1.

Hierarchy of Courts
A hierarchy of courts is a system where courts are ranked according to their
authority and jurisdiction. This hierarchical structure ensures consistency and
fairness in the administration of justice.
Typical Hierarchy:
1. Supreme Court: The highest court in a country, often with the power to
review decisions of lower courts and declare laws unconstitutional.
2. High Courts: Intermediate appellate courts that hear appeals from lower
courts within their jurisdiction.
3. Lower Courts: Trial courts that handle a wide range of cases, such as
criminal, civil, and family law cases.
Key Points:
 Jurisdiction: Each court has a specific jurisdiction, or the authority to
hear and decide cases. This can be based on:
o Geographical Jurisdiction: The geographic area over which the
court has authority.
o Subject Matter Jurisdiction: The types of cases the court is
authorized to hear.
o Pecuniary Jurisdiction: The monetary value of the claims the
court can adjudicate.
 Original and Appellate Jurisdiction:
o Original Jurisdiction: The power of a court to hear and decide a
case for the first time.
o Appellate Jurisdiction: The power of a court to review decisions of
lower courts.
 Doctrine of Stare Decisis: This principle requires lower courts to follow
the decisions of higher courts within the same jurisdiction. It ensures
consistency and predictability in the application of law.
India has a hierarchical court system, with the Supreme Court at the apex. This
structure ensures a fair and efficient administration of justice. Let's delve into
each tier:
Supreme Court of India
The Supreme Court is the highest court of law. It was
established on January 28, 1950, under Article 124(1)
of the Constitution of India explained below:

1. The Supreme Court consists of the Chief Justice of

India and not more than thirty-three other judges.
2. Every judge of the Supreme Court shall be appointed
by the president by warrant under his hand & seal on
 the recommendation of the National Judicial
Appointments Commission.
Ad hoc judges can be appointed temporarily because
there is no quorum of permanent judges.
3. Once appointed, a judge holds office until he attains
65 years of age.
4. He may resign his office
5. By writing addressed to the President or
6. By order of the President after an address by each
House of Parliament supported by a majority of the
total membership of that house and by a majority of
not less than 2/3 of the members of the House present
and voting on the grounds of 'proven misbehaviour'
and 'incapacity'.
7. A person shall not be qualified for appointment as a
judge of the Supreme Court unless he is:
8. a citizen of India, and
9. b) either i) a distinguished jurist, ii) has been a High
Court judge for at least 5 years, or iii) has been an
Advocate of a High Court for at least 10 years.
 Constitutional Basis: Article 124 of the Indian Constitution.
 Original Jurisdiction:
o Disputes between the Centre and one or more States (Article 131)

o Disputes between two or more States (Article 131)

 Appellate Jurisdiction:
o Appeals from High Courts (Article 132)

o Appeals from special tribunals (Article 136)

o Special Leave Petitions (SLPs) against any judgment or order of any

court or tribunal (Article 136)
 Constitutional Jurisdiction: Power to interpret the Constitution.
 Advisory Jurisdiction: The President can seek the Court's opinion on any
question of law or fact (Article 143)

2. High Courts
This is the second most important court in the Indian judicial system. It
was established according to Article 214 of the Indian Constitution.

There are 25 High Courts in India.

Every High Court shall consist of a Chief Justice and other judges the
President may occasionally appoint.
Every Judge of a High Court shall be appointed by the President by warrant
under his hand and seal on the recommendation of the National Judicial
Appointments Commission and shall hold office,
in the case of an additional or acting Judge, as provided in article 224,
& any other case, until he attains the age of 62 years.
Provided that:
A Judge may, by writing addressed to the President, resign his office;
A Judge may be removed from his office by the President in the manner
provided in clause (4) of Article 124 for the removal of a Judge of the
Supreme Court;
The office of a Judge shall be vacated by his being appointed by the
President to be a Judge of the Supreme Court or by his being transferred
by the President to any other High Court within the territory of India.
A person shall not be qualified for appointment as a Judge of the High
Court:
Unless he is a citizen of India and
has for at least ten years held a judicial office in the territory of India or
has been an advocate of a High Court or two or more such courts in
succession for at least ten years.
However, High courts exercise their original civil and criminal jurisdiction
only if the courts subordinate to the high court in the State are not
competent (not authorized by law) to try such matters for lack of
pecuniary, territorial jurisdiction.
High courts may also enjoy original jurisdiction in certain matters
designated specifically in a state or Federal law. e.g., Company law cases
are instituted only in a high court.
As per Article 226 of the Constitution of India, the primary work of High
Courts includes appeals from lower courts and writ petitions.
Also, Writ Jurisdiction is the original jurisdiction of the High Court.
The particular territorial jurisdiction of each High Court varies.
The President appoints judges in a High court after consultation with the
Chief Justice of India, the governor of the State, and the High Court Chief
Justice.
The number of judges in a court is decided by dividing the average
institution of prominent cases during the last five years by the national
average or the average disposal rate of main points per judge per year in
that High Court, whichever is higher.
The Calcutta High Court is the oldest in the country, established on July 2,
1862.
 The Allahabad High Court is the most significant High Court, with a
sanctioned strength of 160 judges.
 Constitutional Basis: Article 214 of the Indian Constitution.
 Original Jurisdiction:
o Suits against the government (Article 226)

o Admiralty jurisdiction

o Writs (Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo

Warranto) (Article 226)
 Appellate Jurisdiction:
o Appeals from lower courts within its territorial jurisdiction

o Revisional jurisdiction over subordinate courts

4. Subordinate Courts

The hierarchies of courts that lie subordinate to High Courts are referred
to as subordinate courts.

