Structure of the Indian and Andhra Pradesh Judiciary

What to remember

• One integrated system: India has a single, unified judiciary. The Supreme Court is at the top, the High Courts are in the middle, and the district and subordinate courts are at the base. A case moves up by appeal.
• Andhra Pradesh set-up: The High Court of Andhra Pradesh is at Amaravati. Each district has a District Court headed by a District Judge. Below it are civil courts and magistrate courts.
• Civil and criminal sides: Civil courts hear disputes about rights and property. Criminal courts try offences. A Sessions Judge hears serious criminal cases; magistrates hear the rest.

The single integrated system

Unlike the United States, India does not have separate court systems for the Union and the states. The same courts apply both Union and state laws. The Supreme Court heads the whole system. Each state, or group of states, has a High Court. Below the High Court are district courts and subordinate courts. The Constitution lays down this structure. This chapter only explains how the courts work in practice and what court staff should know.

The Supreme Court

The Supreme Court began work in 1950, after the Constitution came into force. Before it, the Federal Court of India worked from 1937. The Court sits in New Delhi, but it can sit elsewhere with the approval of the President. It is a court of record. Its decisions are binding on all courts in India. This is the rule of precedent. A judgment of the Supreme Court is the law of the land.

The Supreme Court has these kinds of jurisdiction:

• Original: disputes between the Union and states, or between states, and cases of fundamental rights.
• Appellate: appeals from High Courts in civil, criminal and constitutional matters.
• Special leave: the Court may allow an appeal from almost any court or tribunal.
• Advisory: the President may ask for its opinion on a question of law or fact.
• Writ: it can issue writs to enforce fundamental rights.

Judges of the Supreme Court are appointed by the President. The recommendation comes from the collegium of senior judges headed by the Chief Justice of India. The retirement age is 65 years.

The High Court

A High Court is the highest court of a state. It is a court of record, and it has power to punish for its own contempt. It can issue writs for fundamental rights and for any other purpose. It also supervises all courts below it in its area. This supervisory power covers the records and the working of subordinate courts. It can call for returns from them and make rules for their practice and procedure.

The three oldest High Courts were set up in 1862 at Calcutta, Bombay and Madras. The Hyderabad High Court was the court of the old Nizam state. After the state was divided in 2014, the common High Court at Hyderabad served both states. From 1 January 2019 the High Court of Andhra Pradesh functions separately at Amaravati.

Judges of a High Court retire at the age of 62 years. They are appointed by the President after consulting the Chief Justice of India, the Governor and the Chief Justice of that High Court. Some High Courts have a permanent bench away from the main seat. The registry of a High Court is headed by a Registrar General. Its staff manages filing, records, listing of cases and orders.

District and subordinate courts

The district judiciary is the court staff's main workplace. The District Judge is appointed by the Governor after consulting the High Court. The High Court controls the district judiciary, including posting, promotion and discipline. This control is the reason why the High Court is called the administrative head of all courts in the state.

Civil side. The District Court is the principal court of original civil jurisdiction in a district. Below it are the Senior Civil Judge and the Junior Civil Judge. The Junior Civil Judge decides suits up to a limited money value. The Senior Civil Judge decides larger suits and hears appeals from the Junior Civil Judge in some matters. The District Judge hears appeals from the Senior Civil Judge.

Criminal side. The Principal District and Sessions Judge heads the Sessions Court. A Sessions Judge can pass any sentence the law allows, but a death sentence has to be confirmed by the High Court. The Chief Judicial Magistrate heads the magistrates in a district. Judicial Magistrates of the First Class and the Second Class try less serious offences. Executive Magistrates handle law and order matters such as keeping the peace.

India replaced the old Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act with new laws. They are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. These came into force in 2024. Court staff should know both the old and the new names, because older cases still use the old ones.

Appeals and the chain of courts

In a civil case, an appeal normally goes from the Junior Civil Judge to the Senior Civil Judge or District Judge, then to the High Court, and finally to the Supreme Court. In a criminal case, a magistrate's order goes to the Sessions Court, then the High Court, then the Supreme Court. The higher court has power to confirm, change or set aside the order of the lower court.

A revision is different from an appeal. A court can look at the record of a lower court to see whether the order was legal and proper, even where no appeal is allowed. A review is a request to the same court to look again at its own judgment because of an error on the face of the record.

