details about the judiciary hierarchy, supreme court, high court, subordinate court

1. Indian Judiciary
Hierarchy
SUBMITTED BY-
AKANKSHA AND SHOBHIT
Under the Guidance of
DR. SUBRATO DEY

2. 2
Justice: It is necessary to
maintain order in society that
is promised through various
provisions of Fundamental
Rights and Directive
Principles of State Policy
provided by the Constitution
of India. It comprises three
elements, which is social,
economic, and political.
The preamble is of
considerable legal significance
in so far as embodies an
enacting clause.

3. “
The Lady Justice is a metaphorical
personification of the moral force in judicial
systems. Her attributes are a blindfold, a
balance, and a sword.
3

4. Introduction
4
The Judiciary is a system of courts which interpret and apply the law. The Indian
Judiciary administers a common law system in which customs securities and
legislation, all codify the law of the land. The Indian Judicial system is totally
managed and administered by officers of judicial service unlike in the past when
civil service officers also were part of judicial system.The Judicial system of India is
classified into three levels with subsidiary parts.The Supreme Court,High Court are
District Courts.
“The judicial system is the most expensive machine ever invented
for finding out what happened and what to do about it”

5. 5
Evolution of Indian Judiciary
The evolution of the Indian Judiciary can be broadly classified into 4 phases. The four
phases of the evolution of the Indian Judiciary are as follows.
Phase 1: Textual Approach
The supreme court of India adopted a textual approach, which means that it looked out for
the literal meaning of the words that are mentioned in the Constitution of India.
Phase 2: Structuralist Approach
The supreme court looked at the constitution with a more structuralist approach. It
explored various methods and techniques of interpretation of the words mentioned in the
Indian Constitution, to dig deeper.

6. 6
Phase 3: The Challenge of heterogeneity
This was the stage in which the supreme court’s interpretation was more focussed on the
end result and not much effort was granted to the reasoning of the respective issues.
Due to the rise in the cases, the panels of the judges started to increase, and during the
same time, though the Indian judiciary was powerful but was accused of its judicial
overreach.
Phase 4: Transformation and Social Revolution
The recent phase of the Indian judiciary can be termed as the fourth stage, wherein it has
taken a lot of decisions for the social revolution and the transformation. Some of them
include lifting the ban of women from entering the Sabarimala Temple, decriminalizing
homosexuality, and more.

7. 7
Let’s gather some information together
1. Brief information on
the judiciary hierarchy

8. 8
Functions of Judiciary of India
Some of the many functions of the Indian Judiciary are –
1. Guardian of the Constitution
The supreme court of India acts as a guardian of the constitution. It takes care of the
conflicts between the center and the state, or the state and the legislature. Under the
judicial review, it can state any law or act as unconstitutional if it is found to be violating
any of the provisions of the constitution.
2. Protector of the Fundamental Rights
The judiciary is supposed to act as a protector of the fundamental rights of the citizens of
the country. It also holds the right to enforce fundamental rights by issuing writs.

9. 9
3. Administrative Functions
The court has also been granted some of the administrative functions that include,
assigning the guardian of the minors, registering marriages, and more.
4. Supervisory Functions
The higher courts in the country also hold the responsibility to to supervise the
lower courts and look into their cases, to ensure justice is delivered.
5. Advisory Functions
By Advisory functions, we mean that the judiciary of India holds the right to give its
opinions on the questions of the constitution.

