Indian Judicial System and Hierarchy of Courts in India - Law Insider India

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Indian Judicial system and Hierarchy

of Courts in India - Law Insider India
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23-29 minutes
The legal System in India follows the common law model prevalent
in the countries which were at one time under British Rule. The
jurisprudence followed in India is almost the same as the one
prevalent in England, though it has been cross- fertilized by Indian
traditions and values.
The Constitution of India has set up three branches of the

State:
1. The legislature (make laws)
2. The executive (proper execution of laws made on ground

level)
3. The judiciary (look after the implementation and disputes

regarding law made)
The judiciary is invested with the power to ensure that all organs of
the Constitution act within their Constitutional limits. It is also the
sole interpreter of the Constitution and the sole arbiter in all
constitutional disputes.
India follows adversary system of judicial procedure. This means
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that the judge acts as a neutral arbiter upholding the balance

between the contending rivals without actively taking part in
forensic debates in the court.
Judicial Independence is one of the basic features of the Indian

Constitution and the courts jealously guard it. No incursion into the
judicial arena by the executive or legislative, except as authorized
by the Constitution, would ever be tolerated by courts.
Even the appointment of judges to the High Courts and Supreme

Courts has been taken over by the judges by creative
interpretation of the Constitutional provisions.
The Doctrine of Judicial Review of legislative and executive acts is

another immutable value of Indian legal system. It goes hand in
hand with the doctrine of independence of judiciary.
The judiciary occupies an important place in the Indian Federal

System. The constitution divided their jurisdictions into three lists:
the Union list, the State list, the Concurrent list. However, there is
always a possibility of disputes between the central and state
government or between state governments. The judiciary plays
crucial role in such situations.
The Constitution of India lays down that judiciary would resolve

disputes between the Center and State government or between
the States. Moreover, judiciary is also responsible for ensuring that
the rights of citizens are protected and the powers of government
do not cross the limit prescribed or irrational decisions are not
enforced.
An independent judicial set up is must for any Federation. It

ensures, on one hand authentic interpretation of the Constitution
and on the other, it resolves disputes, Constitutional or otherwise
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between Union and a unit or Units of federation. India has a single,

unified system for the entire country.
HIERACHY SNAPSHOT OF INDIAN JUDICIARY
The Constitution of India provides for a single integrated judicial

system. India does not have separate State courts. The structure
of judiciary in India is pyramidal with the Supreme Court at the top.
High Courts below them and district and subordinate courts at

lowest level. The lower courts function under the direct
superintendence of the higher courts. Functions and jurisdiction of
each court depend upon its judicial and structural hierarchy. The
chart below shows the hierarchy of judiciary:
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With the hierarchy from top level to bottom level, the jurisdiction
and capability of punishment changes at every level and in every
court.
SUPREME COURT
The Supreme court of India was inaugurated on January 28, 1950.

It has replaced the British Privy Council as the highest court of
appeal. Articles 124 to 147 in part V of the Constitution deals with
the organization, independence, jurisdiction, powers, procedures
and so on of the Supreme Court.
At present, it consists of 31 judges (1 chief justice and 30 other

judges). Originally the strength of supreme court was fixed at 8 (1
chief justice and 7 other judges).
The constitution declares Delhi as the seat of the Supreme Court

but, also authorizes the Chief Justice of India to appoint other
place or places as seat of supreme court. (only with the approval
of president). No court can give any direction either to President or
Chief Justice to appoint any other Place as the seat of Supreme
Court.
Supreme Court is the apex court and the decisions of supreme

court are binding upon all other subordinate courts over the
country. It has been assigned a very significant role in Indian
democratic political system.
It is a federal court, highest court of appeal, the guarantor of
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fundamental rights and guardian of the Constitution. Therefore, its

independence becomes very essential for effective discharge of
duties.
Supreme Court should be free from the encroachments, pressure

and interferences of executive and legislature. Justice without fear
or favour. Provisions made to safeguard the independence of
supreme court are as follows:
1. Mode of Appointment- judges appointed by president with

