India’s Judicial Structure — The Hierarchy of Courts in India
As a former colonial territory of the British, the colonial authority structured India’s justice system after the justice system in Britain. England’s Charles II brought India’s first judicial proceeding in 1661 when his royal charter granted the colonial governor the right to apply English law to criminal and civil cases in India.
In 1773, a regulating act by the colonial authorities established the first Indian supreme court in Calcutta. Afterward, the colonial government in India created high courts via the high court act of 1861. Despite establishing these courts, the colonial privy court remained the highest court in the land during the colonial reign.
However, three years after India gained independence, the new authorities changed their judicial system, and the Supreme court in India’s capital state, New Delhi, became the highest court in the land in 1950.
Today, the Indian judiciary system has taken the country’s vast population into cognizance. It has created a three-level structure that ensures the laws of India protect the legal rights of Indian citizens. The supreme court is the first level, the high court is the second, and the lower courts are the lowest on the chain.
After independence, India’s new government established the supreme court according to the stipulations in part five, chapter four of the constitution. This supreme court had its first sitting in January 1950. With the colonial structure set aside, the Supreme Court became the highest court in India, and its decisions were final. The supreme court reviews the constitution and presides over cases between the federal Indian government and State governments, or two-state governments.
The supreme court also serves as an appellate court, where citizens can bring unsatisfactory rulings from the high courts for further arguments and review.
Besides the chief justice, there are 30 other judges in the Supreme Court of India. These judges preside over cases brought before the court and interpret the constitution’s stipulations.
Also, the English language is the official language of the Indian Supreme Court, and counselors must present all cases in the English language.
Underneath the supreme court of India are the high courts. These courts can also review the Indian constitution. However, its primary jurisdiction lies in the enforcement of human rights, resolution of issues around union or state legislature elections, and revenue-related cases.
The high courts also pay more attention to writ petitions than the supreme court. They also have authority over all the lower courts in India, except the Indian Armed Forces. Unsatisfied parties can also file appeals to transfer their cases from a lower court to a high court for further review.
While the President appoints judges to the high court, the chief justice remains the head of the high court, and the appointees remain subordinate to the chief justice. These presidential appointees may hold office until they reach the age of 62, when they have to retire.
Finally, the district or lower courts sit at the bottom of the hierarchy. These courts ensure that the laws of the land protect the rights of citizens at the grassroots level of India.
The state governments structure district courts according to their needs and discretion. In India, state governments appoint judges to preside over the significant activities of district courts, and the high courts approve these appointments or reject them.
Beneath the district courts, there are the civil court, criminal court, and revenue courts. These courts hear cases that fall under their jurisdiction, and appeals from these courts go to the district courts for review.
