INDIAN JUDICIARY SYSTEM

INTRODUCTION The Indian Judiciary administers a common law system of

legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land.

The Judiciary interprets the Constitution as its final arbiter. It acts as its guardian by calling for scrutiny any act of the legislature or the executive.

There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Courts hear criminal and civil cases, including disputes between individuals and the government. The judiciary is independent of the executive and legislative branches of government according to the Constitution of India.

STRUCTURE OF INDIAN JUDICIARYSUPREME COURT: The apex

court in jurisdiction all over India

HIGH COURT: Hear cases that arise in states

DISTRICT COURT: Hear cases that arise in districts

SUB COURTS,MUNSIFF COURTS AND MAGISTRATE COURTS: Hear taluk level cases

SUPREME COURT

SUPREME COURT The Supreme Court of India is the highest judicial forum and

final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.

It comprises the Chief Justice of India and 30 other judges. It has original, appellate and advisory jurisdictions.

As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various States of the Union and other courts and tribunals.

The Supreme Court has extensive original jurisdiction for the protection of fundamental rights of citizens. It also acts as the court to settle disputes between various governments in the country.

The law declared by the Supreme Court becomes binding on all courts within India.

SUPREME COURTThe jurisdiction of the Supreme Court may be divided into 3

categories;

(1) Original: In its original jurisdiction the Supreme Court acts as the guardian and protector of the constitution

(2) Appellate:  Appellate jurisdiction of the Supreme Court extends to both civil and criminal cases. As the highest court of the country appeals in all such cases from the High Court lie with the Supreme Court. In a civil case if the High Court certifies that the case has constitutional significance or that the case is fit for appeal to the Supreme Court, the court hears appeal from the judgment of the High Court.

(3) Advisory: Finally, the Supreme Court has an Advisory jurisdiction. Artcile 143 empower the President to seek the Court’s advisory opinion on any question of law or fact. Such advice however is not binding on the President.

HIGH COURT

HIGH COURT There are 25 High Courts at the State level.  These courts have

jurisdiction over a state, a union territory or a group of states and union territories.

The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts.

Judges in a high court are appointed by the President after consultation with the Chief Justice of India, Chief Justice of High Court and the governor of the state.

The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862, whereas the Allahabad High Court is the largest, having a sanctioned strength of judges at 160.

High courts which handle a large number of cases of a particular region, have permanent benches (or a branch of the court) established there.

HIGH COURTJurisdiction of High Courts:• Gives verdicts on cases relating

to violation of fundamental rights.• Hears civil and criminal appeal

cases from lower courts.• Interprets laws passed by the

state legislature.

DISTRICT COURTS The District Courts of India are established by the State governments in

India for every district or for one or more districts together taking into account the number of cases, population distribution in the district.

They administer justice in India at a district level. These courts are under administrative control of the High Court of the state to which the district concerned belongs.

The decisions of District court are subject to the appellate jurisdiction of the concerned High court.

The district court is presided over by one District Judge appointed by the state Government.

The district judge is also called "Metropolitan session judge" when he is presiding over a district court in a city which is designated "Metropolitan area" by the state Government.

The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters.

 

SUBORDINATE COURTSSubordinate courts, on the civil side (in ascending

order) are: Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending

order) are: Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.

In addition 'Family Courts" are established to deal with matrimonial disputes alone. The Principal judge of family court is equivalent to District Judge.

 Chief Justice of India H L Dattu

Indian Lawyers

A court session in proceeding

REVIEW QUESTIONSWhich are the main organs of the

judiciary system?

Who appoints the Chief Justice of the Supreme Court?

Which is the highest court of a state?

Which is the apex court in India?