consultation of judicial members.
2. Security of Tenure- judges can be removed by president only in

manner on grounds mentioned in Constitution.
3. Fixed Service Conditions- salaries, allowances, leave, pension of

judges determined time to time by parliament.
4. Expenses Charged on Consolidated Fund- salaries, allowances

and others are charged on consolidated fund of India.
5. Conduct of Judges Cannot be Discussed- prohibits discussions in

parliament or state legislature.
6. Ban on Practice After Retirement.
7. Power to Punish for its Contempt- to maintain authority, dignity and

honour.
8. Freedom to Appoint its Staff
9. Its Jurisdiction Cannot be Curtailed- parliament cannot curtail any

jurisdiction of supreme court.
10. Separation from Executive- executive authorities should not

possess judicial powers.
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JURISDICTION AND POWERS OF SUPREME

COURT
Constitution has conferred a very extensive jurisdiction and vast

powers on Supreme Court. It is the final court of appeal. Alladi
Krishnaswamy Ayyar a member of drafting committee of
Constitution remarked “supreme court of India have is powerful
more than any of supreme court of the world.”
Jurisdiction of supreme court is classified as follows:
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ORIGINAL JURISDICTION
Supreme court decides the disputes between different units of the

Indian Federation. Any dispute between; the centre and 1 or more
states; the centre and any state or states on one side and 1 or
more states on other side; or between 2 or more states.
Exclusive means authority to determine a case which no other

court can hear or determine and original means authority to hear
and determine the case in first instance
With regards to exclusive original jurisdiction [Article 131] two

points are to kept into consideration:
1. The dispute must involve a question (whether a fact or a law)
2. Any suit brought by private citizen against centre or state cannot

be entertained under this. Further disputes excluded.
Article 131 does not include treaty, agreement, covenant etc.

executed before the commencement of constitution.
Parliament may by law exclude jurisdiction of supreme court in

state disputes on use, distribution or control of waters of any inter
State river- Article 262
WRIT JURISDICTION
The constitution has constituted the supreme court as the

guarantor of fundamental rights of the citizens. Article 32 [right to
constitutional remedies] ensures the same. The supreme court is
empowered to issue writs including Habeas Corpus (to have body
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of), Mandamus (we command), Prohibition (to forbid), Certiorari (to

be certified or informed), Quo- Warranto (by what authority or
warrant) for the enforcement of the fundamental rights of a citizen.
However, the writ jurisdiction of supreme court is not exclusive.
High courts are also empowered to issue writs for the same
purpose. Also, the writ jurisdiction of supreme court is lower than
the writ jurisdiction of high court. High court have the power to
issue writ not only for fundamental rights but for other purposes
too.
Supreme court can issue writ only for the violation of fundamental
rights of a citizen.
APPELLATE JURISDICTION
The supreme court is primarily a court of appeals and hears

appeals against the judgement of lower courts. It enjoys a wide
appellate jurisdiction which can be classified under four heads.
1. Appeals in constitutional matters: appeal can be against the

decision of high court if the high court certifies that the case
involves a substantial question of law that requires interpretation of
constitution, on the grounds of it has been wrongly decided.
2. Appeals in civil matters: an appeal lies from any judgement of a

high court if the high court certifies- i) case involves question of
law of general importance.
ii) question needs to be decided by supreme court.
1. Criminal matters: appeals against the judgment of criminal

proceeding in high court is heard if the high court: i) has on appeal
reversed an order of acquittal of an accused and sentenced him to
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death.
1. has taken before any case from any subordinate court and
convicted the accused person and sentenced to death.
2. certifies that the case is a fit one for the appeal of supreme court.
2. Appeal by special leave: authorized to grant on its discretion

special leave to appeal from any judgement in matter passed by
the court or tribunal in the country (except military tribunal and
court martial). It is a discretionary power and hence, cannot be
claimed as a matter of right. It can be granted in any judgement
whether final or interlocutory. It may be related to any matter and
can be granted against any court or tribunal and not necessarily
against a high court. Thus, the scope of provision is very wide and
vests in supreme court with a plenary jurisdiction.
ADVISORY JURISDCITION
Article 143 of Indian Constitution authorizes president to seek the

opinion of supreme court in the two categories of matters:
In both the cases, the opinion expressed by the supreme court is

only advisory and not a judicial pronouncement. Hence, it is not
binding on the president. It facilitates the government to have an
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authoritative legal opinion on a matter to be decided by it.

