Hierarchy of Civil Courts and Their Jurisdiction

In India, we have a three-tiered hierarchy of civil courts. The Supreme Court of India is at the top of the judicial hierarchy. In the middle of the hierarchy, we have the high court in every state, and then we have district courts (in every district). The Supreme Court exercises its power over the entire county, the high court in the entire state to which it belongs, and the district court in the district in which it is located.

Legal Provisions for the Hierarchy and Jurisdiction of Court

To understand the hierarchy of civil courts working in India, we have to look at the provisions precisely mentioned in the Code of Civil Procedure (1908). Information about the types of courts and their hierarchies is provided in Sections 3, 7, 8, 23, 24, and 25 of the Code of Civil Procedure. Whereas to understand the jurisdiction of various courts, one has to look at the provisions provided under Sections 6, 9, and 15 to 25.

Hierarchy of Courts in India

We have a three-tier hierarchy of civil courts in India. At the bottom of the echelon, we have the subordinate court. They are also called "District Courts," as they function in a particular district of the state. Each district has a distinct district court, which is presided over by the district judge. The district judges are administratively superior to all the judges in that district. Now, within a district, there are other civil courts that are subordinate to district courts and presided over by a civil judge in the junior or senior division, functioning under the supervision of the district judge.

The second level in the hierarchy of courts is the High Court, which functions in each state. The High Court is the superior judicial body in the state. The High Court supervises the judicial functions of the District Court and the court below the district court. The High Court is the body that is responsible for the recruitment of district judges and subordinate judges within a state. The High Court exercises its administrative control over the subordinate judges, including the District Court judge. In terms of judicial functions, the High Court hears appeals from district court decisions in addition to having its own ordinary original jurisdiction.

Then at the third and top level in the hierarchy of courts is the Supreme Court of India, which exercises supervisory control over the high courts. The judges of the Supreme Court play a crucial role in the appointment of the judges of the high courts. The High Court judges are being appointed by the Government of India on the recommendations of the collegium, which consists of the senior judges of the Supreme Court. The Supreme Court hears appeals from the judgments and decisions of the High Court.

Jurisdiction of the Courts

After understanding the court hierarchy, it should be a little easier to understand the jurisdiction of these courts. The power of the court to decide a dispute is referred to as "jurisdiction." The jurisdiction of a civil court is based on two aspects, namely, territory and the valuation of the subject matter in dispute.

Types of Jurisdiction

The jurisdiction of the court in India may be into classified into three categories namely −

• Territorial Jurisdiction

• Pecuniary Jurisdiction

• Appellate Jurisdiction

Let’s discuss each one of them separately in brief −

Territorial Jurisdiction

Territorial jurisdiction is an extension of the regions within the limits of which the court exercises its judicial function. It means the civil disputes that arise in a specific region or territory are being assigned to a particular court for trial and adjudication. This particular territory is called the territorial jurisdiction of the court.

Pecuniary Jurisdiction

The pecuniary jurisdiction of a court is based upon the limits of the monitory value of a civil dispute, for which the court is empowered to accept the dispute for its trial and disposal. The pecuniary jurisdiction of the court increases as the hierarchy of the court increases. Both types of jurisdiction play an important role in deciding which court has jurisdiction over a particular civil dispute. It is critical for a litigant and their advocates to correctly determine the court's jurisdiction prior to the initiation of legal proceedings, which court has actual jurisdiction over that dispute.

Appellate Jurisdiction

The appellate jurisdiction is the power of the court to hear and decide appeals from the decisions of the lower court. Generally, the superior court has the power to hear appeals from the decisions of the subordinate court. Therefore, the district court hears appeals from the decision of the civil court of the senior division. The high court has appellate jurisdiction over the district court, and the Supreme Court has appellate jurisdiction over the high court.

Conclusion

To sum up the entire topic, we have at the lowest level of hierarchy a District Court in each district, under which there are subordinate courts, namely the Court of Civil Judge Senior Division and the Court of Civil Judge Junior Division. The District Judge has unlimited peculiar jurisdiction in civil matters and territorial jurisdiction over the entire district. The subordinate District Court has limited pecuniary jurisdiction over civil disputes up to a few thousand rupees. The territorial jurisdictions of these subordinate courts are also limited, extending either up to the local limit of a town or up to a certain part of a district.

Then, at the second level, the High Court has unlimited pecuniary jurisdiction. With regard to any civil dispute, however, the territorial jurisdiction of the High Court is confined to the territory of the respective states within which the High Court is located. Then, at the top level, the Supreme Court of India has territorial jurisdiction over the entire territory of the country and unlimited pecuniary jurisdiction in relation to a civil dispute, which is of course conditional, and the condition is either the dispute should have been first tried and decided by the High Court of the state within which the civil dispute arises or the dispute should have a special case wherein some sort of grave injustice has been done by any court, a special leave petition has been allowed by the Supreme Court, and the permission to hear that particular and peculiar case has been granted in that particular and peculiar case.

Frequently Asked Questions

Q1. What are the different levels of courts in India?

Ans: In India, there are three levels of courts, the Supreme Court at the highest level, the high courts at the middle level, and the district courts at the lowest level.

Q2. What is the pecuniary jurisdiction of the court?

Ans: The pecuniary jurisdiction of a court is decided on the basis of the limit of the monitory value of a civil dispute, over which the court is empowered to decide.

Q3. What is the territorial jurisdiction of a court?

Ans: Territorial jurisdiction is an extension of the regions within the limits of which the court exercises its judicial function.

Q4. What is the appellate jurisdiction of a court?

Ans: Appellate jurisdiction is the power of the court to hear appeals from the decisions of the lower court. Generally, the superior court has the power to hear appeals from the decisions of the lower court. Therefore, the Supreme Court has appellate jurisdiction over the High Court. The high court has appellate jurisdiction over the district court and the district court hears appeals from the decisions of the civil court of the senior division and junior division.