Court Structure in India: Supreme Court, High Courts and District Courts

If you clear the Civil Judge Exam, which court will you sit in, and who will hear the appeal against your order? Every aspirant should be able to answer this before writing the first paper. It is also a favourite starting point for the Prelims.

This blog draws on two sources: a Lloyd Law College article on the Indian judicial system and an explainer on district courts. Together they show how the courts fit together, from the top of the ladder to the bottom.

Three tiers in one line

The Lloyd Law College article says the Indian judicial system consists of the Supreme Court, the High Courts and the Subordinate Courts. The rest of this blog follows that order.

The Supreme Court

The Supreme Court is at the top. According to the article, Article 124(1) sets its composition at 34 judges including the Chief Justice of India.

Who can become a judge. Article 124(3), as described in the source, requires an Indian citizen who has five years' experience as a High Court judge, or ten years as a High Court advocate, or who is a distinguished jurist in the opinion of the President.

Tenure. A judge serves until the age of 65. Under Article 124(4), a judge leaves office by resignation, death or impeachment.

Powers. The article lists several types of jurisdiction. Original jurisdiction is exercised under Article 131. The court also hears appeals in constitutional, civil and criminal matters and has advisory jurisdiction on matters of national interest. It is a court of record and can punish for contempt, as Article 129 provides.

The High Courts

The President appoints the Chief Justice of a High Court after consultation with the Chief Justice of India and the Governor of the state. Additional judges are appointed according to the needs of each court.

Qualification. The article cites Article 217 and describes the requirement as ten years of judicial experience or the same period as a High Court advocate.

Tenure. A High Court judge serves until the age of 62. A judge can leave by resigning to the President, by elevation to the Supreme Court, by transfer to another High Court, or by removal by presidential order.

Jurisdiction. The article lists original jurisdiction in matters such as marriage, wills, contempt and enforcement of fundamental rights. High Courts also issue writs, hear appeals as the highest court in the state, and supervise the lower courts and tribunals in their territory, a power the article says should be used carefully and rarely.

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Court of record. Under Article 215, the orders of a High Court are recorded permanently, and its decisions bind the courts below it.

A quick comparison

District courts: the court you may join

The Lloyd Law College article says there are 672 district courts in India. A district judge presides, and the Supreme Court and High Courts oversee subordinate courts judicially and administratively.

The district explainer adds several useful details.

One court, two faces. A District Court is the principal court of original civil jurisdiction in the district. In civil matters it ranks just below the High Court. When it hears criminal cases, the same court sits as the Court of Sessions and works under the Bharatiya Nagarik Suraksha Sanhita.

Who leads it. The District and Sessions Judge is the judicial head of the district. The explainer says the Governor appoints this judge in consultation with the Chief Justice of the High Court. Additional and Assistant District Judges have jurisdiction equal to the District Judge, but the District Judge controls work allocation.

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How judges are appointed. Judges of the lower subordinate courts are appointed by the Governor after consultation with the High Court Chief Justice. A District Judge can come directly through the Higher Judicial Service, which requires at least seven years of practice as an advocate, followed by a written examination and interview conducted by the High Court. The other route is promotion from the subordinate judicial service after the minimum tenure.

Cities with a large population. In a city declared a metropolitan area, with a population of more than 10 lakh, the District Judge is called the Metropolitan Sessions Judge, and the lower courts get the prefix "Metropolitan", such as Metropolitan Magistrate.

What sits below the District Court

The explainer describes two ladders.

The Lloyd Law College article also mentions district judges, senior civil judges and junior civil judges as part of the district structure, and judicial magistrates of the first and second class within the Sessions structure. Your state's rules decide the exact titles, so match them to your state's syllabus.

What each court decides

The explainer says civil jurisdiction of the District Court, both territorial and financial, is set by state enactments on civil courts. Criminal jurisdiction comes exclusively from the criminal procedure law. As a Sessions Court, the District Court can impose the death sentence, the maximum punishment.

The District Court also hears appeals from the subordinate courts in the district in both civil and criminal matters. Some civil and criminal matters lie only within its original jurisdiction, so the courts below cannot hear them.

The path of an appeal

An appeal from the District Court goes to the High Court. A party unhappy with the High Court can go to the Supreme Court. The explainer adds that the Supreme Court may grant special leave to appeal under Article 136, which in exceptional cases can allow an appeal directly from a District Court decision.

Why independence matters

The Lloyd Law College article ends with a reminder of the purpose of all this. Disputes between individuals, groups and the government need impartial courts that are free from executive and legislative pressure. It quotes the idea that the prime responsibility of the judiciary is to protect the rule of law and ensure its supremacy.

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Frequently Asked Questions

Q1. How many judges does the Supreme Court have under Article 124(1), as per the source?

34, including the Chief Justice of India.

Q2. At what age do Supreme Court and High Court judges retire?

65 for the Supreme Court and 62 for a High Court, as per the source.

Q3. Which article gives the Supreme Court original jurisdiction?

Article 131.

Q4. Which article makes the High Court a court of record?

Article 215. For the Supreme Court, the article is 129.

Q5. What are the two roles of a District Court?

A civil court with original jurisdiction, and a Court of Sessions in criminal matters.

Q6. Who heads the district judiciary?

The District and Sessions Judge, appointed by the Governor after consulting the High Court Chief Justice.

Q7. What experience is needed for direct recruitment as District Judge?

At least seven years of practice as an advocate, followed by a written examination and interview.

Q8. What is a Metropolitan Sessions Judge?

The title of the District Judge in a metropolitan city, meaning one with a population above 10 lakh.

Q9. Name the three levels of subordinate civil courts.

Junior Civil Judge, Principal Junior Civil Judge and Senior Civil Judge (Sub-Court).

Q10. Where does an appeal from a District Court go?

To the High Court, and then to the Supreme Court. Article 136 allows special leave to appeal in exceptional cases.

Conclusion

Once you can name each court, its judge, the governing article and the route of appeal, a large set of Prelims questions becomes free marks. Draw the ladder from memory once a week until it becomes automatic.

At Aashayein Judiciary, Nitesh Sir helps students learn this ladder first, because much else hangs on it. To prepare for the Civil Judge Exam, PCS J Exam and APO Exam, use our Judiciary Study Material, PYQ practice and Mock Test series with Online Judiciary Coaching.