President has made 15 references to the supreme court. Also
known as consultative jurisdiction.
A COURT OF RECORD
Supreme court has two powers:
Contempt of court maybe civil or criminal. Civil contempt means

wilful disobedience to any judgement, order, writ or other process
of a court or wilful breach of an undertaking given to a court.
Criminal contempt means the publication of any matter or doing
any act which- i) scandalizes or lowers the authority of court or; ii)
prejudices or interferes with the due course of judicial proceedings;
iii) interferes or obstructs the administration of justice in any other
manner.
POWER OF JUDICIAL REVIEW
Power of supreme court to examine the constitutionality of

legislative enactments and executive orders of both the central
and state governments. On examination, if they are found to be
violative of the constitution [ultra-vires], they can be declared as
illegal, unconstitutional and invalid [null & void] by supreme court.
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Consequently, they cannot be enforced by government.
OTHER POWERS
1. Decides the disputes regarding the election of president and vice-

president.
2. Enquires into the conduct and behavior of the chairman and

members of Union Public Service Commission.
3. Review its own judgement or order.
4. Authorized to withdraw the cases pending before high courts and

dispose them itself.
5. Its law binding on all courts in India.
6. Power of judicial superintendence and control all over courts and

tribunals functioning in country.
HIGH COURT
The institution of high court originated in India in 1862 when the

high courts were set up at Calcutta, Bombay, Madras. In 1866, a
fourth high court was established at Allahabad. After 1950, a high
court existing in a province became the high court for the
corresponding state. The constitution of India
provides for a high court of each state, but the 7th amendment act
of 1956 authorized the parliament to establish a common high
court for 2 or more states and a union territory. Territorial
jurisdiction of a high court is co-terminus with the territory of a
state.
Articles 214 to 231 in part VI of the constitution deal with
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organization, independence, jurisdiction, powers, procedures and

so on of high court. Every high court consists of a chief justice and
such other judges as the president may from time to time deem
necessary to appoint.
Independence of high court is very essential for the effective

discharge of the duties assigned to it. Following provisions are
made by constitution to safeguard impartial functioning:
1. Mode of appointment: by president
2. Security of tenure
3. Fixed Service Conditions
4. Expenses charged on consolidated Fund
5. Conduct of judges cannot be discussed
6. Ban on practice after retirement
7. Power to punish for contempt
8. Freedom to appoint its staff
9. Its jurisdiction cannot be curtailed
10. Separation from executive
JURISDICTION AND POWERS OF HIGH COURT
High court is the highest court of appeal in the state. It is the

protector of fundamental rights and has power to interpret the
constitution. Besides, it has supervisory and consultative roles.
Constitution only lays down that the jurisdiction and powers of a

high court are to be same as immediately before the
commencement of constitution. High court have jurisdiction over
revenue matters. At present, a high court enjoys the following
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jurisdiction and powers:
ORIGINAL JURISDICTION
It means the power of high court to hear disputes in the first

instance, not by the way of appeal. It extends to the following:
1. Matters of admirality, will, marriage, divorce, company laws and

contempt of law.
2. Disputes relating to the election of members of parliament.
3. Regarding revenue matter.
4. Enforcement of fundamental rights of citizens.
5. Cases ordered to be transferred from subordinate courts.
6. 4 high courts have original civil jurisdiction in cases of higher

value.
WRIT JURISDICTION
Article 226 of Indian Constitution empowers a high court to issue

