Structure of Judiciary In India: Hierarchy of courts

Overview: The judiciary is a vital branch of government that interprets laws, resolves disputes, and administers justice to all citizens. Regarded as the guardian of democracy, the judiciary plays a crucial role in upholding the Constitution. 

In this blog, we will cover the Hierarchy of Courts in India. Read this blog thoroughly to understand the complete hierarchy!!

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For a democracy to thrive, it is essential to have an impartial and independent judiciary.

Independence of the Indian Judiciary entails that the executive and legislative branches refrain from interfering with its operations. Judicial decisions are upheld without external influence from other governmental organs. This freedom allows judges to fulfil their duties without bias or undue pressure.

However, judicial independence does not imply unchecked authority. The judiciary remains accountable to the Constitution, ensuring that its actions align with the principles and laws of the nation.

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Hierarchy of Courts in India

Under our Indian Constitution, the Judiciary in India is a single integrated judicial system. It is a pyramid-like structure with the Supreme Court of India at the top. Then, the High Courts follow, and then the District courts, and the subordinate courts in the end. The lower courts function under the direct superintendence of the courts above them.

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Supreme Court of India

The Supreme Court is the highest court of law. It was established on January 28, 1950, under Article 124(1) of the Constitution of India explained below: 

• The Supreme Court consists of the Chief Justice of India and not more than thirty-three other judges.
• Every judge of the Supreme Court shall be appointed by the president by warrant under his hand & seal on the recommendation of the National Judicial Appointments Commission.
• Ad hoc judges can be appointed temporarily because there is no quorum of permanent judges.
• Once appointed, a judge holds office until he attains 65 years of age.
• He may resign his office
• By writing addressed to the President or
• By order of the President after an address by each House of Parliament supported by a majority of the total membership of that house and by a majority of not less than 2/3 of the members of the House present and voting on the grounds of 'proven misbehaviour' and 'incapacity'.
• A person shall not be qualified for appointment as a judge of the Supreme Court unless he is:
• a citizen of India, and
• b) either i) a distinguished jurist, ii) has been a High Court judge for at least 5 years, or iii) has been an Advocate of a High Court for at least 10 years.

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High Courts 

This is the second most important court in the Indian judicial system. It was established according to Article 214 of the Indian Constitution. 

• There are 25 High Courts in India.
• Every High Court shall consist of a Chief Justice and other judges the President may occasionally appoint.
• Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission and shall hold office,
• in the case of an additional or acting Judge, as provided in article 224,
• & any other case, until he attains the age of 62 years.
• Provided that:
• A Judge may, by writing addressed to the President, resign his office;
• A Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court;
• The office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
• A person shall not be qualified for appointment as a Judge of the High Court:
• Unless he is a citizen of India and
• has for at least ten years held a judicial office in the territory of India or
• has been an advocate of a High Court or two or more such courts in succession for at least ten years.
• However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the high court in the State are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction. 
• High courts may also enjoy original jurisdiction in certain matters designated specifically in a state or Federal law. e.g., Company law cases are instituted only in a high court. 
• As per Article 226 of the Constitution of India, the primary work of High Courts includes appeals from lower courts and writ petitions.
• Also, Writ Jurisdiction is the original jurisdiction of the High Court. 
• The particular territorial jurisdiction of each High Court varies.
• The President appoints judges in a High court after consultation with the Chief Justice of India, the governor of the State, and the High Court Chief Justice.
• The number of judges in a court is decided by dividing the average institution of prominent cases during the last five years by the national average or the average disposal rate of main points per judge per year in that High Court, whichever is higher.
• The Calcutta High Court is the oldest in the country, established on July 2, 1862.
• The Allahabad High Court is the most significant High Court, with a sanctioned strength of 160 judges.

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Subordinate Courts

The hierarchies of courts that lie subordinate to High Courts are referred to as subordinate courts.

• It is for the state governments to enact for the creation of subordinate courts.
• The nomenclature of these subordinate courts differs from state to state, but the organisational structure is broadly uniform.
• There are district courts and appellate jurisdictions in each district.
• In each district, there are various types of subordinate or lower courts. They are:
• Civil courts,
• Criminal courts and
• Revenue courts.
• These courts are under administrative control of the High Court of the State to which the district concerned belongs.

