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Home > Articles > The Judicial System in India: Supreme Court, High Court, District and Subordinate Courts - Indian Polity Notes
Updated on 06th June, 2023 , 11 min read
Based on historical judicial precedents that were left behind by British colonial rule, the judicial system in India adheres to the common law system. The Indian government is supported by three pillars: the legislature, the executive branch, and the judiciary. The judicial system in India is independent.
The legislative, executive, and judicial branches of government make up the three pillars of the judicial system in India. A division of powers and a system of checks and balances are required by the Indian Constitution. The judiciary is essential in ensuring that the legislature and the executive stay within their constitutional bounds and refrain from using their authority arbitrarily. The Indian Constitution guarantees that the judiciary is free from the influence of the legislative and executive branches.
Additionally, the judiciary's independence does not imply that it operates capriciously or without any oversight. It is accountable to the Constitution of the country.
In ancient India, the king served as the chief judge, and the family court was the lowest court, starting with the family arbitrator. The administration of justice was one of the sovereign's main responsibilities, and the King's ministers and counselors assisted him in this endeavor. As civilization developed, the responsibilities of the king were transferred to the judges, who were versed in the Vedas. Dharma, a system of laws outlining the obligations each person has in life, served as the foundation on which justice was administered. The law was derived from customs. This system continued until the Mughal period.
The office of the Qazi oversaw justice administration during the Mughal era. There was a Qazi in each provincial capital and large town. The parties were present during the trial, and the Qazis were under strict instructions to prepare their legal paperwork meticulously. The King served as the final court of appeals. This system of justice was replaced by the British.
The Sadar Diwani Adalat and the common law system were both introduced by the British to India. High courts were later established in their wake. In 1862, Calcutta became the location of the first high court. The high courts were also established in Madras and Bombay. The Government of India Act, 1935, then established the federal court, which had a wider scope of authority than the high courts. As a result, the common law system forms the foundation of much of the current judicial system in India.
To decentralize and address issues at the local level, the judicial system in India is divided into several levels. The basic structure is as follows:
Established on January 28, 1950, it is the highest court in the nation. Since it is the highest court of appeal, both initial lawsuits and appeals against High Court rulings are permitted. The Supreme Court is comprised of the Chief Justice of India and 25 other judges. The Supreme Court's powers are outlined in Articles 124 through 147 of the Indian Constitution.
The Supreme Court of Judicature was established in Calcutta by the Regulating Act of 1773. Madras and Bombay both established comparable courts in 1800 and 1823, respectively.
The 1935 Government of India Act, which established the Federal Court of India, served as the foundation for the Supreme Court of India. The Supreme Court of India is the highest court of appeal, and no appeal can be made against its decision before any other court. This makes it different from the Federal Court in that appeals from the Federal Court can be made to the Privy Council.
The process for appointing Supreme Court justices is outlined in Article 124(2) of the Constitution. In consultation with the Chief Justice of India, the President of India appoints the Supreme Court's judges. The Supreme Court and high court judges are available for consultation by the President as needed. When it comes to selecting judges for the Supreme Court, the Law Minister also counsels the President.
The Supreme Court has jurisdiction over initial cases, appeals, and advisory matters.
State-level High Courts are the highest judicial body. The authority of high courts is outlined in Article 214. In India, there are 25 high courts. High courts only have civil or criminal jurisdiction if the state's lower courts are unable to handle the case. High courts may even take appeals from lower courts. High Court judges are appointed by the President of India upon consultation with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State.
The President appoints the High Court judges. The President appoints the Chief Justice of the High Court after consulting with the Chief Justice of India and the Governor of the relevant state. The Chief Justice of the relevant high court must be consulted by the President with regard to other high court judges.
The high court exercises jurisdiction over the territorial limits of the concerned state.
Based on the volume of cases and population density, district courts are established by the state governments of India for each district or group of districts. District Court decisions are enforceable because they are directly supervised by High Courts. Each district typically has two different types of courts-
Civil courts offer redress for civil wrongs that individuals have committed against other people and entities. Contract infringements, property disputes, and divorce cases are all examples of civil matters. The ubi jus ibi remedium (for every wrong, the law provides remedy) principle is followed by civil courts. Civil courts have the authority to hear all cases of a civil nature, unless expressly or implicationally prohibited by any other law currently in force.