10. 10
Supreme Court
High Court
District Court and Additional District Judges
Subordinate Judge Class-I
Subordinate Judge Class-II
Court of Small Causes
for Metropolitan
Munsif Court or Court of
Sub Judge III Class

11. 11
Supreme Court
High Court
Metropolitan Courts
Civil Criminal
City Civil
Courts
Sessions Courts
(Sessions Judge)
Chief Metropolitan
Court
(Chief Metropolitan
Judge)
Courts of
smaller causes
Metropolitan Magistrate
Court
(Metropolitan Magistrate
First Class)
District & Session Court
Criminal
Civil
Sessions Courts
(Sessions Judge)
District Courts
(District Judge)
Sub Courts
(Senior Civil Judge)
Judicial Magistrate
Courts(1st Class)
(Chief Judicial
Magistrate)
Judicial Magistrate
Courts(2nd Class)
(Judicial Magistrate
Class)
Principal Junior Civil
Judge Courts
(Principal Junior Civil
Judge)
Munsif Courts
(District Munsiff; or
Junior Civil Judge)
Subordinate Courts at
District Level
State Level

12. The Elaboration of Hierarchy
The District Court of India are established by the State Government in India for
every district or more than one district taking into account the number of cases,
population distribution in the district. These courts are under administrative
control of the High Court of the State to which the district concerned belongs. The
District Court is presided over by one District Judge appointed by the State
Government. In addition to the district judge there are many Additional District
Judge and Assistant District Judge depending upon the workload.
12

13. 13
Supreme Court
of India

14. 14
Main Moto : Where there is righteousness (Dharma) there is a Victory
The Supreme Court of India is the country’s highest judicial court. It is the final court of
appeal in the country. It upholds the rule of law and also guarantees and protects citizens’
rights and liberties as given in the Constitution. Therefore, the Supreme Court is also
known as the Guardian of the Constitution.
Supreme Court of India – Functions
● It takes up appeals against the verdicts of the High Courts, other courts and
tribunals.
● It settles disputes between various government authorities, between state
governments, and between the centre and any state government.
● It also hears matters which the President refers to it, in its advisory role.
● The SC can also take up cases suo moto (on its own).
● The law that SC declares is binding on all the courts in India and on the Union as
well as the state governments.

15. A picture is worth a thousand words
15

16. 16
The Ayodhya Dispute

17. 17
Authorities and Powers of the Supreme Court of India
1. Power to punish for contempt (civil or criminal) of court
2. Judicial review
3. Deciding authority regarding the election of President and Vice President.
4. Enquiring authority in the conduct and behaviour of UPSC members.
5. Withdraw cases pending before High Courts and dispose of them itself.
6. Appointment of ad hoc judges
7. Appointment of retired judges of the Supreme Court or High Court
8. Appointment of acting Chief Justice
9. Revisory Jurisdiction
10. Supreme Court as a Court of Record

18. Acting President
18
• The constitution of India provides that the Chief Justice of India (CJI) shall act as
the President of India in the event of the offices of both the President and the Vice
President being vacant.
• When President Zakir Hussain died in office, the Vice President VV Giri, acted as
the President. Later, Mr. Giri resigned as the Vice President. The CJI, Justice
Hidayatullah then became the acting President of India. The senior-most judge of
the Supreme Court became the acting Chief Justice of India. When the newly elected
President took office a month later, Justice Hidayatullah reverted as the Chief
Justice of India.

19. 19

20. 20
1. Original Jurisdiction
Being a Federal court, the Supreme Court decides disputes between –
● Two or more states
● Centre and the state/states
● Centre and states on one side and the other states on the other side
In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.
However, this jurisdiction does not apply to the following cases-
● A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and
or any other similar instruments.
● Any Inter-state water disputes.
● Matters that are referred to the Finance Commission.
● Recovery of the damages by a state against the Centre.
● An ordinary dispute that is commercial between the Centre and the states.
● A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said
jurisdiction does not extend to such a dispute.
● An adjustment of certain expenses and pensions between the Centre and the states.

21. 21
2. Writ Jurisdiction
The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus,
prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an
aggrieved citizen.
However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also
granted the power to issue writs for the enforcement of the Fundamental Rights.
3. Appellate Jurisdiction
Several appeals can be made in the Supreme Court of India. These appeals can be broadly
classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters,
and Special Leaves.

