Hierarchy of Courts.pptx

Judicial system in India
i. Hierarchy of Courts
ii. Jurisdiction of the Courts

In India, the three branches of the Government are the
legislature, the executive and the judiciary. India’s Constitution
envisages a division of powers and a system of checks and
balances.
The judiciary plays a critical role in ensuring that the legislature
and the executive do not exceed their Constitutional boundaries
and prevents them from the arbitrary exercise of powers.
The Constitution of India ensures that the judiciary remains
independent of the influence of the legislature and the
executive.

History of Judicial System in India
In ancient India, the lowest court was the family court starting from the family arbitrator
and the judge at the highest pedestal was the king. One of the primary duties of the
sovereign was the dispensation of justice, and in this process, the King was aided by his
counsellors and ministers.
As the civilization advanced and the duties of the King were delegated to the judges
who had knowledge of the Vedas. Justice was administered on the basis of ‘dharma’ or a
structure of rules specifying the responsibilities that an individual must fulfil in his life.
Customs served as a source of law.
This system continued till the Mughal period.
During the Mughal period, the office of Qazi was responsible for the dispensation of
justice. Every provincial capital and every large town had a Qazi. The Qazis held the trial
in the presence of the parties and were expected to write their legal documents very
carefully. The King was the highest court of appeal. This system of justice was replaced
by the British.

The British introduced the common law system in India and established
the Sadar Diwani Adalat. They were later followed by the establishment
of high courts. The first high court was established at Calcutta in 1862.
The high courts were also established in Madras and Bombay.
Subsequently, the federal court was established by the Government of
India Act, 1935 which had a wider jurisdiction than the high courts. Thus,
the present judicial system of India is based largely on the common law
system.

Functions of the Indian Judiciary
Upholding and interpreting the Constitution: The judiciary is responsible for
protecting and upholding the Constitution and its ideals. The courts interpret the
Constitution and strike down any law, ordinance, rule, or regulation which violates or
infringes the Constitutional provisions.
Resolving inter-state disputes: The Constitution of India lays down a federal structure
of governance. Thus, disputes between the states and the Union and the States are
inevitable. The judiciary, particularly the Supreme Court, plays a key role in resolving
such disputes.
Protection of Fundamental Rights: Part III of the Constitution confers certain
fundamental rights on citizens as well as non-citizens and legal as well as natural persons.
The judiciary ensures that these fundamental rights are not violated. If any act of the
legislature or the executive abridges these rights, then the Constitutional courts have the
power to issue writs.

Assistance in law-making: In several cases, the courts lay down guidelines which are
later incorporated in the statutes by the legislature. The courts often make suggestions to
the legislature to draft a new law or to modify or amend existing law in order to meet the
problems of contemporary society. The judiciary also provides an advisory opinion to
the President and resolves any doubts relating to the Constitutional provisions.

I. Hierarchy of courts
The Indian judiciary is divided into several levels in order to decentralize and address
matters at the grassroots levels. The basic structure is as follows:
1. Supreme Court: It is the Apex court of the country and was constituted on 28th
January 1950. It is the highest court of appeal and enjoys both original suits and appeals
of High Court judgments. The Supreme Court is comprised of the Chief Justice of
India and 30 other judges. Articles 124-147 of the Constitution of India lay down the
authority of the Supreme Court.
2. High Courts: High Courts are the highest judicial body at the State level. Article 214
lays down the authority of High Courts. There are 25 High Courts in India. High Courts
exercise civil or criminal jurisdiction only if the subordinate courts in the State are not
competent to try the matters. High Courts may even take appeals from lower courts.
High Court judges are appointed by the President of India upon consultation with the
Chief Justice of India, the Chief Justice of the High Court and the Governor of the
State.

3. District Courts: District Courts are established by the State Governments of India for every
district or group of districts based on the caseload and population density. District Courts are
under the direct administration of High Courts and are bound by High Court judgments. Every
district generally has two kinds of courts:
a. Civil Courts
b. Criminal Courts
4. Lok Adalats/Village Courts: these are subordinate courts at the village level which provide a
system for alternate dispute resolution in villages.
5. Tribunals: the Constitution provides the government with the power to set up special Tribunals
for the administration of specific matters such as tax cases, land cases, consumer cases etc.
Appellate jurisdiction refers to the authority of a court to rehear/review a case decided by a
lower court. In India, appellate jurisdiction is vested in both the Supreme Court and High Courts.
They may either overrule or uphold the judgments of lower courts.

