High Courts and District Courts

The topic for District Court and High Court will look into the functions of the district court and high court in the country. Also, we will briefly look at the difference between district court and high court.

The administration of India is divided into three branches of Government- Legislature, Executive, and Judiciary. Among these, the Judiciary is the most powerful. In India, the Judiciary has an independent status. The other branches of the government cannot interfere in the functioning and working of the Judiciary in India. Judiciary is that branch of government that interprets law and order in the country, settles several disputes among citizens and other branches. This branch of governance is also known for its function of working as a watchdog of Democracy. 

The structure of the Judicial system in India is pyramidal in structure. At the top of this structure is the Supreme Court, while under this is the District Court and High Court. The structure:

It must be noted that the independence of the Judiciary does not mean that the Judiciary can work arbitrarily, without accountability. As per the Constitution of India, the Indian Judiciary is accountable to it.

Now, let us look at the functions of the district court and high court. 

High Court

High courts are the court of appeal for the citizens, at the state level. It is the court that administers the affairs of the respective states. The High Courts of India has the consultative role, in addition to its role of supervision. High Courts have the responsibility of protecting the rights vested upon the citizens. It must be noted that currently, there are 25 High Courts in India. Among these, there are six High Courts that have its jurisdiction for more than one state or Union Territory-

  • Guwahati High Court

  • Bombay High Court

  • Kolkata High Court

  • Madras High Court

  • Kerala High Court

  • Punjab and Haryana High Court

The functions of the High Court include the following-

  • High Courts are the court of record. The records from the High Courts can be used by the Subordinate courts for reference while making its judgements.

  • High Courts have the power of Judicial Review. It has the power to declare any law or policy invalid or void if it violates the provisions of the Constitution of India. 

  • The High Court has the power of administrative power. It holds a certain control over the administration and working of the Subordinate Courts. 

  • The High Courts of India has two jurisdictions. These include- Original Jurisdiction and Appellate Jurisdiction. The former is the exclusive right enjoyed by the High Courts. While the latter is the jurisdiction for an appeal made by the Subordinate Court. 

District Court

The District Courts in India are local courts of the State Government in India. For a single or many districts, a district court is given the autonomy to make provisions or settle disputes, etc. These courts handle cases that are raised in one or more districts in the respective states. The District Courts in India are given the authority to administer justice, law, and order at the district level. These courts consider the appeals on several decisions and provisions that are given by the Lower Courts. They involve serious criminal cases or offences. 

The district courts are entrusted with the Original and Appellate Jurisdictions of the courts, with regards to Criminal and Civil Cases within one or more districts of the states. These courts are presided over by the district judges. These courts are accountable to the High Courts of the respective States. The judges of the district courts are appointed by the Governor of the respective states, after consultation with the Chief Justice of the State of High Court. 

Both the district court and High Court are accountable to the Constitution of India. 

Let us look at the difference between district courts and high courts in India

Difference

District Courts

High Courts

The District Courts in India are given the authority to administer justice, law, and order at the district level.

The high court administers the affairs of the respective states. 

The district courts are entrusted with the Original and Appellate Jurisdictions of the courts, with regards to Criminal and Civil Cases within one or more districts of the states.

High Courts are entrusted with the power of Recording, Judicial Review; in addition to the Original and Appellate Jurisdiction. 

These Courts are presided over by the district judges.

These Courts are presided over by the Chief Justice of the State. 

 Conclusion

The Judicial Branch includes Supreme Court, District Court, and High Court, Sessional Court. The Judiciary has an independent status. The structure of the Judicial system in India is pyramidal in structure. At the top of this structure is the Supreme Court, while under this is the  High Court and District Court  . The High Courts of India have the consultative role, in addition to its role of supervision. High Courts have the responsibility of protecting the rights vested upon the citizens. A district court is given the autonomy to make provisions or settle disputes, etc. at the district level. Both the district court and High Court are accountable to the Constitution of India. 

faq

Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

Give one point of difference between district courts and high courts in India?

Ans : District Courts are presided by the district judges, while High Courts are presided by the Chief Justice of th...Read full

Give one function of district court and high court each?

Ans : High Courts are the court of record. These can be used by the Subordinate courts for reference while making th...Read full