Judicial System in India and its Hierarchy
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India, one of the largest and most populous countries in the world, has a very strong judicial system
The system provides a livelihood for many professionals associated with the judiciary in various forms so that they serve the country through legal services.
Courts and the Judicial System in India Divide the courts into three categories: Supreme Court, Central Court and Lower Court. The highest court is called the Supreme Court, the Central Court the High Court and the lower court the District Court.
This article will give you a brief overview on the hierarchical structure of these courts and their scope of work. The judiciary will present different aspects of the judicial system along with the time taken to resolve disputes using the existing infrastructure of the Indian judiciary.
In this chapter, the structural pattern of the judiciary, the hierarchy of courts that effectively participate in the judiciary and the different personalities involved in this profession will be described using the different roles assigned to them.
Due to the size of the country, the judiciary is designed according to the needs of the Indian citizen and the position of the courts according to their status to serve the Indian community effectively. India has a rich tradition of providing justice to the needy. There are courts at various levels to extend the highest level of efficient justice system across the country.
In accordance with the existing judicial system in India, the court structure is set with variations in application depending on the merits of the case. The general tendency of the judicial system is that any public dispute arises in the lower court to the satisfaction of the parties in the higher courts.
Judgments can be challenged in higher courts if the parties to the case are not satisfied. Therefore, the system of giving maximum satisfaction to the parties is sincerely tested by the judicial system.
In this chapter, we will highlight two aspects of the justice system in India -
1. Hierarchy of Courts in India
2. The Judicial System of India
Hierarchy of Indian Courts
A feature of the Indian judicial system is the structure of the courts in its hierarchy. India has different levels of judiciary empowered by different types of courts. They have a very strong judiciary and hierarchical system in line with the powers given to them by the courts. This system is powerful enough to limit the court in its jurisdiction and exercise of power.
The Supreme Court of India is placed at the top of the hierarchy so that the High Courts at the local level and the lower courts at the micro level can delegate power to the people of India.
Supreme Court of India
The Supreme Court of India is the highest court of the Indian judiciary, established by Chapter IV of the Constitution of India. The Constitution of India has the status of a High Court in the status of appeal cases.
Constitutional control
The jurisdiction and structure of the Supreme Court are determined by Articles 124 to 147 of the Constitution of India.
This court is primarily an appellate court.
This Court accepts appeals pending in the High Courts located in various States and Union Territories to the displeasure of the parties concerned.
The Court also accepts writ petitions alleging suspected acts of human rights violations and subsequent petitions for hearing and adjudication of the consequences of such incidents.
Such petitions are admissible under Article 32 of the Constitution of India. This Article gives the right to ensure solutions through the Constitution.
This Court also hears such serious matters as these which require urgent attention
This Court commenced with its inaugural sitting on 28 January 1950, the day the Constitution of Independent India came into force. According to the Supreme Court report, the court has already considered more than 24,000 judgments.
Structure and application
The Court consists of the Chief Justice and 30 other judges.
The proceedings of the Supreme Court will be heard in English only. The Supreme Court is governed by the Supreme Court Rules, 1966.
Article 145 of the Constitution of India provides for the control of the procedures and procedures of the Supreme Court.
High Courts
The High Courts are the second most important court in Indian democracy. They operate under Article 141 of the Constitution of India. They are governed by the bindings issued by the Supreme Court of India on judgments and orders so far. The Supreme Court of India, the Supreme Court is the highest body of all the courts and they are responsible for setting the direction of the High Courts in terms of priority.
The High Courts are the types of courts which are constituted by the Constitution with effect from Article 214 Part IV Chapter V of the Constitution of India.
There are 24 High Courts in India overseeing the local / state judicial system in India, of which the Kolkata High Court is the oldest.
Jurisdiction of the High Courts
These courts are primarily within the jurisdiction of the State, the Local Government or the Union Territory. They are empowered to administer the judgments of the lower courts, such as the family, civil, and criminal courts, as well as various other courts in the district. The lower courts are considered under the High Courts by rank.
However, if it is proved that the lower courts are incapable of exercising the powers vested in them by law, then the High Courts exercise their jurisdiction primarily in relation to the civil or criminal domain.
These circumstances may create the impotence of economic or local political authority.
Only the High Courts can exercise the right to hear arguments, such as cases relating to company law, as they are specifically designated by a state or federal law.
