Hierarchy Of Courts In India

The Indian judiciary plays an important role in the process of democracy by delivering justice, establishing laws, and protecting constitutional rights. Its elaborate hierarchical structure enables an efficient and structured delivery of justice throughout the country. The Judicial system in India is a well-designed network comprising Courts functioning under a clear-cut hierarchical setup. This hierarchy is integral to administering justice since it deals with the cases properly and appropriately based on their gravity and complexity. Indian Courts function on the system of appeal hierarchy. This allows the wrongly affected litigants a chance to get redressal from the Higher Courts from the Judgement passed by the lower Courts.

Hierarchy of Courts is the creation of the Constitution of India. The Constitution of India provides for a unified judicial system, unlike the federal structure which can be seen in the legislative and executive branches of the government. At the top of this hierarchy stands the Supreme Court, followed by the High Courts at the state level and Subordinate Courts at the district and local levels.

Constitutional Basis Of The Indian Judiciary

The Indian Constitution gives a framework for the judiciary by Part V (The Union), Part VI (The States), and Part XI (Relations between the Union and the States). Article 124 of the Indian Constitution provides for the establishment and constitution of the Supreme Court, whereas, Article 214 provides for the establishment of High Courts for States. From Article 233 to Article 237 of the Indian Constitution, rules for Subordinate Courts are provided. The Subordinate Courts are provided under the enactments of the States.

This independence of the judiciary from both the executive and the legislature provides the basis for checks and balances in a democratic set-up.

Hierarchy Of Courts In India

The Hierarchy of Courts in India refers to the structured organization of courts in a graded order based on their authority and Jurisdiction. The hierarchy ensures that justice is administered effectively across various levels. Here's a brief explanation:

The Supreme Court Of India

The Supreme Court of India is the apex Court of the country. It was established under Article 124 of the Indian Constitution. It came into existence on 26th January, 1950 with the coming into force of the Indian Constitution. On 28th January, 1950, the Supreme Court was inaugurated. It acts as the last Court of appeal and also the ultimate interpreter of the Indian Constitution. It has original jurisdiction, appellate jurisdiction, as well as advisory jurisdiction.

• Original Jurisdiction: The Supreme Court is empowered to hear any dispute arising between the Union and/or one or more States or between two or more States. It also entertains cases relating to violation of fundamental rights under Article 32. Article 32 of the Indian Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental RIghts. According to Article 32, the citizens can directly approach the Supreme Court where their fundamental rights have been infringed. 

• Appellate Jurisdiction: The Supreme Court exercises appellate jurisdiction over cases in both the civil and the criminal fields from the High Courts, under certain circumstances. The Appellate jurisdiction of the Supreme Court can be invoked by a certificate as granted by the concerned High Court under Article 132(1), 133(1) or 134 of the Indian Constitution in respect of any judgement, decree or final order of a High Court. It is available in both civil and criminal cases, which involves a substantial question of law as to the interpretation of the Constitution.

The Supreme Court has also extensive Appellate jurisdiction over all the Courts and Tribunals within India. As per Article 136 of the Indian Constitution, the Supreme Court has the discretion to grant special leave to appeal from any judgement, decree, determination, sentence, or order. This power is applicable to any cause or matter decided by any Court or tribunal within the territory of India.

• Advisory Jurisdiction: Article 143 provides for advisory jurisdiction, whereby the President can invite an advisory opinion from the Supreme Court on any matter of public importance either involving law or facts.

• Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly before the Supreme Court.

• Article 317(1) of the Indian Constitution provides the provisions for reference or appeal to the Supreme Court.

• Article 129 and 142 of the Indian Constitution empowers the Supreme Court to punish for contempt of Court including the power to punish for contempt of itself.

• Under Order XL of the Supreme Court Rules the Supreme Court may review its judgement or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.

• Order XLVIII of the Supreme Court Rules, 2013 provides that the Supreme Court can reconsider its final judgement or order by way of a curative petition on limited grounds after the dismissal of review petition.

The Supreme Court is headed by a Chief Justice of India assisted with other judges that are appointed by the President. The strength of the Supreme Court is determined by the Parliament. At present, there are 33 judges (including the CJI) in the Supreme Court. 

High Courts

The High Courts are considered the highest Courts in each state or union territory. Article 214 of the Constitution provides for the establishment of High Courts. As of now, there are 25 High Courts in India. High Courts have the jurisdiction over their respective states and can entertain appeals from subordinate Courts within their territorial jurisdiction.

• Original Jurisdiction: According to Article 226 of the Constitution, the High Courts have original jurisdiction in matters related to the enforcement of fundamental rights, and other matters as conferred by law.