Special courts, tribunals and alternative forums

Legal aid is run by the National Legal Services Authority at the national level. The State Legal Services Authority and the District Legal Services Authority work below it. Legal aid is free for poor persons, women, children and certain other groups. The Andhra Pradesh State Legal Services Authority works from the High Court area and the district authorities are headed by the District Judges.

Court staff and administration

A court has many kinds of staff. Common posts include the Sheristadar, the Bench Clerk, the Typist, the Stenographer, the Copyist, the Examiner, the Process Server and the Office Subordinate. The Sheristadar is the head of the ministerial staff in a court office. The Bench Clerk sits beside the judge and keeps the daily records of proceedings. The Process Server delivers summons and notices. The Copyist issues certified copies. Court staff are under the administrative control of the High Court through the District Judge.

The e-Courts project computerises courts. Case status can be seen online through the National Judicial Data Grid and the e-Courts services. Court staff should know how to use the case management system.

Exam traps

• Supreme Court versus High Court seat: The Supreme Court is at New Delhi; the AP High Court is at Amaravati.
• Retirement age: Supreme Court judges retire at 65; High Court judges retire at 62.
• Civil versus criminal: A plaintiff and defendant are in a civil case; a prosecution and an accused are in a criminal case.
• Appeal versus revision versus review: Appeal goes to a higher court; revision is a check of the record by a higher court; review is by the same court.
• Governor and District Judge: The Governor appoints District Judges after consulting the High Court; the President appoints High Court judges.
• Lok Adalat: Its award is treated as a decree and no appeal lies against it.
• Sessions Judge and death sentence: A death sentence needs confirmation by the High Court.
• Old versus new codes: The IPC, CrPC and Evidence Act were replaced by BNS, BNSS and BSA.

One-liners

• 1. India has a single integrated judiciary headed by the Supreme Court.
• 2. The Federal Court worked from 1937 before the Supreme Court began in 1950.
• 3. The Supreme Court sits in New Delhi.
• 4. The High Court of Andhra Pradesh works at Amaravati.
• 5. Madras, Calcutta and Bombay High Courts were set up in 1862.
• 6. The High Court controls the district and subordinate courts.
• 7. The Governor appoints District Judges in consultation with the High Court.
• 8. The Sessions Judge heads the criminal court of a district.
• 9. A death sentence is confirmed by the High Court.
• 10. Lok Adalats work under the Legal Services Authorities Act, 1987.
• 11. Family Courts were created by an Act of 1984.
• 12. The Process Server delivers summons and notices.

Practice questions

1. Which court is at the top of the Indian judiciary?

   1. High Court
   2. Federal Court
   3. Supreme Court
   4. District Court
   Answer

   C. Supreme Court

   The Supreme Court is the apex court.

2. The Supreme Court of India has its seat at

   1. Amaravati
   2. Allahabad
   3. Mumbai
   4. New Delhi
   Answer

   D. New Delhi

   The Court sits at New Delhi.

3. The High Court of Andhra Pradesh functions at

   1. Visakhapatnam
   2. Amaravati
   3. Hyderabad
   4. Tirupati
   Answer

   B. Amaravati

   It has worked separately at Amaravati since 2019.

4. Before the Supreme Court began work in 1950, the Federal Court of India worked from

   1. 1937
   2. 1919
   3. 1947
   4. 1909
   Answer

   A. 1937

   The Federal Court began in 1937.

5. A High Court judge retires at the age of

   1. 65 years
   2. 62 years
   3. 58 years
   4. 60 years
   Answer

   B. 62 years

   High Court judges retire at 62; Supreme Court judges at 65.

6. District Judges are appointed by the

   1. Governor in consultation with the High Court
   2. Law Minister of the Union
   3. President on the advice of the Chief Justice of India
   4. Chief Minister
   Answer

   A. Governor in consultation with the High Court

   The Governor appoints them after consulting the High Court.

7. Judges of a High Court are appointed by the

   1. Chief Minister
   2. Governor
   3. Chief Justice of India alone
   4. President
   Answer

   D. President

   The President appoints them after consultation.

