The (current) Judiciary in India is an extension of the British Legal System. The Judiciary is a distinct and independent arm of Government entrusted with judicial authority, and mandated to administer and dispense justice to the people of India. It plays a fundamental role in the promotion of law and order, human rights, social justice, morality and good governance. It has evolved over the centuries, along with the people for whom the system came into place in the first place. Changing needs and situations have influenced the judicial system of India. However, it retains its basic structure and foundation.
The fountainhead of law in India is its Constitution. India being a Sovereign Democratic Republic, it is run by statutes and laws that are drafted under a single integrated system. It has a federal system of governance, and Central and State Acts in their respective geographic circles.
A chart of hierarchical structure of courts in India is given below.
 |
Supreme Court
The Supreme Court is the apex body, followed by 21 High Courts, which in turn precede numerous District courts. The Supreme Court came into being on 28th January, 1950, two days after the Constitution of India was tabled. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. The first Supreme Court was chaired by a Chief Judge and seven Judges, to adjudicate legal issues.
The Supreme Court of India is the highest court of appeal. It hears appeals from the High Courts and takes on the role of a court of review over subordinate tribunals. The President, the legislative assembly and all lower Courts seek guidance and its intervention in the event of most sensitive and significant disputes. The verdict of the Supreme Court is binding on all the states within the Union Territory of India.
High Courts
The 21 High Courts act as the principal civil courts for each state. Such courts offer jurisdiction based on common and binding Central Acts and individual State Acts. Each state is guided by a set of regulations, proceedings and statutes as defined under its jurisdiction. Each High Court of India is headed by a Chief Justice and other junior Judges as appointed by the President of India. The number of Judges differ from state to state. A High Court under its jurisdiction can adjudge and issue orders, writs and decrees in any legal tangle.
The High Court hears appeals from the subordinate courts and tribunals. It issues writs of habeas corpus, certiorari and others. It can also repeal decrees of lower Courts if it is not convinced that justice has been meted out in particular cases. The plaintiffs or defendants can appeal against the decree provided in lower courts in front of the High Courts. Among the 21 High Courts, some act as the head of judicial administration of more than one State. The oldest among all the High Courts in the country is the Calcutta High Court.
District Courts
The High Courts are followed by the District Courts. As the name suggests, they adjudge the district level disputes. These are present at each of the state districts that come under the jurisdiction of High Courts. The Chief Judicial Magistrate, in criminal matters, and Senior Sub-Judge, in civil matters, alongwith magistrates and sub-judges of lower ranks, constitute the district level judiciary under the superintendence of the District Court. Civil cases are heard at the District Courts which are chaired by a District or Sessions judge. Ranging from small pecuniary cases to heinous crimes liable to capital punishment can be heard at District Courts. When adjudging civil cases, the judge is called a District Judge and when he tries criminal cases, he is designated as Sessions Judge. Many additional District Courts are also appointed apart from the existing District Courts, with the same powers. Such courts are chaired by Additional District and Sessions Judges.
Legal disputes pertaining to property are also heard at District Courts. If one is not satisfied with the decree, he can appeal to Courts higher up the hierarchy.
Lok Adalat
Lok Adalats came into existence as an ancillary of District Courts, to lessen the burden on the latter. The need for a Court along the lines of Lok Adalats was felt as there was a huge backlog of cases in lower Courts, delaying speedy disposition of decrees. These hear civil cases involving consumer rights, fraud and crimes that can be sorted out with a settlement. These courts foster a legal settlement between the disputing parties, without the need of any legal action by either party. This is called Alternative Dispute Resolution (ADR) measure.
Lok Adalats are accessible to local people and do not charge any legal fees. Moreover, awards of the Lok Adalat shall be deemed to be as legal and binding as a Civil Court decree.
Subordinate courts are divided into criminal and civil courts.. Appeals are escalated from these courts to the District Court and then to the High Court.
Other quasi-judicial tribunals have also been set up (e.g., labor tribunal, administrative tribunal to grant relief in labor disputes or to decide grievances of civil servants.
Facts Log
- Supreme Court of India and the USA are based on the same motto, to ‘safeguard people's interests over the states'.
- Panchayati Raj is a judicial system prevalent in Indian villages since medieval times.
Submit your legal issue and an attorney will contact you.
|
|
Submit your legal service, which you want to outsource.
Step 2: Tell us about your requirements.
Step 3: The Legal Service Company will contact you.
|
|
| |