II. Civil Courts
Civil courts provide remedies for civil wrongs committed by individuals
against other individuals and entities.
Civil matters range from property disputes to breaches of contract to
divorce cases.
Civil courts follow the principle of ubi jus ibi remedium (for every wrong
the law provides remedy). Unless expressly or impliedly barred by any
other law in force, civil courts have the jurisdiction to try all suits of civil
nature.
The Code of Civil Procedure (CPC) 1908 governs the procedures to be
followed by civil courts in administering civil cases in India.
As a matter of fact, every suit must be instituted before the court of
lowest jurisdiction (the Munsif court). Upon institution, it is decided
whether the respective court has competence to try the case.

◦ The Civil Court hierarchy in districts is as follows:
◦ 1. District Court: The court of district judges is the highest
civil court in a district. It exercises both judicial and
administrative functions. The District Judge combines the
powers of trying both civil and criminal cases. Hence, they
are designated the District and Sessions Judge.
◦ 2. Sub-judge Court : if the value of the subject-matter of
the suit is worth more than Rs. 1 lakh, the Sub-judge and
Additional Sub-judge courts may try the suit.
◦ 3. Additional Sub-judge Court : this is created based on
the case-load.
◦ 4. Munsif Court: if the value of the subject-matter of the
suit is worth Rs. 1 lakh or below, the Munsif court is
competent to try the suit.

II. Criminal Courts
The power of the various criminal courts is mentioned under the Code of Criminal Procedure
(CrPC).
According to Section 26 of the CrPC, any offence mentioned under the Indian Penal Code may be
tried by:
High Courts
Courts of Session
Any other Court as specified in the First Schedule of the Code of Criminal Procedure

IV. Judicial Authority of the Supreme Court
Articles 141 and 144 of the Constitution uphold the authority and jurisdiction given
to the Supreme Court to make decisions and uphold the law of the land.
These Articles give welfare judgments their binding force, ensuring that they are
appropriately enforced and implemented by the respective authorities.
They allow for the Supreme Court to issue directives and fill gaps in law until the
legislature steps in.

Article 141
Lays down that “the law declared by the Supreme Court shall be binding on all courts
within the territory of India.”
This Article embodies the English principle of stare decisis which holds that law must be
definite, fixed, known and consistent. Since the Supreme Court is the Apex court of the
country and all courts and tribunals are bound by its decisions, Supreme Court judgments
become a source of law in themselves.
The binding part is the operative part of the judgment or the ratio decidendi (“reason of
decision) determined after reading the judgment in its entirety. It is the general principle derived
from a judgment that is deduced by courts when deciding the case based on facts.
Mere observations, or the obiter dicta (“said by the way”), on the other hand, refer to those
parts of judicial decisions which are general observations of the judge in the case. Obiter dicta
have only persuasive value, not binding authority.

◦ Article 144
◦ Article 144 lays down that “all authorities, civil and judicial, in the territory of
India shall act in aid of the Supreme Court.”
◦ The Supreme Court has the power to hold any authority in contempt if they
disregard or disobey the order of the court.

V. Binding value of Judicial Precedents
Since India is a common law country, previously decided judgments of higher courts such as
the Supreme Court and High Courts are binding on subordinate and lower courts, i.e.,
subordinate courts are bound to follow the decisions and hold them to be the law. Precedents are
an important source of law in India. The binding value of different courts in the court hierarchy is
as follows:
1. Decisions of the Supreme Court are binding on all courts in India. The Supreme Court is not
bound by decisions of High Courts, lower courts or other judicial authorities.
2. Decisions of a High Court are binding on all inferior courts (as long as they don’t conflict with
Supreme Court decisions) within its jurisdiction but holds only persuasive value for courts outside
its jurisdiction. In case the decisions of the High Court conflict with the decisions of a similar
bench, the matter is referred to a higher bench.
3. Lower courts are bound by decisions of higher courts in their own states. Decisions by High
Courts of other states hold only persuasive value.

VI. Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is an effective tool to advance social justice in India.
Borrowed from the American tradition of Social Action Litigation, PILs have been
widely used in India to advance the causes of disadvantaged and marginalized
communities.
The general rule to bring a cause of action in court is the rule of locus standi i.e.
the party must possess sufficient connection or suffer particular harm in order to
be a party to the case.
In PILs, this rule is relaxed considerably as any citizen of India may bring an
action in court to reduce a wrong if there has been a breach of Fundamental Rights.
PILs are an effective tool in the furtherance of animal protection by allowing animal
rights groups and activists to file PILs at the Supreme Court and give a voice to the
voiceless.

ii. Jurisdiction of the Courts

The Supreme Court
India has a federal structure of governance and the Supreme Court of India is the federal court.
Articles 124 to 147 of the Constitution (Part V) deal with the functions, powers and jurisdiction of
the Apex Court.
Historical perspective
The Regulating Act of 1773 established the Court at Calcutta. Similar courts were established at
Madras and Bombay in 1800 and 1823 respectively.
The Supreme Court of India is based on the Federal Court of India which was established by
virtue of the Government of India Act, 1935.
However, it differs from the Federal Court in the sense that appeals from the Federal Court
could be made to the Privy Council, whereas the Supreme Court of India is the highest
court of appeal and no appeal can be made against its order before any other court.
The Supreme Court has been conferred with the jurisdiction as well as powers of both the
Federal Court as well as Privy Council. The court started functioning on 28th January, 1950.