8. Which authority controls the posting, promotion and discipline of district judges?

   1. Chief Minister
   2. State Assembly
   3. High Court
   4. Supreme Court directly
   Answer

   C. High Court

   The High Court controls the district judiciary.

9. An appeal from the Senior Civil Judge in a civil case normally goes to the

   1. Supreme Court
   2. Junior Civil Judge
   3. District Judge
   4. Chief Judicial Magistrate
   Answer

   C. District Judge

   The District Judge hears such appeals.

10. A death sentence passed by a Sessions Judge must be confirmed by the

    1. Chief Judicial Magistrate
    2. High Court
    3. Governor
    4. Supreme Court
    Answer

    B. High Court

    The High Court confirms death sentences.

11. Who heads the Sessions Court of a district?

    1. Senior Civil Judge
    2. Registrar
    3. Chief Judicial Magistrate
    4. Principal District and Sessions Judge
    Answer

    D. Principal District and Sessions Judge

    The Sessions Court is headed by the Principal District and Sessions Judge.

12. Who heads the magistrates of a district on the criminal side?

    1. Chief Judicial Magistrate
    2. Junior Civil Judge
    3. Sheristadar
    4. Executive Magistrate
    Answer

    A. Chief Judicial Magistrate

    The Chief Judicial Magistrate heads the judicial magistrates.

13. The parties in a civil case are called

    1. prosecution and accused
    2. petitioner and police
    3. plaintiff and defendant
    4. complainant and jailer
    Answer

    C. plaintiff and defendant

    Civil cases start with a plaint.

14. The parties in a criminal case are called

    1. plaintiff and defendant
    2. prosecution and accused
    3. decree holder and judgment debtor
    4. appellant and respondent only
    Answer

    B. prosecution and accused

    The State prosecutes the accused.

15. Lok Adalats work under the

    1. Legal Services Authorities Act, 1987
    2. Consumer Protection Act
    3. Gram Nyayalayas Act, 2008
    4. Family Courts Act, 1984
    Answer

    A. Legal Services Authorities Act, 1987

    The 1987 Act gives Lok Adalats statutory status.

16. The Family Courts Act was passed in

    1. 1976
    2. 2008
    3. 1950
    4. 1984
    Answer

    D. 1984

    Family Courts were created by the 1984 Act.

17. The Gram Nyayalayas Act was passed in

    1. 2008
    2. 1987
    3. 1984
    4. 2015
    Answer

    A. 2008

    Gram Nyayalayas are village courts created in 2008.

18. An award of a Lok Adalat is

    1. appealable to the High Court as of right
    2. valid only for one year
    3. final and no appeal lies against it
    4. subject to a court fee
    Answer

    C. final and no appeal lies against it

    A Lok Adalat award is treated as a decree and is final.

19. Free legal aid at the national level is run by the

    1. Law Commission
    2. Bar Council of India
    3. Election Commission
    4. National Legal Services Authority
    Answer

    D. National Legal Services Authority

    NALSA runs legal aid at the national level.

20. In a court office, the Copyist

    1. sits beside the judge
    2. issues certified copies
    3. delivers summons
    4. heads the ministerial staff
    Answer

    B. issues certified copies

    The Copyist issues certified copies.

21. The Bench Clerk

    1. sits beside the judge and keeps daily records of proceedings
    2. heads the High Court registry
    3. delivers summons and notices
    4. issues certified copies
    Answer

    A. sits beside the judge and keeps daily records of proceedings

    The Bench Clerk keeps the daily record.

22. The head of the ministerial staff in a court office is the

    1. Process Server
    2. Copyist
    3. Typist
    4. Sheristadar
    Answer

    D. Sheristadar

    The Sheristadar heads the ministerial staff.

23. The Indian Penal Code was replaced by the

    1. Bharatiya Nagarik Suraksha Sanhita
    2. Bharatiya Sakshya Adhiniyam
    3. Bharatiya Nyaya Sanhita
    4. Civil Procedure Act
    Answer

    C. Bharatiya Nyaya Sanhita

    BNS replaced the IPC.

24. The Code of Criminal Procedure was replaced by the

    1. Bharatiya Nyaya Sanhita
    2. Bharatiya Nagarik Suraksha Sanhita
    3. Bharatiya Sakshya Adhiniyam
    4. Code of Civil Procedure
    Answer

    B. Bharatiya Nagarik Suraksha Sanhita

    BNSS replaced the CrPC.