But in general, the High Courts accept appeals in lower court cases along with writ petitions as provided in Article 226 of the Constitution of India.
The jurisdiction of local writ petitions is limited to the High Courts.
The jurisdiction of the High Court is territorial jurisdiction.
Official structure and application
Judges in the High Courts are appointed by the President of India in consultation with the Chief Justice of the Supreme Court, the Chief Justice of the High Court and the Governor of the State or Union Territories.
The decision of the judges of the High Court is mainly based on the average number of major cases in the past years as calculated by the national average or the average number of major cases settled by each judge each year. .
The High Courts, which deal with most cases in a particular area, have only permanent benches or branches. In order to serve the complainants in remote areas, circuit benches have also been set up to facilitate the service along with the operation schedule as per the visit of the judge.
Lower Courts of India
District Courts
The structure of the District Courts in India is largely dependent on the discretion of the State Governments or the Union Territories.
The base of district courts is mainly built on a number of factors such as number of cases, population ratio and proper distribution.
Depending on these factors, the State / Local Government may decide the number of District Courts to operate on a district basis or at adjacent locations. .
Usually such courts exercise the power of their legal services at the district level.
These courts have the administrative powers of the High Courts which come under the purview of the District Courts. Judgments of the District Courts can be appealed to the High Court of the respective State.
Structure and jurisdiction
District courts are primarily governed by district judges appointed by the state government. There are Additional District Judges and Assistant District Judges to share the additional burden of District Court proceedings.
These Additional District Judges have the same jurisdiction as the District Judges in the jurisdiction of any city granted metropolitan area status by the State Government. These district courts have additional jurisdiction to deal with appeals to lower courts in the same district, specifically in the domain of civil and criminal matters.
Subordinate courts dealing with civil cases are considered junior civil judge courts, principal junior and senior civil judge courts, and are also known as sub-courts and subordinate courts. . The Subordinate Courts, which cover criminal cases, are family courts established to deal only with matters relating to marriage, with the Second Class Judicial Magistrate Court, the First Class Judicial Magistrate Court and the Chief Judicial Magistrate Court. The position of the Principal Judge of the Family Court is the same as that of the District Judge.
There are a total of 351 District Courts in India. Of these, 342 belong to the States and 9 to the Union Territories.
Village Courts
Constitutional structures and features
Village Courts are also known as Lok Adalats or Judicial Panchayats, meaning the service of justice to the villagers of India here.
It is a mechanism for resolving micro-level disputes. The basis of these courts is established by the Madras Village Court Act, 1888. After 1935, the various provinces were renamed into different states after independence in 1947, following this law.
The case against this ideological model began in 1970 in the state of Gujarat, which had a judge and two evaluators. In 1984, the Law Commission had recommended the formation of fair panchayats in rural areas to include those with educational qualifications. The latest development was the launch of the Gram Court Act in 2008, which sponsored the idea of establishing 5,000 mobile courts across the country.
These courts are set up to hear petty cases related to civil and criminal offenses punishable by up to 2 years in prison.
According to the available statistics for 2012, the 151 village courts operating in this large country are well below the target of 5,000 mobile courts. Inquiries into the root causes of this failure revealed that it was financially stressful to implement and that lawyers, concerned government officials and the police were reluctant in the small court system !!!
Hierarchical structure of Indian courts
The present judicial system of India is enshrined in the Constitution of India. The judicial system in India consists of three main types of courts - the Supreme Court, the High Courts and the lower courts
.Effective laws and regulations, including the Constitution and other laws and regulations of the Legislature, are based primarily on British law. Not only this, they are also an updated version suitable for India.
Supreme Court - Its role in the judicial system
This Court has the status of the highest court under Chapter 4 of Chapter V of the Constitution of India. The court is located in New Delhi, the capital of India. The panel of judges consists of the Chief Justice and twenty other judges.
Appointment of Judges
Supreme Court judges are appointed by the President of India. The list of nominees by a panel of potential judges of the Chief Justice of the Supreme Court is sent to the President for nomination with the approval of the Central Government.
The appointment, duration of service, qualifications and conditions for the appointment of judges are as follows
He must be an Indian citizen.
He must have at least five years of experience as a High Court Judge. Or he must be an advocate of the High Court for at least ten years or the President shall regard him as a distinguished lawyer.