Appointment of Judges of the Supreme Court
Article 124 & 124 A of the Constitution lays down the procedure for the appointment of the
judges of the Supreme Court.
• Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand
and seal.
• In judicial appointments, it is obligatory for the President to take into account the opinion of the CJI.
• The opinion of the CJI is binding on the Government. The opinion of the CJI must be formed after due
consultation with a collegium of at least four senior-most judges of the Supreme Court.
Article 124 A amendment has been struck down by the Supreme Court’s order
dated 16th October, 2015 in the Supreme Court Advocates’ on Record
Association Vs. Union of India.
Collegium system of appointment is followed.

Jurisdiction of the Supreme Court
The Supreme Court has original, appellate as well as advisory jurisdiction.
1. Original Jurisdiction: Article 131 provides the original jurisdiction of the Supreme Court.
The original jurisdiction of the court extends to the disputes between the Union and the
States and disputes between two or more States.
The original jurisdiction of the Indian Supreme Court, on the other hand, extends to only legal
and not private persons.
The only instance where a private person can directly approach the Apex Court is for enforcing
any of the fundamental rights of the individual.

In the landmark case of State of Karnataka v. Union of India (1977), the Notification of the
Central Government established the Commission of Inquiry to inquire into charges of corruption
against the Chief Minister of Karnataka and it was challenged by the State Government under
Article 131.
The Court had to determine whether the said notification could be challenged under Article 131.
The Central Government contended that since no legal rights of the State were affected, the
petition was not maintainable.
The Court held that where the Members of Parliament and the members of State Legislature
differently interpret any provision of the Constitution, the dispute can be raised before the Court
under Article 131.

2. Appellate Jurisdiction: The Supreme Court has very wide appellate jurisdiction. Appeals can
be made before the Apex Court where the matter involves a substantial question of law.
The Constitutional Bench of the Supreme Court, in the case of Sir Chunilal V. Mehta and sons Ltd.
v. Century Spinning and Manufacturing Co. (1962), laid down what would constitute a substantial
question of law.
The court held that if the question is regarded to be of public importance or is deemed to
affect the parties’ rights in a substantial manner and if neither the question nor the
principles to be applied for its determination have been settled finally by the court, then it
would be considered to be a substantial question of law.

Article 132(1) empowers the Supreme Court to allow appeals against any judgment, order or
decree from the high court if the matter is certified to involve a substantial question of law by the
high court under Article 134A.
In civil cases, appeals can be made before the Apex Court under Article 133(1) subsequent to the
high court’s sanction.
Similarly, in criminal cases Art 134, an appeal can be made before the Apex Court with
the prior certification of the high court or
where the accused is sentenced to death by the high court in the reversal of his acquittal
or
where the high court sentences a person to death after withdrawing the case from a
subordinate court.
Special Leave Petition [Article 136(1)].

3. Advisory Jurisdiction: The Supreme Court is also empowered to give its advisory opinion on
any matter referred by the President under Article 143(1).
The President can seek the advisory opinion on any question of law or fact in the nature of public
importance.
The advisory opinion of the court is not binding on the government. In the case of In Re:
The Special Courts Bill (1978), a private member Bill was introduced in the Parliament for
setting up Special Courts for the purpose of deciding cases involving offences committed by
public officers during emergencies.
The President sought the opinion of the court regarding the constitutionality of the Bill. The
court held that the Parliament was empowered to establish such courts.
However, the court held that the opinion was not binding on the parties. The opinion of the court
has significant judicial importance and will not bind the parties.

4. Review Jurisdiction: Under Article 137, the Supreme Court is empowered to review any of its
previous judgments.
-
It is pertinent to note that Article 262 empowers the Parliament to confer or deprive, by law, the
Apex Court of the jurisdiction in respect of matters relating to control, operation or distribution
of inter-state river waters.
The jurisdiction of the Supreme Court can be extended by the Parliament by virtue of Article 138.

