Hierarchy of Civil Courts in India
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Hierarchy of Civil Courts in India

Hierarchy of Civil Courts in India

Hierarchy of Civil Courts in India, the judicial system in India is the guardian of the Constitution of India. There are various types of courts in India and each court has different powers and authorities depending upon the jurisdiction and authority conferred on them by the Indian Constitution.

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hierarchy of civil courts in india,
Hierarchy of Civil Courts in India

How many types of courts are there in India? There are various levels of judiciary in India, and a hierarchy of civil courts in India CPC are;

  • Supreme Court
  • High Courts
  • District Courts
  • Lower Courts

These are the Hierarchy of Civil Courts in India and the different types of courts in India. Let's discuss them one by one;

Supreme Court

Supreme Court of India is the Apex court in India and it is the highest and final court of appeal in India. The Supreme Court has its Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction.

Article 124 (1) of the Constitution of India, it is stated that there shall be a Supreme Court of India constituting a Chief Justice of India. In the initial days, the Supreme Court of India consists of the Chief Justice of India and other seven judges. Now, the Supreme Court of India has the maximum possible strength of 34 judges but, there are currently 28 judges including the Chief Justice of India.

Appointment of Judges

The President of India does the appointment of Supreme Court Judges. The President of India appoints the judges of the Supreme Court of India in consultation with the Chief Justice of India and also with other existing judges of the Supreme Court regarding such appointments.

Therefore, for the appointment of the Chief Justice of India, the President of India shall consult with other judges in the Supreme Court and the High Courts. Similarly, the other Supreme Court judges can be appointed by the President of India in consultation with the Chief Justice of Indian and other judges of the Supreme Court and High Courts.

Eligibility for Judges of the Supreme Court

  1. A person to be eligible for a judge in Supreme Court must be a Citizen of India.
  2. A person should have been at least five years judge of a High Court or of two or more courts in succession.
  3. A person should have practising experience as an advocate of the High Court for the last ten years or of two or more such courts in succession.
  4. A person should be in the opinion of the President of India an eminent jurist.

Powers of the Supreme Court of India

  1. The Supreme Court has the power under article 129 of the Indian Constitution to punish any person for contempt of the court.
  2. The Supreme Court has the power to examine the legislative enactments and executive orders whether they are consistent with the provisions enumerated in the Consitution of India or not.
  3. The Supreme Court has the power to make inquiries about the conduct and behaviour of Union Public Service Commission (UPSC) members.
  4. The Supreme Court has the power of Judicial Review and this power is guaranteed under article 32 and article 136 of the Consitution of India.
  5. The Supreme Court is a deciding authority in the election of the President and the Vice President.
  6. The Supreme Court of India has the power guaranteed under article 134 of the Indian Consitution which empowers the Supreme Court to withdraw cases from a High Court.
  7. Article 126 of the Constitution states that when the office of the Chief Justice of India is vacant or when the Chief Justice of India is by any reason of absence or otherwise unable to perform his duties of the office, then the President of India may appoint a judge of the Supreme Court to dispense the duties of the office.
  8. The Supreme Court of India has power guaranteed under article 127 of the Consitution of India which empowers the Chief Justice of India can recommend a judge of the High Court as an Adhoc Judge in the Supreme Court to the President for such appointment if at any time there is a lack of quorum of judges in the Supreme Court.
  9. The Supreme Court of India has the power enumerated under Article 128 of the Indian Consitution which states that the Chief Justice of India at any time with prior consent for the President and the person to be so appointed can appoint any person who had previously held the office of judge of the Supreme Court.
  10. Under Article 137 of the Constitution, the Supreme Court has the power of revisory jurisdiction which means the Supreme Court has the power to review its own judgment and order.
  11. The Supreme Court is a Court of Record because its judgments are of evidentiary value and cannot be questioned in any court.

High Courts

In the Constitution of India, Article 214 provides that there shall be a High Court for each State. Therefore, the High Court is constituted in each State. Whereas, in Maharashtra, there is the Bombay High Court in Mumbai and two other High Court Benches one is High Court Bench at Aurangabad and another one is High Court Bench at Nagpur. The High Court has the Original, Appellate and Advisory Jurisdiction.

Appointment of Judges in the High Court

The High Court is constituted of one Chief Justice and several other judges. Whereas, the President of India, appoints the Chief Justice of the High Court in consultation with the Chief Justice of India while the other High Court judges were appointed by the President in consultation with the Governor of the State, the Chief Justice of the High Court of the State and Chief Justice of India.

Eligibility for High Court Judges

A person can be appointed as a judge in the High Court when the following conditions are fulfilled;

  1. The person to be appointed as a judge in High Court must be an Indian Citizen,
  2. If the person had held the judicial office in the territory of India.
  3. The person must be at least an advocate for 10 years in the High Court or two or more High Courts in succession.
  4. The age of the person to be appointed should be below 62 years.

