Hierarchy of Courts in India: Structure of the Judicial System

Introduction

The hierarchy of courts in India are elaborated in the Constitution of India. A well-structured legal framework serves as the safeguard of justice and the protector of fundamental rights. Over the years, the Constitution of India has undergone multiple amendments and incorporated changes with the development to ensure accessibility, accountability, and fairness. 

It is not only important for lawyers and advocates to understand the hierarchy of courts in India but also for all the citizens seeking justice. Every court has distinct powers, functions, and jurisdictions to ensure proper functioning of the system and citizens don’t face any challenges when applying for seeking justice. Such division of power and authorities ensure that none of the disputes goes unheard and every matter can be adjudicated within appropriate time. 

As one of the best law firms in Bangalore, we believe every client should understand how the court system functions in India. 

 

Constitutional Framework of the Judiciary

The framework and the working mechanism of the judiciary is provided under the Constitution of India. It is considered an independent branch of government that ensures the working of the judiciary and that the legal provisions are implemented properly. 

The judiciary works independently of the legislature and the executive. There is an independent procedure followed for the appointment of judges. The courts have also been given the power to hold such laws unconstitutional which violate the fundamental rights of the citizens and are against the sovereign integrity and fairness. Further, the Supreme Court acts as a guardian and protector of the Union and the State laws. 

Under the Constitution of India, the judiciary follows the doctrine of separation of powers. The legislature is responsible for making the laws and the executive has been given the task to implement such laws while the judiciary has the duty to ensure that all the laws are complied with and that justice is granted. 

There exists division of powers between the legislature, the executive and the judiciary to prevent one of the branches from becoming more powerful. This doctrine also establishes the principle of checks and balances where every branch keeps a check on the working of the other branches and ensures that none of the branches exceed the power they have been provided with. 

 

Hierarchy of the Indian Courts

The hierarchy of courts in India follow a pyramidical structure, with the Supreme Court being the apex court of the country with the final authority. The High Courts are established at the state and union territory level whereas the subordinate courts are established at a level lower than the high courts which includes district courts, sessions courts, magistrate courts, and the other tribunals. 

1. Supreme Court of India- The Apex Court:

Article 124 of the IndianConstitution establishes the Supreme Court of India and provides the composition of the Supreme court. It also provides the procedure and the tenure of the judges of the apex court. The Supreme Court plays a pivotal role in protecting constitutional rights, including the right to vote in India.

 

Roles and Powers of the Supreme Court

• The Supreme Court acts as a guardian and protector of the Constitution India and ensures that the provisions of the Constitution are followed. 

• It ensures that the fundamental rights of the citizens are protected under Part III of the Constitution. 

• It makes such laws unconstitutional that violates fundamental rights and are inconsistent with the Constitution.

• It has the highest authority and has the final say in the adjudication of a matter. 

 

Jurisdiction of the Supreme Court

• Original Jurisdiction- It is granted under Article 131 of the Indian Constitution which extends the court with the power to try certain matters at the first instance. 

• Appellate Jurisdiction- The apex court is the primary court of appeal and most of the matters that apex court deals with comes under their appellate jurisdiction. The apex court has the power to hear the matters in appeal that are already adjudicated by the lower courts. The court’s appellate jurisdiction is wider than its original jurisdiction. 

• Advisory Jurisdiction- The Supreme Court has the power under Article 143 to provide suggestions to the President when they seek opinion of the court regarding any question of law or fact that is of public importance. 

 

2. High Courts in India:

Article 214 of the Indian Constitution provides that each state shall have a High Court of their own. The High Court of each state is headed by their respective chief justice. The judges are appointed by the President in consultation with the CJI and the Governor of the state. 

 

Roles and Powers of the High Court

• It makes sure that the state laws are in consonance with the Constitution.

• The judgments given by the high court are binding on the lower courts within the state jurisdiction. 

 

Jurisdiction of the High Courts

• Writ Jurisdiction- The high courts have the power to issue writs on both fundamental rights and legal rights. It has broader scope than the Supreme Court’s writ jurisdiction. 

• Appellate Jurisdiction- The high courts have the power to hear the matters in appeal that are already adjudicated by the subordinate courts in their jurisdiction. 

• Original Jurisdiction- The courts have the authority to hear matters related to matrimonial disputes and election petitions at first instance. 

3. Subordinate Courts

Subordinate courts are the base of the hierarchy of the courts in the country. It provides the structure for civil and criminal matters. 

District Courts- it is headed by a District judge in civil matters and Sessions judge in criminal matters. An appeal can be made from the decision given by the district courts in the high court. 

Sessions Courts and Magistrate Courts- Sessions court handles matters related to criminal offences while magistrate courts handle less serious criminal cases, preliminary inquiries, and granting of bail. 

 

4. Special Courts and Tribunals:

To address some specific matters, special courts and tribunals are established. 

• Family Courts- These courts are set up to deal with cases related to family matters such as matrimonial disputes, divorce, maintenance, and child custody. The main aim of these courts is to provide speedy and family-sensitive resolution.

• Consumer Courts- These courts are established under the Consumer Protection Act of 2019 to handle complaints relating to unfair trade practices, and other consumer complaints related to defective products. 

• Labour Courts and Tribunals- These tribunals adjudicate disputes between the employer and employees. It includes labour courts, industrial tribunals, and national tribunals. 

 

Flow of the Appeals in the Indian Judicial System

An appeal is filed when the individual is not happy with the decision given by the court, then they file an appeal in the higher court. Generally, the cases shift from the lower court level to the higher court level. 

The movement of a case from the lower courts to the high courts and then to the Supreme Court depends on the various factors such as subject-matter of the case, pecuniary limit of the case, and many more. 

In civil matters, which usually begin in the District court, then goes to the high court in appeal, and finally to the Supreme Court. 

In criminal matters, the case begins either at the magistrate level when the offense is less serious in nature or at the sessions court when the offense is serious in nature. 

 

Why Understanding Judicial Hierarchy Matters

It is important for lawyers, litigants, and every citizen of the country to know how crucial it is to follow the hierarchy of courts in India. The following are the benefits to understand the judicial hierarchy in the country:

1. There is clarity on jurisdiction of the court and knowing which court to approach saves from unnecessary delay.
2. Proper strategies can be made depending on the hierarchy of the court.
3. The litigants will be aware of the remedies they can seek if dissatisfied with the decision of the court.
4. There is efficient representation in the court which saves cost and time of the parties and the lawyers as well.

If you are seeking guidance, reach out to the best lawyers in Bangalore for expert support. 

 

Conclusion

The Indian judiciary has a well-layered structure, ensuring less confusion and making it more accessible. From the lower level courts to the apex level court, hierarchy of judiciary is crucial to resolve disputes between the parties. 

The Supreme court acts as the guardian of the Constitution of India and has the final authority in any matter. On the other hand, the high courts of each state are the highest authority at the state level, ensuring fairness and correcting errors from subordinate courts. 

A clear understanding of the hierarchy of courts in India empowers the citizens while also maintaining their faith in the legal system. However, navigating this complex hierarchy can often be challenging without expert legal guidance. Knowing which court to approach, when to appeal, and how to frame your case is as important as the merits of the case itself. 

The legal proceedings are highly procedural, and a well-prepared lawyer ensures that the case is presented effectively at every stage of appeal. Contact our law firm in Bangalore to schedule a consultation today.