History of Indian Judicial SystemLegal Environment of Business

Prepared By

Manu Melwin Joy

Assistant ProfessorIlahia School of Management Studies

Kerala, India.

Phone – 9744551114Mail – manu_melwinjoy@yahoo.com

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History

Maharajas - Hindu Laws

Mughal Emperors - Islam Laws + HL

British Empire – English Common Law + HL + IL

Present - Constitution

Indian Judicial System

• Supreme Courts

• High Courts

• Subordinate courts

Supreme Courts

• Supreme court of Indiastands at the apex of theentire judicial system. Itconsists of a Chief Justiceand not more thantwenty five judges. Everyjudge of supreme courtshall be appointed by thepresident.

Supreme Courts

Supreme court has four

kinds of jurisdiction.

– Original.

– Appellate.

– Advisory.

– Special.

High Courts

• High court is the head of

the judicial administration

of the state. Each high

court consist of a chief

justice, appointed by the

president.

High Courts

• Jurisdiction of High Court

– Court of record.

– Power of issue writs.

– Power of superintendence.

Subordinate Courts

• The power and functions of

these courts have been

principally derived from the

two important codes.

– Code of Civil Procedure.

– Code of Criminal Procedure.

Subordinate Courts

• Each state is divided into

Judicial districts presided

over the District and

sessions judge. He is the

highest judicial authority

in a district.

Fundamental Rights and Duties

Fundamental Rights

• Rights are claims that areessential for the existenceand development ofindividuals. In that sensethere will a long list of rights.Whereas all these arerecognized by the society,some of the most importantrights are recognized by theState and enshrined in theconstitution. Such rights arecalled fundamental rights.

Fundamental Rights

• The Constitution guarantees six fundamental rights to Indian citizens as follows: – right to equality – right to freedom– right against exploitation– right to freedom of religion– Right to cultural and

educational rights and – right to constitutional

remedies.

Fundamental Duties

• History of Indian Judicial System.