The legal system of India is a collection of laws representing its origin from diverse sources starting with the customs of the primitive Vedas included in the today’s Hindu personal laws which governs fundamentally an area of an adoption, marriage, guardianship and succession. After an advent of the Islamic rulers in the country Islamic law gained fame in an area of personal laws and proceeds to rule the Muslim Personal law till day in India. Subsequently, with an advent of British rule in the country, Common law system became component of an Indian legal system.
Questions of law and facts comprising an application of provisions of law derived from the diverse sources of legal law are heard upon by the trio tier hierarchy of courts following in India namely by the criminal courts, civil courts, family courts and different district courts which frame the preliminary level in this hierarchy followed by the High Courts of different States and ultimately, by the Supreme Court of India which snugly being at the top of this hierarchy.
High Courts exist at the topmost position of ranking in each of the states and, entertain both of the jurisdictions: – original and an appellate, over the district courts of the States. Almost all work of High Courts comprises of appeals from low courts, writ petition filed under article 226 of an Indian Constitution and power of superintendence under article 227 of an Indian Constitution. Therefore High Court is a highest court of appeal in matters concerning the civil and criminal cases of a State.
In comparison, the Supreme Court of India is an Apex court of appeal in the India. An appellate jurisdiction of Apex Court can be raised by certificate issued by High Court under an Article 132(1), Article 133(1) and that of Article 134 of Indian constitution in matter concerning of any judgment or final order of the High Court in both criminal and civil cases.