TABLE OF CONTENTS

COURT STRUCTURE IN INDIA & HIERARCHY OF COURT.................................................2

FUNCTIONS OF COURTS........................................................................................................2

HIERARCHY OF INDIAN COURTS........................................................................................2

SUPREME COURT OF INDIA......................................................................................................2

CONSTITUTIONAL REGULATION........................................................................................3

HIGH COURT OF INDIA..............................................................................................................3

CONSTITUTIONAL REGULATION........................................................................................3

LOWER COURT OF INDIA..........................................................................................................4

DISTRICT COURT.....................................................................................................................4

VILLAGE COURT......................................................................................................................4

HIERARCHY OF JUDICIAL OFFICERS.....................................................................................4

CHIEF JUSTICE OF INDIA...........................................................................................................5

JUDGES OF SUPREME COURT...............................................................................................5

CHIEF JUSTICE OF HIGH COURT..............................................................................................6

JUDGES OF HIGH COURT.......................................................................................................6

JUDGES OF DISTRICT COURT...............................................................................................6

COURT STRUCTURE IN INDIA & HIERARCHY OF COURT

The word ‘court’ originally meant ‘an enclosed place’. In legal terms, however, it denotes a
chamber, hall, or building where judicial proceedings are held. In a court of law, various types
of disputes including those regarding civil and criminal matters are presented before person(s)
having judicial authority to hear and resolve them.

FUNCTIONS OF COURTS

 Dispute resolution.
 Peace-keeping.
 Judicial Lawmaking.
 Constitutional decision-making.

HIERARCHY OF INDIAN COURTS

The Indian judiciary has a pyramidical structure of the arrangement of courts. The Supreme
Court of India is placed at the top of the hierarchical structure followed by High Courts at the
regional level and lower courts at the micro-level. From lower courts to higher courts, the
functions assigned increase in terms of jurisdiction and exercise of power.

SUPREME COURT OF INDIA

The Supreme Court of India is placed at the highest level in the Indian judicial system. It
was established in accordance with Part V, Chapter IV of the Indian Constitution as a Federal
Court. The Supreme Court is the guardian of the Constitution. It also is the highest court of
appeal.

CONSTITUTIONAL REGULATION

The jurisdiction and composition of the Supreme Court are fixed by Articles 124 to 147 of the
Indian Constitution.
  This court primarily has the status of an appellate court, i.e., it accepts the appeals against
verdicts of the High Courts in cases mainly when the related parties are dissatisfied with
the previous decision.
 Also, when the fundamental rights of a citizen get violated, he/she has the right to file a
writ petition directly to the Supreme Court (without following the hierarchical order)
under Article 32 of the Constitution. There are five types of writs that may be issued by
the Court upon petition under different circumstances. These are the (i) Writ of Habeas
Corpus, (ii) Writ of Mandamus, (iii) Writ of Certiorari, (iv) Writ of Prohibition, (v) Writ
of Quo-Warranto.
 The Supreme Court has an advisory role. It may hear matters when referred to by the
President of India.
 It settles disputes between States and various government authorities.
 The Supreme Court may take up cases on serious issues which demand immediate
attention on its own. This is called suo moto cognizance.
 India is a common law country. The laws declared by the Supreme Court are therefore
binding on all the courts in India, according to Article 141.

CHIEF JUSTICE OF INDIA

 The Chief justice of India simultaneously holds the positions of the Chief Justice of the
Supreme Court as well as the highest-ranking officer of the Indian federal judiciary.
 He is appointed by the President under Article 124(2) of the Constitution.
 The Chief justice is responsible for allocating cases and appointing constitutional benches
which deal with important matters of law.
 He remains in the office until the age of 65 years or 6 years in office, whichever is first
completed.
 He may act as President of India in case of an emergency when the offices of both the
President and the Vice President remain vacant.
 Only the President by impeachment order can remove him from his office. Such orders
are passed against him in both the Houses of the Parliament by a minimum of two-third
votes as given in article 124.
JUDGES OF SUPREME COURT

Appointment

 Judges of the Supreme Court are appointed by the President.

 The Chief Justice sends the panel of probable judges to the President through
collegiums. The appointments are made with the approval of the Central Government
by virtue of Article 124 (2) of the Constitution.

Qualifications

 Citizen of India.

 Experience of serving as the Judge of High Court for a minimum of five years or

 Experience as an advocate of the High Court for at least ten years or

 Considered by the President as a distinctive jurist.

