The Structure and Jurisdiction of Indian Law Courts

India practices a federal system of division of powers- the legislature creates laws, the executive implements these laws, while the judiciary arm of government interprets them. The judiciary dispenses justice as guided by the Constitution.

The court system in India is designed in a pyramidical hierarchy to decentralise power and ensure the administration of justice at all levels, especially the grassroots. At the top of this order is the Supreme Court, followed by the High Courts and subordinate courts. These courts are custodians of the Constitution, protecting citizens’ fundamental human rights, conducting legal inquiries, and providing legal interpretations in civil and criminal matters.

The courts equally operate under judicial precedents following the hierarchy of courts. Consequently, the decided judgements of the supreme and high courts are binding on the subordinate courts.

The Supreme Court of India is the nation’s highest court of law. India established the court on 28 January 1950. Today, the court consists of 34 judges, one of which is appointed as the chief justice by the president. The supreme court possesses five core jurisdictional powers. The first is the original jurisdiction granted to it by the Constitution. This jurisdiction means the court can hear and decide cases between the federal government and states and between two disputing states.

They also have appellate jurisdiction over the high court, which means they can hear cases appealed from the high courts. Their decisions and judgments are binding on the high court and other subordinate courts. Its other two jurisdictions are advisory and review, meaning they can advise the government on any topic of law and examine laws created by the legislature. Lastly, writ jurisdiction means they have the power to issue legal orders.

The second-highest court in India’s judicial hierarchy is the high court. Like the supreme court, a presidential appointee chief justice heads the high court. The high court also retains the power of constitutional review and possesses original, writ and appellate jurisdictions.

Its original jurisdiction covers disputes between people and the government, conflicts between state legislature, and issues concerning revenue. However, its appellate jurisdiction is over the subordinate courts, giving the high courts the authority of superintendents to the subordinate courts.

Subordinate courts are also called district courts. They are present in every district across the country and are presided over by district judges appointed by state governors. India has a high population, requiring these subordinate courts to help ease the flow of justice administration while reducing the burden of the higher courts. District courts have three major courts: civil, criminal and revenue. These three courts also have different classes under them for administrative purposes.

Civil courts have three levels: the district court, the Civil Judge senior division, and the Civil Judge junior division. These classes or levels possess original, pecuniary, territorial, and appellate jurisdiction. This jurisdiction gives them the authority to hear civil disputes, including those of monetary value, exclusively within their district’s location. They have appellate jurisdiction over matters that lower courts have previously heard.

Criminal courts hear matters of criminal liability and operate within the Criminal Procedure Code of 1973. There are four classes of criminal courts in India: court of session, judicial magistrate first class, judicial magistrate second class, and the executive magistrate.

Revenue courts exclusively entertain matters concerning revenue. The court has three administrative classes: the board of revenue, the commissioner collector, and the tehsildar.

Other lower courts include tribunals and Lok adalats, or village courts.

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