22. 22
4. Advisory Jurisdiction
Under Article 143, the President of India has the right to seek the advice of the Supreme
court when any question of law or fact of public importance which has arisen or is likely to
arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant,
engagement, or other similar instruments
5. Court of record
Herein, the Supreme Court of India has two powers, that are –
● It is given the authority to punish for the contempt of court, either with simple
imprisonment for a term up to six months or with fine up to 2,000 or both.
● The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual
memory and testimony and they are recognized as legal precedents and legal
references.

23. 23
Types of
Writ
Meaning of the
word
Purpose of Issue
Habeas
Corpus
You may have the
body
To release the person who has been detained
unlawfully whether in prison or in private custody
Mandamus We Command To secure the performance of public duties by
lower court,tribunal or public authority.
Certiorari To be certified To quash the order already passed by an inferior
court, tribunal or public authority.
Prohibition The action of
stopping something
being done or used
To prohibit an inferior court continuing the
proceedings in a particular case where it has no
jurisdiction to try.
Quo
Warranto
What is your
authority
To restrain a person from holding a public office
which he is not entitled.

24. 24
High Courts

25. 25
The High courts of India are the principle civil courts of
original jurisdiction in each state and union territory.
However, a high court exercises its original civil and criminal
jurisdiction only if the subordinate courts are not authorized
by law to try such matters for lack of pecuniary, territorial
jurisdiction.
The high court has control over the subordinate courts in
matters like posting, promotion, granting leave and a variety
of other matters.
High court of India

26. 26
Sl.No Year Name Territorial Jurisdiction Seat & Bench
1 1862 Bombay Maharashtra,Dadra &
Nagar Haveli and Daman
Diu,Goa
Seat: Mumbai,Bench: Panaji,
Aurangabad, and Nagpur
2 1862 Kolkata West Bengal,Andaman &
Nicobar islands
Seat: Kolkata,Bench: Port Blair
3 1862 Madras Tamil Nadu,Pondicherry Seat: Chennai,Bench: Madurai
4 1866 Allahabad Uttar Pradesh Seat: Allahabad,Bench: Lucknow
5 1884 Karnataka Karnataka Seat: Bengaluru Bench: Dharwad
and Gulbarga
6 1916 Patna Bihar Patna
7 1948 Guwahati Assam, Arunachal
Pradesh, Mizoram,
Nagaland
Seat: Guwahati, Bench: Kohima,
Aizawl, and Itanagar
8 1949 Odisha Odisha Cuttack

27. 27
9 1949 Rajasthan Rajasthan Seat: Jodhpur, Bench: Jaipur
10 1956 Madhya Pradesh Madhya Pradesh Seat: Jabalpur, Bench: Gwalior
and Indore
11 1958 Kerala Kerala & Lakshadweep Ernakulam
12 1960 Gujarat Gujarat Ahmedabad
13 1966 Delhi Delhi Delhi
14 1971 Himachal
Pradesh
Himachal Pradesh Shimla
15 1975 Punjab &
Haryana
Punjab, Haryana &
Chandigarh
Chandigarh
16 1975 Sikkim Sikkim Gangtok
17 2000 Chattisgarh Chattisgarh Bilaspur

28. 28
18 2000 Uttarakhand Uttarakhand Nainital
19 2000 Jharkhand Jharkhand Ranchi
20 2013 Tripura Tripura Agartala
21 2013 Manipur Manipur Imphal
22 2013 Meghalaya Meghalaya Shillong
23 2019 Telangana Telangana Hyderabad
24 2019 Andhra
Pradesh
Andhra Pradesh Amravati
25 2019 Jammu &
Kashmir and
Ladakh
Jammu and
Kashmir,Ladakh
–

29. 29
Important Terms related to High Courts in India:
● Tribunal
● Permanent Bench
● Circuit Bench
● Division Bench
● Full Bench
Powers and Functions of the High Court
The High Court is the highest court in a state in India. Articles 214 to 231 in the
Indian Constitution talk about the High Courts, their organisation and
powers. The Parliament can also provide for the establishment of one High
Court for two or more states.