If he has not resigned or been disqualified on the basis of any misconduct or any act proving his inability to carry out his duties, the Supreme Court Judge shall be entitled to carry out his duties by holding office up to the age of sixty-five years.
Jurisdiction of the Supreme Court .
The jurisdiction of the Supreme Court is divided into several categories: Original jurisdiction: The Supreme Court exercises real jurisdiction only to hear disputes between the Central and State Governments or the interests of the States.
The Supreme Court has unlimited jurisdiction to exercise fundamental rights under the provisions of the Constitution of India through writ.
Jurisdiction of Appeal: The Supreme Court has jurisdiction to hear appeals against the judgments of all the High Courts of India.
If the respective High Court allows questions and interpretations regarding the interpretation of the Constitution of India. In the event of any civil dispute, the High Court presupposes that the Supreme Court should decide the specific question if it deems it necessary to intervene in resolving significant legal questions of public importance.
If there is any criminal dispute, the High Court thinks that it should be heard by the Supreme Court. The Supreme Court has the discretion to hear any criminal case without a High Court affidavit against the judgment of the High Court quashing the original judgment of the lower court.
The Supreme Court has the power to exercise ordinary jurisdiction to hear any appeal relating to any matter decided by any court or tribunal by the option of Special Leave Petition, except in the case of the Tribunal relating to the Armed FFRC.
The Supreme Court has the power to withdraw or transfer any case from any High Court.
The Supreme Court has the power to reconsider any judgment passed.
The orders of the Supreme Court are applicable to all courts across India.
The Supreme Court has the power to order any government to form a government with the approval of the President.
The Supreme Court is defined as the record court with the right to sentence for the purpose of the court.
Advisory Jurisdiction:
The Supreme Court has the option of reporting their views on any questions of public importance referred by the President.
High Courts - Its Role in the Judicial System
Chapter VI of Part VI provides for the provision of justice in the Constitution of India to the High Courts. Key features are discussed below:
The Constitution stipulates that there should be one High Court for each or more states.
There are Judicial Commissioner Courts in the Union Territories. The Constitution provides for the establishment of High Courts in the Union Territories as required.
Court of Record
All High Courts have the power to impose sentences for the purpose of the Court. They will therefore be treated as a Court of Record.
Appointment of Judges
The High Court Judges are appointed by the President of India in consultation with the Chief Justice of India, the Chief Justice of the respective High Courts and the Governor of the State.
The President of India has the power to determine the number of High Court Judges as required.
Qualification of Judges
A Judicial Officer anywhere in India for 10 years or an Indian citizen who has been a High Court Advocate for 10 years is eligible to be a High Court Judge.
Term of service
The maximum term of service of High Court Judges is up to 62 years.
If two-thirds of the members of both Houses of Parliament prove and support a misconduct or incompetence other than by vote, they cannot be removed from office until then.
Salary of a Judges
This is done in accordance with the specific declaration in the Second Schedule of the Constitution, which cannot be changed without any amendment to the Constitution.
The old system of revenue control from 1915 onwards is obsolete in the real jurisdiction of the Kolkata, Chennai and Mumbai High Courts.
Writ jurisdiction and superintendents
Except for the High Courts of Kolkata, Chennai and Mumbai, no one has the power to issue a Privileged Writ.
At present, Article 226 of the Constitution of India empowers the High Courts to issue various writs.
Article 227 of the Constitution of India empowers all the High Courts to have jurisdiction over all the tribunal courts which come into force under the local jurisdiction of the High Court.
District / Subordinate Courts of India
Chapter VI of the Constitution of India provides for lower courts relating to the judicial system. These courts are at the state level under the direct supervision of the High Court. The promotion and appointment of judges is done by the State Governor in consultation with the respective High Courts.
The eligibility criteria for a District Judge is to be a lawyer for at least seven years with the recommendation of the respective High Court. The respective High Court has the sole discretion in relation to administrative matters such as appointment, promotion or leave which may be granted through the terms of service as per the law applicable to the lower courts.
Panchayat Courts
In accordance with the provisions of Part IV of the Constitution, Article 40 of this section sets out the proposal of the Panchayats to adopt the concept of self-governance. There are panchayats in rural areas to resolve issues related to civil or criminal issues following the simple mechanism of informal application to increase the scope of compromise between the parties. Article 50 contains provisions that distinguish the judiciary from the administrative executive deployed in the public services of the state.
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