Hierarchy of Indian Courts

Hierarchy of Indian Courts

Hierarchy of Indian Courts

Indian Courts

Supreme Court of India

  1. It is the first appeal court. The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. The role of the Supreme Court is guardian of the Constitution and the highest court of appeal.
  2. It founded on 28 January; 1950.
  3. The inauguration took place in the Chamber of Princes in the Parliament building.
  4. The Chamber of Princes had earlier been the seat of the Federal Court of India for 12 years, between 1937 and 1950. The Court moved into the present building in 1958.
  5. The Supreme Court Bar Association is the bar of the highest court.
  6. The Constitution of India’s Articles 124 to 147 lay down the composition and jurisdiction of the Supreme Court of India.
  7. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against the verdicts of the High Courts and other courts of the states and territories.
  8. It has the special power of judicial review as per Article 32 of the Constitution.

High Courts of India

  1. It is the second appeal court.
  2. The High Courts are the principal civil courts of original jurisdiction in the state, and all offences including those punishable with death.
  3. It consists of Appeals from lower courts and writ petitions in terms of Article 226 of the Constitution of India. Writ Jurisdiction is also original jurisdiction of High Court.
  4. There are total 24 High Courts at the State & Union territory level. These courts have jurisdiction over a state, a union territory or a group of states and union territories.
  5. It is a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts.
  6. It is mentioned as constitutional courts under Part VI, Chapter V, and Article 214 of the Indian Constitution.
  7. According to Article 141 of the Constitution of India, all courts in India including High Courts are bound by the judgments and orders of the Supreme Court of India by precedence. The Calcutta High Court is the oldest High Court in the country which established on 2 July 1862.

District Courts of India

  1. It is the lower court than the Supreme Court and High Court.
  2. Every District has a Court. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.
  3. It established by the State governments in India.
  4. The decisions of District court are subject to the appellate jurisdiction of the High court.
  5. The highest court in each district is that of the District and Sessions Judge. The district court is presided over by one District Judge appointed by the state Government.  In addition to the district judge there may be number of Additional District Judges and Assistant District Judges.
  6. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court, the District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District.

Tribunals in India

  1. Tribunals are a special court. Tribunal means anybody acting judicially.
  2. In Constitution, Part XIV-A which consists of two Articles 323A and 323B deals with these Tribunals.
  3. It means an advocate appearing before a Court on whom a single Judge was sitting could describe that judge as their tribunal.
  4. Any person or institution with the authority to judge, adjudicate on, or determine claims or disputes among the many innovative provisions adopted by the Forty-second Amendment of the Constitution (1976) a measure of far-reaching importance was the provision for the setting up of Administrative Tribunals.
  5. Section (1) of Article 323-A provides for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.

 

 

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