30. 30
High Court Autonomy
The independence of the High Courts can be corroborated by the points given below:
● Appointment of Judges
● Tenure of the Judges
● Salaries and allowances
● Powers
● Conduct of judges
● Retirement
The Qualification that is needed to be a judge in the Judge in the high court of the country
is that he/she should –
● Have held a judicial office in the Indian territory for 10 years, OR
● Have been an advocate of the high court(s) for a minimum period of ten years.

31. 31
a. It will make justice delivery system more efficient,
b. It will make judicial process speedier,
c. Justice delivery system will be more effective,
d. It will ensure the transparency in the process,
e.The judicial system will be more accessible and affordable to the general people.
f. Reduce the burden of huge no of cases from Supreme Court.
g. Help for the automation of the judicial system.
h. Ensure good governance and control over the district courts.
j. Create a lot of employment vacancies for the people of the area.
k. The economical and business condition of the division will also improve.
Advantages of Establishing Benches of HC Division in
Division Levels

32. DISADVANTAGES OF ESTABLISHING BENCHES OF HC DIVISION IN DIVISION LEVEL:
a. If the whole judiciary system is decentralized then there is question that raises with the action
are the quality and impartialness of the verdict.
b. There might be a scarcity of skilled lawyer and judges.
c. If we establish benches of high court in divisional level then political biasness can be taken
place.
d. Lower courts will take advantages of having direct control over higher court.
e. In a district judge court first level verdict is given by the assistant judge and then if any party
doesn’t get satisfied with the verdict then the party can appeal first time in district judge court
then the joint district judge and district judge will review the case, and after that the case gets
forwarded to high court after double trial, so it's unnecessary to establish benches in every
division level.
f. Number of unnecessary cases will be increased.
g. A new amendment needs to be added, so there will be an administrative and legal complexity
as an amendment of the constitution will be necessary to establish high court benches in all the
divisions’ level.
32

33. 33
Powers and Jurisdiction of HC
Jurisdiction: It is the power that a court of law exercises to carry
out judgments and enforce laws.
a) Original Jurisdiction
b) Appellate Jurisdiction
c) Advisory Jurisdiction
d) Revisory Jurisdiction
e) Judicial Review

34. 34
1) Original Jurisdiction
Original Jurisdiction means the power to handle those cases
which cannot be moved in any other court other than HC i.e.
in the first instance. These cases include:
a) State Revenue and its collection
b) Protection of Fundamental Rights: In case if the
Fundamental Rights of an individual are violated, then such
individual can directly approach the HC
c) Cases related to Divorce, Will, Marriage, Contempt of Court
etc.
d) Interpretation of the Constitution: Cases related to
Interpretation of the Constitution are also handled by the HC.
e) Election Petitions challenging the elections of MPs, MLAs
or local bodies.

35. 35
b) Appellate Jurisdiction
Appellate Jurisdiction means the power to handle the
cases on appeal against the judgement delivered by any
district courts or subordinate courts in the country.
(HC is the Court of Appeal which can reduce or change
the judgement passed by lower courts in the country.)
These cases include:
a) Civil Cases: Important cases with District
Courts certificate, or without DC certificate on
appeal. e.g. land revenue, blatant injustice etc.
b) Criminal Cases: Important cases with DC
certificate, or without DC certificate on appeal.

36. 36
3. Administrative Powers
The high court is the controller of all the subordinate courts. It also has the right to ask for the
details of the proceedings from the subordinate courts. The rules regarding the working of the
subordinate courts are also issued by the High court.
The High Court can also appoint its administration staff and determine their salaries and
allowances, and conditions of service.
4. Power of Judicial Review
High Courts hold the power of judicial review. They have the right to declare any law or
ordinance as unconstitutional if it is found to be against the Constitution of India.
5. Power of Cancellation
A High Court alone can choose to certify the cases that it feels are fit for an appeal before the
Supreme Court of India.

