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    Judicial System of India - Hierarchy of Courts

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    The Indian judicial system has a hierarchical structure with the Supreme Court at the top, followed by High Courts in each state and union territory, and subordinate courts at the district and local levels. The Supreme Court has original, appellate and advisory jurisdiction and acts as the final interpreter of the constitution. High Courts have appellate jurisdiction over lower courts and original jurisdiction in certain matters. Subordinate courts' jurisdiction is based on subject matter, territory and amount in dispute.

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    Judicial System of India - Hierarchy of Courts

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    229 views10 pages
    The Indian judicial system has a hierarchical structure with the Supreme Court at the top, followed by High Courts in each state and union territory, and subordinate courts at the district and local levels. The Supreme Court has original, appellate and advisory jurisdiction and acts as the final interpreter of the constitution. High Courts have appellate jurisdiction over lower courts and original jurisdiction in certain matters. Subordinate courts' jurisdiction is based on subject matter, territory and amount in dispute.

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    The Indian judicial system has a hierarchical structure with the Supreme Court at the top, followed by High Courts in each state and union territory, and subordinate courts at the district and local levels. The Supreme Court has original, appellate and advisory jurisdiction and acts as the final interpreter of the constitution. High Courts have appellate jurisdiction over lower courts and original jurisdiction in certain matters. Subordinate courts' jurisdiction is based on subject matter, territory and amount in dispute.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    229 views10 pages

    Judicial System of India - Hierarchy of Courts

    Uploaded by

    Android app developer
    The Indian judicial system has a hierarchical structure with the Supreme Court at the top, followed by High Courts in each state and union territory, and subordinate courts at the district and local levels. The Supreme Court has original, appellate and advisory jurisdiction and acts as the final interpreter of the constitution. High Courts have appellate jurisdiction over lower courts and original jurisdiction in certain matters. Subordinate courts' jurisdiction is based on subject matter, territory and amount in dispute.

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    JUDICIAL SYSTEM OF INDIA: HIERARCHY OF

