judiciary system of india

4
Judiciary of India as of today is the continuation of the British Legal system established by the English in the mid-19th century. Before the arrival of the Europeans, India was governed by laws based on The Arthashastra , dating from the 400 BC, and the Manusmriti from 100 AD. This tradition in India continued beyond the Islamic conquest of India , and through to the Middle Ages. Islamic law "The Sharia " was applied only to the Muslims of the country. But this tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire . The history of Modern Judicial System in India starts from there. The laws and judicial system of British India were continued after independence with only slight modifications. The supreme court consists of a chief justice and up to 25 judges, appointed by the president, who hold office until age 65. The court's duties include interpreting the constitution, handling all disputes between the central government and a state or between states themselves, and judging appeals from lower courts. As of January 2003, there were 18 high courts, subordinate to but not under the control of the supreme court. Each state's judicial system is headed by a high court whose judges are appointed by the president and over whom state legislatures have no control. High court judges can serve up to the age of 62. Each state is divided into districts; within each district, a hierarchy

Upload: rajnish-kumar

Post on 22-Nov-2014

110 views

Category:

Documents


4 download

TRANSCRIPT

Page 1: Judiciary System of India

Judiciary of India as of today is the continuation of the British Legal system

established by the English in the mid-19th century. Before the arrival of the

Europeans, India was governed by laws based on The Arthashastra, dating from the

400 BC, and the Manusmriti from 100 AD. This tradition in India continued beyond

the Islamic conquest of India, and through to the Middle Ages. Islamic law "The

Sharia" was applied only to the Muslims of the country. But this tradition, along with

Islamic law, was supplanted by the common law when India became part of the

British Empire. The history of Modern Judicial System in India starts from there.

The laws and judicial system of British India were continued after independence with

only slight modifications. The supreme court consists of a chief justice and up to 25

judges, appointed by the president, who hold office until age 65. The court's duties

include interpreting the constitution, handling all disputes between the central

government and a state or between states themselves, and judging appeals from lower

courts.

As of January 2003, there were 18 high courts, subordinate to but not under the

control of the supreme court. Each state's judicial system is headed by a high court

whose judges are appointed by the president and over whom state legislatures have no

control. High court judges can serve up to the age of 62. Each state is divided into

districts; within each district, a hierarchy of civil courts is responsible to the principal

civil courts, presided over by a district judge.

Different personal laws are administered through the single civil court system. Islamic

law ( Shari'ah ) governs many noncriminal matters involving Muslims, including

family law, inheritance and divorce. There are strong constitutional safeguards

assuring the independence of the judiciary. In Kashmir the judicial system barely

functions due to threats by militants against judges and witnesses.

India accepts the compulsory jurisdiction of the International Court of Justice with

reservations.

Lok Adalats are voluntary agencies for resolution of disputes through conciliatory

method

Page 2: Judiciary System of India

Before the arrival of the Europeans, India was governed by laws based on The

Arthashastra, dating from the 400 BC, and the Manusmriti from 100 AD. This

tradition in India continued beyond the Islamic conquest of India, and through to the

Middle Ages. Islamic law "The Sharia" was applied only to the Muslims of the

country.

The laws and judicial system of British India were continued after independence with

only slight modifications. The supreme court consists of a chief justice and up to 25

judges, appointed by the president, who hold office until age 65.

Each state's judicial system is headed by a high court whose judges are appointed by

the president

High court judges can serve up to the age of 62. Each state is divided into districts;

within each district, a hierarchy of civil courts is responsible to the principal civil

courts, presided over by a district judge.

Different personal laws are administered through the single civil court system. Islamic

law ( Shari'ah ) governs many noncriminal matters involving Muslims, including

family law, inheritance and divorce.

In Kashmir the judicial system barely functions due to threats by militants against

judges and witnesses.

Lok Adalats are voluntary agencies for resolution of disputes through conciliatory

method