What Judiciary in India?
The judiciary in India is a branch of the Indian administrative system that works to interpret the laws, provide justice, and settle disputes between citizens, states, and government. For democracy to be alive, having a well functioning, impartial and independent judiciary is a prerequisite. It is the constitution of India that provides several provisions to ensure the independence of the judiciary.
What is the Judiciary System in India?
The judiciary of India is a single integrated judicial system with the Supreme Court (SC) at the apex. Right below are the High Courts, followed by the District or Subordinate courts. The other types of lower courts function under the high courts. This enables the judiciary to work in a decentralised manner and address grassroot level issues. The powers of appellate jurisdiction is given to both High Courts and the Supreme Court where both uphold or overturn decisions of lower courts.
The Structure of Courts in India
The structure of the judiciary in India includes courts placed in the hierarchical order of supremacy. The hierarchy of powers of the courts that also help to establish the structure of the courts in India are as follows:
Supreme Court: The name of the highest judicial body in India is the Supreme Court (SC). It is the apex court of the country and the highest court of appeal. It gets both original suits and appeals against the judgement of High Courts. The Chief Justice of India along with 25 other judges make up the body for the Supreme Court.
High Courts: The Highest Judicial Body in the State are the High Courts. There are 25 High Courts in India. High courts provide criminal and civil jurisdiction when subordinate courts have failed to do so. They even get appeals from lower courts. The judges of High Courts are appointed by the President of India on the recommendation of the Chief Justice of India, the Chief Justice of the High Court and Governor of that State.
District Courts: The State Governments establish District Courts for all districts depending upon the population size and caseloads. These are under direct administration and judgements of the High Court. District courts are of two types - Civil Courts and Criminal Courts. Appeals from District Courts go to the High Court.
Lok Adalats: These are subordinate village courts that act as an alternative system to resolve disputes of the village.
Tribunals: Special Tribunals can be set up by the government for administration in matters of land, tax, consumer cases, etc.
Civil Courts
In the Indian justice system, the civil courts provide jurisdiction on all matters of civil wrongdoings by individuals like property disputes, divorce cases, contract breaches, etc. The Code of Civil Procedure (CPC) of 1908 administers the procedures that civil courts need to follow in India. Every suit must start at the lowest civil court or the Munsif court and then their competence over the case is decided. The Civil Court hierarchy is as follows:
District Court: The district court acts as the highest civil court in a district. It has both judicial and administrative functions.
Sub-judge Court: These courts try a suit if the value of the suit is worth more than One lakh.
Additional Sub-judge Court: this is an optional court created on the basis of case load.
Munsif Court: This court tries suits of value less than or upto one lakh.
Criminal Courts
In the Indian court system, the Code of Criminal Procedure (CrPC) mentions the different powers of the criminal courts. Section 26 of the CrPC talks about offences under IPC that can be tried by the High Courts, Session Courts, Schedule of the Code of Criminal Procedures.
Judicial Precedents and Binding Nature of Higher Court’s Decisions
Previous Judgements of High Courts and the Supreme Court's are binding upon all the lower courts. These act as Judicial Precedents for the entire judicial system of India and are given enough significance as a source of law in India.
The binding value of different courts in India are as follows:
The Supreme Court is not bound by the decisions of any other court or judicial authorities but their decision is binding upon all courts of the country as it is the highest judicial body in India.
The decisions of the High Court are binding upon all the lower courts in its jurisdiction. It has a persuasive effect on lower courts out of its jurisdiction. If the decision of a HC comes in conflict with the SC, then the decision of HC is overruled. If the dispute of decisions occurs between a similar bench, then the SC takes up the suit.
All decisions of the High Court of that State are binding upon the subordinate courts. The decisions of High Courts of other states only have persuasive effect.
Conclusion
The judiciary of India is a justice system with several divisions and subdivisions - all integrated together in a pyramidal structure to ensure that even the cases of the least importance are looked into by a court of the Indian Court System. It is the independent nature of the judiciary that separates itself from the influence of the executive and legislative board, making it an autonomous body.
FAQs on Indian Judiciary System
1. What is the Indian Judicial System?
The Indian Judicial System is the network of courts in India that interprets the law, settles legal disputes, and administers justice. It is an independent body that functions as the guardian of the Constitution and protects the Fundamental Rights of citizens, ensuring that the government and individuals act according to the law.
2. What is the basic structure of the courts in India?
India has a single, integrated judicial system with a three-tier structure. This hierarchy of courts includes:
- The Supreme Court: The highest court in the nation, whose decisions are final and binding on all other courts.
- High Courts: These operate at the state level, and they have jurisdiction over a state or a group of states and union territories.
- Subordinate Courts: These are the district courts and other lower courts that function under the direct supervision of the High Courts.
3. What are the main powers of the judiciary in India?
The judiciary holds significant powers to uphold the rule of law. Its primary functions include resolving disputes, protecting citizens' fundamental rights, and interpreting the Constitution. A key power is Judicial Review, which allows courts to examine the actions of the legislative and executive branches and declare them unconstitutional if they violate the law.
4. Why is an independent judiciary considered so important for a democracy like India?
An independent judiciary is vital because it ensures that judges can deliver justice without any pressure from the other branches of government (the legislature and the executive) or private interests. This independence allows the courts to protect the rights of citizens, settle disputes fairly, and ensure that even the government is held accountable to the law, which is a cornerstone of any democratic society.
5. What is the difference between judicial review and judicial activism?
Judicial Review is the power of a court to assess whether a law or government action complies with the Constitution. It is a foundational feature. Judicial Activism, on the other hand, refers to a more proactive role where the judiciary goes beyond its traditional role to promote social justice and protect rights, often by taking up public issues on its own.
6. How does a Public Interest Litigation (PIL) help an ordinary citizen?
A Public Interest Litigation (PIL) is a powerful tool that allows any citizen or organisation to file a case in court on behalf of those who are underprivileged or cannot approach the court themselves. It is used to address matters of public concern, such as environmental pollution, human rights violations, or corruption. This makes justice more accessible and allows ordinary people to seek legal remedies for widespread issues.
7. What does it mean when we say the Supreme Court is the 'guardian of the Constitution'?
This means the Supreme Court has the final authority to interpret the language and spirit of the Constitution. It ensures that all laws passed and actions taken by the government are consistent with constitutional principles. If there's a dispute over the meaning of any part of the Constitution, the Supreme Court's interpretation is considered the final word.
8. What is meant by an 'open trial' in the Indian judicial system?
An open trial means that court proceedings are conducted in public, and the accused person is given a full and fair opportunity to defend themselves. This feature ensures transparency and fairness in the justice delivery process. The accused is presumed innocent until proven guilty and has the right to be represented by a lawyer.