37. 37
District
Courts

38. 38
1. The Subordinate Courts • The subordinate Courts are: (a) District Courts, empowered to hear
appeals from courts of original civil jurisdiction besides having original civil jurisdiction (b)
Sessions Court is courts of criminal jurisdiction, having the similar scope of powers.
2. The District Court • The District Courts of India are established by the State governments in
India for every district or for one or more districts together taking into account the number of
cases, population distribution in the district. • They administer justice in India at a district level.
3. The District Court • The district court is presided over by one District Judge . • In addition to
the district judge there may be number of Additional District Judges and Assistant District
Judges depending on the workload. • These courts are under administrative control of the High
Court of the State to which the district concerned belongs. The decisions of District court are
subject to the appellate jurisdiction of the concerned High court.

39. 39
Appointment of district judge and other Additional and
Assistant district judges is done by the state Government
in consultation with the High court of the state. • A
minimum of seven years of practice as a lawyer at bar is a
necessary qualification. • District judges are also
appointed by way of elevation of judges from courts
subordinate to district courts provided they fulfill the
minimum years of service.
Appointment

40. 40
1. District Courts in India • Andhra
Pradesh (23) • Assam (23) •
Chattisgarh (16) • Goa (2) • Madhya
Pradesh (48) • Maharashtra (35) •
Uttarakhand (13) • Uttar Pradesh (70)
• Tamil Nadu (29) • Rajasthan (33) •
Gujarat (26) • West Bengal (23)
2. District Courts in Union Territories •
Chandigarh (1) • Dadra and Nagar
Haveli (1) • Daman and Diu (2) •
Lakshadweep (1) • Puducherry (4)

41. 41
1. Village Courts • Village courts, called Lok Adalat (people's court) or Nyaya Panchayat
(justice of the villages), compose a system of alternative dispute resolution.
2. Lok Adalat • Lok Adalat is a system of alternative dispute resolution developed in
India. It roughly means "People's court". • The system of Lok Adalats is based on the
principles of the Panch Parmeshwar of Gram Panchayats which were also proposed
by Mahatma Gandhi. • The idea of Lok Adalat was mainly advocated by Justice P.N.
Bhagwati, a former Chief Justice of India. • They are held periodically for exercising
such jurisdiction as they determine. • The first Lok Adalat was held on March 14,
1982 in Gujarat.

42. 42
3. The disputing parties plead their case themselves in Lok Adalats. • Witnesses are not
examined. • No court fees is levied. • Speedy justice is given to the people of all
classes of society. • It was the Legal Services Authority Act 1987, which gave
statutory status to Lok Adalat.

43. 43
Sl.No. Court Of District Judge Sessions Court
1 It is the highest Civil Court of the district It is highest Criminal Court of the District.
2 It is presided by a District Judge. It is presided by a Sessions Judge.
3 The District Judge & Additional District
Judges are appointed by Governor in
consultation with the chief Justice of HC of
the concerned State.
The Session Judge & Additional Sessions
Judges are appointed by Governor in
consultation with the Chief Justice of HC
of the concerned State
4 Handles Civil Cases like: Land, Property,
Marriage,Divorce,Will etc
Handles Criminal Cases like:
Murder,Theft,Dacoity,Pick-Pocketing etc.
5 District Judge also act as Deputy
Commissioner & District Collector and
maintains law & order and supervises the
collection of revenue and taxes in the district.
The Session Judge does not perform any
administrative functions.

44. 44
Lok Adalats-
● Lok Adalat means People’s Court.
● Justice P.N. Bhagwati, Lok Adalats were setup in 1897.
● It was set to provide legal help and quick justice to those who can’t afford
expensive fees of lawyers and expenses of legal proceedings.
● Decision of Lok Adalat is considered as the decision of a Civil Court.
● They are organised at convenient places like factories, farms, commercial
complexes and neighbourhood of litigants.
● Cases are handled informally involving both the parties and disputes are
settled in a spirit of harmony and compromise.
● Those cases that have not been handled by any other court are handled by Lok
Adalats.