The procedures that civil courts in India must adhere to when handling civil cases are governed by the Code of Civil Procedure (CPC) of 1908.
Every lawsuit must be filed with the Munsif court because it has the lowest jurisdictional standards. Upon institution, it is determined if the relevant court has the authority to hear the case.
The district-level civil court hierarchy is as follows:
The Code of Criminal Procedure (CrPC) mentions the authority of the various criminal courts.
Any offense listed in the Indian Penal Code may be tried in accordance with Section 26 of the CrPC by:
District judges are in charge of district courts. Depending on the volume of cases, additional district judges and assistant district judges may be appointed. The High Court hears appeals against District Court rulings.
A district judge who is chosen by the state's governor presides over the district courts. The governor consults with the relevant high court before appointing the district judge. The workload will determine whether an additional district judge is appointed. The State Public Service Commission appoints additional judges.
The Nyay Panchayats were created at the village level with the intention of offering quick and affordable justice. They are founded on the guidance given by Article 40, which mandates that the state take action to give the panchayats more power. The panchayats were given constitutional status by the 73rd Constitutional Amendment.
In contrast to the Nyay Panchayat, the Lok Adalats seek to settle disputes through mediation and arbitration rather than through adjudication. The "People's Court" is another name for the Lok Adalats. The Lok Adalats are made up of active and retired judges as well as other individuals that the Central Government specifies.
The Legal Services Authorities Act, 1987, granted the Lok Adalats statutory status. The organization of Lok Adalats is specifically covered in Chapter VI of the Act. According to Section 21 of the Act, a Lok Adalat's decision is regarded as a civil court's judgment. Furthermore, the parties to the dispute must abide by the terms of the award.
The Constitution gives the government the authority to create special tribunals to handle particular cases, such as tax disputes, real estate disputes, consumer disputes, etc.
Appellate jurisdiction refers to a court's ability to rehear or reconsider a case that was previously decided by a lower court. The Supreme Court and High Courts in India both have appellate jurisdiction. They may either overrule or uphold the judgments of lower courts.
India's judicial system is currently dealing with a number of challenges. Some of them are:
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Any democracy must have a strong, independent judiciary to succeed. The Indian judicial system makes sure that the rule of law is upheld and that citizens' rights are not infringed upon. It also maintains control over the legislature and the executive, the other two branches of government.
However, there are a number of issues with the Indian judicial system that must be resolved as soon as possible. The lack of judges must be urgently addressed, and it must be made sure that cases are resolved quickly. In order to attract talent to the judicial profession, it is also necessary to improve the trial court's working environment and judicial infrastructure.
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By - Nikita Parmar 2024-09-06 10:59:22 , 6 min readAns. The Supreme Court sits at the top of India’s judiciary’s pyramidal structure.
Ans. An obiter dictum is an opinion or remark made by a judge but not a necessary component of the court’s decision, to answer your question.
Ans. The judiciary’s primary duty is to interpret and apply the law to cases.
Ans. The Supreme Court was founded on January 28, 1950.
Ans. District courts, which are the trial court, circuit courts, which are the first level of appeal, and the Supreme Court of the United States, which is the ultimate level of appeal in the federal system, are the three main levels of the federal court system.
Warren Hastings is known to be the father of judicial reforms in India. For the first time he came up with his first legal reformation plan, known as the judicial plan of 1772.
Fathima Beevi was the first female justice in the court was appointed on 6 October 1989. Since then, there have been 11 female justices in the court in India. Today, there are 3 sitting female judges out of the total 34 judges (including Chief Justice of India) in the court.
The youngest judge in the country is Mayank Pratap Singh from Jaipur who has made history by cracking the Rajasthan judicial services 2018 exam at just 21 years of age,
Harilal Jekisundas Kania is the first chief justice, who was the uncle of Madhukar Hiralal Kania, the 23rd chief justice. Ranganath Misra, the 21st chief justice, was the uncle of Dipak Misra, the 45th chief justice.