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sumit

sumit (Querist)
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15 April 2012 What is the difference among High Court, Supreme Court and Apex Court?

Ajay Mishra

Ajay Mishra (Expert)
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15 April 2012 Hi

Apex Court:

The term is mostly found in texts originated in India, where the Apex Court stands for the Indian Supreme Court.
Most other countries use the term "Supreme Court," although there may be variations in some places. In the United States, the high court is called the Supreme Court of the United States, but is more commonly referred to as the US Supreme Court.

Both Apex and Supreme typically refer to a government body's highest court of appeals.

The Supreme Court:

The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the Constitution.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against judgments of the High Courts of the states and territories. Also, disputes between states or petitions involving a serious infringement of fundamental and human rights are usually brought directly to the Supreme Court. The Supreme Court of India held its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.

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Ajay Mishra

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15 April 2012 The High Court:

The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the High court in the state are not competent (not authorized by law)to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or Federal law. e.g.: Company law cases are instituted only in a High court.
However, primarily the work of most High Courts consists of Appeals from lower courts and writ petitions in terms of Article 226 of the Constitution of India. Writ Jurisdiction is also original jurisdiction of High Court.The precise territorial jurisdiction of each High Court varies. The appeal order is the following ; tehsil-kotwali-criminal/civil courts-district court - high court - supreme court.
Each state is divided into judicial districts presided over by a 'District and Sessions Judge'. He is known as a District Judge when he presides over a civil case, and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority below a High Court judge. Below him, there are courts of civil jurisdiction, known by different names in different states.
Under Article 141 of the Constitution of India all courts in India which includes High courts are bound by the judgments and orders of the Supreme Court of India by precedence.
Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. High Courts are headed by a Chief Justice. The Chief Justices are ranked #14 (in their state) and #17 (outside their state) in the Indian order of precedence. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher.

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