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    Hierarchy of Courts in India

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    Valan A
    The hierarchy of courts in India begins with the Supreme Court at the top, followed by High Courts, district courts and subordinate courts. The Supreme Court has original, appellate and advisory jurisdiction. High Courts have original, appellate, writ and supervisory jurisdiction. District courts preside over civil cases while sessions courts handle criminal cases. Subordinate courts include small cause courts and munsif courts.

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    Hierarchy of Courts in India

    Uploaded by

    Valan A
    304 views14 pages
    The hierarchy of courts in India begins with the Supreme Court at the top, followed by High Courts, district courts and subordinate courts. The Supreme Court has original, appellate and advisory jurisdiction. High Courts have original, appellate, writ and supervisory jurisdiction. District courts preside over civil cases while sessions courts handle criminal cases. Subordinate courts include small cause courts and munsif courts.

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    The hierarchy of courts in India begins with the Supreme Court at the top, followed by High Courts, district courts and subordinate courts. The Supreme Court has original, appellate and advisory jurisdiction. High Courts have original, appellate, writ and supervisory jurisdiction. District courts preside over civil cases while sessions courts handle criminal cases. Subordinate courts include small cause courts and munsif courts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    304 views14 pages

    Hierarchy of Courts in India

    Uploaded by

    Valan A
    The hierarchy of courts in India begins with the Supreme Court at the top, followed by High Courts, district courts and subordinate courts. The Supreme Court has original, appellate and advisory jurisdiction. High Courts have original, appellate, writ and supervisory jurisdiction. District courts preside over civil cases while sessions courts handle criminal cases. Subordinate courts include small cause courts and munsif courts.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 14

    Hierarchy of Courts in

    India
    Descending Hierarchy

    Supreme Court

    High Courts

    Metropolitan Courts/ District and Sessions Courts


    Subordinate Courts

    District Courts Sessions Court Revenue courts


    1. Civil cases 1. Criminal Cases 1. Deal with case of land revenue on
    States
    2. Presided over by District Judge 2. Presided over by Sessions Judge
    2. Board of Revenue is the highest
    3. Two main jurisdictions are 3. Can decide any cases under IPC; court of revenue in India
    pecuniary and territorial trials.
    3. Followed by Collector- Tehsildars-
    4. Pecuniary jurisdiction divides the 4. Can award all kind of Asst. Tehsildars
    courts vertically and territorial punishments including capital
    jurisdiction divides them punishment (with the approval of
    horizontally the HC)
    District Courts Sessions Court Revenue Courts
    (i) Example: Delhi- pecuniary limit for 5. Followed by Additional/Assistant 5. Hierarchy and nomenclature are
    civil cases is Rs. 20 lacs; matters of Sessions Judge who can award different across states and
    higher value and appeals go to the any kind of punishment except districts.
    DHC (vertical/pecuniary hierarchy) capital punishment.
    6. Popularly called revenue officers;
    (ii) Delhi has three district courts: 6. Metropolitan Courts: Are collectors, etc.
    Patiala House (New Delhi, West Delhi, established for districts with a
    South Delhi); Tis Hazari (North Delhi); population of over 1 million; 7. Administrative courts
    Karkardooma (East Delhi)– Example: Delhi, Mumbai, 8. These courts deal with matters of
    (horizontal/territorial hierarchy Kolkata; Ahmedabad land tax and revenue from
    7. Subordinate to Sessions Court cultivation, etc.
    District Courts Sessions Court Revenue Courts
    5. Followed by Sub Courts presided 8. Followed by the Court of Judicial Trivia: Are District Collectors and DM
    over by Civil Judge (Senior Magistrate (First Class); presided functionally different?
    division) over by the CJM

    6. Principle Junior Civil Court 9. Followed by the Court of Judicial


    Magistrate (Second Class)
    presided over by Principle Civil presided over by JMSC
    Judge (Junior Division)
    10. The hierarchy of these courts is
    7. Munsif court presided over by vertical on the basis of nature of
    Munsif Judge/Civil Judge (Junior offence triable by them and the
    division) quantum of punishment they can
    award
    Sessions Court Revenue Courts
    8. Nature of cases: private matters 11. Trivia: Who are District
    related to property; contract; Magistrates? How are they placed
    banking; insurance, etc. in this hierarchy?
    9. Trivia: Are Family courts Civil 12. Nature of cases: theft; murder;
    Courts or Criminal? grievous hurt, etc.
    ► They are courts of record under the Indian
    Constitution (A. 214); constitutional courts
    ► Kinds of jurisdiction:
    1. Original
    High Courts 2. Writ
    3. Appellate (for both civil and criminal matters)
    4. Supervisory (227): supervisory authority over all the
    subordinate courts and tribunals within its territorial
    jurisdiction except military courts and tribunals
    ► It usually does not exercise its original-civil and
    criminal jurisdictions unless
    a. There is error apparent on the face of law; substantial
    question of law
    b. Pecuniary value of a civil case is beyond Rs. 20 lacs
    ► Writ jurisdiction of HC’s is wider than that of the SC
    because:
    High Courts
    a. They can issue write in case of violation
    fundamental rights; and
    b. Can also issue writs in case of violation of a legal
    right;
    Original

    Supreme Appellate
    Court

    Advisory
    ► Original jurisdiction empowers the Sc to hear cases
    brought directly before it without being heard in any
    of the lower courts before.
    ► Original jurisdiction in cases involving GOI and
    states.
    ► Article 32 of COI
    Supreme ► Article139A: cases involving substantially the same
    questions of law pending before SC and one or more
    High Courts or before two or more High Courts may
    Court withdraw a case or cases pending before the High
    Court or High Courts and dispose of all such cases
    itself.
    ► Matters of international commercial arbitration may
    also be directly heard by the SC.
    ► Civil matters of pecuniary value of Rs. 1 crore and
    above- original civil jurisdiction
    ► Appellate jurisdiction over all the cases which
    are brought in appeal before it.
    ► Relevant articles are 132(1), 133(1) and 134
    Supreme where AJ is invoked by a certificate granted by
    the HC.
    Court ► Power to grant appeal through special leave
    under Article 136- it extends to all the courts
    and tribunals
    ► Has appellate jurisdiction over matters of trade,
    income tax, customs, excise, securities, family matters,
    contempt, professional misconduct, etc.
    ► Articles 129 and 142 empower the SC to punish for
    Supreme contempt of court including contempt of itself.
    ► The SC also has the power to review its own
    Court judgement or order under Article 137 of the COI in
    case of an error apparent on the record:
    - Example: NEET (2013)- was held valid subsequently
    ► Curative Petition: evolved in Rupa Hurra vs. Ashok
    Hurra
    ► The court ruled that a curative petition can be
    entertained if the petitioner establishes there was a
    violation of the principles of natural justice, and that
    Supreme he was not heard by the court before passing an order.
    ► It will also be admitted where a judge failed to disclose
    Court facts that raise the apprehension of bias.
    ► The SC has held that curative petitions must be rare
    rather than regular, and be entertained with
    circumspection.
    ► A curative petition must be accompanied by
    certification by a senior advocate, pointing
    out substantial grounds for entertaining it.
    It must be first circulated to a bench of the
    Supreme three senior most judges, and the judges
    who passed the concerned judgment, if
    Court available. Only when a majority of the
    judges conclude that the matter needs
    hearing should it be listed — as far as
    possible, before the same Bench.

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