Integrated Judicial System in India

The Constitution of India establishes a single integrated system of courts for both the Union and the States, unlike the double system in the United States. Under this framework:

• Both Union laws and State laws are administered by the same system of courts.

• At the apex stands the Supreme Court of India.

• Below it are the High Courts of the various States.

• Under each High Court exists a hierarchy of subordinate courts, as mentioned in Articles 233–237 of the Constitution.

Organisation of Subordinate Judiciary

The organisation of subordinate courts varies slightly from State to State. However, the essential features are broadly uniform across the country.

• The Supreme Court has directed the Union and States to constitute an All India Judicial Service and ensure uniformity in the designation of officers in both civil and criminal branches.

• The Central Government is attempting to build consensus with States on this matter, though no final steps have yet been taken.

Lowest Level: Panchayat Courts

At the lowest stage, justice is bifurcated into civil and criminal branches.

• Earlier Union Courts (civil) and Bench Courts (criminal), constituted under Village Self-Government Acts, have now been replaced by Panchayat Courts under post-Constitution legislation.

• These Panchayat Courts function under various regional names such as:

  • Nyaya Panchayat

  • Panchayat Adalat

  • Gram Kutchery, etc.

• In many States, Panchayat Courts act as criminal courts of the lowest jurisdiction, dealing with petty cases.

Civil Courts

• Munsiff’s Courts: The lowest civil courts, with jurisdiction determined by High Courts.

• Subordinate Judges:

  • Possess unlimited pecuniary jurisdiction over civil suits.

  • Hear first appeals from Munsiffs’ judgments.

• District Judges:

  • Hold unlimited original jurisdiction, both civil and criminal.

  • Hear first appeals from Subordinate Judges and Munsiffs (unless transferred).

• Provincial Small Causes Courts: Handle suits of small value.

The District Judge is the highest civil and criminal authority within a district.

Criminal Courts

• The District Judge also hears appeals from superior Magistrates and tries serious criminal cases (Sessions cases).

• Sometimes, a Subordinate Judge is vested with the powers of an Assistant Sessions Judge, thus exercising both civil and criminal powers.

• Under the Criminal Procedure Code, 1973, all criminal trials are conducted exclusively by Judicial Magistrates.

  • Chief Judicial Magistrate: Head of criminal courts in the district.

  • Metropolitan Magistrates: Function in Calcutta and other metropolitan areas.

Distinction from Executive Magistrates:

• Judicial and Metropolitan Magistrates:

  • Exercise judicial functions.

  • Work under the administrative control of the High Court.

• Executive Magistrates:

  • Exercise executive functions such as maintaining law and order.

  • Work under the State Government’s control.

Special Arrangements in Metropolitan Areas

• In Presidency towns (now metropolitan areas):

  • The Original Side of the Calcutta High Court tries bigger civil suits.

  • City Civil Court and Presidency Small Causes Court deal with lower-value suits.

• The Original Criminal Jurisdiction of High Courts, including Calcutta, was abolished by the Criminal Procedure Code, 1973.

High Courts in India

The High Court is the supreme judicial tribunal of a State, exercising:

• Original jurisdiction

• Appellate jurisdiction

It hears appeals from:

• District and Sessions Judges

• Presidency Magistrates

• The Original Side of the High Court (where it still exists)

High Courts for States and Union Territories:

• Each State has a High Court, except:

  • Nagaland, Mizoram, and Arunachal Pradesh, which share the High Court of Gauhati (with benches).

  • Haryana, which shares the High Court of Punjab and Haryana at Chandigarh.

• Andhra Pradesh and Telangana:

  • Earlier shared the Hyderabad High Court (2014–2018).

  • As per the Order of 26 December 2018, separate High Courts were created:

    • High Court of Andhra Pradesh at Amravati.

    • High Court of Telangana at Hyderabad.

• Bombay High Court: Serves Maharashtra, Goa, and the Union Territories of Dadra and Nagar Haveli and Daman and Diu.

• Jammu & Kashmir and Ladakh:

  • Under the Jammu and Kashmir Reorganisation Act, 2019, the High Court of Jammu and Kashmir became the common High Court for both Union Territories.

  • Judges serving in the former State’s High Court continued as Judges of the new common High Court after 31 October 2019.

For details on the Judiciary in Union Territories, reference is made separately under “Union Territories.”

Supreme Court of India

At the apex of the judicial system stands the Supreme Court of India, the highest tribunal of the land. Apart from being the final court of appeal, it also exercises:

• Original jurisdiction

• Advisory jurisdiction