Consumer Protection Act, 2019

 Introduction

Consumer protection is the practice of safeguarding buyers of goods and services against unfair practices in the market. It refers to the steps adopted for the protection of consumers from corrupt and unscrupulous malpractices by the sellers, manufacturers, service providers, etc. and to provide remedies in case their rights as a consumer have been violated.

In India, the protection of the rights of the consumers is administered by the Consumer Protection Act, 2019. The Consumer Protection Act, 2019 was introduced to replace the Consumer Protection Act, 1986. The new Act contains various provisions which incorporate the challenges faced by modern and technology-dependent consumers. The Act also contains various provisions for the protection and promoting the rights of the consumers. 

Meaning of the word ‘consumer’

A consumer is an individual or group of individuals who purchase goods and services for their own personal use and not for the purpose of manufacturing or resale. Section 2(7) of the Consumer Protection Act, 2019 defines a consumer as any person who buys goods or services in exchange for consideration and utilises such goods and services for personal use and for the purpose of resale or commercial use. In the explanation of the definition of consumer, it has been distinctly stated that the term ‘buys any goods’ and ‘hires or avails any services’ also includes all online transactions conducted through electronic means or direct selling or teleshopping or multi-level marketing.

Need for the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 was enacted by the Indian legislature to deal with matters relating to violation of consumer’s rights, unfair trade practices, misleading advertisements, and all those circumstances which are prejudicial to the consumer’s rights. The intention of the Parliament behind enacting the Act was to include provisions for e-consumers due to the development of technology, buying and selling of goods and services online have considerably increased during the last few years.

The Act seeks to provide better protection of the rights and interests of the consumers by establishing Consumer Protection Councils to settle disputes in case any dispute arises and to provide adequate compensation to the consumers in case their rights have been infringed. It further provides speedy and effective disposal of consumer complaints through alternate dispute resolution mechanisms. The Act also promotes consumer education in order to educate the consumer about their rights, responsibilities and also redressing their grievances.

Objective of the Consumer Protection Act, 2019

The main objective of the Act is to protect the interests of the consumers and to establish a stable and strong mechanism for the settlement of consumer disputes. The Act aims to:

• Protect against the marketing of products that are hazardous to life and property.
• Inform about the quality, potency, quantity, standard, purity, and price of goods to safeguard the consumers against unfair trade practices.
• Establish Consumer Protection Councils for protecting the rights and interests of the consumers. 
• Assure, wherever possible, access to an authority of goods at competitive prices.
• Seek redressal against unfair trade practices or unscrupulous exploitation of consumers.
• Protect the consumers by appointing authorities for timely and sufficient administration and settlement of consumers’ disputes.
• Lay down the penalties for offences committed under the Act.
• Hear and ensure that consumers’ welfare will receive due consideration at appropriate forums in case any problem or dispute arises.
• Provide consumer education, so that the consumers are able to be aware of their rights.
• Provide speedy and effective disposal of consumer complaints through alternate dispute resolution mechanisms.

What are consumer rights under Consumer Protection Act, 2019

There exist six rights of a consumer under the Consumer Protection Act, 2019. The rights of the consumers are mentioned under Section 2(9) of the Act, which are as follows:

The right of a consumer to be protected from the marketing of goods and services that are hazardous and detrimental to life and property.

The right of a consumer to be protected against unfair trade practices by being aware of the quality, quantity, potency, purity, standard and price of goods, products or services.

The right of a consumer to have access to a variety of goods, services and products at competitive prices.

The right to seek redressal at respective forums against unfair and restrictive trade practices.

The right to receive adequate compensation or consideration from respective consumer forums in case they have been wronged by the seller.

The right to receive consumer education.

What are unfair trade practices under Consumer Protection Act, 2019

Section 2(47) of the Consumer Protection Act, 2019 defines the term ‘unfair trade practices’ which include:

Manufacturing spurious goods or providing defective services.

Not issuing cash memos or bills for the goods purchased or services rendered.

Refusing to take back or withdraw the goods or services and not refunding the consideration taken for the purchase of the goods or services.

Disclosing the personal information of the consumer.

Changes incorporated in Consumer Protection Act, 2019

The changes that were incorporated with the enactment of the Consumer Protection Act, 2019 are:

The District Commissions will have the jurisdiction to entertain complaints where the value of the goods, services or products paid as consideration to the seller does not exceed 50 lakh rupees. 

State Commissions will have the jurisdiction to entertain complaints where the value of the goods, services or products paid as consideration to the seller exceeds 50 lakh rupees but does not exceed two crore rupees.

The National Commission will have the jurisdiction to entertain complaints where the value of the goods, services or products paid as consideration to the seller exceeds two crore rupees.

The Act further states that every complaint concerning consumer dispute shall be disposed of as expeditiously as possible. A complaint filed under this Act shall be decided within the period of three months from the date of receipt of notice by the opposite party in the cases the complaint does not require analysis or testing of the goods and services and within a period of 5 months, if it requires analysis or testing of the goods and services.

The Consumer Protection Act, 2019 also facilitates the consumers to file complaints online. In this regard, the Central Government has set up the E-Daakhil Portal, which provides a convenient, speedy and inexpensive facility to the consumers all over India so that they are able to approach the relevant consumer forums in case of any dispute arises.

The Act lays down the scope for e-commerce and direct selling.

The Consumer Protection Act, 2019 lays down provisions for mediation and alternative dispute resolution so that the parties are able to dispose of the case conveniently without going through the trouble of litigation.

The Consumer Protection Act, 2019 contains provisions for product liability, unfair contracts and it also includes three new unfair trade practices. In contrast, the old Act just stated six types of unfair trade practices.

The Act of 2019 acts as the advisory body for the promotion and protection of consumer rights.

Under the Consumer Protection Act, 2019 there is no scope for selection committees, the Act authorises the Central Government to appoint the members.

Therefore, with the changes in the digital era, the Indian Parliament enacted and brought the Consumer Protection Act, 2019 in force to include the provisions for e-commerce as digitalization has facilitated convenient payment mechanisms, variety of choices, improved services, etc. 

Essential provisions of Consumer Protection Act, 2019

The essential provisions of the Consumer Protection Act, 2019 are:

Consumer Protection Councils

The Act establishes consumer protection councils to protect the rights of the consumers at both the national and state levels.

Central Consumer Protection Council

Under Chapter 2 Section 3 of the Consumer Protection Act, 2019 the Central Government shall establish the Central Consumer Protection Council which is known as the Central Council. It is an advisory body and the Central Council must consist of the following members;

The Minister-in-charge of the Department of Consumer Affairs in the Central Government will be appointed as the chairperson of the council, and

Any number of official or non-official members representing necessary interests under the Act.

The Central Council may meet as and when necessary, however, they must hold at least one meeting every year. The purpose of the Central Council is to protect and promote the interests of the consumers under the Act.