writs including habeas corpus, mandamus, certiorari, prohibition
and quo-warranto for fundamental rights and for any other
purpose. (enforcement of any ordinary legal right).
High court can issue writ to any person, authority and government
not only within its territorial jurisdiction but also outside of its
territorial jurisdiction if the cause of action arises within its territorial
jurisdiction.
The writ jurisdiction of high court is not exclusive but concurrent
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with the writ jurisdiction of supreme court. Also, the writ jurisdiction
of high court is wider than that of supreme court
APPELLATE JURISDICTION
High court hears appeal against the judgement of subordinate

courts functioning in its territorial jurisdiction. It has appellate
jurisdiction in both CIVIL and CRIMINAL CASES.
In civil matters, 4 types of appeals can be made;
SUPERVISORY JURISDICTION
A high court has the power of superintendence over the courts and
tribunals functioning in its territorial jurisdiction (except military
courts or tribunals). Thus, it may –
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1. Call for returns from them
2. Make and issue, general rules and prescribe forms for regulating
the practice and proceedings of them.
3. Prescribe forms in which books, entries and accounts are to be

kept by them.
4. Settle the fees payable to the sheriff, clerks, officers and legal
practitioners of them.
This power of high court is very broad as it extends to all courts

and tribunals whether they are subject to appellate jurisdiction of
high court or not, it also covers judicial superintendence with
administrative one and is a revisional jurisdiction. It can be suo-
motu (on its own).
However, this power does not vest with unlimited authority and has
to be used only in appropriate cases.
CONTROL OVER SUBORDINATE COURTS
High court of a state has an administrative control and other

powers over subordinate courts. It includes the following:
1. It is consulted by the governor in the matters of appointment,

posting, promotion of district judges.
2. It deals with the matter of posting, promotion, grant of leave,

transfers and discipline of the members of judicial service of the
state.
3. It can withdraw a case pending in subordinate court if it involves

question of law.
4. Its law is binding on all subordinate courts functioning within its
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territorial jurisdiction.
A COURT OF RECORD
As a court of record, high court has 2 powers:
POWER OF JUDICIAL REVIEW
Power of a high court to examine the constitutionality of legislative

enactments and executive orders of both the central and state
governments. On examination, if found to violative to constitution
they can be declared as illegal, unconstitutional and invalid by the
high court.
Though the phase judicial review has no where been used in the
constitution, the provisions of Article 13 to 226 explicitly confer the
power of judicial review on high court. The constitutional validity
can be challenged on 3 grounds as follows:
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DISTRICT AND SUBORDINATE COURTS
The district court in each district is that of the District and Sessions
Judge – Principal court of original civil jurisdiction besides the high
court of State. The district court or additional district court
exercises jurisdiction both on original side and appellate side in
civil and criminal matters arising in district.
District Judge in each district is the in charge of

administration of justice in a district.
The territorial and pecuniary jurisdiction in civil matters is usually

set in concerned state enactments on the subject of civil courts.
On criminal side, jurisdiction is exclusively derived from Criminal

Procedure Code. District court is also Court of Sessions when it
exercises its jurisdiction on criminal matters under Criminal
Procedure Code.
District court have appellate jurisdiction over all subordinate courts

in district over both civil and criminal matters.
TRIBUNALS
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The 42nd amendment act of 1976 added a new part XIV-A to the
Constitution. This part is entitled as
‘TRIBUNALS’ and consists of only two articles they are as follows:
Article 323 A – dealing with administrative tribunals
Article 323 B – dealing with tribunals of other matters
ADMINISTRATIVE TRIBUNALS
Article 332 A empowers the parliament to provide for the

establishment of administrative tribunals for the adjudication od
disputes relating to recruitment and conditions of service of a
persons appointed to public services of the centre, state, local
bodies, public corporations and other public authorities. Parliament
has passed the Administrative Tribunals Act in 1985.
CENTRAL ADMINISTRATIVE TRIBUNAL: (CAT)
It was set up in 1985 with the principal bench at Delhi and

additional benches in different states.
The CAT exercises original jurisdiction in relation to recruitment

and all service matters of public servants covered by it. Its
jurisdiction extends to all – India services, central services, civil
services, civil posts under the centre and civilian employees of
defence services.
It is a multi – member body consisting of a chairman and

