Hierarchy of Courts in India

There are three organ of Government and they are Legislature,

executive and Judiciary. These organs functions independently.

They are to function in their definite sphere. Legislature makes

law, executive execute the laws created Legislature and the

Judiciary interpret the laws.

Judicial Meaning

The meaning of judicial is to make judgments in a court of law.

Judicial is related to the legal system.

Judiciary in India

India has a single integrated system of Judiciary in view of a

single Constitution. The judiciary in India acts as the custodian of
the Indian Constitution and the protector of the Fundamental
Rights. The Indian Judicial System is one of the oldest legal
systems of the World. The Indian legal system was majorly
influenced by the local customs and the religion.

The judicial system in India is integrated and pyramidal in

structure with the Supreme Court at the top and the High Court
and the other Subordinate Courts at the lower levels. The
adversarial litigation system is followed by the Indian Judicial
System in which the impartial neutral party and both the sides
present arguments before the Court of law.

The Common law system which is followed in England influenced

the Indian Judicial System. The laws were developed by the
judges through the judgments delivered by courts and these
judgments were followed as precedents.

The specific feature of the Indian Judicial System is “judicial

review”. The judicial review is the power given to the judiciary to
determine the validity of law.

Article 137 of the Indian Constitution empowers the Supreme

Court with the judicial review through which it can declare any
law as void when it is unconstitutional or in derogation with the
Fundamental Rights. The power of judicial review is given to the
High Court’s also through which it can overrule the decisions of
the lower courts.

According to Article 13 of the Indian Constitution, the laws which

are contrary to the Fundamental Rights are declared as void by
the judiciary.

Our Constitution ensures the Independence of Judiciary which

means that the other organs of the Government must not restrain
the functioning of the judiciary in such a way that it would not be
able to do justice. Other organs of the Government should not
interfere with its decision and judges must be able to perform
their functions without fear or favour. The Constitution of India
had granted rights to citizens to ensure equality and protects
them from any partial judgment. The power to resolve disputes
and to give judgments is based on the rules of law, is given to
judiciary.

According to the members of the Constituent Assembly, “ This is

the organization which will safeguard those fundamental rights
which have been given to every citizen under the Constitution.
Therefore, it must be above all obstruction by the Executive. The
Supreme Court is considered as the “watchdog of
democracy.”

Indeed, the Independence of the Judiciary is entailed not to favour

judges. It is crucial to maintain the pureness of justice and to
acquire the trust of people in the administration of justice.

Article 50 of the Indian Constitution ensures the separation of

powers of the judiciary from the executive. Our Indian
Constitution has granted fundamental rights to people and to
sustain these rights the judiciary is made independent by it.

Types of Judiciary

There are so many countries and each one of them follow

different types of the judicial system and follow system according
to their own governance.

The United States of America follow the judicial system in which

there is a two-court system. The State Court system and the
Federal Court system are the two types of court in the USA. These
courts are not totally independent from each other as they usually
interact with each other. The main objective of every judicial
system is to solve legal issues and to vindicate legal rights.
The Article III court is followed in various countries. The Supreme
Court, District Courts and Circuit Courts of Appeal are the courts
which are included in Article III Courts. There are other special
courts like the International Courts and the Court of Claims are
also included in the Article III courts.

There are second type of court system in various countries which

may include the Bankruptcy Courts, Tax courts, Magistrate courts,
Court of Veterans Appeals and the Court of Military. There are
various types of State Court Systems and most of them are
composed of the two types of trial courts, Traffic and Family
courts which are included in the trial courts having limited
jurisdiction. The general jurisdiction courts are also there which
includes the intermediate appellate courts, the main trivial courts
and the highest state courts also. In contrast to the Federal
Courts, a large number of the State Court Judges are either
elected or appointed not permanently but for a specific number of
years.

The Trial Courts of limited jurisdiction manage certain sorts of

particular cases. Generally, these courts are located near the
courthouse of the country or inside the country and usually
presided over by one judge. The Municipal Court, family court and
probate court are the few types of trial courts having limited
jurisdiction. The Trial Courts of general jurisdiction are the
principal trial courts in the state’s system. These Courts hears the
cases which are beyond the jurisdiction of the trial courts of
limited jurisdiction. These courts deal with both civil and criminal
cases. In most of the states of the U.S., there are intermediate
appellate courts in between the highest court of the State and the
trial courts of general jurisdiction. There are some kinds of highest
courts in all the States and these are referred to as the Supreme
Courts in some States.