State Consumer Protection Councils

Every state government shall establish a State Consumer Protection Council known as the State Council having jurisdiction over that particular state. The State Council acts as an advisory body. The members of the State Council are:

The Minister-in-charge of the Consumer Affairs in the State Government will be appointed as the chairperson of the council, 

Any number of official or non-official members representing necessary interests under the Act, and

The Central Government may also appoint not less than ten members for the purposes of this Act.

The State Councils must hold at least two meetings every year. 

District Consumer Protection Council

Under Section 8 of the Act, the state government shall establish a District Consumer Protection Council for every district known as the District Council. The members of the District Council are:

The collector of that district will be appointed as the Chairperson of the District Council, and

Any other members representing necessary interests under the Act.

Central Consumer Protection Authority

The Central Government shall establish a Central Consumer Protection Authority which is known as the Central Authority under Section 10 of the Consumer Protection Act, 2019, to regulate matters relating to violation of the rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of the public and consumers and to promote, protect and enforce the rights of consumers. The Central Government will appoint the Chief Commissioner and the other Commissioners of the Central Authority as required under the Act.

The Central Authority must have an ‘Investigative Wing’ under Section 15 of the Act to conduct an inquiry or investigation. The investigative wing must comprise of the Director-General and the required number of Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director possessing the required experience and qualifications to carry out the functions under this Act.

Functions and duties of the Central Authority

The functions and responsibilities of the Central Authority are laid down in Section 18 of the Act which includes;

To protect and promote the rights of the consumers as a class and to prevent violation of consumer rights,

To prevent unfair trade practices,

To ensure no false or misleading advertisements regarding any goods or services are promoted,

To ensure no person takes part in false or misleading advertisements,

Inquire or investigate in cases of violation of consumer rights or unfair trade practices.

File complaints before the National, State or District Commission as the case may be,

To review matters relating to the factors hindering the enjoyment of consumer rights.

To recommend the adoption of international covenants and best international practices concerning consumer rights 

Promote research and awareness of consumer rights.

Lay down necessary guidelines to prevent unfair trade practices and protect the interests of the consumers.

Furthermore, the Central Authority also has the power to investigate after receiving any complaint or directions from the Central Government or of its own motion in cases where there is an infringement of consumer rights or unfair trade practices are carried out. And if the Central Authority is satisfied that infringement of consumer rights or unfair trade practices has occurred then it may:

Recall the goods or services which are hazardous and detrimental to the consumers,

Reimburse the prices of the goods and services to the consumers, and 

Discontinue the practices that are prejudicial and harmful to the consumers.

Under Section 21 of the Act, the Central Authority is authorised to issue directions to false and misleading advertisements which may extend to ten lakh rupees. While determining the penalty of the offence the Central Authority must keep in mind factors such as; the population affected by the offence, frequency of the offence and gross revenue from the sales of such product. The Central Authority can also direct search and seizure for the purposes of this Act and in that case the provisions of the Criminal Procedure Code, 1973 will apply. 

Consumer disputes redressal commission

The state government shall establish a District Consumer Disputes Redressal Commission, known as the District Commission in each district of the state under the Consumer Protection Act, 2019. The District Commission shall comprise of a President and not less than two members prescribed by the Central Government. 

Section 34 of the Act authorises the District Commission to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees. The complaint relating to goods and services can be filed to the District Commission by the consumer, recognized consumer association, Central Government, Central Authority, State Government, etc. 

Section 36 states that all the proceedings before the District Commission shall be conducted by the President and at least one member of the commission.

Mediation

Chapter 5 Section 74 of the Consumer Protection Act, 2019 states that a Consumer Mediation Cell shall be established by the Central Government at the national level and every state government shall establish Consumer Mediation Cell exercising within the jurisdiction of that state. The mediator nominated to carry out the mediation shall conduct it within such time and in such manner as may be specified by regulations.

Section 75 of the Act talks about the empanelment of the mediators. It states the qualifications, terms and conditions of service, the procedure for appointing, and the fee payable to the empanelled mediators. 

It is the duty of the mediator to disclose certain facts such as; any personal, financial or professional in the result of the consumer dispute, the circumstances giving rise to their independence or impartiality and any other necessary information for the protection of consumer rights.

Product liability

Under Section 83 of the Act, a product liability action may be brought by a complainant against a product manufacturer, product service provider or product seller. 

Liability of product manufacturer

A product manufacturer will be held liable in a product liability action under the  following circumstances:

The product contains manufacturing defects.

The product is defective.

There is a deviation from manufacturing specifications.

The product does not conform to the express warranty.

The product fails to contain adequate information for proper usage.

Liability of product service provider

A product service provider will be held liable in a product liability action under the  following circumstances:

The service provider will be responsible when the service provided by them is faulty or imperfect.

There was an act of negligence on their part.

The service provider failed to issue adequate instructions and warnings for the services.

The service provider failed to conform to the express warranty or terms and conditions of the contract.

Liability of product seller

A product seller will be held liable in a product liability action under the  following circumstances:

They altered or modified the product which resulted in being detrimental to the consumer.

They failed to exercise reasonable care in assembling, inspecting or maintaining such product

They exercised substantial control over the product which resulted in causing harm to the consumer.

Exceptions to product liability

There are certain exceptions to product liability action mentioned in Section 87 of the Act, such as;

The product was altered, modified or misused by the consumer,

A consumer cannot bring product liability action when the manufacturer has given adequate warnings and instructions for the use of the product,

The manufacturer would not be liable in case of a product liability action for not warning about any danger that is commonly known to the general public.

Offences and penalties under Consumer Protection Act, 2019

The offences and penalties listed under this Act are mentioned as follows.

Punishment for false and misleading advertisements: Under Section 89 of the Act any manufacturer or service provider who promotes false or misleading advertisements will be punished with imprisonment for a term that may extend to two years and with fine that may extend to ten lakh rupees.

Punishment for manufacturing, selling, distributing products containing adulterants: Under Section 90 of the Consumer Protection Act, 2019 any person who sells, manufactures, distributes products containing adulterants shall be penalised in case of the following circumstances;

If the adulterated product does not cause any injury to the consumer then the term for imprisonment will extend to a period of six months and fine which may extend to one lakh rupees,

If the product containing adulterant causes injury not amounting to grievous hurt then the term for imprisonment will extend to a period of one year and fine which may extend to three lakh rupees,

If the product containing adulterant causes injury amounting to grievous hurt then the term for imprisonment will extend to a period of seven years and fine which may extend to five lakh rupees,

If the product results in causing death to the consumer then the term for imprisonment will be for a period of seven years which may extend to life imprisonment and fine not less than ten lakh rupees.

Punishment for manufacturing, selling, and distributing spurious products: Section 91 states that any person who sells, manufactures, or distributes spurious products shall be punished for such acts.

