Differences between Supreme Court of India and High Court
The Government of India is divided into three branches:
- Executive
- Legislative
- Judiciary
The Judiciary is one of them that is independent, which means that neither the Legislative nor the Executive branches can meddle in judicial affairs. In order to preserve and defend the Indian Constitution, the courts are essential.
The Indian Constitution created the Supreme Court of India (SC) as the last court of appeal, placing it at the pinnacle of the judicial structure. At the state and union territory levels, the High Court (HC), the highest court, sits beneath it.
Key Difference Between Supreme Court and High Court
Difference | High Court | Supreme Court |
Position in Judiciary | Highest court at the state/union territory level | Apex court of India |
Authority Over Decisions | Decisions can be reviewed by the Supreme Court | Decisions are final and binding, with no further appeals |
Appointment of Judges | Judges are appointed by the President of India on the recommendation of the Governor of the concerned state | Judges are appointed by the President of India, in consultation with the Chief Justice of India and other Supreme Court judges |
Composition | Comprises a Chief Justice and other judges appointed by the President | Comprises a Chief Justice of India (CJI) and other judges appointed by the President |
Appeals | All decisions made by the High Court can be challenged in the Supreme Court | Supreme Court is the final court of appeal, and its decisions are binding. However, in criminal cases, the President of India may pardon or reduce sentences |
Jurisdiction | Has original jurisdiction in certain matters, such as issuing writs to protect fundamental rights | Has both original and appellate jurisdiction, including disputes between state and central governments or an individual and the state |
Types of Cases | Handles Civil, Criminal, and administrative matters | Deals with Civil, Criminal, and Constitutional matters |
Number of Courts | India has 25 High Courts | India has one Supreme Court |
Authority | Has authority over a specific state or union territory. | Has jurisdiction over the entire country. |
Original Jurisdiction | Can hear certain original cases such as writ petitions. | Holds original jurisdiction over major cases, such as disputes between states and the central government. |
Location | Situated in the capital city of a state or union territory. | Located in New Delhi, serving as the highest court in the country. |
High Court vs. Supreme Court: Understanding the Key Differences & Similarities
The three main branches of the Indian government are as follows:
- Executive: The Executive branch oversees carrying out laws.
- Legislative: In charge of drafting the legislation.
- Judiciary: The judiciary upholds the Constitution and ensures justice.
The Judiciary is one of them that operates independently, which means that neither the Legislative nor the Executive branches can meddle in its affairs. The Supreme Court sits atop the hierarchically organised judicial system, which is then followed by the state and union territory High Courts.
What is the High Court?
According to Article 214 of the Constitution of India, it is mandatory that every state and union territory in India have a High Court. At the state level, a high court is considered the highest form of judiciary and has the power to hear appeals from lower courts. Apart from that, it also can issue writs to protect fundamental rights.
Appointment of High Court Judges
According to Article 217 of the Constitution of India, High Court Judges are appointed by the President of India on recommendation provided by the Chief Justice of India (CJI) and the Governor of the particular state.
Advantages of High Court in India
There are several advantages of the High Courts of India. They are:
- The High Courts run as the highest judicial authority of the state.
- They hear appeals from lower courts and supervise government decisions made by the state.
- They can issue various writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari by enforcing the fundamental rights.
- They play an eminent role in invalidating unconstitutional state law.
- They are accessible to the people, with benches being set up for convenience in major towns.
- They can transfer the cases pending in lower courts to ensure a free trial.
Challenges Faced by High Courts
Some of the challenges faced by High Courts in India are:
- Case backlog: Pending cases in large numbers lead to delayed rendering of judgments, thus causing immense backlog.
- Limited accessibility: Since almost all High Courts are in the state capitals, a lot of people encounter difficulties with travel costs in attending the hearings.
What is Supreme Court of India
The Supreme Court of India is the nation's highest court and was founded in accordance with Article 124. For all civil, criminal, and constitutional cases, it serves as the last court of appeal. The Supreme Court has the power to interpret constitutional provisions and acts as the protector of the Indian Constitution.
New Delhi is home to the Supreme Court. It is composed of 33 Justices and a Chief Justice chosen by the President of India. The Supreme Court has the authority to interpret the Indian Constitution because it is regarded as its guardian. If the laws passed by state legislatures and parliament are determined to be unlawful, the Supreme Court has the authority to review them and declare them invalid.
Appointment of Supreme Court Judges
The President of India based on the recommendations provided by the CJI and other senior Supreme Court judges appoint the judges for Supreme Court of India.
Advantages of Supreme Court of India
Some of the advantages of having Supreme Court of India are given below:
- Judgement is Final: The judgment of the Supreme Court is final and binding on all courts of India.
- Judicial intervention: This can also scrutinize the various government policies and direct the High Courts to perform the necessary functions.
- Judicial review: Has powers to declare a law unconstitutional if it contravenes the Constitution.
- Open to all Indian Citizens: Any citizen can file a public interest litigation with the purpose of bringing a matter before the courts for public interest.
- Transfer of cases: Can transfer cases between different states or courts for fair and efficient hearing.
Challenges Faced by Supreme Court of India
Some of the challenges faced by the Supreme Court of India are given below:
- Heavy backlog of cases: With a large number of cases pending, this creates an enormous amount of delay.
- Geographical limitation: The Supreme Court sits in New Delhi mostly, rendering it out of reach for people living in the far, far corners of India.
What Are the Similarities Between the Supreme Court and High Courts of India
Some of the similarities between the Supreme Court and High Courts in India are given below:
Aspect | Similarities |
Judicial Authority | Both courts interpret and apply laws, ensuring justice is served. |
Appellate Jurisdiction | Both have appellate authority and can review lower court decisions. |
Constitutional Role | Both courts have the power to interpret the Constitution and ensure compliance. |
Precedent-Based Decisions | Follow the principle of precedent, meaning their decisions serve as guiding rulings for future cases. |
Judge Panels | Cases are heard by multiple judges rather than a single judge. |
Public Trust | Expected to maintain fairness, transparency, and impartiality in their judgments. |
Conclusion
In India's legal system, the Supreme Court and High Courts are essential. The Supreme Court continues to be the last court of appeal for the entire nation, even if High Courts are the highest authority at the state level.
To understand how India's judicial system preserves justice, defends the rule of law, and preserves constitutional integrity, one must be aware of its jurisdiction, authority, and limitations.
FAQs
- What kinds of cases are heard by the High Court?
In addition to appeals from lower courts, high courts hear a broad variety of cases, including administrative, civil, and criminal proceedings.
- What kinds of cases are heard by the Supreme Court?
The Supreme Court considers appeals from lower courts as well as cases pertaining to federal, criminal, civil rights, and constitutional issues.
- What distinguishes an appeal from a writ?
An appeal is a request to a higher court to review a judgement made by a lower court, whereas a writ is a formal legal order issued by a court.
- How long does it take the High Court to hear a case?
The complexity of the matter, the court's workload, and other variables all affect how long it takes for the High Court to hear a case.
- How long does it take the Supreme Court to consider a case?
The complexity of the case, the court's workload, and other variables all affect how long it takes for the Supreme Court to consider a case.
- Is it possible to appeal to a High Court ruling to the Supreme Court?
In some circumstances, it is possible to appeal a High Court's ruling to the Supreme Court.
- Is it possible to appeal a Supreme Court ruling to another court?
The Supreme Court's ruling is final, binding, and not appealable to any other court in the majority of nations.
- What distinguishes the Supreme Court from the High Court?
The Supreme Court is the highest court with final appellate jurisdiction, whereas the High Court is subordinate to it and hears appeals and initial cases at the state or federal level.
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