'Trial' courts not to be referred as 'Lower'" – SC directs registry

'Trial' courts not to be referred as 'Lower'" – SC directs registry

In a gesture aimed at reshaping the language and perception surrounding India's judicial hierarchy, the Supreme Court has issued a directive that's more than just semantics. In a recent ruling, the apex court commanded its registry to abandon the term "lower courts" in all official correspondence and instead embrace a more dignified title: "trial courts."

This directive was issued by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan during the hearing of a criminal appeal related to a murder case.

The court explicitly stated, "It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred to as the Trial Court Record (TCR). The Registrar (Judicial) took note of this order. A copy of this order be sent to him."

This recent move echoes the sentiments expressed by Chief Justice of India (CJI) DY Chandrachud back in November 2022 when he advocated against labeling district courts as subordinate courts. CJI Chandrachud emphasized that all courts, irrespective of their hierarchical position, play an integral role in the administration of justice.

Furthermore, CJI Chandrachud urged a shift in the mindset of higher court judges, emphasizing the need to discard the term "subordinate judiciary" when referring to district judiciary. This change in nomenclature reflects a broader effort to foster a more egalitarian and respectful environment within the judicial system.

Representing the State of Uttar Pradesh during the aforementioned case, Senior Advocate and Additional Advocate General Ardhendumauli Kumar Prasad took part in the proceedings. On the other side, Senior Advocate Manoj Prasad represented the petitioner.

Case: Sakhawat vs State of Uttar Pradesh,

Petition(s) for Special Leave to Appeal (Crl.) No(s). 1936/2019.

Click to read/download order.

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