How do consumers benefit from Consumer Protection Act, 2019

The Consumer Protection Act, 2019 is a significant piece of legislation brought as it is beneficial for the consumers. The Act widens the scope of protection regarding the rights and interests of consumers. 

Unfair contracts: The Act introduced ‘unfair contract’ under Section 2(46) of the Act, which includes contracts requiring excessive security deposits to be given by the consumer for the performance of contractual obligations. However, the inclusion of unfair contracts in the Act would enable the consumer to file complaints in such cases and would also keep the fraudulent businesses in check.

Territorial jurisdiction: The Act enables the consumers to file complaints where the complainant resides or personally works for gain thus it would benefit the consumers in seeking redressal for their grievances when their rights have been violated.

False and misleading advertisements: The Act defines the term ‘false and misleading advertisements’ and also lays down strict penalties for such acts or omissions.

Product liability: The term ‘product liability’ has been defined by this Act, which states that it is the duty of the product manufacturer, service provider or seller to compensate for any harm caused to a consumer by such defective product manufactured or service provided to the consumer.

Mediation and alternative dispute resolution: The Act enables the consumer to opt for mediation and alternative dispute resolution mechanisms for speedy and effective settlement of consumer disputes.

E-filing of complaints: The Act also facilitates e-filling of the complaints and seeking video conference hearings by the Commission. Thus, providing convenient means for the consumers to voice their grievances.

Landmark case laws

Horlicks Ltd. v. Zydus Wellness Products Ltd. (2020)

In this case, both parties are manufacturers of nutritional drinks, however, Zydus advertised a television commercial trivialising the products of Horlicks Ltd. The commercial was being telecasted in various languages including English, Tamil and Bengali. Therefore, the Delhi High Court relied on various judgments on misleading advertisements, disparagement and law governing the publication of advertisements on television and held that the advertisement is disparaging as it does not provide any concrete proof regarding the quality of the product. Further, electronic media leaves an impression on the minds of the viewers thus, these types of advertisements would not only be detrimental to the consumers but also the complainant would suffer irreparable damage. 

A famous judgement relied on by Delhi High Court while deciding this case is Pepsi Co. Inc. v. Hindustan Coca Cola Ltd., 2003 where the Delhi High Court held that there are certain important factors that are to be kept in mind in case of disparagement which are; manner of the commercial, intent of the commercial and storyline of the commercial.

Veena Khanna v. Ansal Properties & Industries Ltd, NCDRC (2007)

In this case, the complainant offered to purchase a flat from the respondent which the respondent agreed to deliver on 1.6.1999 through a letter. However, the flat was not constructed within the specified date and hence it was not delivered. For such deficiency in services, the complainant demanded the refund of the deposited amount with interest at the rate of 18% pa which was refused by the opposite party. 

The National Commission observed that due to delays in construction and delivery of possession it is quite difficult for a consumer to purchase a flat at market price. The National Commission stated that it is the duty of the State Commission to direct the builders to deliver the possession of the flat as soon as it is completed and the complainant should be awarded suitable compensation for the delay in construction. The complainant just claimed the refund amount before the State Commission, but the case was pending before the commission for five years and during that time there was a tremendous rise in the market prices of the immovable property. The National Commission further stated that it was the duty of the State Commission to direct the respondents to deliver the possession of the flat or any other flat of equivalent size to the complainant with appropriate compensation, due to the delay in delivering the possession within the specified time. Or, adequate compensation ought to have been provided to the complainant so that they could purchase a new flat of the same size at the prevailing market rate in that same locality.

Sapient Corporation Employees v. Hdfc Bank Ltd. & Ors. (2012)

In this case, a consumer complaint was filed by Sapient Corporation Employees Provident Fund Trust against HDFC bank Ltd. The complainant claimed that OP-Bank has committed deficiency of services by debiting the account of the Complainant. The court in this case held that there was no deficiency of service on the part of OP-bank and the arguments contented by the complainant are baseless. A behaviour that conforms to the direction of regulatory authority cannot be said to be negligence or service deficiency.

Conclusion

The Consumer Protection Act, 2019 is a modified piece of legislation that offers the consumers a great variety of benefits and rights to protect them from unfair trade practices, false or misleading advertisements, etc. The Act enables the consumers to seek alternative dispute resolution mechanisms and mediation so that the parties can opt for speedy and effective settlement of consumer disputes. The scope of e-filing of complaints and e-consumers in the Act portrays forward-thinking in part of the legislature. Furthermore, the Act also introduced new terms such as product liability, unfair contracts, etc. thereby widening the scope of protection of consumer rights and enabling the consumers to file complaints when their rights have been violated under the Act.

Thus, the inclusion of the provisions in this fills up the lacunae in the Consumer Protection Act, 1986. The enactment of the Act was paramount and it changed the ambit of protecting the rights of consumers in the country. 

Hierarchy of Courts

What is judiciary?

According to the “Rule of law”, all individuals whether they are rich or poor, men or women, from forward or backward caste are subjected to the same law. Judiciary ensures the supremacy of law and the rule of law. The law is interpreted by the judiciary but the judiciary cannot make the law. Judiciary resolves the disputes and ensures justice by applying the laws.

Judicial Meaning

The meaning of judicial is to make judgements in a court of law. Judicial is related to the legal system.

Judiciary in India

India has a single integrated system of Judiciary in view of a single Constitution. The judiciary in India acts as the custodian of the Indian Constitution and the protector of the Fundamental Rights. The Indian Judicial System is one of the oldest legal systems of the World. The Indian legal system was majorly influenced by the local customs and the religion.The judicial system in India is integrated and pyramidal in structure with the Supreme Court at the top and the High Court and the other Subordinate Courts at the lower levels. The adversarial litigation system is followed by the Indian Judicial System in which the impartial neutral party and both the sides present arguments before the Court of law. The Common law system which is followed in England influenced the Indian Judicial System. The laws were developed by the judges through the judgements delivered by courts and these judgements were followed as precedents. The specific feature of the Indian Judicial System is “judicial review”. The judicial review is the power given to the judiciary to determine the validity of law. Article 137 of the Indian Constitution empowers the Supreme Court with the judicial review through which it can declare any law as void when it is unconstitutional or in derogation with the Fundamental Rights. The power of judicial review is given to the High Courts also through which it can overrule the decisions of the lower courts.

According to Article 13 of the Indian Constitution, the laws which are contrary to the Fundamental Rights are declared as void by the judiciary.  

Our Constitution ensures the Independence of Judiciary which means that the other organs of the Government must not restrain the functioning of the judiciary in such a way that it would not be able to do justice. Other organs of the Government should not interfere with its decision and judges must be able to perform their functions without fear or favour. The Constitution of India had granted rights to citizens to ensure equality and protects them from any partial judgement. The power to resolve disputes and to give judgements is based on the rules of law, is given to judiciary.

