Written By: Runjhun Sharma
Hierarchy of courts and judges in India – quick reference
- Supreme Court (Articles 124–147): Chief Justice of India + up to 33 judges; appointed by the President on the collegium’s recommendation; retire at 65. Sits in benches of 2 (Division), 3 (Full) or 5+ (Constitution).
- High Courts (Articles 214–231): 25 High Courts; judges appointed under Article 217, retire at 62. Writ jurisdiction under Article 226, supervisory jurisdiction under Article 227, appeals and revisions from district courts; five High Courts (including Delhi) also try high-value civil suits.
- District judiciary (Articles 233–237; Sections 6–23 BNSS; State Civil Courts Acts): District & Sessions Judge → Additional District & Sessions Judges → Civil Judge (Senior Division) / Chief Judicial or Chief Metropolitan Magistrate → Civil Judge (Junior Division) / Judicial or Metropolitan Magistrates.
- Sentencing powers (BNSS, 2023): Sessions Judge – any sentence, death subject to High Court confirmation (s.22); Chief Judicial / Chief Metropolitan Magistrate – up to 7 years (s.23(1)); Magistrate of the first class / Metropolitan Magistrate – up to 3 years, fine up to ₹50,000, or community service (s.23(2)); Magistrate of the second class – up to 1 year, fine up to ₹10,000 (s.23(3)).
- Delhi: seven district court complexes (Tis Hazari, Karkardooma, Patiala House, Rohini, Saket, Dwarka and Rouse Avenue); civil suits above ₹2 crore are filed in the Delhi High Court, which has original jurisdiction.
- Other forums: tribunals (NCLT, DRT, CAT, ITAT and others) and quasi-judicial commissions sit outside this hierarchy, but their orders are reviewable by the High Courts and the Supreme Court.
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
Hierarchy of Courts and Judges in India
In Indian Judiciary System, the Judges have a hierarchy according to which they are seated in the respective courts.
The Judges at different levels have different powers and functions. The higher the judges are seated, the more is their power.
Indian Courts are in a Hierarchy for smooth functioning and to remove the pendency of cases. Had there been only one court for the country i.e. the Supreme Court then it would have been very burdensome. Therefore, not just every state has a High Court but every district or two has a District & Sessions Court to deal with cases on every level and to decrease the burden of courts.
Courts in India
The hierarchy of Courts in India is quite known but for the sake of it, are mentioned below-
- Supreme Court also known as the Apex Court of India, is the highest court of the country.
- High Court. There are 25 High Courts for the 28 States and 8 Union Territories; some serve more than one State or Territory (the Bombay High Court covers Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu; the Punjab and Haryana High Court covers both States and Chandigarh; the Gauhati High Court covers four north-eastern States).
- District Court or Sessions Court are the courts of the district which deals with the cases in the lowest level.
SUPREME COURT: The country consists of one Supreme Court which is supreme and higher than the High Courts. It is at the top in Decoding the Hierarchy of Courts in India. It is the responsibility of the Apex Court to administer justice all over India. The total no. of judges in Supreme Court can be 30-34, including the Chief Justice of India. The presiding officers of the Supreme Court is known as Justice and not judges or magistrate.
Judges Bench: As per Article 124 of the Indian Constitution, the Supreme Court shall consist of a Chief Justice and until Parliament by law appoints a larger number, not more than 7 other judges. The strength of Judges in Supreme Court is 34, including the Chief Justice of India.
There are three types of Benches in the Supreme Court:
- Division Bench: A bench of 2 judges is called a Division Bench.
- Full Bench: a bench of three judges is called a Full Bench.
- Constitution Bench: under Article 145(3), a bench of at least five judges must decide any case involving a substantial question of law as to the interpretation of the Constitution or a reference under Article 143; seven- and nine-judge benches are constituted to reconsider earlier Constitution Bench decisions.
Nine-judge benches are rare – the right-to-privacy case (K.S. Puttaswamy v. Union of India, 2017) was one. The largest bench ever constituted had thirteen judges, in Kesavananda Bharati v. State of Kerala (1973).
Supreme Court deals with three jurisdictions–
Original, Appellate and Advisory Jurisdictions.
Original Jurisdiction:
- Its original jurisdiction extends to any dispute arising between the government and states.
- Enforcement of Fundamental Rights as per Article 32 of the Indian Constitution.
- The Supreme Court can direct transfer of cases from one high court to another or from a subordinate court to a higher court.
- May withdraw any case pending in the High Court and can dispose it off itself.
Appellate Jurisdiction:
- When any one of the party of the case is not satisfied with the order passed by the High Court, then such order can be pointed out and presented in the Supreme Court.