Functions of the Supreme Court
• It is responsible for interpreting the provisions of the Constitution. If any Central or State law
is found to be contravening or violating any of the Constitutional provisions or if any law
infringes the fundamental rights conferred by the Constitution, then the Supreme Court can
strike down such law and declare it to be unconstitutional.
• The Supreme Court frames guidelines and rules and lays down the procedure for its own
functioning.
• The Supreme Court is responsible for protecting and upholding the fundamental rights of the
citizens. The court can issue writs under Article 32 for enforcing the rights of the citizens.
• The Supreme court is responsible for the protection and upholding of the integrity of the
entire judicial system and can punish those for contempt who make derogatory comments
against the judiciary.
• It resolves the disputes between the Union and the States as well as between two or more
states.
• It is the highest court of appeal. It hears appeals against the judgments of the subordinate
courts and tribunals and gives final judgments on the matters.
• Article 141 provides that the subordinate courts would be bound by the law laid down by the
Apex Court.
SVKM’s NMIMS Deemed to be UNIVERSITY School of Law

High Courts
The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian Constitution talk
about the High Courts, their organisation and powers.
The Constitution provides for a High Court in each State under Article 214.
However, the Parliament is empowered to establish a common high court, by law, for two or
more states. For example, the high court of Punjab and Haryana has jurisdiction over both Punjab
as well as Haryana, Guwahati High Court.

Appointment of judges of High Courts
The judges of High Court are appointed by the President. In the case of the Chief Justice of the
high court, the appointment is made by the President after consulting the Chief Justice of India
and the Governor of the concerned State.
With respect to other judges of the high court, the President is required to consult the Chief
Justice of the concerned high court.

In the landmark case of S.P. Gupta and Others v. Union of India (1981), it was held by the Apex
Court that the opinion of all the three authorities, that is, the Chief Justice of India, the concerned
high courts respectively, and the Governor of the State are equally important and the opinion of
one does not have primacy over the other. Furthermore, the court, while noting the examples of
Australia and New Zealand, recommended the constitution of a Judicial Commission for the
recommendation of the appointment of judges to the high courts.
The Constitution (Ninety-Ninth Amendment) Act, 2014 provided for the appointment of judges
on the recommendation National Judicial Appointments Commission and attempted to do away
with the requirement of consulting the Chief Justice.
However, in the case of Supreme Court Advocate on Record Association v. Union of India (1993), the
Amendment was declared to be unconstitutional.

Functions of a High Court
• It controls the functioning of the subordinate courts and issues rules and guidelines for their
functioning.
• The high court hears appeals against the judgment and orders of the subordinate courts.
• The high court is empowered to issue writs to safeguard the fundamental rights of individuals.
• The high courts have the power of judicial review and can declare a law to be void if it is found
to be in contravention of the provisions of the Constitution.
• If a matter before the subordinate court involves a substantial question of law, then the high
court is empowered to withdraw the matter and hear the matter.

Jurisdiction of a High Court
The high court exercises jurisdiction over the territorial limits of the concerned State.
Original jurisdiction: The high court has original jurisdiction in matters relating to the enforcement of
fundamental rights, certain revenue matters and election to the State Legislature. The high court has the
power to punish for its contempt under Article 215.
Appellate jurisdiction: The high courts have appellate jurisdiction with reference to both civil and
criminal matters. Where the accused is sentenced to 7 years of imprisonment or more or to the death
penalty by the sessions court, an appeal can be made before the high court. Furthermore, cases
involving substantial questions of law can be appealed before the high courts.
Writ jurisdiction: Article 226 of the Constitution empowers the high courts to issue writs for the
enforcement of the rights of individuals.
Supervisory jurisdiction: Article 227 of the Constitution confers supervisory jurisdiction on the high
courts. The high court exercises superintendence over all such courts and tribunals that are established
within its territorial jurisdiction.
Review jurisdiction: Article 226 confers the review jurisdiction on the high courts and empowers them
to review their own judgments and orders. The high courts entertain a review petition when there has
been material error resulting in miscarriage of justice or where there has been a flagrant procedural
error.

Subordinate Courts
The district courts are established by the State Government. They may be established for an
individual district or a group of districts. The high court is responsible for supervising the
administration of the District courts. There are primarily two types of District courts:
Criminal courts, and Civil courts.
The civil courts adjudicate disputes relating to matters such as agreements, rent and divorce. These
cases are decided on the basis of the procedure laid down by the Code of Civil Procedure, 1908.
The criminal courts decide cases concerning the violation of law and which are filed by the state.
These cases include dacoity, murder, etc. The working of the criminal codes is governed by the
procedure laid down by the Code of Criminal Procedure, 1973.
It is pertinent to note that the district courts while dealing with criminal matters, are referred to as
session courts.

