judiciary system of india
TRANSCRIPT
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
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