It is for the state governments to enact for the creation of subordinate

courts.
The nomenclature of these subordinate courts differs from state to state,
but the organisational structure is broadly uniform.
There are district courts and appellate jurisdictions in each district.
In each district, there are various types of subordinate or lower courts.
They are:
Civil courts,
Criminal courts and
Revenue courts.
These courts are under administrative control of the High Court of the
State to which the district concerned belongs.

 District Courts

The District Courts are the most essential courts in the Indian judicial
system. These courts deal with cases in the District, consider appeals on
decisions made by the lower courts, and decide on matters involving
serious criminal offences. Understand the types below:

 Civil Courts

Civil cases pertain to disputes between two or more persons regarding

property, breach of agreement or contract, divorce or landlord-tenant
disputes.
Civil Courts settle these disputes. They do not award any punishment for
violation of law, which is not involved in civil cases.
 Disputes relating to property, succession, ownership, and other rights fall
under the jurisdiction of Civil Courts, which dispose of these cases in
accordance with the Civil Procedure Code.

 Criminal Courts

Criminal cases are related to the violation of laws.

These cases involve theft, dacoity, rape, pickpocketing, physical assault,
murder, etc. These cases are filed in the lower court by the police, on
behalf of the state, against the accused.
In such cases, the accused is punished with a fine, imprisonment, or even
death sentence if found guilty.
The criminal courts dispose of these cases in accordance with the Criminal
Procedure Code and Indian Penal Code.

 Revenue Courts
Revenue courts deal with cases of land revenue in the State.
The highest revenue court in the district is the Board of Revenue.
Under it are the Courts of Commissioners, Collectors, Tehsildars and
Assistant Tehsildars.
The Board of Revenue hears the final appeals against all the lower
revenue courts under it.

 Village Courts/Lok Adalat

Lok Adalat (people's court), also known as Village courts or Nyaya

Panchayat (justice of the villages), is an alternative dispute resolution
system. Understand below:

Village courts were recognized through the 1888 Madras Village Court Act,
then developed (after 1935) in various provinces and (after 1947) in Indian
states.
The Gujarat model of courts with a judge and two assessors was used from
the 1970s onwards.
The 2008 Gram Nyayalayas Act foresaw 5,000 mobile courts in the
country to judge petty civil/property and criminal cases.
However, the Act has not been appropriately enforced, with only 151
functional Gram Nyayalayas in India against a target of 5000.
Financial constraints and the reluctance of lawyers, police, and other
government officials to enforce the law are the primary reasons behind
the non-enforcement.
How the Hierarchy Works
 Appeal Process: A dissatisfied party can appeal a lower court's decision
to a higher court.
 Binding Precedents: Decisions of higher courts are binding on lower
courts within the same jurisdiction.
 Judicial Review: The Supreme Court and High Courts can review the
constitutionality of laws and government actions.
 This hierarchical structure ensures that justice is administered consistently
and fairly across the country, with the Supreme Court as the ultimate
guardian of the Constitution.

2. Role of Judges
Judges play a pivotal role in the administration of justice. Their
responsibilities are multifaceted and crucial to the functioning of a
legal system. Here's a detailed breakdown of their roles:
1. Interpreting Laws
 Statutory Interpretation: Judges analyze the language of statutes
to determine their meaning and intent.
 Common Law Interpretation: They develop and apply legal
principles based on previous case law, creating precedents for
future cases.
 Constitutional Interpretation: Judges interpret the constitution to
determine the validity of laws and government actions.
2. Adjudicating Disputes
 Fact-Finding: Judges listen to evidence presented by both sides
and determine the facts of the case.
 Law Application: They apply relevant legal principles to the
established facts.
 Decision-Making: Judges render judgments or verdicts, which may
involve awarding damages, issuing injunctions, or imposing
penalties.
3. Ensuring Fairness
 Impartiality: Judges must be unbiased and impartial in their
decision-making.
 Due Process: They ensure that all parties involved in a case
receive a fair hearing.
 Equal Protection: Judges must treat all parties equally under the
law, regardless of their social or economic status.
4. Preserving Legal Principles
 Balancing Competing Interests: Judges must weigh the interests
of different parties and make decisions that promote justice and
fairness.
 Adapting to Changing Circumstances: They must be open to
adapting legal principles to changing social and economic
conditions.
  Promoting Social Justice: Judges can use the law to address social
and economic inequalities.
5. Maintaining Public Confidence
 Ethical Conduct: Judges must maintain high ethical standards and
avoid any appearance of impropriety.
 Transparency: They must be transparent in their decision-making
processes and provide clear and concise explanations for their
rulings.
 Accountability: Judges are accountable to the public and must be
willing to justify their decisions.
6. Protecting Rights and Liberties
 Fundamental Rights: Judges safeguard fundamental rights
enshrined in the constitution, such as the right to life, liberty, and
equality.
 Judicial Review: They can review the constitutionality of laws and
government actions to ensure they do not infringe upon individual
rights.
7. Contributing to Legal Development
 Creating Precedents: Judges shape the development of the law
through their decisions, which can be cited in future cases.
 Clarifying Ambiguities: They interpret laws to resolve ambiguities
and inconsistencies.
 Filling Legal Gaps: In some cases, judges may need to develop
new legal principles to address issues not explicitly covered by
existing laws.
In essence, judges are the guardians of justice, ensuring that laws are
interpreted and applied fairly and impartially.
They play a vital role in upholding the rule of law and protecting the
rights of individuals and society as a whole

