Supreme Court: Referring to Trial Courts as “Lower Courts” Is Unconstitutional
- PRABAHAT KUMAR BILTORIA
- 26 May 2025

The Supreme Court of India ruled that referring to trial courts as “lower courts” is unconstitutional. This decision reaffirms the equality of all courts under the Indian Constitution and highlights concerns about unfair investigation in a criminal appeal.
Supreme Court Declares Term “Lower Court” Unconstitutional
In a landmark observation, the Supreme Court of India has emphasized that referring to any court as a “lower court” violates the spirit of the Constitution of India. The Court stated that records from a Trial Court should not be labeled as “Lower Court Records.”
Justices Abhay S. Oka and A.G. Masih Reinforce Constitutional Values
During a recent criminal appeal, a bench comprising Justice Abhay S. Oka and Justice A.G. Masih reiterated the importance of using the correct terminology. They asserted that the term “Lower Court Record (LCR)” should be replaced with “Trial Court Record (TCR).”
Registry Circulars Support Supreme Court Directive
The Court referred to its earlier judgment dated February 8, 2024, wherein it directed the Registry to avoid the term “Lower Court Record.” Following this directive, a circular was issued on February 28, 2024, formalizing the usage of “Trial Court Record (TCR)” in all official documentation.
Case Background: Overturning a Life Sentence
These observations came during a case in which the Supreme Court overturned a life sentence previously handed down under Sections 302 and 307 of the Indian Penal Code (IPC). The appellants were initially convicted of serious criminal offenses.
Failure of Fair Investigation Highlighted
The Court found that the prosecution failed to conduct a fair investigation. It had suppressed vital affidavits from witnesses PW-5 to PW-7, relying solely on the testimony of PW-4. This lack of due diligence raised serious concerns about the reliability of the conviction.
Suppressed Evidence and Missing Weapons
Adding to the concerns, the weapons of offence were never recovered, and no further investigation was carried out despite the affidavits pointing to critical leads. The Court deemed this failure significant, ultimately determining that the conviction was unsafe under these circumstances.
Conclusion: Upholding Judicial Dignity Through Language
The Supreme Court’s stance on avoiding the term “lower court” is more than a semantic correction—it’s a reaffirmation of the equality and dignity of all courts within India’s judicial system. By insisting on the use of “Trial Court Record (TCR)” instead of “Lower Court Record (LCR),” the Court sends a powerful message about respecting constitutional values and ensuring procedural fairness. This case also underscores the critical importance of thorough and unbiased investigations in criminal trials, reinforcing the judiciary’s role as the guardian of justice and fairness.
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