Structure and jurisdiction

A single integrated judiciary. Unlike some federal countries, India does not have separate state courts. The judiciary is a pyramid: the Supreme Court at the top, High Courts below, and district and subordinate courts at the base. Lower courts work under the direct superintendence of higher ones.

• Supreme Court: its decisions bind all courts; it can transfer High Court judges, move cases from any court to itself, and transfer cases between High Courts.
• High Court: hears appeals from lower courts; issues writs to restore Fundamental Rights; deals with cases within the state; supervises and controls courts below it.
• District Court: deals with cases arising in the district; hears appeals from lower courts; decides serious criminal cases.
• Subordinate courts: civil and criminal cases.

Jurisdiction of the Supreme Court (its scope of powers, defined by the Constitution):

• Original jurisdiction: cases the Supreme Court considers directly, without going to lower courts first: disputes between the Union and States and among States. Only the Supreme Court can hear them, which makes it the umpire of federal matters; in deciding them it also interprets the powers of the Union and the States.
• Writ jurisdiction: anyone whose Fundamental Right is violated can go directly to the Supreme Court; High Courts can also issue writs, and the person may choose either. Through writs, the Court orders the executive to act or not act in a particular way.
• Appellate jurisdiction: the Supreme Court is the highest court of appeal. Appeals from High Courts need a High Court certificate that the case involves a serious question of law or the Constitution; in criminal cases with a death sentence, appeal lies to the High Court or Supreme Court. The Supreme Court may also grant special leave to appeal against any judgment in India, even when the High Court refuses. On appeal, it may change the ruling and give a new interpretation of the law.
• Advisory jurisdiction: the President may refer any matter of public importance or constitutional interpretation to the Supreme Court for advice. The Court is not bound to give advice, and the President is not bound to accept it. It is still useful: the government can get legal opinion before acting, avoiding later litigation, and adjust its actions or laws accordingly.

Other powers: under Article 137, the Supreme Court can review its own judgments; under Article 144, all civil and judicial authorities in India must act in aid of the Supreme Court. Its decisions bind all other courts and are enforceable throughout India; it is not bound by its own past decisions; and it decides cases of contempt of itself.

Example (new): a farmer's land dispute starts in a subordinate court, goes on appeal to the district court and then the High Court; it can reach the Supreme Court only if certified or granted special leave, while a quarrel between two states over sharing a dam's water goes straight to the Supreme Court.