Tenure

 A Supreme Court judge holds his office till sixty-five years of age unless he has
resigned or has been disqualified for any act of misbehaviour or for incapability of
holding his duties.

HIGH COURTS OF INDIA

Part VI, Articles 214 to 231 of the Indian Constitution deals with the High Courts. High Courts
in each State are established by Article 214. The Parliament of India has the authority to
establish one High Court for two or more States or Union Territories. There are four common
High Courts in the country. High Courts consist of a Chief Justice. Other judges are appointed by
the President as per the workload and such other credentials.

CONSTITUTIONAL REGULATION

Notwithstanding anything under Article 32, every High Court has the power of issuing writs
throughout the territory over which it has jurisdiction. Writs can be issued when the rights under
Part III (fundamental rights) of any person are violated or for other reasons and are issued to any
person or authority, including the government. Writs are of five types- habeas corpus,
mandamus, prohibition, quo warranto, and certiorari.

CHIEF JUSTICE OF HIGH COURT

Appointment

 The Chief Justices are appointed by the President with the consultation of the Chief
Justice of India and governor of that particular state under article 217.
 He is responsible for the allocation of cases and appointment of benches in a particular
state with the consultation of the two senior-most judges.

 The recommendation is sent to the Chief Minister, who advises the Governor to send the
proposal to the Union Law Minister.

Qualifications

 Citizen of India.
 Having an LLB/LLM degree or
 Having held a judicial office in India for 10 years or
 Been an advocate of a high court for 10 years.

Tenure

 He can serve his office till the age of sixty-five years, or the completion of six years in
office, whichever is earlier (provided he is not impeached).

JUDGES OF HIGH COURT

Appointment

 High Court judges are recommended by Collegium comprising the Chief Justice of

India and the two most senior judges.
  The President appoints the Judges by warrant under his hand and seals after
consultation with the Chief Justice of India, the Governor of the State, and the Chief
Justice of the High court,

Qualifications

 Should be a citizen of India.

 Should have worked as a judicial officer in India.

Tenure

 The Judges of High Courts shall hold office until he attains the age of sixty-two years
provided impeachment does not take place.

LOWER COURTS OF INDIA

The lower courts of India consist of two categories of courts—

 District court
 Village court (Nyaya Panchayat)

DISTRICT COURT

The State governments or the governments of Union Territories decide the structure of the
district courts taking into consideration factors like the number of cases, distribution of
population, the workload on judges, etc. They have jurisdiction on the district level.

VILLAGE COURT

 The village courts are also called Lok Adalats, Nyaya Panchayats, or Gram
Panchayats.
 The service of justice is extended to the villagers of India by a head who is mainly
known as a panch or sarpanch.
 Disputes are resolved at the micro-level by these courts.
JUDGES OF DISTRICT COURT

DISTRICT JUDGE

Appointment

 Appointed by the governor in consultation of the Chief Justice of the High Court.

Qualifications

 Minimum seven years of practice as a lawyer at the bar is required.

 Qualification of the Judiciary examination and interview.
 They can also be appointed by way of promotion of judges from subordinate district
courts if they fulfill the criteria of the minimum years of service.
 Removal from his office may be done by the governor on the confirmation of the
collegium of the high court.

ADDITIONAL DISTRICT JUDGE

 Can perform all the power of a session judge.

 He can fix the local limits of the jurisdiction area of a court.
 A minimum seven-year of practice is required and he has to pass the state judiciary
exam and interview.

CHIEF JUDICIAL MAGISTRATE /CHIEF METROPOLITAN MAGISTRATE

 Criminal matters at the district level are heard by the Chief judicial magistrate / Chief
metropolitan magistrate.
 He is allowed to try cases where the offences are punishable by imprisonment lesser
than 7 years.
 He also checks the functioning of the office of other magistrates in the district.
 Can inspect jail/lockup.
 He is empowered by the high court to try civil cases under valuation of ten thousand
rupees or punishable by imprisonment up to three years.
FIRST-CLASS JUDICIAL MAGISTRATE

 He is allowed to try those cases in which punishment is up to three years and the fine
is up to Rs. 3000.
 The qualification of the state judicial service examination and interview is needed to
hold this post.

SECOND CLASS JUDICIAL MAGISTRATE

 He is allowed to try those cases in which punishment is up to one year or fine is up to

Rs. 5000.
 Qualification of the State level judiciary exam is required to hold this post.