- When the case involves a substantial question of law or of general importance.
- When the High Court is of the opinion that the case is a fit for an appeal in the Supreme Court.
Advisory Jurisdiction
- The Supreme Court has an advisory jurisdiction on any matter specifically referred to it by the President of India under Article 143 of the Constitution.
- The President can obtain the advice of the Supreme Court if any question of law or fact arises.
- The Supreme Court has been provided the power to refuse to give an opinion on the matter.
HIGH COURT: There are 25 High Courts; most States have their own, while a few share one. High Courts administer justice in India at State level. Article 214 to 231 of the Indian Constitution deals with the provisions of the High Court. The record of judgements of High Courts can be used by Subordinate Courts for deciding cases. The presiding officers of the High Court are known as Justice and not judges or magistrate. A High Court sits in Single Benches, Division Benches of two judges and, when the Chief Justice so directs or a question is referred, Full Benches of three or more judges.
High Courts deal with two jurisdictions–
Original and Appellate Jurisdiction
Original Jurisdiction
- The High Court has the Original Jurisdiction to issue writs in order to enforce fundamental rights.
- Election Petitions can be heard by High Court.
- Civil matters with the higher case amounts (varies from state to state) can be heard by the High Court.
Appellate Jurisdiction
- An appeal can be made to the High Court against a District Court’s decision.
- The power to review a matter of the subordinate court lies with the High Court.
- If the High Court certifies that the case involves a substantial question of law or fact.
DISTRICT or SESSIONS COURT: The court of the district that deals with civil matters are known as District Court while the court of the district that deals with criminal matters are known as Sessions Court. District and Sessions Courts administer justice in India at district level. District Courts have two jurisdictions- Original and Appellate Jurisdiction. The presiding officers of the District & Sessions Courts are referred as Judges/Magistrate.
Presiding officers on the civil side are called Judges (District Judge, Additional District Judge, Civil Judge); on the criminal side the Sessions Judge and Additional Sessions Judges try serious offences while Magistrates try the rest. Their powers differ: a Magistrate’s sentencing power is capped by Sections 22 and 23 of the BNSS (formerly 29 CrPC), while the Sessions Judge may pass any sentence authorised by law.
The district court has appellate jurisdiction over all subordinate courts situated in the district, both civil or criminal matters.
All the matters of the subordinate courts are to be appealed in the District Court including matters of civil as well as criminal nature.
Hierarchy of Judges in India.
The Indian judiciary is a hierarchical system, with various levels of judges presiding over different types of cases. The hierarchy of judges in India can be broadly categorized into four levels: district judges, high court judges, Supreme Court judges, and the Chief Justice of India.
- District Judges: the District and Sessions Judge heads the judiciary of a district. District Judges are appointed by the Governor in consultation with the High Court (Article 233), either by promotion from the subordinate judicial service or directly from advocates with at least seven years’ practice. As District Judge he hears the most valuable civil suits and appeals from the Civil Judges; as Sessions Judge he tries the gravest offences and may pass any sentence authorised by law, including death, which requires confirmation by the High Court (Section 22 BNSS, formerly 28 CrPC). Below him work Additional District Judges, Civil Judges (Senior and Junior Division) and, on the criminal side, the Chief Judicial or Chief Metropolitan Magistrate and Judicial or Metropolitan Magistrates.
- High Court Judges: High court judges are appointed by the President of India, and they preside over cases in the high courts. The high courts are the second highest level of courts in India, and are located in each state of the country. High Court judges hear appeals and revisions from the district courts, writ petitions under Article 226 and, in Delhi, Bombay, Calcutta, Madras and Himachal Pradesh, original civil suits above the prescribed value. They are appointed by the President after consultation under Article 217 (the collegium process) and retire at 62.
- Supreme Court Judges: Supreme Court judges are appointed by the President under Article 124 on the recommendation of the collegium of the Chief Justice and the four senior-most judges, and retire at 65. The Court hears appeals and special leave petitions from every High Court and tribunal, original disputes between governments and writ petitions under Article 32. The Court’s sanctioned strength is 34 judges including the Chief Justice (Supreme Court (Number of Judges) Amendment Act, 2019).
- Chief Justice of India: The Chief Justice of India is the highest judicial position in India, and is appointed by the President of India. The Chief Justice presides over the Supreme Court, and is responsible for the overall administration of the Indian judiciary.
In addition to these four levels, there are also specialized courts in India, such as family courts, consumer courts, and labor courts, which are presided over by judges with specific expertise in those areas.