According to the members of the Constituent Assembly, “ This is the organization which will safeguard those fundamental rights which have been given to every citizen under the Constitution. Therefore, it must be above all obstruction by the Executive. The Supreme Court is considered as the “watchdog of democracy.”  

Indeed, the Independence of the Judiciary is entailed not to favour judges. It is crucial to maintain the pureness of justice and to acquire the trust of people in the administration of justice.

Article 50 of the Indian Constitution ensures the separation of powers of the judiciary from the executive.Our Indian Constitution has granted fundamental rights to people and to sustain these rights the judiciary is made independent by it.

Types of Judiciary 

There are so many countries and each one of them follow different types of the judicial system and follow system according to their own governance.

The United States of America follow the judicial system in which there is a two-court system. The State Court system and the Federal Court system are the two types of court in the USA. These courts are not totally independent from each other as they usually interact with each other. The main objective of every judicial system is to solve legal issues and to vindicate legal rights.

The Article III court is followed in various countries. The Supreme Court, District Courts and Circuit Courts of Appeal are the courts which are included in Article III Courts. There are other special courts like the International Courts and the Court of Claims are also included in the Article III courts.

There are second type of court system in various countries which may include the Bankruptcy Courts, Tax courts, Magistrate courts, Court of Veterans Appeals and the Court of Military. There are various types of State Court Systems and most of them are composed of the two types of trial courts, Traffic and Family courts which are included in the trial courts having limited jurisdiction. The general jurisdiction courts are also there which includes the intermediate appellate courts, the main trivial courts and the highest state courts also. In contrast to the Federal Courts, a large number of the State Court Judges are either elected or appointed not permanently but for a specific number of years. 

The Trial Courts of limited jurisdiction manage certain sorts of particular cases. Generally, these courts are located near the courthouse of the country or inside the country and usually presided over by one judge. The Municipal Court, family court and probate court are the few types of trial courts having limited jurisdiction. The Trial Courts of general jurisdiction are the principal trial courts in the state’s system. These Courts hears the cases which are beyond the jurisdiction of the trial courts of limited jurisdiction. These courts deal with both civil and criminal cases. In most of the states of the U.S., there are intermediate appellate courts in between the highest court of the State and the trial courts of general jurisdiction. There are some kinds of highest courts in all the States and these are referred to as the Supreme Courts in some States. 

The common tradition law system is followed in England and this system is followed in the colonized countries of England also.

There are several countries and each country has a different organization of courts of law which includes the District Courts, the Supreme Court, the Magistrate Courts, Regional Labour Courts and National Labour Courts. The Magistrate Courts are considered as the primary trial courts. These courts have jurisdiction to deal with criminal matters. The District Courts are the courts at a middle level and these courts deal with the matters which are not under the sole jurisdiction of the other courts. The Supreme Court has the authority to hear criminal and civil appeals from the District Courts.   

Functions of Judiciary

The judiciary played an eminent role in a modern democratic state. It performs various functions, like:

Interpretation of law

The foremost function of the judiciary is to interpret the law and use them in a particular case by applying the principles of customs, statutes and various provisions of the Constitution. They go through the facts of the case and analyse what legal rights of parties in the case are affected and what law should be applied in this situation. When the law is lacking, judiciary applies the principle of justice, equity, and morality.

Guardian of the Constitution

Our Constitution gives the right to all citizens to protect themselves from inequality and the Court protect these rights. The power of judicial review is also given to the Supreme Court of India and it enjoys the power to declare a law passed by the legislature as unconstitutional if that law conflicts with the Constitution. It is not only the guardian of the Constitution but it also modifies the Constitution with the changing conditions. It has also expanded the Constitution through inference of its original provisions. The Indian Supreme Court had also pronounced some laws as “ultra vires” on the rationale of “procedure established by law”.

Custodian of Civil Liberties

The judiciary protects individual liberty by punishing those who intrude against it. It also safeguards people against tyrannical action of the Government. Article 32 which is known as the “heart and soul of the Indian Constitution” provides right to the people that they can directly approach the Supreme Court in the case of the infringement of the fundamental rights. A writ can also be filed in the High Court under Article 226 of the Indian Constitution to protect these rights.

Resolves the disputes of jurisdiction between the Centre and State Governments in Federations

  The Constitution of India establishes a federal structure to the Indian Government, so the powers are divided between the Centre and the States. There are chances that disputes may arise between the Centre and the State over the jurisdiction. Therefore, the Supreme Court is given the right to decide these disputes.

Advisory Function

In India, the Supreme Court acquires the right from the Constitution to advise the President on the legal issues. Article 143 of the Indian Constitution empowers the Supreme Court with the advisory jurisdiction.

Administrative Functions 

The Supreme Court and the High Courts have the authority to appoint their local officials and subordinate staff.

Indian Judiciary Chart 

Hierarchy of courts and their jurisdiction should be properly defined to deal with the disputes which arise every day in a big country like India. The Supreme Court of India deals with the cases at the National level, the High Court deals with cases at the State level and Subordinate courts (Civil and Criminal) deals with the cases at the District and Subordinate level. 

 

hierarchy of courts in India

There are various types of Courts in India, each has different powers depending on the tier and jurisdiction conferred on them. They function according to the set hierarchy of the courts.

Supreme Court 

In our country, the Constitution lays down the foundation of an integrated judiciary having Supreme Court as the highest and final court of appeal. Article 124(1) of the Indian Constitution states that there shall be a Supreme Court of India constituting of a Chief Justice of India. Initially, the Supreme Court of India consists of the Chief Justice of India and seven other judges. The Parliament may, by law, increase or decrease the number of judges of the Supreme Court when it is required. Now, the Supreme Court has 31 judges including the Chief Justice of India. In our Constitution, there is a provision of appointment of judges on an ad hoc basis, whenever it is required. Article 127(1) of the Indian Constitution deals with the appointment of ad hoc judges. Ad hoc is a Latin term which means “for this”. It means for a particular purpose. When a quorum of judges is not available to continue or hold the sessions of Court then ad hoc judges were appointed. The Chief Justice of India can appoint a High court judge as an ad hoc judge of the Supreme Court after consultation with the Chief Justice of the concerned High Court.

The President of India appoints the judges of the Supreme Court and the later can consult with the Chief Justice of India and also with existing judges of the Supreme Court regarding such appointment. In case of appointment of the Chief Justice of India, the President shall consult such judges of the Supreme Court and the High Courts.

For a person to be eligible as a judge of the Supreme Court, he/she must be a citizen of India, and should have been for at least five years a judge of a High Court or of two or more such Courts in succession, or

should have been an experience of practicing as an advocate of High Court for the last ten years or of two or more such courts in succession or

should in the opinion of the President be an eminent jurist. 