45. 45
Working of Lok Adalats
● Judges, Law Graduates, Public Workers or Social Workers inform the litigants about
their rights and duties.
● The judges of Lok Adalats are actually Counsellors.
● These Adalats are assisted by Legal Aid Committees and Social Action Groups. The
first Lok Adalat was held at Junagarh in Gujarat on March 14, 1982.
Advantages of Lok Adalats
● Lok Adalats work in the spirit of harmony, compromise and understanding. Hence,
both the parties feel satisfied. Lok Adalats deliver fast and inexpensive justice.
● Lok Adalats reduce the workload of other courts, helping them to focus on more serious
matters. This reduces the delays in higher courts.
● Lok Adalats promote social justice by providing legal aid to weaker sections of society.

46. 46
Appointment of district court judge
● The district court is handed over by a district judge. The district judge is appointed by
the state governor with on the advice of chief justice of the high court of the state. In
addition to the district judge, there may be few number of additional district judges
and assistant district judges as per the workload.
Features of district court
● The court of the district judges is the highest civil court in a district.
● It comprises of both administrative and judicial powers.
● The court of the District Judge resides in the district HQ.
● The court can also try to solve the criminal and civil cases and hence, the judge is
called District and Sessions Judge.
● Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge
and Munsif Courts.

47. 47
Civil Courts
● Civil courts deal with civil cases. Civil law is referred to in almost all cases other
than criminal cases. Criminal law applies when a crime such as a robbery, murder,
arson, etc. is perpetrated.
● Civil law is applied in disputes when one person sues another person or entity.
Examples of civil cases include divorce, eviction, consumer problems, debt or
bankruptcy, etc.
● Judges in civil courts and criminal courts have different powers. While a judge in a
criminal court can punish the convicted person by sending him/her to jail, a judge
in a civil court can make the guilty pay fines, etc.
● District Judges sitting in District Courts and Magistrates of Second Class and Civil
Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

48. 48
Civil courts have four types of jurisdiction:
● Subject Matter Jurisdiction: It can try cases of a particular type and relate to a
particular subject.
● Territorial Jurisdiction: It can try cases within its geographical limit, and not
beyond the territory.
● Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
● Appellate Jurisdiction: This is the authority of a court to hear appeals or review
a case that has already been decided by a lower court. The Supreme Court and
the High Courts have appellate jurisdiction to hear cases that were decided by a
lower court.

49. 49
Recent Controversies
1. Back in the year 2016, Justice Nagarjuna Reddy of the High Court of Andhra Pradesh
and Telangana got all lights on him when 61 Rajya Sabha members moved a petition for
his impeachment on charges of him misusing his position to “victimize” a “Dalit” judge.
However, later, nine of the 54 members of the Rajya Sabha, who proposed the initiation
of proceedings against him, withdrew their signatures.
2. On 20 April 2018, a petition seeking impeachment of CJI Dipak Misra was submitted
by seven opposition parties to the Vice President, Venkiyah Naidu. The petition was
rejected by the Vice President.
3. On 19 April 2019, a junior court assistant and a former employee in CJI Gogoi’s office
sent a complaint-letter attached with a detailed affidavit to 22 Judges of the Supreme
Court of India, narrating a series of events, spelling out how CJI Gogoi had allegedly
sexually harassed her.

50. 50

51. 51

52. 52

53. 53
Conclusion
● The Constitution of India plays a major role with the help of other rules and laws
enforced from time to time to strengthen the judiciary system of India. The
Supreme Court of India has been granted the utmost authority by the Indian
Constitution.
● The decision of the supreme court can not be challenged. However, the
parliament and the President of the country holds the right to impeach the
Supreme Court Judge, as and when needed.

54. 54