Integrated, Dual and Cantonal Court Structures

In one line

India has one pyramid of courts for federal and State law alike, the United States has two parallel systems, and Switzerland has twenty six cantonal systems under one federal court.

In the wording a student can write in an exam: a federation may have an integrated judiciary, in which a single hierarchy of courts applies both federal and unit law; a dual judiciary, in which separate federal and unit court systems exist side by side; or a cantonal or unit-based judiciary with a single federal court at the apex for questions of federal law.

India: integrated

One hierarchy. Subordinate courts under articles 233 to 237, High Courts under articles 214 to 232, and the Supreme Court under articles 124 to 147.

A district judge applies the Indian Penal Code, a State's tenancy law, the Contract Act and the Constitution in the same courtroom. There is no separate State court system and no separate Union court system.

Three features follow.

Appointment is shared. District judges are appointed by the Governor in consultation with the High Court under article 233; High Court judges are appointed by the President under article 217 after consultation with the Chief Justice of India, the Governor and, for a judge other than the Chief Justice, the Chief Justice of the High Court.

Control is judicial. Article 235 vests in the High Court the control over the district courts and courts subordinate to them, including the posting, promotion and grant of leave of persons belonging to the judicial service of a State.

The apex is single. Article 141 makes the law declared by the Supreme Court binding on all courts within the territory of India.

The integrated structure is one of the features listed in State of West Bengal v. Union of India, AIR 1963 SC 1241, as making the Constitution not traditionally federal.

The United States: dual

Two systems, side by side.

Federal courts. District courts, courts of appeals, and the Supreme Court. Created by Congress under Article III section 1, except the Supreme Court, which is required by it. They hear cases within the federal judicial power under Article III section 2.

State courts. Created by each State's own constitution and laws, with their own trial courts, appellate courts and supreme courts. They hear the great bulk of American litigation.

The connection. Article VI's supremacy clause binds State judges to the Constitution, laws and treaties of the United States, so a State court must apply federal law; and the Supreme Court of the United States has appellate jurisdiction over State court decisions on federal questions.

The consequence. A litigant may have a choice of forum, and a great deal of American procedural law is about which system hears a case.