Structure and hierarchy of courts

The essentials

India follows a single integrated judicial system. Unlike the United States, there are no separate federal and state court systems. The Supreme Court (Article 124) stands at the top, each state or group of states has a High Court (Article 214), and below the High Courts are the subordinate courts at district and lower levels. Decisions of higher courts bind lower courts, and appeals move upward through this ladder.

Key points

• Supreme Court: highest court of appeal; has original jurisdiction in disputes between the Union and states (Article 131), writ jurisdiction to enforce Fundamental Rights (Article 32), appellate jurisdiction including special leave to appeal (Article 136) and advisory jurisdiction on reference by the President (Article 143). Law declared by it binds all courts (Article 141).
• High Courts: highest courts in a state; issue writs under Article 226 (for Fundamental Rights and other legal rights) and supervise subordinate courts (Article 227).
• Civil side: District Judge's court at the district level, with Civil Judges (Senior and Junior Division) below.
• Criminal side: Court of Session at the district level, with Chief Judicial Magistrate and Judicial Magistrates below. Criminal procedure is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024.
• Legal offices: Attorney General of India (Article 76) is the highest law officer of the Union; the Solicitor General assists him; the Advocate General (Article 165) advises a state government; public prosecutors conduct criminal cases for the State.

Exam tips

• Remember that Article 32 is itself a Fundamental Right, while Article 226 is wider in scope because it also covers ordinary legal rights.
• A "court of record" (Articles 129 and 215) can punish for its own contempt.

Common mistakes

• Thinking states have independent supreme courts – India has one Supreme Court for the whole country.
• Confusing the Attorney General (Union) with the Advocate General (state).