Hierarchy of Courts in India

Supreme Court of India

• The Supreme Court of India came into existence
on 28th January 1950.
• It is the highest court in the country and
comprises of 34 Judges.
• The senior most judge is designated as the Chief
Justice.
• As per Article 141 of the Constitution, the law
declared by the Supreme Court shall be binding
on all the subordinate courts in India.
 Supreme Court of India
• The Supreme Court is not bound by its own previous decisions.
However, a smaller Bench is bound by the decision given by a larger
Bench.
• In AR Antulay vs RS Nayak (AIR 1988 SC 1531), the Supreme Court
held that although its decisions are binding on all subordinate
courts, but it is itself not bound by its own decisions.
• The Supreme Court is not bound by the decisions of the Privy
Council and the Federal Court of India. They only have a persuasive
value in the Supreme Court. However, they command great respect
in the Supreme Court.
• The Supreme Court is not bound by the decisions of foreign courts
like the Supreme Court of USA or the Supreme Court of UK. They
only have a persuasive value in the Indian Supreme Court.
However, the decisions of highly intellectual Supreme Courts, like
that of USA, command great respect in the Indian Supreme Court.
• Whether a Court of Appeal should be
established in India between the High Courts
and the Supreme Court? Or
• Whether Regional Benches of the Supreme
Court should be established in Mumbai,
Kolkata and Chennai?
 Jurisdiction of the Supreme Court

• Jurisdiction as a Court of Record

• Original Jurisdiction
• Writ Jurisdiction
• Appellate Jurisdiction
 Jurisdiction as a Court of Record