25. The Indian Evidence Act was replaced by the

    1. Information Technology Act
    2. Bharatiya Nagarik Suraksha Sanhita
    3. Bharatiya Nyaya Sanhita
    4. Bharatiya Sakshya Adhiniyam
    Answer

    D. Bharatiya Sakshya Adhiniyam

    BSA replaced the Evidence Act.

26. A review petition is made to

    1. a higher court only
    2. the Governor
    3. the same court that passed the judgment
    4. the Law Commission
    Answer

    C. the same court that passed the judgment

    Review asks the same court to look again.

27. A revision is best described as

    1. a new trial before a jury
    2. a higher court examining the record of a lower court for legality and propriety
    3. a request to the same court to reconsider
    4. a settlement by agreement
    Answer

    B. a higher court examining the record of a lower court for legality and propriety

    Revision is a check of the record by a higher court.

28. The Juvenile Justice Board deals with

    1. children in conflict with law
    2. service disputes
    3. tax disputes
    4. village boundary disputes
    Answer

    A. children in conflict with law

    It includes a magistrate and social workers.

29. A decision of the Supreme Court is binding on

    1. only High Courts
    2. only criminal courts
    3. only courts in Delhi
    4. all courts in India
    Answer

    D. all courts in India

    This is the rule of precedent.

30. The High Court's power of supervision extends to

    1. only the Supreme Court
    2. all subordinate courts in its area
    3. only tribunals of other states
    4. only civil courts
    Answer

    B. all subordinate courts in its area

    It supervises all courts below it.

31. Executive Magistrates mainly handle

    1. law and order matters
    2. civil suits
    3. service matters of judges
    4. appeals from the High Court
    Answer

    A. law and order matters

    They deal with keeping the peace.

32. A court being a 'court of record' means that

    1. it keeps records only of civil cases
    2. it cannot punish for contempt
    3. its proceedings and judgments are preserved as permanent evidence and precedent
    4. it has no appellate power
    Answer

    C. its proceedings and judgments are preserved as permanent evidence and precedent

    Records of such courts are accepted as evidence of their acts.

33. Consider these statements. 1. The Supreme Court sits at New Delhi. 2. The High Court of Andhra Pradesh sits at Amaravati. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

34. Consider these statements. 1. Supreme Court judges retire at 62. 2. High Court judges retire at 65. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    It is 65 for the Supreme Court and 62 for High Courts.

35. Consider these statements. 1. The Governor appoints High Court judges. 2. The President appoints High Court judges. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The President appoints High Court judges.

36. Consider these statements. 1. A death sentence needs confirmation by the High Court. 2. A Lok Adalat award can be appealed in the High Court as of right. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    No appeal lies against a Lok Adalat award.

37. Consider these statements. 1. A revision is a request to the same court to reconsider its judgment. 2. A review is made to a higher court. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Both definitions are reversed.

38. Consider these statements. 1. India has a single integrated judiciary. 2. The Federal Court worked from 1937. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

39. Consider these statements. 1. Family Courts were created by an Act of 1984. 2. Lok Adalats work under the Legal Services Authorities Act, 1987. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

40. Consider these statements. 1. In a criminal case the parties are plaintiff and defendant. 2. In a criminal case the parties are prosecution and accused. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Plaintiff and defendant are civil terms.

41. Consider these statements. 1. The Process Server delivers summons and notices. 2. The Copyist keeps daily records of proceedings beside the judge. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The Bench Clerk keeps the daily record.

42. Consider these statements. 1. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code. 2. The Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

43. Consider these statements. 1. The High Court controls the district judiciary. 2. The Supreme Court directly controls posting of district judges. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Control is with the High Court.

44. Which pair is correctly matched?

    1. Bench Clerk : heads the High Court registry
    2. Process Server : delivers summons and notices
    3. Copyist : delivers summons
    4. Sheristadar : issues certified copies
    Answer

    B. Process Server : delivers summons and notices

    The Process Server serves summons.

45. Which of these High Courts was set up in 1862?

    1. Allahabad
    2. Patna
    3. Delhi
    4. Madras
    Answer

    D. Madras

    Calcutta, Bombay and Madras High Courts were set up in 1862.