India’s judiciary operates within a hierarchical framework, ensuring justice through a structured system of courts. This system comprises the Supreme Court at the apex, followed by High Courts at the state level, and Subordinate Courts at the district and lower levels. Understanding the roles, jurisdictions, and functions of High Courts and Subordinate Courts is essential for comprehending India’s legal landscape.

MEANING, DEFINITION & EXPLANATION

• High Courts: Established under Part VI, Chapter V of the Indian Constitution, High Courts are the principal civil courts of original jurisdiction in each state and union territory. They possess appellate authority over Subordinate Courts and have the power to issue writs under Article 226 of the Constitution. High Courts ensure the uniform application of law within their territorial jurisdiction.

• Subordinate Courts: Operating under the supervision of High Courts, Subordinate Courts include District Courts and other lower courts. They handle the majority of civil and criminal cases, serving as the first point of contact for litigants. These courts ensure that justice is accessible at the grassroots level.

HISTORICAL BACKGROUND / EVOLUTION

The Indian judicial system has its roots in the British colonial era. The establishment of the Mayor’s Courts in Madras, Bombay, and Calcutta in 1726 marked the beginning of formalized courts in India. The Indian High Courts Act of 1861 led to the creation of High Courts in these cities, replacing the Supreme Courts and Sadar Adalats. Post-independence, the Constitution of India established a unified judicial system, with the Supreme Court at the top, followed by High Courts and Subordinate Courts.

STRUCTURE AND HIERARCHY

The Indian judiciary follows a hierarchical structure:

1. Supreme Court of India: The apex court with ultimate appellate authority.

2. High Courts: Each state or group of states has a High Court. For instance, the Allahabad High Court serves Uttar Pradesh, while the Punjab and Haryana High Court serves both Punjab and Haryana.

3. Subordinate Courts: These include District Courts, Sessions Courts, and other lower courts functioning under the High Courts.

JURISDICTION AND FUNCTIONS

• High Courts:

  • Original Jurisdiction: In certain matters, such as company law cases, High Courts have original jurisdiction. For example, the Calcutta High Court has original jurisdiction over cases arising within its territorial limits.

  • Appellate Jurisdiction: They hear appeals against judgments from Subordinate Courts. For instance, in the case of Keshav Singh’s Case, the Allahabad High Court dealt with issues concerning legislative privileges and judicial review.

  • Writ Jurisdiction: Under Article 226, High Courts can issue writs for the enforcement of fundamental rights and other legal rights. In Bandhua Mukti Morcha v. Union of India, the Supreme Court emphasized the power of High Courts under Article 226 to address violations of fundamental rights.

• Subordinate Courts:

  • District Courts: Handle civil and criminal cases at the district level. For example, the District Court in Lucknow deals with cases arising within its jurisdiction in Uttar Pradesh.

  • Sessions Courts: Primarily deal with serious criminal offenses. In State of Maharashtra v. Sukhdev Singh, the Sessions Court’s role in conducting fair trials was highlighted.

  • Magistrate Courts: Handle minor civil and criminal matters. For instance, Magistrate Courts in Delhi deal with petty offenses and preliminary hearings.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

• Appointment of Judges:

  • High Courts: Judges are appointed by the President of India in consultation with the Chief Justice of India and the Governor of the respective state, as per Article 217 of the Constitution. For example, Justice Sanjiv Khanna was appointed as the Chief Justice of India following this procedure.

  • Subordinate Courts: Judges are appointed by the Governor in consultation with the High Court, following the procedures laid down by the respective state public service commissions. In Uttar Pradesh, the Public Service Commission conducts examinations for the appointment of civil judges.

• Jurisdictional Limits:

  • Pecuniary Jurisdiction: Courts have monetary limits defining the maximum value of cases they can adjudicate. For instance, Munsif Courts may handle cases involving amounts up to ₹1 lakh, while District Courts can handle higher-value cases.

  • Territorial Jurisdiction: Defines the geographical area within which a court can exercise its authority. For example, the Madurai Bench of the Madras High Court has jurisdiction over southern districts of Tamil Nadu.

CASE LAWS / PRECEDENTS

• L. Chandra Kumar v. Union of India (1997): The Supreme Court held that the power of judicial review vested in High Courts under Articles 226 and 227 is an integral and essential feature of the Constitution, constituting part of its basic structure.

• Naresh Shridhar Mirajkar v. State of Maharashtra (1966): This case emphasized the inherent powers of High Courts to act ex debito justitiae to do real and substantial justice.

DOCTRINES / THEORIES

• Doctrine of Judicial Review: Empowers High Courts and the Supreme Court to examine the constitutionality of legislative acts and executive orders. In Kesavananda Bharati v. State of Kerala, the Supreme Court asserted its authority to review and strike down constitutional amendments that alter the basic structure of the Constitution.

• Doctrine of Precedent: Ensures that lower courts follow the legal principles established by higher courts in previous judgments, maintaining consistency and predictability in the law. For instance, the decision in Maneka Gandhi v. Union of India set a precedent on the interpretation of the right to life and personal liberty.