2Administration of Justice Most essential function of the State.Power exercised by the State through judiciary to enforce rights and punish wrongs.It involves two parties- Plaintiff and Defendant – in civil cases- Complainant and Accused or- Prosecution and Accused – in criminal cases
3Judicial Process involves - A right claimed or a wrong complained by one party against the other.- Hearing of the parties by the Court.- Judgment of the Court delivered at the end of the trial.- Execution of the operative part of the judgment.
4System of Courts in India At National level – Supreme Court of IndiaAt State level – High CourtAt District and Subordinate level – Subordinate Courts (Civil and Criminal)
5Jurisdiction of the Supreme Court Court of Record. Has power to punish for contempt. (A.129)Original Jurisdiction. (A.131)Highest Court of Appeal in the country. (A.132,133,134 & 136)Writ jurisdiction.(A.32)Advisory Jurisdiction.(A.143)Law declared by the Supreme Court binding on all Courts in India.(A.141)
6Jurisdiction of the High Court Court of Record. Has power to punish for contempt. (A.215)Original Jurisdiction in civil and criminal matters in the case of some High Courts.Appellate jurisdiction in respect of criminal and civil cases decided by Subordinate courts.Revisional Jurisdiction conferred under the Civil Procedure Code and Criminal Procedure Code.Writ jurisdiction.(A.226)Administrative Jurisdiction over subordinate courts.
7Organization of the courts at District level Civil Courts subordinate to the High Court administering civil justice.Civil justice is remedial and is concerned with enforcement of rights.Proceedings in Civil Courts are regulated by Civil Procedure Code.Criminal Justice is punitive and is concerned with punishing the offenders.Proceedings in Criminal Courts are regulated by Criminal Procedure Code.
8Civil Courts subordinate to the High Court In CitiesFirst GradeChief Judge and Additional Chief JudgeSecond GradeAssistant Chief Judge or Senior Civil JudgeThird GradeMunsif orJunior Civil JudgeIn DistrictsFirst GradeDistrict Judge and Additional District JudgeSecond GradeAssistant District Judge or Senior Civil JudgeThird GradeMunsif orJunior Civil Judge
9District Judge - Head of civil justice administration in the district. Chief Judge - Head of civil justice administration in the city.Additional Chief Judges and Additional District Judges – Assist the Chief Judge and District Judge in administering civil justiceJudges of First grade and Second grade possess both original and appellate jurisdiction.Judges of First grade may be conferred with revisional powers also.
10Small Causes Courts are constituted under the Provincial Small Causes Courts Act. It tries only such suits which are triable only by such courts.Matters of small nature, not involving questions of title are tried by Small Causes Courts.Procedure followed by these courts are simpler and shorter than that of an ordinary civil courts.
11Criminal Courts Subordinate to the High Court In CitiesSessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions Judges)Chief Metropolitan Magistrate’s CourtMetropolitan Magistrates’ CourtsIn DistrictsSessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions Judges)Chief Judicial Magistrate’s CourtJudicial Magistrates of First Class.Judicial Magistrates of Second Class.
12State divided into Sessions divisions. (usually districts) Each Sessions division has a Court of Session.Presiding Officer of Court of Session is Sessions Judge.He is assisted by Additional and Assistant Sessions Judge.Chief Metropolitan Magistrate – In charge of city.Chief Judicial Magistrate – In charge of district.Sub Divisional Judicial Magistrate – In charge ofsub - division.All the Judicial Magistrates of I class and II class including Chief Metropolitan Magistrate, Chief Judicial Magistrate and Sub Divisional Judicial Magistrate are subordinate to Sessions Judge.
13Sentencing Power of different Trial Courts Sessions Judge andAdditional Sessions JudgeAssistant Sessions JudgeChief Judicial Magistrate Chief Metropolitan MagistrateJudicial Magistrate of I classMetropolitan MagistrateJudicial Magistrate of II classAny sentence authorized by law. But death sentence to be confirmed by the High CourtImprisonment upto 10 years and fine authorized by lawImprisonment upto 7 years and fine authorized by lawImprisonment upto 3 years and fine not exceeding RsImprisonment upto 1 year and fine not exceeding Rs. 5000
14Separation of powers Three organs of government - Legislative – Making laws- Executive – Enforcing laws- Judiciary – Interpreting laws and resolving disputesSame person should not form part of more than one of the three organs of government.One organ of the government not to interfere with any other organ of the government.One organ of the government not to exercise the function assigned to any other organ of the government.
15Separation of powersIn pursuance of the scheme of separation of executive from the judiciary (u/A 50 of the Constitution) – Two categories of Magistrates created.Judicial Magistrates – Appointed and controlled by the High Court and discharge judicial functions.Executive Magistrates – Appointed and controlled by the State Government and discharge executive functions, i.e., maintenance of law and order.
16Executive Magistracy For Districts For Subdivision - District Magistrates- Additional DistrictMagistrates-Executive MagistratesFor Subdivision- Sub-Divisional Magistrate- Additional Sub Divisional Magistrate- Executive Magistrates