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District Courts

The District Courts are the most essential courts in the Indian judicial system. These courts deal with cases in the District, consider appeals on decisions made by the lower courts, and decide on matters involving serious criminal offences. Understand the types below:

Civil Courts

• Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord-tenant disputes. 
• Civil Courts settle these disputes. They do not award any punishment for violation of law, which is not involved in civil cases.
• Disputes relating to property, succession, ownership, and other rights fall under the jurisdiction of Civil Courts, which dispose of these cases in accordance with the Civil Procedure Code. 

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Criminal Courts

• Criminal cases are related to the violation of laws. 
• These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, against the accused.
• In such cases, the accused is punished with a fine, imprisonment, or even death sentence if found guilty.
• The criminal courts dispose of these cases in accordance with the Criminal Procedure Code and Indian Penal Code. 

Revenue Courts

• Revenue courts deal with cases of land revenue in the State. 
• The highest revenue court in the district is the Board of Revenue. 
• Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars. 
• The Board of Revenue hears the final appeals against all the lower revenue courts under it.

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Village Courts/Lok Adalat

Lok Adalat (people's court), also known as Village courts or Nyaya Panchayat (justice of the villages), is an alternative dispute resolution system. Understand below:

• Village courts were recognized through the 1888 Madras Village Court Act, then developed (after 1935) in various provinces and (after 1947) in Indian states.
• The Gujarat model of courts with a judge and two assessors was used from the 1970s onwards.
• The 2008 Gram Nyayalayas Act foresaw 5,000 mobile courts in the country to judge petty civil/property and criminal cases.
• However, the Act has not been appropriately enforced, with only 151 functional Gram Nyayalayas in India against a target of 5000.
• Financial constraints and the reluctance of lawyers, police, and other government officials to enforce the law are the primary reasons behind the non-enforcement.

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Functions of the Indian Judiciary:

The judiciary in India is pivotal in its legal system and governance. Its primary functions encompass a wide range of responsibilities, ensuring justice, constitutional balance, and protection of fundamental rights. Here’s a detailed look at the various functions of the Indian judiciary:

1. Administration of Justice: The judiciary's foremost function is to administer justice by applying laws to specific cases and resolving disputes. When a case is brought before the courts, they determine the facts based on the evidence provided by the parties involved. The court then decides the applicable law and applies it accordingly. If a person is found guilty of violating the law, the court imposes a suitable penalty.
2. Guardian of the Constitution: The Supreme Court (SC) of India serves as the guardian of the Constitution. It resolves conflicts of jurisdiction between the central government and state governments or between the legislature and the executive. Through 'judicial review,' the judiciary can declare any law or executive order that violates constitutional provisions as unconstitutional or null and void. 
3. Protector of Fundamental Rights: The judiciary safeguards citizens' rights against infringement by the state or other entities. Higher courts enforce fundamental rights by issuing writs, ensuring that individuals' rights are upheld.
4. Supervisory Functions: Higher courts oversee and supervise subordinate courts in India, ensuring proper judicial conduct and administration within the lower courts.
5. Advisory Functions: The SC also performs advisory functions, providing its opinions on constitutional questions when the executive requests. This function is exercised in the absence of actual disputes.
6. Administrative Functions: Certain courts' functions are administrative rather than judicial. These include granting licenses, administering estates of deceased persons, appointing receivers, registering marriages, and appointing guardians for minor children and individuals deemed incompetent.
7. Special Role in a Federation: In India's federal system, the judiciary plays a crucial role in resolving disputes between the central and state governments and between different states. It acts as an arbiter in these conflicts, ensuring harmonious relations within the federation. 
8. Conducting Judicial Enquiries: Judges are often called upon to head commissions that investigate errors or omissions by public servants. These judicial enquiries help maintain accountability and transparency in public administration.
9. The Indian judiciary, through its multifaceted functions, ensures the rule of law, protects constitutional integrity, and upholds the rights of individuals, contributing significantly to the country's governance and stability.

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Conclusion

In conclusion, understanding the structure of the Judiciary in India is vital for every citizen. It ensures transparency, accountability, and access to justice. Here are the key takeaways:

• The Indian judiciary consists of the Supreme Court and subordinate courts.
• The Supreme Court is the highest authority responsible for interpreting and applying laws and upholding the Constitution.
• Subordinate courts include High Courts, District Courts, and Tribunals, each with specific jurisdiction. 
• Knowledge of the judiciary's structure helps to navigate the legal system effectively.
• It enhances understanding of appeal processes and available judicial remedies.
• Awareness of the structure promotes transparency and enables citizens to hold the judiciary accountable. 

With this understanding, we can actively uphold justice and safeguard our rights within the Indian legal system.