The Supreme Court of India is the highest court of appeal and is vested with various powers, it exercises original, appellate and advisory jurisdiction.

Powers of the Supreme Court

The Supreme Court has the power to punish for contempt of Court under Article 129 of the Indian Constitution.

The power of Judicial Review is given to the Supreme Court under Article 32 and Article 136 of the Indian Constitution. They have the power to examine the legislative enactments and executive orders whether they are consistent with the provisions of the Constitution or not.

Supreme Court is a deciding authority in the election of the President and the Vice President and enquiring authority in conduct and behaviour of Union Public Service Commission (UPSC) members.

Article 134 of the Indian Constitution empowers the Supreme Court to withdraw the cases from the High Court.

Article 126 of the Indian Constitution states that when the office of the Chief Justice of India is vacant or when the Chief Justice is by reason of absence or otherwise unable to perform his duties of the office, then the President of India may appoint a judge of the Supreme Court to dispense the duties of the office.

Article 127 of the Indian Constitution states that the Chief Justice of India can appoint a judge of High Court as an ad hoc judge in the Supreme Court with the consent of the President if at any time there is a lack of quorum of judges in the Supreme Court.

Article 128 of the Indian Constitution states that the Chief Justice of India at any time with the prior consent of the President and the person to be so appointed can appoint any person who had previously held the office of a judge of the Supreme Court.

The Supreme Court has the power of revisory jurisdiction under Article 137 of the Indian Constitution through which Supreme Court can review its judgements.

The Supreme Court is a court of record because its judgements are of evidentiary value and cannot be questioned in any court.

The Procedure to remove the Chief Justice of India and the judges of the Supreme Court is given under Article 124(4) of the Constitution of India. The President of India appoints the judges of the Supreme Court of India, so the power to remove them from their post is vested upon him. But, according to the Constitution of India, the judiciary is independent of the legislative and executive organs of the Government. So the judges of the Supreme Court can be removed only on the basis of proven incapacity or misbehaviour.

High Court              

Article 214 of the Indian Constitution states that there shall be a High Court for each State. The High Court consist of one Chief Justice and other judges. The President appoints the Chief Justice of the High Court in consultation with the Chief Justice of India while other judges were appointed by the President in consultation with the Governor of the state, Chief Justice of the High Court as well as the Chief Justice of India. If in the High Court the office of the Chief Justice falls vacant due to some reasons then the President can ask any of the Judge to look after the duties of the Chief Justice.

A person may be appointed as the Chief Justice of the High Court:

If the person is an Indian citizen, and

If he had held the judicial office in the territory of India, or

At least an advocate for 10 years in the High Court or two or more High Courts in succession, and

The age should be below 62 years.

A judge can remain in the office until he has attained the age of 62 years and can also resign before the retirement by giving a resignation letter to the President. He can also be removed if the Parliament passed a resolution which is supported by the majority of the total membership of the House in which the motion of removal has been passed and by a majority of not less than two-third members of the House present and voting has been presented before the President, on the grounds of proved misbehaviour or incapacity. He can also vacate the office of the Court when the President appoints him as the judge of the Supreme Court. 

Powers of the High Court

Under Article 226 of the Indian Constitution, a person can directly file a petition in the High Court in case of infringement of the Fundamental Rights. 

Election-related cases or marriage/divorce related cases can be directly filed in the High Court.

The High Court has the power to give punishment for the contempt of the Court.

The High Court has the power to review the cases of the lower Court and give its judgement accordingly.

The High Court exercises original, appellate, supervisory and administrative jurisdiction.

The High Court is a court of record and its judgements are of evidentiary value for the Subordinate Courts and its decision is binding on the Subordinate Courts and no Subordinate Courts can challenge them.

Civil Courts Meaning

Civil courts deal with the cases or offences that are committed against a private individual and not against the State unlike in criminal cases where the offence is committed against the State. Civil wrongs include tort, breach of contract etc. In India, the hierarchy of Civil Courts is based on the territorial and pecuniary jurisdiction of the courts. Civil Courts can deal with the cases which have been committed within its territory and also which is within the pecuniary limits of the court. 

The Supreme Court is the highest court of appeal for entertaining civil cases and these cases can not be filed directly in the Supreme Court, the appeal can be filed against the order of the High Court but in case of infringement of the fundamental rights one can directly approach to the Supreme Court.The appeal against the order of the District Court can be filed in the High Court and the cases above the value of Rs. 20 lakhs can directly be filed in the High Court of the State. District Court deals with the cases which lie between the value of Rs. 3 lakh to Rs. 20 lakh. The cases up to Rs. 3 lakhs were entertained by the Civil Judge the junior division and the original cases were entertained by him. Small Causes Courts are the lowest Court of appeal in the hierarchy of Civil Courts and it deals with the cases of value below Rs. 3 lakh. The Civil Courts are governed by the Civil Procedure Code. The Civil Courts can award damages or compensation to the party whose legal rights have been infringed. Plaintiff and Defendant are the parties to a civil case.

District Court and Additional District Court

The State Government in India has established the District Courts in every district by considering the number of cases and population  in that district. The District Courts of India are presided by a district judge and these courts administer justice at a district level. These courts are under administrative and judicial control of the High Court of the State to which that district belongs. The District and Sessions Judge is the highest Court in each district. The Governor after consultation with the Chief Justice of the High Court of that State appoints the judges of the District Court and the eligibility criteria to become a judge of District Court is at least seven years of practice as an advocate. The District Court is the highest Civil Court in a district. Civil and Criminal Courts are two types of Courts in every district. Civil Courts exercise the power of subject matter jurisdiction, territorial Jurisdiction, pecuniary jurisdiction and appellate jurisdiction.   

Powers of the District Court

The District Court hears criminal cases, domestic related cases and civil cases.

The District judge in case of criminal cases has the power to give any punishment including capital punishment.

The Chief Judicial Magistrate can deal with the cases which are punishable with imprisonment for a term up to seven years.

When the District Court exercises its jurisdiction in criminal cases under the Code of Criminal Procedure, 1973 (CrPC), it is referred as sessions court. The Court is presided by a judge who is appointed by the High Court of that particular State. Additional Sessions Judges and Assistant Sessions Judges in this Court can also be appointed by the High Court of that State. Additional Sessions Judges can be appointed in POCSO cases, electricity cases, NDPS, FTC etc. The appeal can be filed in the High Court against the decision of the District Court.

Court of Civil Judge (Senior Division)

The Court of Civil Judge of Senior Division comes at the middle of the hierarchy on the civil side. Civil Judge or Senior Division has the authority to try civil cases of any value. There are many additional courts of Additional Civil Judge(senior division). These additional courts have the same jurisdiction as exercised by the principal court of Civil Judge or Senior Division. A Senior Division or Civil Judge exercises pecuniary jurisdiction without any limit.