The common tradition law system is followed in England and this

system is followed in the colonized countries of England also.

There are several countries and each country has a different

organization of courts of law which includes the District Courts,
the Supreme Court, the Magistrate Courts, Regional Labour Courts
and National Labour Courts. The Magistrate Courts are considered
as the primary trial courts. These courts have jurisdiction to deal
with criminal matters. The District Courts are the courts at a
middle level and these courts deal with the matters which are not
under the sole jurisdiction of the other courts. The Supreme Court
has the authority to hear criminal and civil appeals from the
District Courts.

Functions of Judiciary

Resolves the
disputes of
jurisdiction
Custodian of
betw een the
Guardian ofAdmand
Civil
Centre inistrati
the
LibertiesState ve
G overnm Adm
ents inistrati
Constitution Functions in
Interpretati
ve
on of law Federations
FunctionFunctions
s of
Judiciary
The judiciary played an eminent role in a modern democratic
state. It performs various functions, like:

 Interpretation of law

The foremost function of the judiciary is to interpret the law and

use them in a particular case by applying the principles of
customs, statutes and various provisions of the Constitution. They
go through the facts of the case and analyse what legal rights of
parties in the case are affected and what law should be applied in
this situation. When the law is lacking, judiciary applies the
principle of justice, equity, and morality.

 Guardian of the Constitution

Our Constitution gives the right to all citizens to protect

themselves from inequality and the Court protect these rights.
The power of judicial review is also given to the Supreme Court of
India and it enjoys the power to declare a law passed by the
legislature as unconstitutional if that law conflicts with the
Constitution. It is not only the guardian of the Constitution but it
also modifies the Constitution with the changing conditions. It has
also expanded the Constitution through inference of its original
provisions. The Indian Supreme Court had also pronounced some
laws as “ultra vires” on the rationale of “procedure established by
law”.

 Custodian of Civil Liberties

The judiciary protects individual liberty by punishing those who

intrude against it. It also safeguards people against tyrannical
action of the Government. Article 32 which is known as the “heart
and soul of the Indian Constitution” provides right to the people
that they can directly approach the Supreme Court in the case of
the infringement of the fundamental rights. A writ can also be
filed in the High Court under Article 226 of the Indian Constitution
to protect these rights.

 Resolves the disputes of jurisdiction between the

Centre and State Governments in Federations

The Constitution of India establishes a federal structure to the

Indian Government, so the powers are divided between the
Centre and the States. There are chances that disputes may arise
between the Centre and the State over the jurisdiction. Therefore,
the Supreme Court is given the right to decide these disputes.

 Advisory Function

In India, the Supreme Court acquires the right from the

Constitution to advise the President on the legal issues. Article
143 of the Indian Constitution empowers the Supreme Court with
the advisory jurisdiction.

 Administrative Functions

The Supreme Court and the High Courts have the authority to
appoint their local officials and subordinate staff.

Indian Judiciary Chart

Hierarchy of courts and their jurisdiction should be properly
defined to deal with the disputes which arise every day in a big
country like India. The Supreme Court of India deals with the
cases at the National level, the High Court deals with cases at the
State level and Subordinate courts (Civil and Criminal) deals with
the cases at the District and Subordinate level.

Image source – http://bit.ly/2XfrW9q

Types of Courts in India – 7 types of Courts in India

There are various types of Courts in India, each has different
powers depending on the tier and jurisdiction conferred on them.
They function according to the set hierarchy of the courts.

Supreme Court

In our country, the Constitution lays down the foundation of an

integrated judiciary having Supreme Court as the highest and
final court of appeal. Article 124(1) of the Indian Constitution
states that there shall be a Supreme Court of India constituting of
a Chief Justice of India. Initially, the Supreme Court of India
consists of the Chief Justice of India and seven other judges. The
Parliament may, by law, increase or decrease the number of
judges of the Supreme Court when it is required. Now, the
Supreme Court has 31 judges including the Chief Justice of India.
In our Constitution, there is a provision of appointment of judges
on an ad hoc basis, whenever it is required. Article 127(1) of the
Indian Constitution deals with the appointment of ad hoc
judges. Ad hoc is a Latin term which means “for this”. It means for
a particular purpose. When a quorum of judges is not available to
continue or hold the sessions of Court then ad hoc judges were
appointed. The Chief Justice of India can appoint a High court
judge as an ad hoc judge of the Supreme Court after consultation
with the Chief Justice of the concerned High Court.