The hierarchy of judges in India plays a crucial role in ensuring the proper functioning of the judicial system, and in ensuring justice for all citizens of the country.
How judges are appointed and promoted
- Supreme Court and High Court judges are appointed by the President under Articles 124 and 217. Since the Second and Third Judges cases (1993, 1998) the recommendation of the collegium – the Chief Justice of India and the four senior-most judges for the Supreme Court, and the Chief Justice and two senior-most judges for High Courts – is binding. The National Judicial Appointments Commission created by the 99th Amendment was struck down in Supreme Court Advocates-on-Record Association v. Union of India (2015), so the collegium system continues.
- Qualifications: a Supreme Court judge must have been a High Court judge for five years or a High Court advocate for ten years, or be a distinguished jurist (Article 124(3)); a High Court judge must have held a judicial office for ten years or practised as an advocate for ten years (Article 217(2)).
- District Judges are appointed by the Governor in consultation with the High Court (Article 233): a share of posts is filled directly from advocates with at least seven years’ practice through the Higher Judicial Service examination, the rest by promotion of Civil Judges. In All India Judges’ Association v. Union of India (May 2025) the Supreme Court restored the requirement of three years’ practice at the Bar for entry-level Civil Judge recruitment.
- Civil Judges and Magistrates are recruited by the State Public Service Commission or the High Court through the Judicial Service examination (Articles 234–235); the High Court controls their postings, promotions and discipline.
- Retirement ages: Supreme Court 65, High Court 62, district judiciary 60 (raised from 58 after the All India Judges’ Association directions, subject to an assessment of fitness at 58).
Which court hears what: civil and criminal in Delhi
| Court | Civil side | Criminal side |
|---|---|---|
| Delhi High Court | Original suits above ₹2 crore (Commercial Division for commercial disputes); first appeals from District Judges; second appeals; writs under Articles 226–227; Letters Patent appeals | Appeals from Sessions Courts; confirmation of death sentences; revisions; quashing petitions under Section 528 BNSS; bail under Section 483 |
| District & Sessions Judge / Additional District & Sessions Judges | Suits valued ₹3 lakh to ₹2 crore (District Judge (Commercial) for commercial disputes above ₹3 lakh); appeals from Civil Judges; matrimonial and succession matters where designated | Sessions trials (murder, rape, dacoity, NDPS, POCSO and other offences triable exclusively by Sessions); appeals and revisions from Magistrates; bail under Section 483; anticipatory bail under Section 482 |
| Civil Judge (Senior / Junior Division) | Suits up to ₹3 lakh; injunctions, recovery, possession and partition of smaller value | – |
| Chief Metropolitan Magistrate / Additional CMM | – | Offences punishable up to 7 years; cheque bounce complaints under Section 138 NI Act are assigned to Metropolitan Magistrates |
| Metropolitan Magistrates | – | Offences punishable up to 3 years; remand, FIR directions under Section 175(3) BNSS, committal of Sessions cases, maintenance under Section 144 BNSS where designated |
Pecuniary limits are those notified for Delhi; other States set their own. See also our guides to the Delhi High Court’s jurisdiction, special leave petitions and review, revision and appeal, and use the court fee and jurisdiction calculator to find the right court for a civil claim in Delhi.
Frequently asked questions
The sanctioned strength is 34 – the Chief Justice of India and 33 other judges – fixed by the Supreme Court (Number of Judges) Amendment Act, 2019. The actual number varies as judges retire and new appointments are made.
A bench of at least five judges of the Supreme Court. Article 145(3) requires such a bench for any case that involves a substantial question of law on the interpretation of the Constitution and for presidential references under Article 143.
Yes. Judicial Magistrates and Metropolitan Magistrates are members of the State judicial service, appointed and controlled by the High Court. They try less serious offences; their sentencing power is limited by Section 23 of the BNSS to three years’ imprisonment (seven years for a Chief Judicial or Chief Metropolitan Magistrate).
The District and Sessions Judge, who is called the District Judge when hearing civil matters and the Sessions Judge when hearing criminal matters. The post is one and the same person.
On the civil side, the court of the Civil Judge (Junior Division) – in some States still called the Munsif’s court; on the criminal side, the court of a Judicial Magistrate of the second class. Gram Nyayalayas and Lok Adalats also work at the village and taluk level.
No. India has 25 High Courts. Most States have one, but several share: for example Punjab, Haryana and Chandigarh share the Punjab and Haryana High Court, and Assam, Nagaland, Mizoram and Arunachal Pradesh share the Gauhati High Court.
Keep following Century Law Firm for more such info.
Also Read:
