constitution, all courts in India are bound to follow the decision of the Supreme Court as the rule of law. Further, Article 142 of the Constitution empowers the Supreme Court to pass any order as may be necessary for doing complete justice between the parties. The Supreme Court, has over the years, frequently relied upon Article 142 to meet the ends of justice, and introduced the concepts of absolute liability, prospective application of a particular judgmentrder of a High Court, in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution or any law. High Courts
High Courts have jurisdiction over the States in which they are located. There are at present, 25 High Courts in India. However, few of the High Courts have jurisdiction over more than one State or Union Territories: Bombay (Mumbai) High Court, Calcutta High Court (Kolkata), Guwahati High Court, High Court of Judicature at Hyderabad, Madras (Chennai) High Court and Punjab and Haryana High Courts. For instance, the Bombay High Court is located at Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction covers the States of Maharashtra and Goa, and the Union Territories of Dadra and Nagar Haveli as well as Daman and Diu. Predominantly, High Courts can exercise only writ and appellate jurisdiction, but a few High Courts have original jurisdiction and can try suits. High Court decisions are binding on all the lower courts of the State over which it has jurisdiction. District Courts
District Courts in India take care of judicial matters at the District level. Headed by a judge, these courts are administratively and judicially controlled by the High Courts of the respective States to which the District belongs. The District Courts are subordinate to their respective High Courts. All appeals in civil matters from the District Courts lie to the High Court of the State. There are many secondary courts also at this level, which work under the District Courts. There is a court of the Civil Judge as well as a court of the Chief Judicial Magistrate. While the former takes care of the civil cases, the latter looks into criminal cases and offencesLower Courts
In some states, there are some lower courts (below the district courts) called Munsif’s courts and small causes courts. These courts only have original jurisdiction and can try suits up to a small amount. Thus, Presidency- Small Causes Courts cannot entertain a suit in which the amount claimed exceeds Rs. 2,000. However, in some States, civil courts have unlimited pecuniary jurisdiction. Judicial officers in these courts are appointed on the basis of their performance in competitive examinations held by the various States’ Public Service Commissions.Tribunals
Special courts or Tribunals also exist for the sake of providing effective and speedy justice (especially in administrative matters) as well as for specialized expertise relating to specific kind of disputes. These Tribunals have been set up in India to look into various matters of grave concern. The Tribunals do not have to follow any uniform procedure as laid down under the Civil Procedure Code or the Indian Evidence Act but they have to follow the principles of Natural Justice. The Tribunals that need a special mention are as follows:
Income Tax Appellate Tribunal
Central Administrative Tribunal
Intellectual Property Appellate Tribunal, Chennai
Railways Claims Tribunal
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