Jahanvi Agarwal
In a recent development, the Supreme Court has issued directives to its own Registry, urging the cessation of the term “lower court” in reference to trial courts. Justices Abhay S. Oka and Ujjal Bhuyan presided over the matter and emphasized the need to replace the term “lower court” with “trial court” in all official correspondence.
The Court’s stance was articulated as follows: “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).”
Furthermore, the Court directed its Registrar (Judicial) to ensure compliance with this directive and instructed the dissemination of this order to relevant officials. This decision was made during the hearing of a criminal appeal filed by Sakhawat and another individual against an order of the Allahabad High Court.
The genesis of this directive can be traced back to a judgment delivered on November 9, 2023, in response to a Public Interest Litigation filed by advocate Ashwini Kumar Upadhyay. In that judgment, the Supreme Court, led by Chief Justice of India D Y Chandrachud, highlighted the significance of the district judiciary within the legal framework. It clarified that while the Constitution employs the term “subordinate” to describe the district judiciary, this designation should not be interpreted literally. The Court emphasized that the district judiciary is an integral component of the basic structure of the Indian judicial system.
By issuing these directives, the Supreme Court seeks to uphold the dignity and importance of trial courts within the legal hierarchy, aligning with its commitment to judicial integrity and fairness.
Case Name: Sakhawat & Anr v. State of Uttar Pradesh
Dairy Number: 47260/2018
Bench: Justices Abhay S. Oka and Ujjal Bhuyan