STRUCTURE AND JURISDICTION OF HIGH COURT AND SUBORDINATE COURT

Structure and Jurisdiction of High Courts:

Structure of High Courts:

1. Chief Justice and Other Judges:
   • Every High Court is headed by a Chief Justice, and the President may appoint other judges as deemed necessary.
   • The strength of judges varies for each High Court, determined by the President in consultation with the Chief Justice of India.
2. Divisions and Benches:
   • High Courts are often divided into divisions, such as civil and criminal divisions.
   • They may have benches located in different cities or regions to facilitate access to justice.
3. Chief Justice’s Administrative Role:
   • The Chief Justice holds administrative control over the High Court, assigning cases and overseeing the court’s functioning.

Jurisdiction of High Courts:

1. Original Jurisdiction (Article 226):
   • High Courts have original jurisdiction to issue writs for the enforcement of fundamental rights and for other purposes not exclusive to the Supreme Court.
   • They can hear matters related to the violation of fundamental rights within their territorial jurisdiction.
2. Appellate Jurisdiction (Article 227):
   • High Courts have appellate jurisdiction over subordinate courts and tribunals within their territorial jurisdiction.
   • They can hear appeals against orders passed by lower courts and tribunals.
3. Supervisory Jurisdiction (Article 227):
   • High Courts exercise supervisory jurisdiction to keep lower courts and tribunals within their legal authority.
   • This jurisdiction is discretionary and allows High Courts to intervene in cases of excess or abuse of jurisdiction.
4. Advisory Jurisdiction:
   • High Courts may provide advisory opinions to the Governor on legal matters, although such instances are rare.
5. Civil and Criminal Jurisdiction:
   • High Courts handle both civil and criminal cases, covering a wide range of matters, including family disputes, property disputes, criminal offenses, and more.
6. Constitutional Matters (Article 214):
   • High Courts deal with constitutional matters, including the interpretation of constitutional provisions and challenges to the constitutionality of laws.

Structure and Jurisdiction of Subordinate Courts:

Structure of Subordinate Courts:

1. District Courts:
   • District courts are the principal trial courts at the district level.
   • Each district court is headed by a District and Sessions Judge.
2. Additional District Courts:
   • Additional District Courts may be appointed to assist the District Judge in handling the caseload.
3. Civil Judge and Judicial Magistrate Courts:
   • These courts handle civil cases and criminal cases, respectively, at the grassroots level.
   • They have varying degrees of jurisdiction based on the nature of the cases.

Jurisdiction of Subordinate Courts:

1. Civil Jurisdiction:
   • Subordinate courts hear civil cases based on the subject matter and pecuniary jurisdiction.
   • They handle matters such as property disputes, contract disputes, and family law cases.
2. Criminal Jurisdiction:
   • Subordinate courts have jurisdiction over criminal cases, including offenses categorized as less serious.
   • They conduct trials, record evidence, and pass judgments in criminal matters.
3. Appellate Jurisdiction:
   • Subordinate courts may have appellate jurisdiction over cases originating from lower courts within their territorial jurisdiction.
4. Specialized Tribunals and Courts:
   • Certain tribunals and courts operate at the subordinate level, specializing in areas like labor disputes, consumer grievances, and revenue matters.
5. Administrative Jurisdiction:
   • Subordinate courts have administrative powers related to their day-to-day functioning, case management, and coordination.
6. Execution of Decrees:
   • After a judgment is passed, subordinate courts are responsible for the execution of decrees, ensuring that the orders are implemented.

Coordination and Hierarchical Relationship:

1. Appellate Hierarchy:
   • Decisions of subordinate courts can be appealed to the High Court, and further appeals can be made to the Supreme Court.
2. Supervisory Relationship:
   • High Courts exercise supervisory jurisdiction over subordinate courts, ensuring that they function within their legal authority.
3. Common High Courts:
   • In some cases, multiple states or union territories may share a common High Court, allowing for the centralized administration of justice.
4. Advisory Role:
   • High Courts may provide guidance and clarification to subordinate courts on legal matters and procedural issues.

In summary, the structure and jurisdiction of High Courts and subordinate courts are designed to create a hierarchical and coordinated judicial system. This tiered approach allows for the effective administration of justice, with different courts handling cases based on their nature and complexity. The system ensures access to justice at various levels and provides avenues for appeal and redressal.