Court of Civil Judge (Junior Division)

The Court of Civil Judge of Junior Division is at the lowest level in deciding civil cases. It has the power to impose any sentence in accordance with the law and it can provide capital punishment also. Civil Judge of Junior Division can extend its jurisdiction in all the original suits and proceedings. 

Eligibility to become Civil Judge of Junior Division:

An applicant must have done LL.B(Bachelor of Laws)/LL.M.(Master of Laws) with 55% from any university which was recognized by the State Government/Central Government.

Age limit is 21-35 years and relaxation in age is provided to reserved candidates. 

Court of small causes for metropolitan cities 

Under the Presidency Small Cause Courts Act, 1882, the court of small causes for metropolitan cities were established in India. This Act empowered the State Government that it can establish a Court of Small Causes anywhere within its territory. These courts have the authority to decide small value civil cases only.

Munsiff court or court of sub judge III class

Munsiff court is the lowest court of appeal for civil cases in the district. It has the authority to try the offence under certain pecuniary limits. Munsiff Magistrate/ Judicial Collector have control over these courts. 

The territorial jurisdiction of the District Munsiff Court was prescribed by the State Government. The judge and presiding officer of the District are Munsiff Magistrate who keep a charge on all the tax inspectors.

Criminal Court Meaning

Criminal wrong is a wrong against the whole society not only against the victim. Criminal Courts deal with criminal matters which are considered as a crime against the State.

The Supreme Court exercises appellate jurisdiction through which it has the power to withdraw cases from the High Court regarding criminal matters. The appeal against the order of the District Court can be filed in the High Court of the State. 

The hierarchy of the Criminal Courts in India is given in Section 6 of the Criminal Procedure Code, 1973 which is given as follows:

Session Court

Judicial Magistrate of the first class

Judicial Magistrate of the second class

Executive Magistrate

Session Court

The lowest court of appeal in the hierarchy of Criminal Court is the Court of sessions where the sessions judge conducted the trial. Section 9 of CrPC empowers the State Government to establish a Session Court for every sessions division. The High Court appoints the judge of Session Court. Additional Session Judges and Assistant Session Judges can also be appointed by the High Court to exercise jurisdiction in a Session Court. 

This Court deals with cases related to theft, murders, dacoity etc. Session Court is empowered to provide a sentence of death and can impose fines for a criminal offence.

The High Court can appoint the Sessions Judge of one division to be an Additional Sessions Judge of another division. When the office of the Sessions Judge left vacant due to some reasons then the High Court has the power to do arrangements for the disposal of any urgent case. If any case is pending before the Session Court then Additional or Assistant Sessions Judge shall have jurisdiction to deal with such a case and in a situation where there is no Additional or Assistant Session Judge then Chief Judicial Magistrate in the sessions division can deal with such application.

Subordinate Judge Class I

Section 11 of the CrPC provided that the State Government can establish the Court of Judicial Magistrate of the first class in the district and any number by consulting with the High Court of the respective State.

It is given in Section 15 of the CrPC that a Judicial Magistrate is subordinate to the Chief Judicial Magistrate and it is subject to the control of the Sessions Judge.

Section 29 of the CrPC empowered the Judicial Magistrate of First Class that he may impose a fine not more than ten thousand rupees or may pass a sentence of imprisonment for not more than three years.

Subordinate Judge Class II

Section 11 of the CrPC empowered the State Government that it can establish the Court of Judicial Magistrate of the second class in the district and in any number by consulting with the High Court of the respective State.

Section 29(3) of the CrPC empowered the Judicial Magistrate of Second Class that he may impose a fine of not more than five thousand rupees or may pass a sentence of imprisonment for not more than one year or both. 

It is incorporated in Schedule I and Schedule II of the Cr.P.C. that the offences which are triable by either “Any Magistrate” or “Judicial Magistrate of the Second Class” such offences can be tried by a Judicial Magistrate.

Executive Magistrate

Section 20 of CrPC empowered the State Government to appoint Executive Magistrates in every metropolitan area and in every district. It has the authority to appoint one of the Executive Magistrate as the District Magistrate and it can appoint any Executive Magistrate as the Additional District Magistrate and such magistrate has the same power as enjoyed by the District Magistrate under CrPC.

If the office of a District Magistrate left vacant then any officer who is succeeding temporarily to the executive administration of the district shall exercise the same power as enjoyed by the District Magistrate under CrPC. The State Government is empowered to give charge of a sub-division to the Executive Magistrate. The Executive Magistrate who got the charge of a sub-division shall be called as Sub-divisional Magistrate.  

Jurisdiction of Courts in India 

Civil Courts

Subject matter jurisdiction

Under this Court, the Civil Court has the authority to deal with the cases of a particular type and concerning a particular subject matter. For example- cases related to family matters can only be dealt with by the Family Courts and not by NCLT that specifically deals with company matters only.

Territorial Jurisdiction

When a court exercises its powers within its territory then it is called the territorial jurisdiction. This Court can decide within a geographical limit of the jurisdiction of the court and it can not exercise its powers outside the geographical limit. For example, Madhya Pradesh will have jurisdiction to decide matters arising within Madhya Pradesh only and not outside. 

Pecuniary Jurisdiction

Under this jurisdiction, the Court has the authority to hear and decide the cases on the basis of the monetary value or the amount of the case or the suit in question.

Appellate Jurisdiction

Courts with higher authority have the power to exercise appellate jurisdiction. Under this jurisdiction, the court with higher authority can review the case that has already been decided by a lower court. In our country, cases are brought in the form of appeal in the Supreme Court and the High Court, both these courts have the power of appellate jurisdiction. They have the power to overrule the decisions of the lower court.

Criminal Courts

The procedure to conduct the trial in the criminal courts is provided in the Criminal Procedure Code. 

According to Section 177 of the CrPC, the Court has the authority of the trial of the case only if the offence has been committed under the jurisdiction of that court.

Section 178 of the Crpc, deals with the following matters:

When the offence has been committed in several places and the place of the offence is doubtful.

When the offence is partly at one place and the rest at another place.

When the offence is committed at different places and comprises of several acts.

If any of the above situations are fulfilled, then such offence may be tried in a court having jurisdiction over any of such local areas. 

Under the provisions of Section 179 of the CrPC, it is postulated that any act which becomes offence due to any emanating consequences it is valid for trial in the court of proficient jurisdiction.

According to the provisions of Section 180 of the CrPC, when the act committed is an offence because it is related to another offence then the place of trial of the court is according to the offence which has been committed first has to be inquired into or tried by either of the courts under whose jurisdiction the act has been committed.