Any person aggrieved by the order of the district court can prefer an appeal before the high court.
Below the district court, there are various other subordinate courts such as the Court of
Additional District Judge, Court of Judicial Magistrate of Ist Class, Court of Judicial Magistrate of
IInd Class, etc. The largest number of cases are disposed of at this level.
The trial and recording of evidence also take place at this level.

Appointments and composition
The district courts are presided over by a district judge who is appointed by the Governor of the
State.
The Governor appoints the district judge after consulting the concerned high court.
The Additional District Judge may also be appointed subject to the workload.
Other judicial officers are appointed by the State Public Service Commission.

Tribunal
Various special tribunals are set up by the government for dealing with specific matters such as
taxes, land disputes, etc. The Tribunals provide expeditious justice and are usually established when
there are several pending matters relating to a particular subject matter pending before the
traditional courts. Thus, these tribunals help in reducing the burden of the traditional courts.
Article 323A of the Constitution empowers the Parliament to establish Central as well as State-
level administrative tribunals which adjudicate on matters relating to the recruitment and service
of public servants.
Article 323B provides a list of subject matters for which the Tribunals may be established by the
Union Parliament or the State Legislatures. It includes tax, labour disputes, elections, land reforms,
etc.
In the landmark case of Union of India v. R. Gandhi and Ors. (2010), it was held that the list of
matters provided in Section 323B is not intended to restrict the legislature from establishing
tribunals for adjudicating any other matters. The list is not exhaustive and the legislature can
establish Tribunals pertaining to any matter provided in the Seventh Schedule.

Nyay Panchayats
The Nyay Panchayats are established at the village level and are aimed at providing cheap and
expeditious justice.
They are based on the direction provided by Article 40 which states that the State must take steps
to empower the panchayats.
The 73rd Constitutional Amendment conferred Constitutional status on the panchayats. These
Nyay Panchayats adjudicate on minor offences such as wrongful restraint or theft. While these
Panchayats enjoy both civil as well as criminal jurisdiction, the pecuniary jurisdiction of these
judicial constituents is very low.
The Panches are appointed by the adult people of the village itself. Furthermore, since the posts
are honorary, the members do not receive any salary. The minimum age of the members of Nyay
Panchayat is 30 years.
The Ashok Mehta Committee which was constituted in 1977 made certain recommendations for
the reformation of the Nyay Panchayats. It suggested that the government should form a special
cadre for judges of the Nyay Panchayat. The civil jurisdiction of the Nyay Panchayats should be
broadened and their criminal jurisdiction should be equivalent to a judicial magistrate of 1st class.
The provisions of the Code of Civil Procedure, 1908 as well as the provision of the Indian
Evidence Act, 1872 should not apply to the proceedings of a Nyay Panchayat. However, the
recommendations of the Committee have not been implemented.

Lok Adalat
Unlike the Nyay Panchayat, the Lok Adalats do not adjudicate disputes, rather, they aim at
resolving disputes through mediation and arbitration. The Lok Adalats are also known as the
‘People’s Court’. The Lok Adalats consist of judicial officers, retired and serving, and such other
persons as prescribed by the Central Government.
Legal Services Authorities Act, 1987, Chapter VI of the Act expressly deals with the organization
of Lok Adalats. Section 21 of the Act provides that the award made by a Lok Adalat is deemed to
be a decree of a civil court. Furthermore, such an award is binding on the parties to the dispute.
The parties may either agree to refer the matter to the Lok Adalat or one of the parties may apply
before the Lok Adalat or the matter may be referred to the Lok Adalat by the court.
Section 20 provides that a Lok Adalat while discharging its duties, must observe the principles of
“justice, equity, fair play and other legal principles“.

Hurdles in the judicial system
The judicial system in India is currently facing several hurdles. Some of them are:
• The constitutional courts, that is, the Supreme Court and the high courts are overburdened
with the caseload. This results in enormous delays in justice and sometimes, litigation continues
for decades.
• Litigation is a costly affair and in several instances, the common people are forced to forgo
their rights and claims as they are unable to afford the legal proceedings.
• The judiciary lacks the infrastructure to properly deal with the huge caseload. The judicial
complexes are overcrowded and several Courts have a shortage of digital infrastructure.
• Several British-era laws have become obsolete and need to be amended and modified or
repealed.
• The caseload before the subordinate courts is also huge and resultantly frequent adjournments
are granted by the courts which results in delays.
• The undertrial prisoners languish in jails for years while their cases are pending.
The ratio of judges to people is very low and there is a need to improve this ratio.

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