#### **Historical Background**
The Indian judicial system is based on the framework established during British rule. Before the British established a formal judicial system, various regions of India had their own systems of justice based on local customs, traditions, and religious laws.
**1. High Courts:**
- The origins of High Courts in India can be traced back to the British period, particularly after the passing of the **Indian High Courts Act of 1861**. This Act marked the establishment of the first three High Courts in **Calcutta**, **Bombay**, and **Madras** (now Kolkata, Mumbai, and Chennai).
- These High Courts replaced the **Supreme Courts** (not to be confused with the Supreme Court of India) and the **Sadar Adalats** that existed before 1861 in the Presidencies of Bengal, Bombay, and Madras.
- Over time, as India expanded administratively, more High Courts were set up in various provinces and princely states. By 1947, when India gained independence, there were multiple High Courts across the country, many of which were reorganized after independence.
**2. Subordinate Courts:**
- The subordinate or lower courts existed even before British rule, largely informal or community-based courts functioning under local governance.
- The British brought structure to the lower judiciary through various laws, particularly the **Indian Penal Code (1860)** and **Code of Criminal Procedure (1861)**, which formalized the functions and hierarchy of lower courts.
- Subordinate courts are now organized into civil and criminal courts, forming a pyramid-like structure below the High Courts.
#### **Structure and Hierarchy**
The Indian judiciary follows a three-tier structure, with the **Supreme Court** at the apex, followed by **High Courts** at the state level, and **subordinate courts** functioning under the High Courts.
**1. High Courts:**
- High Courts are the highest courts in individual states or group of states and Union territories. They have jurisdiction over civil and criminal matters arising within their territory.
- Article 214 of the **Indian Constitution** mandates the establishment of High Courts for each state. Some states, especially smaller ones, may share a High Court.
- High Courts function both as a court of **original jurisdiction** (in some matters like writ petitions, company law cases, etc.) and as a **court of appellate jurisdiction**, hearing appeals from subordinate courts.
- There are currently 25 High Courts in India, with many being established post-independence as the country expanded administratively.
**2. Subordinate Courts:**
- **District Courts:** These courts are at the district level and function as both trial and appellate courts for civil and criminal matters. Each district usually has a District Judge (civil matters) and Sessions Judge (criminal matters).
- **Civil and Criminal Courts:** Below the district courts, the civil courts handle disputes related to property, contracts, and family law, while criminal courts handle offenses under the Indian Penal Code.
- **Civil Courts:** These include Munsif Courts, Subordinate Judge Courts, and District Judge Courts, depending on the value of the suit.
- **Criminal Courts:** These include Magistrate Courts (Chief Judicial Magistrates, Metropolitan Magistrates, etc.) and Sessions Courts.
- **Special Courts:** India has also established special courts, such as Family Courts, Labour Courts, and Consumer Courts, to deal with specialized areas of law.
### **Functions and Administrative Relevance**
**1. High Courts:**
- **Judicial Review**: High Courts have the power of judicial review under Article 226 of the Constitution. This allows them to issue writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) to enforce fundamental rights and correct administrative or judicial errors.
- **Appellate Jurisdiction**: High Courts hear appeals from subordinate courts on both civil and criminal matters. They also review administrative tribunals' decisions.
- **Superintendence of Subordinate Courts**: High Courts have administrative control and supervision over the lower judiciary under Article 227 of the Constitution. They ensure that subordinate courts function efficiently and maintain judicial discipline.
- **Public Interest Litigations (PILs)**: High Courts, like the Supreme Court, entertain PILs and play a crucial role in addressing social, environmental, and human rights issues at the state level.
**2. Subordinate Courts:**
- **Trial and Disposal of Cases**: Subordinate courts are the primary courts where civil and criminal cases are first heard. These courts serve the majority of the population by addressing local disputes, family matters, property issues, and criminal offenses.
- **Maintenance of Law and Order**: Criminal courts, particularly the magistrate courts, are responsible for the prosecution of crimes, maintaining law and order, and delivering justice at the grassroots level.
- **Justice Delivery at the Local Level**: Subordinate courts make the judicial system accessible to common people, reducing the burden on higher courts by addressing a vast majority of disputes at the initial stages.
- **Specialized Courts**: With an increasing emphasis on speedier justice in particular areas, special courts like family courts, consumer courts, and fast-track courts address specific legal needs of society efficiently.
### **Merits and Demerits**
#### **Merits:**
1. **Access to Justice**: The existence of High Courts in all states and subordinate courts at the district level ensures the judicial system is accessible to the population.
2. **Supervisory Role**: The High Courts’ supervisory powers over the lower judiciary ensure accountability and discipline within the subordinate judiciary.
3. **Flexibility and Specialization**: The establishment of special courts and benches within the High Courts enables the system to address specific legal areas efficiently (e.g., commercial courts, green benches for environmental cases).
4. **Constitutional Safeguard**: High Courts, by virtue of their writ jurisdiction, serve as vital safeguards for citizens' constitutional rights against state and central encroachments.
#### **Demerits:**
1. **Backlog of Cases**: Both High Courts and subordinate courts are plagued by huge backlogs, contributing to delays in justice. As of 2024, over 40 million cases are pending in Indian courts, with the subordinate courts handling the majority.
2. **Vacancies and Understaffing**: Many courts face a shortage of judges and judicial staff, exacerbating delays. High Courts often function with a significant percentage of judicial vacancies.
3. **Lack of Infrastructure**: Many subordinate courts lack modern infrastructure, including technological support for speedy disposal of cases.
4. **Corruption and Inefficiency**: Allegations of corruption, particularly in the lower judiciary, tarnish the image of the judicial system. Delays and inefficiency also erode public confidence in the courts.
### **Conclusion**
The Indian judicial system, including the High Courts and subordinate courts, plays a fundamental role in delivering justice to a vast and diverse population. High Courts are pivotal in maintaining constitutional checks and balances, while subordinate courts form the backbone of the country’s judicial system, delivering justice at the local level. However, systemic reforms in staffing, infrastructure, and reducing backlogs are crucial to maintaining the effectiveness of these institutions in upholding justice.
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