Hierarchy of Courts PDF

**SUPREME COURT OF INDIA** - **Original jurisdiction in matters relating to: (Article 131)** Disputes between the Union and states. Disputes between states. Writs issued by the court. - **Appellate jurisdiction over: (Article 132 and 136)** Decisions of High Courts in civil and criminal ca...

**SUPREME COURT OF INDIA** - **Original jurisdiction in matters relating to: (Article 131)** Disputes between the Union and states. Disputes between states. Writs issued by the court. - **Appellate jurisdiction over: (Article 132 and 136)** Decisions of High Courts in civil and criminal cases. Decisions of certain tribunals. Section 374 CrPC (415 BNSS) - **Advisory Jurisdiction:** Article 143 - **Epistolary Jurisdiction:** PILs - **Article 129** The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. - **What is a court of record** As a Court of Record, the Supreme Court has two powers: - The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.  - It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with a fine or with both.  **HIGH COURTS** **(Article 225 of the Constitution)** **Original jurisdiction in matters relating to:** Writs issued by the court. (Article 226) Criminal cases (Section 21 of BNSS) **Appellate jurisdiction over:** Decisions of lower courts within their respective states or union territories. **(Sections 96 and 100 CPC)** Section 374 and 378 CrPC (415 and 419 BNSS) **Reference and Revisional Jurisdiction:** Sections 436 and 438 BNSS (Reference and revision) **Reference**: Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. **Revision**: The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Section 115 CPC (Revision- no reference) **Power of superintendence over all courts by the High Court (Article 227)** - **Article 215** Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. **CRIMINAL COURTS** **Court of Sessions:** - Original jurisdiction (Section 21 of BNSS) - Appellate jurisdiction over decisions of subordinate courts. (Section 415, 419 BNSS) - Cannot take cognizance (section 213 BNSS) - (Assistant sessions judge post is removed by BNSS) - Revisional Jurisdiction (Section 440 BNSS) **Subordinate Courts:** - Magistrates of various classes. (including the CJM) - Original Jurisdiction if mentioned in the Schedule of BNSS (in case of offences under the BNS) and for offences punishable with less than 3 years (in case of other offences) - Cognizance is always taken by the Magistrate of first class (Except when second class magistrate is empowered by the CJM) **CIVIL COURTS** **District Courts: (Article 233 of the Constitution)** Original jurisdiction in civil suits depending on the pecuniary value thereof (not in all states) Appellate jurisdiction over decisions of subordinate courts. **Civil Judges (Senior and junior divisions)** Jurisdiction varies depending on the value of the suit. **Courts of Small Causes**