India
Answer ... Broadly speaking, there are three levels of courts.
The Supreme Court of India is the highest constitutional court and the highest court of appeal in the country. Appeals from the high courts and appellate tribunals (created under specific statutes) lie before the Supreme Court. It also entertains powers of original jurisdiction with respect to disputes between states or between a state and the central government. Further, it exercises writ jurisdiction under Article 32 of the Constitution, hearing disputes pertaining to infringement of fundamental rights of citizens. It also exercises advisory jurisdiction, providing opinions on questions of law or facts of public importance which are referred to it by the president under Article 143 of the Constitution. The Supreme Court also exercises review jurisdiction – that is, it has the power to review its own decisions under Article 137 of the Constitution.
The high courts are the highest court of law at the state or union territory level. High courts entertain appeals from courts that are subordinate to them (ie, district and session courts). Certain high courts (Bombay, Delhi, Kolkata and Madras) also exercise original jurisdiction with regard to disputes of a civil nature which meet the prescribed pecuniary limit. For instance, the Delhi High Court has a pecuniary jurisdiction of INR 20 million; therefore, suits with a value lower than INR 20 million will not be entertained by the Delhi High Court, but will be entertained by the concerned court at the district level.
The district and sessions courts are the highest courts in a district. Subordinate to them are the chief metropolitan magistrate, metropolitan magistrates, senior civil judges, civil judges and so on. Depending on the subject matter or value of the dispute, or the nature of the offence, the concerned court hears the matter at first instance.
This court system is supplemented by a system of tribunals. Tribunals have their own structure as established under their respective statutes. However, even in the case of tribunals, the ultimate court of appeal is the Supreme Court of India.
India
Answer ... There are a number of specialist courts and tribunals in India, which include the following:
- The National Company Law Tribunal hears company and insolvency matters at the first instance.
- The National Company Law Appellate Tribunal hears appeals against decisions of the National Company Law Tribunal and the Competition Commission of India.
- The National Green Tribunal hears disputes under various environmental laws.
- The Central Electricity Regulatory Commission and State Electricity Regulatory Commissions hear electricity-related matters at first instance.
- The Appellate Tribunal for Electricity hears appeals from the Central Electricity Regulatory Commission or State Electricity Regulatory Commissions.
- The State Commissions or District Forums hear consumer-related disputes at first instance, depending on the value of the dispute.
- The National Consumer Disputes Redressal Commission hears consumer disputes with a value of more than INR 10 million at first instance. It also hears appeals from the State Commissions or District Forums.
- The Income Tax Appellate Tribunal (ITAT) hears appeals from Direct Taxes Acts. Appeals against orders of the ITAT are heard by the high court, provided that a substantial question of law is involved.
- The Central Administrative Tribunal hears disputes or complaints with regard to recruitment and conditions of service of persons appointed by the government or other authorities under the control of the government.
- The Competition Commission of India hears competition-related disputes such as those involving abuse of dominant position or anti-competitive agreements.
- The Customs, Excise and Service Tax Appellate Tribunal hears appeals against orders passed by the Commissioners of Customs and Excise and Service Tax under the Customs Act, 1962, the Central Excise Act, 1944 and the Finance Act 1994. It is also empowered to hear appeals against orders passed by the Designated Authority in relation to anti-dumping duties under the Customs Tariff Act, 1975, and appeals concerning customs house agent licensing.
- The family courts hear family-related disputes such as those involving divorce or guardianship.
- The labour courts hear labour-related disputes under the different labour laws in India.