• Article 129 of the Constitution declares that “the

Supreme Court shall be a Court of Record and shall
have all the powers of such a court including the
power to punish for contempt of itself.”
• A Court of Record is a Court whose records are
admitted to be of evidentiary value and are not to
be questioned when they are produced before the
same court or a subordinate court.
 The Contempt of Courts Act, 1971
• This Act defines the powers of courts for punishing
contempt of court and regulates their procedure.
• As per this law, contempt of court is of two types,
i.e., Civil Contempt and Criminal Contempt.
• However, the jurisdiction of the Supreme Court to
punish for contempt is independent of the
provisions of The Contempt of Courts Act, 1971.
 Contempt of Courts Act, 1971.
• Under this law, a Judge can be held liable for the
contempt of his own Court.
• But a Judge of the Supreme Court of India or any
High Court cannot be punished for the contempt
of his own Court.
• However, a High Court Judge can be punished for
the contempt of the Supreme Court of India.
Justice CS Karnan
 Justice CS Karnan Controversy
• On 23 January 2017, Justice Karnan published an open letter to the
Prime Minister naming "an initial list" of 20 sitting and retired
Supreme Court and High Court judges allegedly involved in
corruption.
• On 8 May 2017, Justice Karnan sentenced Chief Justice of
India Jagdish Singh Khehar and seven other SC judges to five-year
rigorous imprisonment after holding them guilty under the SC/ST
Atrocities Act, 1989.
• This led to Supreme Court on 9 May 2017 sentencing Calcutta High
Court judge Justice C.S. Karnan to six months imprisonment for
contempt of court. 
• He finally retired on 12 June and subsequently after a week of his
retirement, was arrested by the Kolkata Police on 21 June 2017.
• He was eventually released from prison on 20 December 2017 after
completing his six month sentence.
 Civil Contempt
• Civil Contempt means wilful disobedience to
any judgment, decree, direction, order, writ or
other process of a court, or wilful breach of an
undertaking given to a court.
 Criminal Contempt
• Criminal Contempt means the publication (whether
by words spoken or written, by signs, visible
representations or otherwise) of any matter, or the
doing of any act whatsoever, which –
• Scandalises or tends to scandalise, or lowers or
tends to lower the authority of any Court; or
• Prejudices or interferes, or tends to interfere with
the due course of any judicial proceeding; or
• Interferes or tends to interfere with, or obstructs or
tends to obstruct the administration of justice in
any other manner.
Prashant Bhushan Contempt Case
Prashant Bhushan Contempt Case
 Exceptions to Contempt of Court
• Innocent publications and their distribution.
• Publication of a fair and accurate report of judicial
proceedings.
• Fair criticism of a judicial act.
• Complaint made in good faith against presiding
officers of subordinate courts to High Court and
Supreme Court.
 Delhi Judicial Service Association vs
State of Gujarat [(1991) 4 SCC 406]
• In this case it was held that the Supreme Court has
the power to punish a person for the contempt of
itself as well as of its subordinate courts.
• The Court dismissed five Police officers and sent
them to jail as they were found guilty of criminal
contempt for harassing and handcuffing the Chief
Judicial Magistrate of Nadiad town in the State of
Gujarat.
 Mohammad Aslam vs Union of
India [(1994) 6 SCC 442]
• In this case, the Supreme Court held Kalyan Singh,
the Chief Minister of Uttar Pradesh, guilty of
contempt of court for violating the Supreme Court’s
order of not allowing any permanent structure on
the disputed land in Ayodhya.
• The CM had given an assurance to the Supreme
Court that he will not allow any permanent
construction on the disputed property.
• The Court sentenced him to a token imprisonment of
one day, and a fine of Rs. 2000 was imposed on him.
 Original Jurisdiction of the Supreme Court
• Article 131 of the Constitution vests original
jurisdiction upon the Supreme Court over the
following matters:
• A dispute between the Government of India and
one or more States;
• A dispute between the Government of India and
any State or States on one side and one or more
other States on the other; and
• A dispute between two or more States.
 Article 131
• Subject to the provisions of this Constitution, the
Supreme Court shall, to the exclusion of any other
court, have original jurisdiction in any dispute
• (a) between the Government of India and one or
more States; or
• (b) between the Government of India and any State
or States on one side and one or more other States
on the other; or
• (c) between two or more States, if and in so far as
the dispute involves any question (whether of law or
fact) on which the existence or extent of a legal right
depends.
 Exceptions to Original Jurisdiction
• The proviso to Article 131 lays down that the original
jurisdiction of the Supreme Court shall not extend to a
dispute arising out of any treaty, agreement, covenant,
engagements, and or other similar instrument which,
having been entered into or executed before the
commencement of this Constitution, continues in
operation after such commencement, or which provides
that the said jurisdiction shall not extend to such a dispute.
• Under Article 262(2), the Parliament can exclude the
jurisdiction of the Supreme Court over disputes regarding
the use, control or distribution of the water of any inter
State river or river valley.
 Article 262
• Parliament may by law provide for the adjudication
of any dispute or complaint with respect to the
use, distribution or control of the waters of, or in,
any inter State river or river valley.
• Notwithstanding anything in this Constitution,
Parliament may by law provide that neither the
Supreme Court nor any other court shall exercise
jurisdiction in respect of any such dispute or
complaint as is referred to in clause (1).
 Union of India vs State of
Rajasthan [(1984) 4 SCC 238]
• The Supreme Court held that a State’s suit against
the Union of India for the recovery of damages
under Section 80 of The Railways Act, 1890, is not a
dispute falling under Article 131, and hence it is not
maintainable.
• It was further held that the Court’s jurisdiction
under Article 131 is not attracted to such ordinary
dispute of commercial nature between a State and
the Union of India.
 Writ Jurisdiction
• Article 32 of the Constitution provides writ
jurisdiction to the Supreme Court.
• The Supreme Court can issue writs of Habeas
Corpus, Mandamus, Certiorari, Prohibition and Quo
Warranto for the protection and enforcement of
fundamental rights.
• Writ Jurisdiction of the Supreme Court is an
extension of the original jurisdiction.
 Article 32 – Remedies for the
Enforcement of Fundamental Rights
• The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part (Fundamental
Rights) is guaranteed.
• The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this
Part (Fundamental Rights).
• Without prejudice to the powers conferred on the Supreme Court by
clause (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
• The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
 Appellate Jurisdiction
• Articles 132 to 136 confer appellate jurisdiction on
the Supreme Court.
• The appellate jurisdiction of the Supreme Court can
be divided into four categories, i.e.:
• Constitutional Matters;
• Civil Matters;
• Criminal Matters; and
• Special Leave to Appeal (SLP).
 Article 132
• An appeal shall lie to the Supreme Court from any
judgment, decree or final order of a High Court in
the territory of India, whether in a civil, criminal or
other proceeding, if the High Court certifies under
Article 134-A that the case involves a substantial
question of law as to the interpretation of the
Constitution.
• Where such a certificate is given, any party in the
case may appeal to the Supreme Court on the
ground that any such question as aforesaid has
been wrongly decided.
 Article 133
• An appeal shall lie to the Supreme Court from any judgment,
decree or final order in a civil proceeding of a High Court in the
territory of India if the High Court certifies under Article 134-A:
• (a) that the case involves a substantial question of law of
general importance; and
• (b) that in the opinion of the High Court the said question needs
to be decided by the Supreme Court.
• Notwithstanding anything in Article 132, any party appealing to
the Supreme Court under clause (1) may urge as one of the
grounds in such appeal that a substantial question of law as to
the interpretation of this Constitution has been wrongly decided.
• Notwithstanding anything in this article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court
from the judgment, decree or final order of one Judge of a High
Court.
 Article 134
• An appeal shall lie to the Supreme Court from any judgment, final order or
sentence in a criminal proceeding of a High Court in the territory of India if the
High Court:
• has on appeal reversed an order of acquittal of an accused person and
sentenced him to death; or
• has withdrawn for trial before itself any case from any court subordinate to its
authority and has in such trial convicted the accused person and sentenced him
to death; or
• certifies under Article 134-A that the case is a fit one for appeal to the Supreme
Court:
• Provided that an appeal under sub clause (c) shall lie subject to such provisions
as may be made in that behalf under clause (1) of Article 145 and to such
conditions as the High Court may establish or require
• Parliament may by law confer on the Supreme Court any further powers to
entertain and hear appeals from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law
 Article 134-A
• Every High Court, passing or making a judgment,
decree, final order, or sentence, referred to in
Article 132 or Article 133, may, if it deems fit so to
do, on its own motion; and
• shall, if an oral application is made, by or on behalf
of the party aggrieved, immediately after the
passing or making of such judgment, decree, final
order or sentence, determine, as soon as may be
after such passing or making, the question whether
a certificate of the nature referred to in Article 132
or Article 133, may be given in respect of that case.
 Article 135
• Until Parliament by law otherwise provides, the
Supreme Court shall also have jurisdiction and
powers with respect to any matter to which the
provisions of Article 133 or Article 134 do not apply
if jurisdiction and powers in relation to that matter
were exercisable by the Federal Court immediately
before the commencement of this Constitution
under any existing law.
 Article 136 – Appeal by Special Leave
• Article 136 empowers the Supreme Court to admit
Special Leave Petitions.
• The power conferred by this Article on the Supreme
Court is very wide.
• It is a special residuary power which is exercisable
outside the purview of the ordinary law.
• However, the Supreme Court has become over
burdened because of the misuse of Article 136 by
Advocates and Litigants.
 Article 136
• Notwithstanding anything in this Chapter, the
Supreme Court may, in its discretion, grant special
leave to appeal from any judgment, decree,
determination, sentence or order in any cause or
matter passed or made by any court or tribunal in
the territory of India.
• Nothing in clause (1) shall apply to any judgment,
determination, sentence or order passed or made
by any court or tribunal constituted by or under any
law relating to the Armed Forces.
 Pritam Singh vs State (AIR 1950 SC 169)

• The Supreme Court held that the discretionary

power of granting special leave to appeal is to be
exercised only in exceptional cases, and as far as
possible, a uniform standard should be adopted in
granting special leave in the wide range of matters
which can come up before the Court under this
Article.
 DC Mills vs Commissioner of Income
Tax, West Bengal (AIR 1955 SC 55)

• In this case, the Supreme Court held that the

power to entertain a Special Leave Petition (SLP)
being an exceptional and overriding power, has to
be exercised sparingly and with caution, and only
in extraordinary situations.
 High Courts

• There are 25 High Courts in India for 28 States and 9

Union Territories.
• Every High Court is headed by a Chief Justice.
• The Calcutta High Court is the oldest High Court in
the country.
• The Allahabad High Court is the largest High Court
in India with a sanctioned strength of around 200
judges.
 High Courts
• Every High Court is absolutely bound by the decisions of the
Supreme Court of India.
• The subordinate courts within the jurisdiction of a High Court
are bound by the decisions of that High Court. For ex: all District
Courts in Punjab, Haryana and Chandigarh are bound by the
decisions of the Punjab and Haryana High Court.
• The decisions of one High Court only have a persuasive value
before other High Courts and the subordinate courts falling
within the jurisdiction of other High Courts. For ex: the
decisions of Delhi High Court only have a persuasive value in
the Punjab and Haryana High Court and the District Courts of
Punjab, Haryana and Chandigarh. However, in practice, the
decisions of a High Court command great respect in the
subordinate courts of other jurisdictions as well.
 High Courts
• A single judge bench of the High Court is bound by the
decisions of a division bench (2 judge bench) and a full bench
(3 judge bench) of the same High Court.
• The decisions of the Privy Council and the Federal Court of
India are binding on all the High Courts by virtue of Articles
395 and 225 of the Constitution respectively.
• However, such decisions shall not be binding on the High
Courts if they have been overruled by the Supreme Court of
India.
• The High Courts in India are not bound by the decisions of
foreign courts like the Supreme Court of USA or the Supreme
Court of UK. They only have a persuasive value in the High
Courts.
 Jurisdiction of High Courts
• Jurisdiction as a Court of Record
• General Jurisdiction
• Writ Jurisdiction
 Jurisdiction as a Court of Record

• Article 215 of the Constitution declares that “Every

High Court shall be a court of record and shall have
all the powers of such a court including the power
to punish for contempt of itself.”
• The nature and scope of the power of the High
Courts under this Article is similar to the power
conferred on the Supreme Court by Article 129.
• Q. Can a High Court punish a person for the
contempt of the Supreme Court of India?
Vitusah Oberoi vs The Court (On Its Own Motion)
(AIR 2007 SC 225)

• In this case the Supreme Court held that the power

to punish a person for contempt of court vested in a
High Court by Article 215, does not empower it to
punish a person for the contempt of the Supreme
Court.
• Therefore, a High Court is not empowered to initiate
contempt proceedings for the contempt of the
Supreme Court.
• A High Court can only punish a person for contempt
of itself or for the contempt of a subordinate court.
 General Jurisdiction
• Article 225 deals with the general jurisdiction of the High
Courts.
• It provides that “Subject to the provisions of this Constitution
and to the provisions of any law of the appropriate Legislature
made by virtue of powers conferred on that Legislature by this
Constitution, the jurisdiction of, and the law administered in,
any existing High Court, and the respective powers of the
Judges thereof in relation to the administration of justice in
the Court, including any power to make rules of Court and to
regulate the sittings of the Court and of members thereof
sitting alone or in Division Courts, shall be the same as
immediately before the commencement of this Constitution.”
 Writ Jurisdiction
• Article 226 of the Constitution provides writ
jurisdiction to the High Courts.
• The High Courts can issue writs of Habeas Corpus,
Mandamus, Certiorari, Prohibition and Quo
Warranto for the protection and enforcement of
fundamental rights, or for any other purpose.
 Article 226 – Power of High Courts to
Issue Certain Writs
• Notwithstanding anything in Article 32, every High
Court shall have powers, throughout the territories
in relation to which it exercise jurisdiction, to issue
to any person or authority, including in appropriate
cases, any Government, within those territories
directions, orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, or any of them, for the
enforcement of any of the rights conferred by Part
III (fundamental rights) and for any other purpose.
 Subordinate Courts
• Apart from the Supreme Court and the High
Courts, there are various subordinate courts in
India at the State level. For ex: District and
Sessions Courts, Magistrate’s Courts, Civil Courts,
Tribunals, etc.
• These subordinate courts are bound by the
decisions of the Supreme Court and the decisions
of the High Court under whose jurisdiction they
function.
 Jurisdiction of Criminal Courts

