The emergence of the court has a long history. It refers to a body of people headed by a judge. It evolves from informal to formal setup or system. In a common system as well as the civil system, the court has been a main feature of the state. Court function by interpreting existing laws and deliver just and fair decision. It is necessary to understand the structure of the court to approach it and avail the benefit of it. In the following paper, we would be discussing the hierarchy of court and judicial system in the context of India. Three bodies of the state are Judiciary, Executive and Legislative. Judiciary is independent of the other two.
STRUCTURE OF COURT IN INDIA
The court structure in India is hierarchical. Supreme Court holds the top position in this structure. Under Supreme Court we have different High courts. District or subordinate or lower court is at the lowest level of the hierarchy. These courts derive their power from the Constitution of India, which mentions their jurisdiction, power, etc.
This is the highest level of court of in India judicial system. It is located only in capital of the country, Delhi. It not only takes cases that came through high court but also see the dispute between two or more states. It also deals in a matter of dispute between union government and any of its state. Supreme Court has original as well as appellant jurisdiction. It also undertakes or accepts writ petition with such occurrence of such activities that has resulted in violated of Fundamental Right of that person. Under Article 32 of the India Constitution such right is given to a person. Moreover, court may also hear or accept some serious issues that need an urgent or immediate attention.
Supreme Court is headed by Chief Justice of India. Current chief justice of India is Sharad Arvind Bobde. It is constituted as per Part V, Chapter IV of the Indian Constitution. From Article 124 to Article 147 of the Indian Constitution, all provision concerning Supreme Court 9 (like jurisdiction, composition, etc.) is mentioned.
According to the Indian Constitution, each state or more than one state is required to have one High Court over it. It is below the Supreme Court and above lower or district court. Decisions of the Supreme Court are binding on it. Whereas, decisions of other High Courts hold persuasive value on each other. Its jurisdiction is limited to that particular state of a group of state or Union Territory. It has original jurisdiction and also acts as an appellant court in its territory. It accepts the writ petition which is filed when there is a violation of the fundamental right of the concerned person. This is given in Article 226 of the Indian Constitution.
The requirement of the district court is dependent upon factors like population, number of cases, etc. At the discretion of the State government, it is decided where the court may establish. Each district or two or more district is required to have one court over it. The decision of district court is subject to review by its respective High court.
Civil court Criminal Court Revenue court
District Judge District and Session Judge Board of Revenue
Author Details: Dikshi Arora (B.A. LL.B Student, Rajiv Gandhi National University of Law, Patiala)