• Appellate Jurisdiction: High Courts entertain appeals in civil matters as well as criminal appeals from the Subordinate Courts. They also have the power of revisional jurisdiction, where they may examine the legality and propriety of decisions passed by the subordinate Courts.

• Supervisory Jurisdiction: High Courts have vested authority over all subordinate Courts within their jurisdictions. This authority has been envisaged under Article 227 of the Constitution. They can pass orders and issue writs to ensure that the lower Courts operate strictly according to the framework of law.

• Court of Record: As per Article 215 of the Indian Constitution, the High Courts have power to punish for contempt. 

• The Code of Civil Procedure, 1908 as well the Code of Criminal Procedure, 1973 confers the High Court with the Revisional Jurisdiction. 

The High Court for every State is headed by the Chief Justice. The judges of a High Court are appointed by the President of India.

Subordinate Courts

The Subordinate Courts operate at the district and lower levels. The state laws decide the structure of Subordinate Courts; however, their framework is controlled by the Indian Constitution. Subordinate Courts are broadly classified into two categories: Civil Courts and Criminal Courts based on the type of cases they deal with.

• District Courts: They are the principal Courts of original civil jurisdiction in the district. They can also handle certain criminal matters. They are presided over by District Judges on civil matters and Sessions Judges on criminal matters. District Courts entertain appeals from subordinate Courts within their district.

• Magistrate Courts: These constitute the lowest category of Courts in India, which are further divided into two subtypes: Judicial Magistrates and Executive Magistrates. Judicial Magistrates conduct all criminal proceedings, while the work of Executive Magistrates is largely limited to administrative activities. Metropolitan Magistrate Courts are found in metropolitan areas exclusively to deal with cases in metropolitan cities.

• Civil Judges (Junior and Senior Divisions): Civil matters, depending on the amount of money involved in the dispute, are handled by either Junior Division or Senior Division Civil Judges. These Courts work at the lowest level of the civil Court structure. 

Specialized Courts And Tribunals

Besides this general hierarchy, India has specialised Courts and tribunals with respect to specific matters. These include tax disputes, labour disputes, family disputes and consumer protection. These tribunals often act as quasi-judicial bodies, constituted through a specific statute. Some of these specialised tribunals are the National Green Tribunal, The Income Tax Appellate Tribunal, and the Armed Forces Tribunal.

Jurisdictional Interrelations

The hierarchical structure of Courts ensures that appeals and legal scrutiny go on smoothly. The doctrine of precedent is one of the most important features of this system. As per the doctrine of precedent, judgments of superior Courts are binding on subordinate Courts. For instance, the Supreme Court rulings are binding on all subordinate Courts in India. Similarly, the rulings by High Courts are binding within their jurisdiction unless overruled or stayed by the Supreme Court.

The right to appeal forms part and parcel of this hierarchical system, whereby decisions are reviewed by Courts of higher jurisdiction. However, there are certain restrictions on this right to appeal. For instance, there is leave to appeal in some instances which is required before filing an appeal.

Challenges In The Judicial Hierarchy

Despite such well-set hierarchy, the Indian judiciary faces several challenges:

• Backlog of Cases: The backlog of cases at every level of Judiciary is alarming. Millions of cases are pending in various Courts which further delay the delivery of justice.

• Accessibility: The judicial system is designed in a manner which will make it accessible to al. However, geographical, financial, and social barriers prevent the litigant, especially those in the rural areas, from seeking redressal. 

• Judicial Vacancies: There is always a shortage of judges in the Court. This issue combined with the problems of case backlogs, may never be fully eliminated.

• Judicial Overreach: At times, there had been allegations of judicial overreach, that the Courts were somehow overstepping their bounds and encroaching on areas handled by the executive or legislative branch.

Recent Reforms And Initiatives

To overcome the above mentioned issues, varied reformations have been implemented:

• E-Courts Project: The digitization of Court records and the development of e-filing systems are being pursued through the E-Courts Project. It aspires to avoid delays and promote transparency.

• Fast Track Courts: For the cases of special interest, like sexual offences, Fast Track Courts have been established to expedite them.

• Alternative Dispute Resolution: Courts encourage all mechanisms of ADR like mediation, arbitration, and conciliation to solve the dispute outside the judicial system. This promotion helps in lightening the burden of the Courts.

Conclusion

The hierarchical structure of the Indian Courts is essential in the delivery of justice in the Country. Though it is quite robust and well-organised, the incidents stemming from delays, accessibility, and vacancy prove to be of much importance. Digitization and promotion of alternative methods of dispute resolution are ongoing reforms that must be continued to make justice in India more efficient and accessible.