5. Enumerate and Elaborate the Powers of Criminal and Executive Courts in India
| Court/Office | Constitution | Powers | Example/Illustration |
|---|---|---|---|
| Supreme Court | – The highest judicial authority in India, established under Article 124 of the Constitution of India. – Composed of the Chief Justice of India (CJI) and other judges appointed by the President. | – Final court of appeal for all criminal and civil cases. – Judicial review power to examine whether laws passed by Parliament violate the Constitution. – Can strike down laws that are unconstitutional. – Reviews decisions from High Courts, including death penalty appeals. – Ensures fundamental rights are protected and law is applied uniformly across India. – Can hear cases related to criminal matters, constitutional issues, and important civil matters. | Ex: Raj files an appeal in the Supreme Court after being convicted in the High Court for terrorism. The Supreme Court examines whether his fundamental rights were violated, especially his right to a fair trial. The court can either uphold the verdict or order a retrial. |
| High Court | – Established under Article 214 of the Constitution of India. – One High Court is established in each state or union territory. – Composed of a Chief Justice and other judges appointed by the President. | – Supervisory jurisdiction over subordinate courts. – Hears appeals in both criminal and civil cases from lower courts. – Can issue writs (e.g., habeas corpus) to protect individuals’ fundamental rights. – Can quash FIRs, dismiss cases, or modify sentences in cases where the law wasn’t followed properly. – Judicial review of laws and executive actions to ensure constitutional compliance. – Can pass any sentence authorized by law, including death or life imprisonment. May confirm death sentences passed by Sessions Court. – Hears appeals from Sessions Courts, Magistrate Courts, and tribunals. | Ex: In a fraud case, Raj is convicted by the Sessions Court, and his lawyer appeals to the High Court. The High Court reviews the case and orders a retrial after finding procedural errors in the Sessions Court’s handling of evidence. |
| Courts of Session | – Established in each sessions division of a state. – Presided over by a Sessions Judge appointed by the High Court. – Can have Additional Sessions Judges for large divisions. | – Hears serious criminal cases like murder, rape, terrorism, drug trafficking, and crimes punishable by life imprisonment or death. – Can pass severe sentences, including death penalty (subject to High Court confirmation). – Deals with cases that require extensive investigation and the collection of evidence. – Appeals from Magistrate Courts are often sent here for review and final judgment. | Ex: Raj is charged with murder. His case is sent to the Sessions Court, where the Sessions Judge hears all the evidence and passes a sentence of life imprisonment after considering the severity of the crime. |
| Sessions Divisions | – A state is divided into sessions divisions, with each having a Sessions Court. – Established for efficient management of serious criminal cases. | – Allocates serious criminal cases to different Sessions Courts based on jurisdiction. – Ensures efficient disposal of cases across large regions. – Can have multiple Sessions Courts in one division, each handling different types of cases. | Ex: In a state with 5 sessions divisions, one division handles murder cases, while another division handles drug trafficking cases. |
| Judicial Magistrates of the First Class | – Appointed by the High Court for each district. | – Handles more serious offenses than the Second Class Magistrates but not as severe as those handled by the Sessions Court. – Can pass sentences of imprisonment for up to three years, fines up to 50,000 rupees, or both, or community service for less severe crimes. – Deals with crimes like simple assault, theft, misrepresentation, fraud, and public mischief. – Can issue warrants and summons. – Conducts summons cases, where the accused is not arrested but appears in court. | Ex: Raj is charged with simple assault after hitting someone during an argument. His case is heard in the First Class Judicial Magistrate Court, which imposes a sentence of 2 years in prison based on the severity of the offense. |
| Judicial Magistrates of the Second Class | – Appointed by the High Court for each district. | – Handles minor offenses like petty theft or public nuisance. – Can pass sentences of imprisonment for up to one year, fines up to 10,000 rupees, or both, or community service for minor offences. – Deals with less serious criminal offenses such as public nuisance, simple theft, defamation, and petty crimes. – Can issue summons for minor offenses and handle petty cases without extensive investigation. | Ex: Raj is caught stealing a bicycle from his neighbour. The Second Class Judicial Magistrate hears the case and imposes a sentence of 6 months in prison after reviewing the evidence. |
| Metropolitan Magistrate | – Courts established in urban/metropolitan areas, typically in cities with a population over a certain threshold. Jurisdiction is over urban crime. | – Can pass sentences of imprisonment for up to three years, fines up to 50,000 rupees, or both, or community service for crimes occurring in urban areas. – Imprisonment up to 3 years, fines up to 50,000 rupees, or community service for urban-related offences. | Ex: Traffic violations, domestic violence, public nuisance, minor thefts, minor assaults, urban crimes. |
| Executive Magistrates | – Appointed by the State Government to handle administrative and public safety matters. – Includes roles like District Magistrate (DM), Sub-Divisional Magistrate (SDM), and Tehsildar. | – Focus on law and order, revenue, public safety, and administrative powers. – Can issue orders to maintain public order, like curfews, eviction notices, and managing public disputes. – Often deal with land disputes, property issues, and local administrative orders. | Ex: The District Magistrate orders a curfew in a district after violent protests break out. The Tehsildar resolves a local land dispute by issuing an order for the transfer of land ownership. |
| District Magistrate (DM) | – Appointed as the chief executive officer of a district by the State Government. | – Ensures law and order, manages revenue collection, and oversees public administration. – Has control over land revenue, dispute resolution, and public administration. – Can issue orders for evictions, land disputes, and public safety. | Ex: The District Magistrate orders the eviction of encroachers from government land and supervises land revenue collection in the district. |
| Chief Judicial Magistrate (CJM) | – Appointed by the High Court for overseeing Judicial Magistrates in a district. | – Handles moderately severe criminal offenses and supervises lower courts. – Has supervisory control over Judicial Magistrates and can review their work. – Can pass sentences except death, life imprisonment, or more than seven years imprisonment. Handles medium-severity offences like theft, assault. | Ex: The CJM oversees a fraud case and assigns it to the appropriate magistrate, ensuring all procedures are followed. |
| Sub-Divisional Magistrate (SDM) | – Appointed for each sub-division in a district. | – Handles administrative issues related to revenue, land disputes, and local matters. – Manages land disputes, revenue issues, and local law and order matters within their sub-division. – Can issue orders for the management of local safety and administrative duties. | Ex: The SDM resolves a land boundary dispute between two farmers and issues an order for land redistribution. |