members. At present the strength of members is 65 and 1
Chairman. CAT is bound by the procedure laid down in the Civil
Procedure Code of 1908. It is guided by principles of natural
justice.
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Principles keep it flexible in approach. Currently it is not possible

for an aggrieved public servant to approach the supreme court
directly without going through the concerned high court.
STATE ADMINISTRATIVE TRIBUNALS
The Administrative Tribunals Act, 1985 empowers the central

government to establish State Administrative Tribunals (SATs) on
specific request of the concerned state governments. By 2016
SATs have been set up in 9 states. The chairman and members of
the SATs are appointed by the president after consultation with
governor of state concerned.
It exercises original jurisdiction in relation to recruitment and all

service matters of state government employees. The act also
makes a provision for setting up of joint administrative tribunal
(JAT) for two or more states. JAT exercises all the jurisdiction and
powers exercisable by the administrative tribunals for such states.
TRIBUNALS FOR OTHER MATTERS
Under Article 323 – B, the parliament and the state legislatures are
authorized to provide for the establishment of tribunals for
adjudication of disputes relating to following matters:
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CENTRAL BUREAU OF INVESTIGATION
The Central Bureau of Investigation (CBI) was set up in 1963 by a

resolution of the Ministry of Home Affairs. Later, it was transferred
to the Ministry of Personnel and now it enjoys the status of an
attached file. The establishment of CBI was recommended by the
SANTHANAM COMMITTEE on prevention of corruption.
It derives its powers from the Delhi Special Police establishment

act, 1946. CBI is main investigating agency of the Central
Government. It plays an important role in the prevention of
corruption and maintaining integrity in administration. It also
provides assistance to Central Vigilance Commission and Lokpal.
MOTTO, MISSION AND VISION OF CBI
Motto: industry, impartiality, integrity
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Mission: to uphold the constitution of India and law of the land

through in depth investigation and successful prosecution of
offences; to provide leadership and direction to police forces and
to act as the nodal agency for enhancing inter – state and
international cooperation in law enforcement.
CBI focus on:
ORGANISATION OF CBI
At present, the CBI has following divisions:
Anti – corruption Division
Economic Offences Division
Special Crimes Division
Policy and International Police Cooperation
Administration Division
Directorate of Prosecution
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Central Forensic Science Laboratory
FUNCTIONS OF CBI
The functions of CBI are as follows:
CBI is multidisciplinary investigation agency of government of India

and undertakes investigation of corruption related cases,
economic offences and cases of conventional crimes like murder,
kidnapping, rape etc. on reference from the state governments or
when directed by Supreme Court/ High Courts. CBI acts as
“National Central Bureau” of Interpol in India.
The CBI is required to obtain the prior approval of the Central

Government before conducting any inquiry or investigation into an
offence committed by officers of the rank of joint secretary and
above in the Central Government and its authorities.
However, on May 6, 2014, the supreme court held as invalid the

legal provision that makes prior sanction mandatory for central
bureau of investigation to conduct a probe against senior
bureaucrats in corruption cases under the prevention of corruption
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act.
JUVENILE COURT
The word “juvenile” originates in a Latin word “juvenis” that means

a young. A juvenile or child means a person who has not
completed 18 years of age. Children are greatest national
resource but around the years, participation of children in illegal
act is increasing effortlessly.
Juvenile crime, formally known as juvenile delinquency, is a term

that defines the participation of a minor in an illegal act; juvenile
justice is a legal system that aspires to protect all children bringing
within its ambit “the children in need of protection”, besides those
in conflict of law.
CAUSES OF JUVENILE CRIMES
1. Biological causes such as speech hearing problems etc.
2. Socio – Environmental causes
3. Mobility
4. Cultural conflicts
5. Family background
6. Family structure
7. Broken homes (mentally or socially)
8. Parent – child relationship
9. Socio – economic condition
10. Psychological factors
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11. Others: such as bad company, revenge factor, poor literacy rate,
over exposure to media, lack of values, cheap literature, mental
conflicts.
After Nirbhaya Case, more measures are adopted in India for

