Describing any court as 'lower courts' undermines constitutional ethos, says Supreme Court

NEW DELHI: The Supreme Court on Friday reiterated that trial courts should not be referred to as "lower courts," saying that such terminology goes against the ethos of the Constitution.

A bench of justices Abhay S Oka and Augustine George Masih, while acquitting two life convicts in a 1981 murder case, said, "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.'"

"Describing any court as a 'lower court' is against the ethos of our Constitution," said Justice Oka, who authored the verdict for the bench.

He noted that the apex court registry had issued a circular in February last year to implement this directive. Justice Oka urged high courts to take note of the direction and act accordingly.

The verdict came in response to appeals by two convicts challenging the October 2018 decision of the Allahabad High Court , which had upheld their conviction and life imprisonment in a murder case. The convicts had approached the high court to challenge the trial court's verdict.

Earlier, in February 2024, a bench of justices Oka and Ujjal Bhuyan had directed the apex court's registry to stop using the term "lower courts" to describe trial courts. The court said that even the records from trial courts should not be referred to as "lower court records."

Meanwhile, Justice Oka demitted office on Saturday after serving as a judge for 21 years and 9 months.

Reflecting on his judicial career, Justice Oka said he became so immersed in his work that "judgeship became life and life became judgeship."

He emphasised that while joining the bench may not bring the same income as a legal practice, the job brings immense professional satisfaction.

"Judgeship is a beautiful concept. When you are a lawyer, you may have several constraints, but when you are a judge, nobody controls you except the Constitution, the laws, and your own conscience," Justice Oka said.