By Harsh Singh Dahiya, Advocate, Supreme Court of India | Partner, Sterling & Partners

One of the most consequential decisions in any piece of litigation is choosing the right court. Filing at the wrong level wastes time, costs money, and can result in dismissal on jurisdictional grounds. In India’s tiered judicial system, the choice between approaching a High Court and approaching the Supreme Court is not merely one of preference — it is governed by the Constitution, statute, and well-established procedural rules. This post maps out the framework so that litigants and their counsel can make that decision with clarity.

The Hierarchy of Indian Courts

India operates a pyramidal court structure. At the base are the subordinate courts — Civil Judge Courts, Magistrate Courts, and District Courts — which handle the overwhelming majority of litigation in India. Above them, each state has one or more High Courts constituted under Article 214 of the Constitution. At the apex sits the Supreme Court of India, constituted under Article 124.

Key Takeaways

  • India’s judicial hierarchy runs from subordinate courts through District Courts, High Courts, and up to the Supreme Court; generally, remedies must be exhausted at each level before approaching the next.
  • The Supreme Court insists on exhaustion of High Court remedies in most cases before entertaining an SLP.

About Sterling & Partners
Sterling & Partners is a litigation-focused law firm with chambers at the Supreme Court of India, New Delhi. Contact us at sterlingpartners.law.