The President of India appoints the judges of the Supreme Court

and the later can consult with the Chief Justice of India and also
with existing judges of the Supreme Court regarding such
appointment. In case of appointment of the Chief Justice of India,
the President shall consult such judges of the Supreme Court and
the High Courts.
 1. For a person to be eligible as a judge of the Supreme
Court, he/she must be a citizen of India, and should have
been for at least five years a judge of a High Court or of
two or more such Courts in succession, or
2. should have been an experience of practicing as an
advocate of High Court for the last ten years or of two or
more such courts in succession or
3. should in the opinion of the President be an eminent
jurist.

The Supreme Court of India is the highest court of appeal and is

vested with various powers, it exercises original, appellate and
advisory jurisdiction.

Powers of the Supreme Court

1. The Supreme Court has the power to punish for contempt

of Court under Article 129 of the Indian Constitution.
2. The power of Judicial Review is given to the Supreme
Court under Article 32 and Article 136 of the Indian
Constitution. They have the power to examine the
legislative enactments and executive orders whether they
are consistent with the provisions of the Constitution or
not.
3. Supreme Court is a deciding authority in the election of
the President and the Vice President and enquiring
authority in conduct and behaviour of Union Public Service
Commission (UPSC) members.
4. Article 134 of the Indian Constitution empowers the
Supreme Court to withdraw the cases from the High Court.
5. Article 126 of the Indian Constitution states that when the
office of the Chief Justice of India is vacant or when the
 Chief Justice is by reason of absence or otherwise unable
to perform his duties of the office, then the President of
India may appoint a judge of the Supreme Court to
dispense the duties of the office.
6. Article 127 of the Indian Constitution states that the Chief
Justice of India can appoint a judge of High Court as an ad
hoc judge in the Supreme Court with the consent of the
President if at any time there is a lack of quorum of judges
in the Supreme Court.
7. Article 128 of the Indian Constitution states that the Chief
Justice of India at any time with the prior consent of the
President and the person to be so appointed can appoint
any person who had previously held the office of a judge
of the Supreme Court.
8. The Supreme Court has the power of revisory jurisdiction
under Article 137 of the Indian Constitution through which
Supreme Court can review its judgements.

The Supreme Court is a court of record because its judgements

are of evidentiary value and cannot be questioned in any court.

The Procedure to remove the Chief Justice of India and the judges
of the Supreme Court is given under Article 124(4) of the
Constitution of India. The President of India appoints the judges of
the Supreme Court of India, so the power to remove them from
their post is vested upon him. But, according to the Constitution
of India, the judiciary is independent of the legislative and
executive organs of the Government. So the judges of the
Supreme Court can be removed only on the basis of proven
incapacity or misbehaviour.

High Court
Article 214 of the Indian Constitution states that there shall be a
High Court for each State. The High Court consist of one Chief
Justice and other judges. The President appoints the Chief Justice
of the High Court in consultation with the Chief Justice of India
while other judges were appointed by the President in
consultation with the Governor of the state, Chief Justice of the
High Court as well as the Chief Justice of India. If in the High Court
the office of the Chief Justice falls vacant due to some reasons
then the President can ask any of the Judge to look after the
duties of the Chief Justice.

A person may be appointed as the Chief Justice of the High Court:

1. If the person is an Indian citizen, and

2. If he had held the judicial office in the territory of India, or
3. At least an advocate for 10 years in the High Court or two
or more High Courts in succession, and
4. The age should be below 62 years.

A judge can remain in the office until he has attained the age of
62 years and can also resign before the retirement by giving a
resignation letter to the President. He can also be removed if the
Parliament passed a resolution which is supported by the majority
of the total membership of the House in which the motion of
removal has been passed and by a majority of not less than two-
third members of the House present and voting has been
presented before the President, on the grounds of proved
misbehaviour or incapacity. He can also vacate the office of the
Court when the President appoints him as the judge of the
Supreme Court.