• Sections 177 to 189 of The Code of Criminal

Procedure, 1973, deal with the jurisdiction of
criminal courts in Inquiries and Trials.
 Section 177- Ordinary Place of
Inquiry and Trial
• Every offence shall ordinarily be inquired into
and tried by a Court within whose local
jurisdiction it was committed.
 Section 181 – Place of Trial in Case of Certain Offences
• Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity
with murder, of belonging to a gang of dacoits, or of escaping from custody, may be
inquired into or tried by a Court within whose local jurisdiction the offence was
committed or the accused person is found.
• Any offence of kidnapping or abduction of a person may be inquired into or tried by a
Court within whose local jurisdiction the person was kidnapped or abducted or was
conveyed or concealed or detained.
• Any offence of theft, extortion or robbery may be inquired into or tried by a Court
within whose local jurisdiction the offence was committed or the stolen property
which is the subject of the offence was possessed by any person committing it or by
any person who received or retained such property knowing or having reason to
believe it to be stolen property.
• Any offence of criminal misappropriation or of criminal breach of trust may be
inquired into or tried by a Court within whose local jurisdiction the offence was
committed or any part of the property which is the subject of the offence was received
or retained, or was required to be returned or accounted for, by the accused person.
• Any offence which includes the possession of stolen property may be inquired into or
tried by a Court within whose local jurisdiction the offence was committed or the
stolen property was possessed by any person who received or retained it knowing or
having reason to believe it to be stolen property.
 Section 183 – Offence Committed on
Journey or Voyage
• When an offence is committed whilst the person
by or against whom, or the thing in respect of
which, the offence is committed is in the course of
performing a journey or voyage, the offence may
be inquired into or tried by a Court through or into
whose local jurisdiction that person or thing
passed in the course of that journey or voyage.
Section 186 - High Court to decide, in case of doubt,
district where inquiry or trial shall take place
• Where two or more Courts have taken cognizance of the
same offence and a question arises as to which of them
ought to inquire into or try that offence, the question shall
be decided—
• (a) if the Courts are subordinate to the same High Court,
by that High Court;
• (b) if the Courts are not subordinate to the same High
Court, by the High Court within the local limits of whose
appellate criminal jurisdiction the proceedings were first
commenced.
• Thereupon, all other proceedings in respect of that
offence shall be discontinued.
 Section 188 – Offence Committed
Outside India
• When an offence is committed outside India-
(a) by a citizen of India, whether on the high seas or
elsewhere; or
(b) by a person, not being such citizen, on any ship or
aircraft registered in India,
he may be dealt with in respect of such offence as if it
had been committed at any place within India at which
he may be found.
• Provided that no such offence shall be inquired into or
tried in India except with the previous sanction of the
Central Government.
 Jurisdiction of Civil Courts

• Territorial Jurisdiction (Geographical Limits)

• Pecuniary Jurisdiction (Financial Value)
• Jurisdiction as to Subject Matter
 Section 9, CPC – Courts to Try all
Civil Suits Unless Barred

• The Courts shall (subject to the provisions herein

contained) have jurisdiction to try all suits of a civil
nature excepting suits of which their cognizance is
either expressly or impliedly barred.
 Section 18, CPC - Place of Institution of Suit Where
Local Limits of Jurisdiction of Courts are Uncertain
• Where it is alleged to be uncertain within the local limits
of the jurisdiction of which of two or more Courts any
immovable property is situate, any one of those Courts
may, if satisfied that there is ground for the alleged
uncertainty, record a statement to that effect and
thereupon proceed to entertain and dispose of any suit
relating to that property, and its decree in the suit shall
have the same effect as if the property were situate
within the local limits of its jurisdiction.
• Provided that the suit is one with respect to which the
Court is competent as regards the nature and value of
the suit to exercise jurisdiction.