Powers of the High Court

  1. Article 226 of the Consitution of India provides that a person can directly file a petition in the High Court in the case of violating the Fundamental Rights of the individual person.
  2. The High Court has the power to entertain matters relating to marriage/divorce cases or election-related cases. These matters can be directly filed in the High Court.
  3. The High Court can punish any person for contempt of court.
  4. The High Court has the revisional power to review the cases of the lower court and give its judgment accordingly.
  5. The High Court has the power to exercise its Original jurisdiction, Appellate jurisdiction, Supervisory power over the lower courts and Administrative jurisdiction.
  6. The High Court is a court of record and its judgments have evidentiary value for the Subordinate Courts can challenge them.

District Courts

District Court is a court constituted in each district. By considering the number of civil cases and population in the district, the State Government can establish the District Court in each district or two or more Districts. The District Court is the district's highest court of appeal, and the appeals from the District Courts lay down in the High Court of the State.

When the District Court exercises its jurisdiction in civil cases under the procedure specified in the Code of Civil Procedure, 1908, it is referred to as District Court or District Judge and when the District Court exercises its jurisdiction in criminal cases under the procedure laid down in the Code of Criminal Procedure, 1973, it is referred as Sessions Court.

Further, the High Court has the power to appoint judges in Additional Sessions Judges and Assistant Sessions Judges for criminal matters and in civil cases, the High Court can appoint Additional District Judges.

Appointment of District Judges

The District Court is presided over by a District Judge and these courts administer the judiciary system at a district level.

The judges in the District Court are appointed by the State Governor in consultation with the Chief Justice of the High Court.

Therefore, these District Courts are under the administrative and judicial control of the High Court of State.

Eligibility of Judges in District Court

A person can be appointed as a judge in the District Court when the following conditions are fulfilled;

  1. The person to be appointed as a judge in District Court must be an Indian Citizen,
  2. The person must be at least an advocate for 7 years.

Powers of the District Court

  1. The District Court is the highest in the district. The District Court can hear criminal cases, civil cases, cases relating to domestic and accidental claims etc.
  2. The District has the power and authority in criminal cases to give any punishment including Capital punishment specified in the Indian Penal Code, 1860 with the prior permission of the High Court.
  3. The District Court has the power to hear and decide any civil matter within the jurisdiction of any valuation of the subject matter in issue.

Lower Courts

The Court of Civil Judge Junior Division (CJJD) is the lowest level of court in deciding civil cases in India. Whereas, the Court of Civil Judge Senior Division (CJSD) is at the middle of the hierarchy of civil courts in the District.

The Court of Civil Judge Senior Division has the authority to try civil cases of any value. Whereas, the Court of Civil Judge Juinor Division has the authority to entertain civil cases up to 5 Lakh Rupees valuation in the State of Maharashtra.

Appointment of Judges in Lower Courts

The judges in the Court of Civil Judge Junior Division and Civil Judge Senior Division are appointed by the State Governor in consultation with the Chief Justice of the High Court.
Therefore, these lower courts are under administrative control and authority of the High Court of State.

Eligibility of Judges in Lower Courts

A person can be appointed as a judge in the Court of Civil Judge Junior Division when the following conditions are fulfilled;

  1. The person to be appointed as a judge in the Court of Civil Judge Junior Division must be an Indian Citizen,
  2. An applicant must have done an LL.B. (Bachelor of Laws) or LL.M. (Mater of Laws) with a minimum of 55% from any university which was recognised by the State Government or Central Government.
  3. The age limit is 21 to 35 years and also relaxation in age is provided to the reserved categories.

Powers of Lower Courts

  1. The Court of Civil Judge Junior Division has the power to try any civil suit whose valuation is up to Rupees 5 Lakh.
  2. The Court of Civil Judge Senior Division has the power to try any civil suit.
  3. The Court of Civil Judge Junior Division can extend its jurisdiction in all original suits and proceedings.

Frequently Asked Questions

What is the hierarchy of civil courts in India?

The three levels of judiciary in India are divided as follows; - District, that is, District and Sessions Courts, State, that is, High Courts, and the Supreme Court at the top.

What is the hierarchy of courts?

The Judicial System in India is divided into three categories - the Apex Court or the Supreme Court of India, the High Courts in respective states and union territories and lower courts at the district level. The Supreme Court is the highest level of the Indian judicial system

Which is the lowest court in India?

The tier system of courts exists in India. Under the District and the Sessions Court, there are many other courts. On the civil side, the court of Civil Judge is at the lowest level. The court of the Judicial Magistrate is at the lowest level on the Criminal front.

Conclusion

Hierarchy of Civil Courts in India, the judicial system in India is the guardian of the Constitution of India. There are various types of courts in the hierarchy of civil courts in India and each court has different powers and authorities depending upon the jurisdiction and authority conferred on them by the Indian Constitution.

Referred Books:

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