Understanding Hierarchy of Courts in India

Judiciary is one of the�three wings of the Government. It administers justice

through the Court system. But how can common people get justice if they do not know
where to file their case? That is why we have a hierarchy of courts to guide people
file their suit in the right court. It is essential to file a case in the correct
court. Only then the case will be processed further. The court hierarchy in India
begins with�the�Supreme Court, followed by the High Courts, District Courts, and
other judicial bodies.
Supreme Court of India
In India, the court of the highest order is the Supreme Court. It is located in New
Delhi and comprises of the Chief Justice and thirty other judges. It has very wide
powers in the form of�original, appellate and advisory jurisdiction. Citizens may
directly file their case in the Supreme Court for violation of their fundamental
rights. This forms part of the Original jurisdiction of the Supreme Courts.
As part of the appellate jurisdiction, the Supreme Court entertains appeals from
the High Courts and other courts and Tribunals. The cases entertained are both
civil and criminal.
The President of India may also refer certain problems to the Supreme Court seeking
advice from it. This forms the advisory jurisdiction. Moreover, the law declared by
the Supreme Court is binding on all the Courts situated within India.
High Courts
Followed by the Supreme Court, each Indian State has its own High Court. The High
Courts are usually located in the capital of the State. But some states like West
Bengal, Karnataka, Tamil Nadu,�Rajasthan, Uttar Pradesh and others have benches of
High Courts.
If a State has a High Court bench, it means there is a branch of that High Court at
one or more places.
For example, in the State of Tamil Nadu, the�Madras High Court�is situated in
Chennai and a bench of the Madras High Court is situated in Madurai. It is not
called the Madurai High Court, but Madras High Court � Madurai Bench.
Similarly, all Union Territories have only benches of High Court of the nearby
state. For example, the Bombay High Court has a bench at Panaji for the Union
Territory of Goa. The only exception is the National Capital Territory of Delhi.
Delhi has its own High Court.
The High Courts are the principal civil courts with original jurisdiction in the
State and the respective Union Territory. However, a High Court exercises this
power only when the subordinate courts do not have the authority to try the cases
due to lack of pecuniary jurisdiction (based on the value of the suit) and
territorial jurisdiction.
The High Courts of Calcutta, Bombay and Madras have original civil jurisdiction
because of their history as Presidency Towns before Independence. The High Courts
have appellate jurisdiction with respect to civil and criminal cases from the
Subordinate Courts.
One common misconception about the hierarchy of courts is the Tribunal. Tribunals
are not Courts. They are administrative in nature. Tribunals run parallel to the
court system but they are not part of it. They do not form above or below the High
Courts in the hierarchical structure.
District Courts
The District Courts administer justice at a district level. These courts are under
the administrative and judicial control of the High Court of the State to which the
district concerned belongs. Each District Court is presided by a District Judge.
There are many subordinate courts within the District Court Complex. This structure
varies for Metropolitan cities and other cities. Additionally, there are separate
Labour Courts and Family Courts in each district. There are Special Courts for
specific purposes also. E.g., Special Courts under Essential Commodities and
Narcotic Drugs and Psychotropic Substances Act (EC & NDPS Act).
Village Courts
They are also called Lok Adalats or Nyaya Panchayats. Their aim is to solve petty
disputes in an informal manner in the rural areas.
Hierarchy of Courts in India- A Flowchart
The following flowchart will help readers understand the hierarchy of courts in
India.