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Supreme Court
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction includes any dispute between the Centre and State(s) or between States as well
as matters concerning enforcement of fundamental rights of individuals. The appellate
jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court
concerned in respect of any judgment, decree, or final order of a High Court, in both civil
and criminal cases, involving substantial questions of law as to the interpretation of the
Constitution or any law. The appellate jurisdiction of the Supreme Court can also be invoked
through the residuary power of Special Leave Petition, which is to be exercised only in cases
when any substantial question of law is involved, or gross injustice has been done. Supreme
Court decisions are binding on all Courts/Tribunals in the country and act as precedence for
lower courts. Under Article 141 of the Constitution, all courts in India are bound to follow
the decision of the Supreme Court as the rule of law. Further, Article 142 of the Constitution
empowers the Supreme Court to pass any order as may be necessary for doing complete
justice between the parties. The Supreme Court, has over the years, frequently relied upon
Article 142 to meet the ends of justice, and introduced the concepts of absolute liability,
prospective application of a particular judgment, etc.
High Courts
High Courts have jurisdiction over the States in which they are located. There are at present,
25 High Courts in India. However, few of the High Courts have jurisdiction over more than
one State or Union Territories: Bombay (Mumbai) High Court, Calcutta High Court (Kolkata),
Guwahati High Court, High Court of Judicature at Hyderabad, Madras (Chennai) High Court
and Punjab and Haryana High Courts. For instance, the Bombay High Court is located at
Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction covers the
States of Maharashtra and Goa, and the Union Territories of Dadra and Nagar Haveli as well
as Daman and Diu. Predominantly, High Courts can exercise only writ and appellate
jurisdiction, but a few High Courts have original jurisdiction and can try suits. High Court
decisions are binding on all the lower courts of the State over which it has jurisdiction.
District Courts
District Courts in India take care of judicial matters at the District level. Headed by a judge,
these courts are administratively and judicially controlled by the High Courts of the
respective States to which the District belongs. The District Courts are subordinate to their
respective High Courts. All appeals in civil matters from the District Courts lie to the High
Court of the State. There are many secondary courts also at this level, which work under the
District Courts. There is a court of the Civil Judge as well as a court of the Chief Judicial
Magistrate. While the former takes care of the civil cases, the latter looks into criminal cases
and offences.
Lower Courts
In some states, there are some lower courts (below the district courts) called Munsif’s
courts and small causes courts. These courts only have original jurisdiction and can try suits
Hierarchy of Courts in India
up to a small amount. Thus, Presidency- Small Causes Courts cannot entertain a suit in
which the amount claimed exceeds Rs. 2,000. However, in some States, civil courts have
unlimited pecuniary jurisdiction. Judicial officers in these courts are appointed on the basis
of their performance in competitive examinations held by the various States’ Public Service
Commissions.
Commercial Courts
Commercial Courts, Commercial Appellate Divisions as well as Commercial Divisions in High
Courts were constituted under Commercial Courts Act, 2015 throughout India to specifically
deal with matters pertaining to “commercial disputes” of a value more than Rs.3,00,000,
arising out of a wide range of transactions, including export/import, maritime, franchising,
distribution & licensing, consultancy, joint venture, intellectual property, insurance,
investment agreements etc. as specified in the Commercial Courts Act, 2015. The procedure
followed by Commercial Courts is different and stricter in some aspects than the procedure
as applicable to adjudication process of other civil disputes in general.
Tribunals
Special courts or Tribunals also exist for the sake of providing effective and speedy justice
(especially in administrative matters) as well as for specialized expertise relating to specific
kind of disputes. These Tribunals have been set up in India to look into various matters of
grave concern. The Tribunals do not have to follow any uniform procedure as laid down
under the Civil Procedure Code or the Indian Evidence Act but they have to follow the
principles of Natural Justice. The Tribunals that need a special mention are as follows:
Income Tax Appellate Tribunal
Central Administrative Tribunal
Intellectual Property Appellate Tribunal, Chennai
Railways Claims Tribunal
Appellate Tribunal for Electricity
Debts Recovery Tribunal
Central Excise and Service Tax Appellate Tribunal
National Company Law Tribunal
Telecom Disputes Settlement Appellate Tribunal
Competition Appellate Tribunal
For instance, the Rent Controller decides rent cases, Family Courts try matrimonial and child
custody cases, Consumer Tribunals try consumer issues, Industrial Tribunals and/or Courts
decide labour disputes, Tax Tribunals try tax issues, etc. The National Company Law Tribunal
(NCLT) has been established to streamline and effectuate the liquidation proceedings of
Hierarchy of Courts in India
companies, dispute resolution and compliance with certain provisions of the Companies Act,
2013.