    COURTS AND JURISDICTION OF THE COURTS


    Diksha Sharma
    Judicial System in India
    • India has an integrated system of judiciary in view of a single
    Constitution. The judiciary in India acts as the custodian of the Indian
    Constitution and the protector of the Fundamental Rights. The Indian
    Judicial System is one of the oldest legal systems of the World.
    • The judicial system in India is integrated and pyramidal in structure with
    the Supreme Court at the top and the High Court and the other
    Subordinate Courts at the lower levels.
    • The adversarial litigation system is followed by the Indian Judicial
    System in which the impartial neutral party and both the sides present
    arguments before the Court of law.
    • The Common law system which is followed in England influenced the
    Indian Judicial System. The laws were developed by the judges through
    the judgements delivered by courts and these judgements were
    followed as precedents.
    • The specific feature of the Indian Judicial System is “judicial review”.
    The judicial review is the power given to the judiciary to determine the
    validity of law.
    • The Supreme Court with the judicial review through which
    it can declare any law as void when it is unconstitutional or
    in derogation with the Fundamental Rights. The power of
    judicial review is given to the High Courts also through
    which it can overrule the decisions of the lower courts.
    • The Constitution ensures the Independence of Judiciary
    which means that the other organs of the Government
    must not restrain the functioning of the judiciary in such a
    way that it would not be able to do justice.
    • Other organs of the Government should not interfere with
    its decision and judges must be able to perform their
    functions without fear or favour. The Constitution of India
    had granted rights to citizens to ensure equality and
    protects them from any partial judgment. The power to
    resolve disputes and to give judgments is based on the
    rules of law, is given to judiciary.
    Hierarchy of Indian Courts
    • The Indian Judiciary is the guardian of the Constitution of India. For
    a democracy like India to function effectively, it is imperative to
    have an impartial and independent judiciary. Considering the size of
    the country, the Indian judiciary is divided into several levels in
    order to decentralise and address matters at the grassroots levels.
    • The Indian Judiciary has a unified structure, the lowest and
    foremost court of law is the lower court, after which appeals can be
    made in the higher courts (High Court and Supreme Court). The
    jurisdiction of a particular court can be decided on 3 basis:
    Pecuniary, territorial, and Subject-matter. The following points
    denote the structure and Hierarchy of Courts in India.
    – Supreme Court (Highest Court of Appeal).
    – High Courts( Highest Court In States and UTs)
    – Lower/Subordinate courts in districts (District and Sessions Courts)
    • Subordinate Judges’ Court (Civil), Metropolitan Magistrate
    • Court of Sessions(Criminal)
    • Subordinate Magistrates’ Courts
    Hierarchy of Courts in India
    Supreme Court
    • The Supreme Court has original, exclusive, and appellate jurisdiction.
    • Article 32 of the Constitution gives an extensive original jurisdiction to
    the Supreme Court in regard to enforcement of Fundamental Rights.
    • Its exclusive original jurisdiction extends to any dispute between the
    Government of India and one or more States or between the
    Government of India and any State or States on one side and one or
    more States on the other or between two or more States, if and insofar
    as the dispute involves any question (whether of law or of fact) on
    which the existence or extent of a legal right depends.[Article 131]
    • The appellate jurisdiction of the Supreme Court can be invoked by a
    certificate granted by the High Court in respect of any judgment,
    decree or final order of a High Court in both civil and criminal cases,
    involving substantial questions of law or as to the interpretation of the
    Constitution.
    High Courts of India
    • The High Courts are the highest courts of appellate
    jurisdiction in each state and union territory of India.
    However, a High Court exercises its original civil and
    criminal jurisdiction only if the subordinate courts are
    not authorized by law to try such matters for lack of
    pecuniary, territorial jurisdiction.
    • High courts may also enjoy original jurisdiction in certain
    matters, if so designated especially by the constitution, a
    state or union law.
    • The work of most high courts primarily consists of
    appeals from lower courts and writ petitions in terms of
    Articles 226 and 227 of the constitution. Writ jurisdiction
    is also an original jurisdiction of a high court.
    • At present, there are 25 High Courts in India.
    Jurisdiction of Courts in India
    • The basis of structuring of district courts in India is mainly depending upon
    the discretion of the state governments or the union territories.
    • Normally these types of courts exercise their power of juridical service in
    district level.
    • Types of Jurisdiction in Civil Court -
    – Subject matter jurisdiction - Under this Court, the Civil Court has the authority
    to deal with the cases of a particular type and concerning a particular subject
    matter. For example- cases related to family matters can only be dealt with by
    the Family Courts and not by NCLT that specifically deals with company matters
    only.
    – Territorial Jurisdiction- When a court exercises its powers within its territory
    then it is called the territorial jurisdiction. This Court can decide within a
    geographical limit of the jurisdiction of the court and it can not exercise its
    powers outside the geographical limit. For example, Madhya Pradesh will have
    jurisdiction to decide matters arising within Madhya Pradesh only and not
    outside.
    – Pecuniary Jurisdiction - Under this jurisdiction, the Court has the authority to
    hear and decide the cases on the basis of the monetary value or the amount of
    the case or the suit in question.
    Types of Criminal Courts
    • The Criminal Procedure Code, 1973 states that there shall be four classes of criminal
    courts: Court of Session, Judicial Magistrate First Class, Judicial Magistrate Second
    Class, Executive Magistrate.
    • Court of Session - The State Government establishes the Sessions Court which has to be
    presided by a Judge appointed by the High Court. The High Court appoints Additional as
    well as Assistant Sessions Judges. The Court of Sessions ordinarily sits at such place or
    places as ordered by the High Court. The Assistant Sessions judges are answerable to the
    Sessions judge.
    • Court of Metropolitan Magistrate - They are established in Metropolitan areas. The High
    Courts have the power to appoint the presiding officers. The Metropolitan Magistrate
    shall be appointed as the Chief Metropolitan Magistrate. The Metropolitan Magistrate
    shall work under the instructions of the Sessions Judge.
    • Court of Judicial Magistrate –
    – The Judicial Magistrate: - In every district, which is not a metropolitan area, there
    shall be as many as Judicial Magistrates of first class and of second class. The
    presiding officers shall be appointed by the High Courts. Every Judicial Magistrate
    shall be subordinate to the Sessions Judge.
    – Chief Judicial Magistrate: - Except for the Metropolitan area, the Judicial Magistrate
    of the first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial
    Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.
    • Court of Executive Magistrate - The State Government in every district and metropolitan
    area can appoint as many Executive Magistrates as it may deem fit. One of them shall be
    District Magistrate (DM), another Additional District Magistrate (ADM) can be
    appointed. The Executive Magistrates shall look into administrative and executive cases.
    • Appellate Jurisdiction - Courts with higher
    authority have the power to exercise appellate
    jurisdiction. Under this jurisdiction, the court
    with higher authority can review the case that
    has already been decided by a lower court.
    • In our country, cases are brought in the form of
    appeal in the Supreme Court and the High Court,
    both these courts have the power of appellate
    jurisdiction. They have the power to overrule the
    decisions of the lower court.

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