According to the provisions of Section 181(1) of the CrPC, the trial not only commenced in where the offence was committed, but it can also be commenced where the accused is found. It also deals with the cases when the offence is not committed in a single place.  It deals with the following situations:

The trial of the court is commenced where the accused is found or the offence is committed while performing the act of dacoity, dacoity with murder, thug etc. the thug, or murder has committed.

In the case of abduction or kidnapping of a person, the trial is commenced where the person has abducted/kidnapped or where the person was conveyed or concealed or detained.

In case of robbery, extortion or theft, the trial of the court is commenced where the stolen property is possessed, delivered or received or the court where the offence has been committed. 

In the case of criminal breach of trust or criminal misappropriation, the trial has been committed where any part of the property which is the subject matter of the offence has been received or retained, required to be returned or accounted for, by the accused or where the offence has been committed.

Section 182 of the CrPC has provided the provisions for the offences which are committed by letters etc. If the victim has been deceived by telecommunication messages or by means of letters or if any offence committed includes cheating then the trial of the court has been commenced where the messages or letters have been sent or received and under the local jurisdiction of the court where the property has been received by the accused person or where the property has been delivered by the person deceived.

Section 183 of the CrPC has provided provisions for the offences which have been committed during voyage or journey. During the journey, when a person commits an offence against a traveller or the thing in respect of which the offence has been committed is in due course of its voyage or journey, the trial of the court has been commenced under the local jurisdiction where the person or thing has been passed.

Section 185 of the CrPC empowered the State Government to direct any cases or class of cases can be tried in a Sessions Court for which the trial has been committed in any district.

Section 186 of the CrPC empowered the High Court to resolve the confusion when the cognizance of a particular offence has been taken by more than one court and confusion arises that which of the Courts shall inquire into or try that offence.

Section 187 of the CrPC empowers the Magistrate to issue warrant or summons for offences which do not come under the local jurisdiction of it. In this condition, the Magistrate has the power to order such a person to be produced before him and then send him to the Magistrate of proficient jurisdiction.      

Section 188 of the CrPC has provided provisions for the offences which are committed outside the territory of India. According to the provisions of this section, if an offence is committed outside the territory of India:

By an Indian citizen, whether on the high seas or elsewhere.

By a person, not being a citizen of India, on any ship or aircraft registered in India.

This offence is considered as such offence which had been committed at any place within the territory of India and at a place where such person may be found.

Section 189 of the CrPC provides the authority to the Central Government that it can take the receipt of evidence for the offences which are committed outside the territory of India.  

 

Jurisdiction of Supreme Court in India

Original Jurisdiction

Under this jurisdiction, the Court refers to a matter for which that particular court is approached first. Article 131 of the Indian Constitution gives power to the Supreme Court to resolve the dispute which arises between the States of India or between the State Government and the Union Government.

Article 32 of the Indian Constitution empowered the Supreme Court to exercise original jurisdiction in case of infringement of the Fundamental Rights.

Appellate Jurisdiction

The power to exercise appellate jurisdiction lies with the Higher Courts. Through this jurisdiction, courts have the power to review, amend and overrule the decisions of the lower courts. Article 132, Article 133 and Article 134 of the Indian Constitution deals with the Appellate Jurisdiction of the Supreme Court in appeals from the high courts in these cases:

If the High Court certifies that the substantial question of law is raised in the case and it needs interpretation of the Constitution in Constitutional matters.

If the High Court certifies that the substantial question of law of general importance involved in the case in civil matters.

If in criminal matters, the High Court has withdrawn the case from the Subordinate Court and on appeal reversed the order of acquittal of an accused and sentenced him to death.

If the High Court certifies that the case is a worth appeal to the Supreme Court.

In any of the cases, whether it is of criminal, civil or any other proceeding, if the case involves the interpretation of the Constitution then the Supreme Court has the final authority to elaborate the meaning and the intent of the Constitution. 

Advisory Jurisdiction

Under this jurisdiction, the President of India can plea the advice of the Supreme Court to give its opinion on any issue of law or act. Article 143 of the Indian Constitution empowers the President of India to seek the opinion of the Supreme Court on any issue of public importance. But the Supreme Court can only advise on that issue, that opinion is not binding on the President.

Special leave petition

Article 136 of the Indian Constitution empowered the Supreme Court to grant special leave against the judgement or the order passed by any court within the territory of India. Article 262 of the Indian Constitution prohibits the Supreme Court from hearing the issues related to inter-state riparian disputes and power of special leave petition granted to the Supreme Court has been frequently used to prevent this bar.

Court of record

In India, the Supreme Court is considered as a “Court of Record”. The judgements or acts passed by the Supreme Court of India are apprehended as legal references and legal precedents. The Supreme Court is a court of record because its judgements are of evidentiary value and cannot be questioned in any court.

Jurisdiction of High Court in India

Original Jurisdiction

In several cases, people can directly approach to the High Court of India without appeal and this is known as original jurisdiction. The High Court enjoys the power of the original jurisdiction in the following cases: 

If there is a dispute between the Legislative Assembly and the Members of the Parliament.

In matters related to contempt of court, marriage etc.

In case of the infringement of the Fundamental Rights.

If the case involves the question of law which the court itself transferred from the other court.

Writ Jurisdiction

Article 226 of the Indian Constitution grants powers to the High Court to issue directions, writs or orders in the name of Certiorari, Habeas Corpus, Mandamus, Prohibition or Quo Warranto. The High Court can issue writs in the matter of the Fundamental Rights and other matters also which lie within its territorial jurisdiction. 

Appellate Jurisdiction

The High Court is considered as the primary court of appeal because it is empowered to hear appeals against the judgement given by the Subordinate Courts within its territorial jurisdiction. It can exercise appellate jurisdiction in the matters of criminal jurisdiction and civil jurisdiction. The judgements related to Sessions Court and Additional Sessions Court comes under the criminal jurisdiction and the cases involving confirmation of death sentence, imprisonment for seven years awarded by session court before execution. The orders and the judgements of the District Courts, Additional District Courts and other Subordinate Courts come under the civil jurisdiction.  

Supervisory Jurisdiction

Article 227 of the Indian Constitution empowered the High Court with the power of superintendence over all the courts which come under its territorial jurisdiction except tribunals or military courts which deals with armed forces. The High Court covers both judicial and administrative superintendence. It is not necessary that the appeal came before the High Court on the application of a party only, it can be “suo moto” which means “on its own motion”.

Jurisdiction of District Court and Additional District Court

The District Court or Additional District Court empowered with both original jurisdictions as well as appellate jurisdiction in civil and criminal cases which lies within that district. Civil Courts are governed by the procedure of the Civil Procedure Code and Criminal Courts are governed by the Criminal Procedure Code. In some cases, District Courts have the power of original jurisdiction in both civil and criminal matters, these cases cannot be tried by a lesser court than the District Court.