3. Writ Remedies
Writ remedies are extraordinary legal remedies issued by high courts to protect
fundamental rights and enforce legal obligations. They are typically used in
cases where ordinary legal remedies are insufficient or ineffective. Writ remedies
are powerful tools in the Indian legal system to protect fundamental rights and
ensure the proper functioning of government institutions. These writs are issued
by the Supreme Court under Article 32 and by High Courts under Article 226 of
the Indian Constitution.

Common Writ Remedies:

 1. Habeas Corpus: This writ is used to challenge the unlawful detention of a
person. It requires the detaining authority to produce the person before
the court and justify their detention.
2. Mandamus: This writ is used to compel a public official or government
agency to perform a legal duty. It is often used to challenge administrative
decisions or actions that are illegal or unreasonable.
3. Certiorari: This writ is used to order a lower court to transfer the records
of a case to a higher court for review. It is typically used to review
decisions of lower courts that raise important legal questions or involve
significant public interest.
4. Prohibition: This writ is used to prohibit a lower court from exceeding its
jurisdiction. It is often used to prevent lower courts from making decisions
that are beyond their authority.
5. Quo Warranto: This writ is used to challenge the legality of a public
office. It is often used to challenge the election or appointment of public
officials.
Types of Writs
1. Habeas Corpus:
o Meaning: "Produce the body."

o Purpose: To challenge the unlawful detention of a person.

o Who can file: Any person can file a petition on behalf of the
detained person.
o Jurisdiction: Supreme Court (Article 32) and High Courts (Article
226)
2. Mandamus:
o Meaning: "We command."

o Purpose: To compel a public official or government agency to

perform a public duty.
o Who can file: Any aggrieved person can file a petition.

o Jurisdiction: Supreme Court (Article 32) and High Courts (Article

226)
3. Prohibition:
o Purpose: To prohibit a lower court from exceeding its jurisdiction.

o Who can file: A person whose rights are likely to be affected by

the lower court's actions.
o Jurisdiction: Supreme Court (Article 32) and High Courts (Article
226)
4. Certiorari:
 o Meaning: "To be certified."

o Purpose: To quash the order of a lower court if it has acted without

jurisdiction or made an error of law.
o Who can file: A person aggrieved by the lower court's order.

o Jurisdiction: Supreme Court (Article 32) and High Courts (Article

226)
5. Quo Warranto:
o Meaning: "By what authority."

o Purpose: To challenge the legality of a person's claim to a public

office.
o Who can file: Any citizen can file a petition.

o Jurisdiction: Supreme Court (Article 32) and High Courts (Article

226)
Significance of Writs
 Protection of Fundamental Rights: Writs are essential tools to protect
fundamental rights enshrined in Part III of the Indian Constitution.
 Check on Government Power: They act as a check on the arbitrary
exercise of power by government officials and agencies.
 Ensuring Good Governance: Writs help ensure that public authorities
act fairly, transparently, and in accordance with the law.
 Access to Justice: They provide an effective remedy for individuals who
may not have access to other legal remedies.
Key Points:
 Extraordinary Nature: Writ remedies are not routinely granted. They are
typically reserved for cases of significant public importance or individual
rights violations.
 Strict Procedural Requirements: There are strict procedural
requirements for filing a writ petition, including time limits, form, and
content.
 Discretionary Power of the Court: The court has the discretion to grant
or deny a writ petition based on the merits of the case.
 Remedial Nature: Writ remedies are primarily used to provide relief to
the petitioner, such as releasing a person from unlawful detention or
compelling a public official to perform a duty.
By understanding these legal institutions and processes, we can better
appreciate the role of law in society and how it impacts our lives.
By understanding the nature and purpose of these writs, citizens can effectively
utilize the legal system to protect their rights and seek justice.