developing better juvenile structure and environment. Juvenile
Justice Care and Protection, 2015 came into existence in India.
Principles of juvenile justice care and protection act includes
principles of:
SPECIAL COURT
A special court is one which is to deal with special types of cases
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under a shortened and simplified procedure. They are established

under a statute meant to address specific falling within that statute.
Over more than 25 special courts are set up until 2015.
Special courts have existed in subordinate judiciary since before

independence. Special courts are a significant means of
addressing the specificities of certain statutes and judicial backlog.
The special courts case clearly uses the phase “established under
statute” meaning establishment of new court.
Supreme court should address the constitutional status, and

analyse policy questions pertaining to the need and efficiency of
special courts.
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Indian Judicial system and Hierarchy of Courts in India - Law Insider India about:reader?url=https%3A%2F%2Fwww.lawinsider.in%2Fcolumns%...

Indian Judicial system and Hierarchy

The Constitution of India has set up three branches of the

1. The legislature (make laws)

2. The executive (proper execution of laws made on ground

3. The judiciary (look after the implementation and disputes

India follows adversary system of judicial procedure. This means

that the judge acts as a neutral arbiter upholding the balance

Judicial Independence is one of the basic features of the Indian

Even the appointment of judges to the High Courts and Supreme

The Doctrine of Judicial Review of legislative and executive acts is

The judiciary occupies an important place in the Indian Federal

The Constitution of India lays down that judiciary would resolve

An independent judicial set up is must for any Federation. It

between Union and a unit or Units of federation. India has a single,

HIERACHY SNAPSHOT OF INDIAN JUDICIARY

The Constitution of India provides for a single integrated judicial

High Courts below them and district and subordinate courts at

The Supreme court of India was inaugurated on January 28, 1950.

At present, it consists of 31 judges (1 chief justice and 30 other

The constitution declares Delhi as the seat of the Supreme Court

Supreme Court is the apex court and the decisions of supreme

It is a federal court, highest court of appeal, the guarantor of

fundamental rights and guardian of the Constitution. Therefore, its

Supreme Court should be free from the encroachments, pressure

1. Mode of Appointment- judges appointed by president with

2. Security of Tenure- judges can be removed by president only in

3. Fixed Service Conditions- salaries, allowances, leave, pension of

4. Expenses Charged on Consolidated Fund- salaries, allowances

5. Conduct of Judges Cannot be Discussed- prohibits discussions in

6. Ban on Practice After Retirement.

7. Power to Punish for its Contempt- to maintain authority, dignity and

8. Freedom to Appoint its Staff

9. Its Jurisdiction Cannot be Curtailed- parliament cannot curtail any

10. Separation from Executive- executive authorities should not

JURISDICTION AND POWERS OF SUPREME

Constitution has conferred a very extensive jurisdiction and vast

Jurisdiction of supreme court is classified as follows:

Supreme court decides the disputes between different units of the

Exclusive means authority to determine a case which no other

With regards to exclusive original jurisdiction [Article 131] two

1. The dispute must involve a question (whether a fact or a law)

2. Any suit brought by private citizen against centre or state cannot

Article 131 does not include treaty, agreement, covenant etc.

Parliament may by law exclude jurisdiction of supreme court in

The constitution has constituted the supreme court as the

of), Mandamus (we command), Prohibition (to forbid), Certiorari (to

The supreme court is primarily a court of appeals and hears

1. Appeals in constitutional matters: appeal can be against the

2. Appeals in civil matters: an appeal lies from any judgement of a

ii) question needs to be decided by supreme court.

1. Criminal matters: appeals against the judgment of criminal

2. Appeal by special leave: authorized to grant on its discretion

Article 143 of Indian Constitution authorizes president to seek the

In both the cases, the opinion expressed by the supreme court is

authoritative legal opinion on a matter to be decided by it.

Supreme court has two powers:

Contempt of court maybe civil or criminal. Civil contempt means

POWER OF JUDICIAL REVIEW

Power of supreme court to examine the constitutionality of

Consequently, they cannot be enforced by government.

1. Decides the disputes regarding the election of president and vice-