Trial Courts Must Not Be Called ‘Lower Courts’; Terms It Contrary To Constitutional Ethos: Supreme Court
The Supreme Court has once again strongly disapproved of the practice of referring to trial courts as “lower courts,” asserting that such terminology undermines the constitutional ethos and institutional dignity of the judiciary.
The Bench of Justice Abhay S. Oka and Justice Augustine George Masih made the observation while delivering a judgment acquitting two men who had been serving life sentences in a 1981 murder case.
The verdict set aside a 2018 decision of the Allahabad High Court that had upheld the trial court’s conviction of the appellants.
“Before we part with the judgment, we reiterate the direction issued in the order dated February 8, 2024, that the record of the trial court should not be referred to as ‘lower court record,’” the Bench stated in its judgment dated May 23.
Justice Oka, who authored the judgment, emphasized that labeling trial courts as “lower” is inconsistent with the constitutional vision of a unified and hierarchical but dignified judicial structure. “Describing any court as a ‘lower court’ is against the ethos of our Constitution,” the Court said.
The Bench called on all High Courts to implement the directive and take necessary steps to discontinue the use of the term “lower court” across all legal and administrative communications.
The Court also noted that the Supreme Court Registry had already issued a circular in February 2023 to this effect. "The Registry has issued a Circular dated 28th February 2024 for giving effect to the order. The High Courts must take note of the above direction and act upon the same," it said.
This is not the first instance of such a direction. In a previous order dated February 8, 2024, the Bench comprising Justice Oka and Justice Ujjal Bhuyan had directed the Registry of the Supreme Court to refrain from using the term even while referring to records or documents, stating, “Even the records from trial courts should not be referred to as ‘lower court records’.”
The Court made the observation while dealing with Appeals challenging the conviction of two individuals in a decades-old murder case.
After reviewing the evidence, the Court found the prosecution’s case unsustainable and acquitted both convicts.
Justice Oka, who was elevated to the Supreme Court in August 2021, retired on May 18, 2025, concluding a judicial career spanning nearly 22 years.
Case Title: Sakhawat & Anr. v. State of Uttar Pradesh