Supreme Court
The Supreme
Court holds original, appellate, and advisory jurisdiction. Its exclusive
original jurisdiction includes disputes between the Centre and States or
between different States, as well as matters concerning the enforcement of
fundamental rights of individuals. The appellate jurisdiction of the Supreme
Court can be invoked via a certificate from the High Court related to any
judgment, decree, or final order of a High Court in civil and criminal cases,
particularly those involving significant legal questions regarding the
interpretation of the Constitution or any law. Additionally, the appellate
jurisdiction can be invoked through the Special Leave Petition (SLP) under its
residuary power, applicable only in cases involving substantial legal questions
or gross injustice.
Supreme
Court decisions are binding on all courts and tribunals in India and serve as
precedents for lower courts. Article 141 of the Constitution mandates that all
Indian courts must follow the Supreme Court's decisions as the rule of law.
Furthermore, Article 142 empowers the Supreme Court to issue orders necessary
for complete justice between parties. Over the years, the Supreme Court has
frequently used Article 142 to achieve justice, introducing concepts such as
absolute liability and the prospective application of judgments.
High
Courts
High Courts
have jurisdiction over the States in which they are situated. Currently, there
are 25 High Courts in India. Some High Courts have jurisdiction over more than
one State or Union Territory, such as the Bombay High Court, Calcutta High
Court, Guwahati High Court, High Court of Judicature at Hyderabad, Madras High
Court, and Punjab and Haryana High Court. For example, the Bombay High Court,
located in Mumbai, covers the States of Maharashtra and Goa, and the Union
Territories of Dadra and Nagar Haveli, and Daman and Diu.
Every High Court shall have a Chief Justice
appointed by the President.
There is no longer a fixed number of judges
for each High Court.
Additional judges can be appointed to clear
pending cases, but their tenure cannot exceed two years.
It is important to note that no one above the
age of 62 can be appointed as a High Court judge.
The number of judges varies among High
Courts, with smaller states having fewer judges compared to larger states.
A
High Court enjoys the following jurisdictions:
- Original
jurisdiction
- Writ
jurisdiction
- Appellate
jurisdiction
- Supervisory
jurisdiction
- Control over
subordinate courts
- Court of record
- Power of
judicial review
District
Courts
District
Courts in India are local courts established by the State Government. Each
district court, which may serve a single district or multiple districts, has
the autonomy to adjudicate disputes and administer justice. These courts handle
cases originating within their respective districts, providing legal and
judicial oversight at the district level. District Courts hear appeals on
various decisions made by lower courts and are involved in serious criminal
cases or offenses.
District
courts possess original and appellate jurisdiction over criminal and civil
cases within one or more districts in the states. These courts are presided
over by district judges and are accountable to the High Courts of their
respective states. The judges of district courts are appointed by the Governor
of the respective state, in consultation with the Chief Justice of the State
High Court.
Lower
Courts
The lower
subordinate courts consist of the Civil Court and the District Munsif Court,
both overseen by a Sub-Judge. The higher subordinate courts, dealing with
criminal matters, are led by the Chief Judicial Magistrate or Chief
Metropolitan Magistrate, followed by Additional Chief Judicial Magistrates
(ACJM) or Additional Chief Metropolitan Magistrates (ACMM), and Judicial
Magistrates (JM) or Metropolitan Magistrates (MM) at lower levels.
The Executive and Revenue Courts, which fall under the purview of the state government, are managed by the district magistrate or other executive magistrates. Although these executive courts are not part of the judiciary, various provisions and judicial rulings grant High Courts and Session Judges the authority to inspect or direct their operations.
In some
states, there are lower courts below the district courts, known as Munsif’s
courts and small causes courts. These courts have only original jurisdiction
and can adjudicate suits involving small amounts. However, in some states,
civil courts have unlimited pecuniary jurisdiction. Judicial officers in these
courts are appointed based on their performance in competitive examinations
conducted by the various States' Public Service Commissions.
Commercial Courts
The
State Government, in consultation with the concerned High Court, may issue a
notification to establish the necessary number of Commercial Courts at the
district level to exercise the jurisdiction and powers granted to these courts
under this Act.
The
Commercial Courts Act governs the jurisdiction of Commercial Courts. These
courts resolve all cases and petitions related to commercial disputes arising
within the entire territory of the state over which they have been granted
territorial jurisdiction. The provisions of the Code of Civil Procedure, 1908,
apply to business disputes handled by these courts. 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
Tribunals
are institutions established to perform judicial or quasi-judicial functions.
Their purpose is often to reduce the judiciary's caseload or to provide
specialized expertise for technical matters. The Supreme Court has determined
that tribunals, as quasi-judicial bodies, must maintain the same level of
independence from the executive branch as the judiciary. Important factors in
ensuring this independence include the method of selecting members, the
composition of the tribunals, and the terms and tenure of service.
To safeguard
this independence, the Supreme Court has recommended that all administrative
matters related to tribunals be managed by the law ministry, rather than by the
ministry connected to the subject area of the tribunal. Additionally, the Court
suggested the establishment of an independent National Tribunals Commission to
oversee the administration of tribunals. However, these recommendations have
not yet been implemented.
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 example, Rent Controllers handle rent disputes, Family Courts address matrimonial and child custody cases, Consumer Tribunals resolve consumer issues, and Industrial Tribunals or Courts handle labor disputes. Tax Tribunals deal with tax-related issues. The National Company Law Tribunal (NCLT) has been established to streamline liquidation proceedings, resolve disputes, and ensure compliance with specific provisions of the Companies Act, 2013
Alternate Dispute Resolution
In recent
years, Alternative Dispute Resolution (ADR) has gained widespread popularity
among both the general public and the legal profession. As the name suggests,
ADR provides alternative methods for resolving disputes. Traditionally, people
would immediately turn to the courts for settlement when disputes arose.
However, the increasing costs of litigation, lengthy procedures, and
significant delays have made traditional lawsuits impractical. Civil courts
often face backlogged dockets, causing delays that can last for years.
Consequently, some courts now encourage parties to pursue ADR before allowing
their cases to proceed to trial.
Various
methods are used in ADR, with Arbitration, Mediation, and Conciliation being
the most widely utilized
A brief description of few widely used ADR procedures is
as follows:
1. Negotiation: A non-binding
procedure where the parties engage in discussions without third-party
intervention, aiming to reach a negotiated settlement of the dispute..
2. Conciliation: In this process,
parties seek the advice of a conciliator, who speaks with each party separately
and attempts to resolve their disputes. Conciliation is a non-binding procedure
where the conciliator helps the disputing parties reach a mutually satisfactory
and agreed-upon settlement.3. Mediation: A non-binding procedure in which an
impartial third party, known as a mediator, facilitates the resolution process
without imposing a solution. The parties retain the freedom to decide on the
terms and outcome at their own discretion..
4. Arbitration: It is a method of
resolving disputes outside the court, where the parties submit their dispute to
one or more appointed arbitrators. The arbitrator(s) review the case and issue
a decision that is legally binding on both parties. Arbitration clauses are
typically included in commercial agreements, stipulating that any future
disputes regarding the contract terms and conditions will be resolved through
arbitration.