Civil Courts exercise the power of Subject Matter Jurisdiction, Territorial Jurisdiction, Pecuniary Jurisdiction and Appellate Jurisdiction. As per the Criminal Procedure Code, a sessions judge of District Court can reward a maximum sentence to the convict is capital punishment.

The District Court exercises the power of appellate jurisdiction over the Subordinate Courts in both the criminal as well as civil cases. Senior Civil Judge Court, Principal Junior Civil Judge Court and Junior Civil Judge Court are the Subordinate Courts in civil cases. Chief Judicial Magistrate, First Class Judicial Magistrate Court and Second Class Judicial Magistrate Court are the Subordinate Courts in criminal cases. The appeal against the order of the Supreme Court can be filed in the High Court of the concerned state.  

Jurisdiction of Subordinate Court

The Code of Criminal Procedure provided provisions for the jurisdiction in criminal matters.

Section 14 of the CrPC deals with the local jurisdiction of Judicial Magistrates. This section empowers the Chief Judicial Magistrate, who is subjected to the control of the High Court that he can define the local limits of the areas from time to time, within which the Magistrates exercise all or any of the powers with which they are invested under this code:

It is provided that the Special Judicial Magistrate Court may hold its sitting at any place within its local jurisdiction.

If the exception is provided by such definition then the powers of the Magistrate and its local jurisdiction shall extend throughout the district.

Where the local jurisdiction of a Magistrate has been extended beyond the district of its jurisdiction or the metropolitan area, as the case may be in which he generally holds court, any reference in this code to the Court of Session, Chief Metropolitan Magistrate or the Chief Judicial Magistrate, in relation to such magistrate, throughout the area which comes under his local jurisdiction, be interpreted, unless the circumstances otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be exercising jurisdiction in relation to that district or metropolitan area. 

Section 22  of the CrPC deals with the local jurisdiction of Executive Magistrates. This section empowered the District Court, which is subjected to the control of the State Government, that it can draw the local limits of the areas under which the Executive Magistrates may use all or any of the powers with which they may be endowed under this code but there are exceptions when the powers and jurisdiction of such Magistrate shall extend throughout the district.

Section 27 of the CrPC deals with the jurisdiction in the case of juveniles. If the accused is under the age of sixteen years then the case is tried by the Court of the Chief Judicial Magistrate or by any court which is tried under the Children Act, 1960.

Section 177 to Section 189 of the CrPC deals with the provisions related to inquiries and trials of the jurisdiction of the Criminal Courts.

Section 177 of the CrPC provides that the court which comes under the local jurisdiction where the offence has been committed then that offence must be inquired and tried by that court.

Section 178 of the CrPC deals with the provisions related to the place where trial or enquiry of offence should be commenced when there is uncertainty regarding the place of commencement of offence.

Section 179 of the CrPC provides that the trial of the offence is commenced at the place of the act where it is done or the place where the consequence ensues.

Section 180 of the CrPC provided the provisions for a place of trial in a situation where an act becomes offence due to another offence.

In case of certain offences, Section 181 of the CrPC provides provisions for the place of trial for such offences.

Section 182 of the CrPC deals with the offences which are committed by telecommunication messages or by letters etc. 

Section 183 of the CrPC deals with the offences which are committed during journey or voyage.

Section 184 of the CrPC deals with the offences which are triable together and provide provisions for such offences.

Section 185 of the CrPC empowered the State Government to direct any cases or class of cases can be tried in a Sessions Court for which the trial has been committed in any district.

Section 186 of the CrPC empowered the High Court to decide the district where the trial or inquiry of offence should be commenced in cases where there is confusion regarding the place of trial.

Section 187 of the CrPC empowers the Magistrate to issue warrant or summons for the offence which is committed beyond the local jurisdiction. 

Section 188 of the CrPC describes the offences which are committed outside the territory of India.

Section 189 of the CrPC provides the authority to the Central Government that it can take the receipt of evidence for the offences which are committed outside the territory of India.

The Code of Civil Procedure, 1908, provided provisions for the jurisdiction in case of civil matters.

Section 15 of the CPC provides that the suit for the offence firstly have to be instituted in the Court of the lowest grade competent for the trial.

Section 16 of the CPC provided that where suits have to be instituted, should be based on the subject matter which is subject to the pecuniary or other limitations prescribed by the law.

Section 17 of the CPC provided that the suits for the immovable property have to be filed within the local limits of whose jurisdiction where any part of the property is situated.

Section 18 of the CPC provided provisions for the place of institution of the suit where local limits of the jurisdiction of Courts are uncertain.

Section 20 of the CPC provided provisions for the place of institution of other suits. It states that suits for the offence have to be instituted where the cause of action arises or at the place where the defendants reside.

Conclusion

It is evident from this article that the Constitution of India played a crucial role in the rules and laws which are enforced from time to time to strengthen the judicial system of the country. The three-layer judicial system is necessary for the proper functioning of the judiciary in a big country like India to ensure proper justice to the citizens of a country. Every day a lot of disputes were raised, so proper hierarchy of courts and their jurisdiction should be properly defined to deal with such disputes. 

Writs

 What is Writ?

Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights. The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226. 

Types of Writs in India

The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo-Warranto

Habeas Corpus

The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.

Facts about Habeas Corpus in India:

The Supreme Court or High Court can issue this writ against both private and public authorities.

Habeas Corpus can not be issued in the following cases:

• When detention is lawful
• When the proceeding is for contempt of a legislature or a court
• Detention is by a competent court
• Detention is outside the jurisdiction of the court

Mandamus

The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

Facts about Mandamus in India:

Unlike Habeas Corpus, Mandamus cannot be issued against a private individual

Mandamus can not be issued in the following cases:

• To enforce departmental instruction that does not possess statutory force
• To order someone to work when the kind of work is discretionary and not mandatory
• To enforce a contractual obligation
• Mandamus can’t be issued against the Indian President or State Governors
• Against the Chief Justice of a High Court acting in a judicial capacity

Prohibition

The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

Facts about Prohibition in India:

Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.

It can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.

Certiorari

The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.

Facts about Certiorari in India:

Pre-1991: The writ of Certiorari used to be issued only against judicial and quasi-judicial authorities and not against administrative authorities

Post-1991: The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals

It cannot be issued against legislative bodies and private individuals or bodies.

Quo-Warranto

The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office

Facts about Quo-Warranto in India:

Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved

It can’t be issued against private or ministerial office

Note: This writ gives the right to seek redressal to any individual other than the aggrieved person.

General Facts about Writs in India:

Article 32 also empowers Parliament to authorize any other court to issue these writs

Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs

Article 226 empowers all the High Courts of India to issue the writs

Writs of India are borrowed from English law where they are known as ‘Prerogative writs’

CSE exam aspirants must also know the difference between the Writ Jurisdiction of Supreme Court and High Court, as discussed below.