Indian Judicial System

December 15, 2017 0 Comment

Judicial system is that integral part of a democratic country which is responsible for safeguarding the fundamental rights of citizens.

This judicial system neither crates law nor it enforces it but it implements the laws keeping in mind the public issues and during these procedures the new implementations are developed with the advancements of time.

The constitution of India not only provides justice to all but secure liberty, equality and promoting fraternity to all also. The Indian Judicial system which comprises a hierarchy of judicial courts is responsible for implementing the laws, rules and rights written in our constitution.

To regulate a proper democracy the Indian Judicial set up works on the principal of impartiality, intelligence and integrity. It provides Justice to all without any fear or favors which is very necessary in a democratic country to promote federalism.

The Supreme Court

The Supreme Court is the apex court in the country. It is in the capital state Delhi. The entire judicial system of the country is regulated by it. The three kinds of jurisdiction that comes under Supreme Court are

  1. Original jurisdiction

Under article 131 of the constitution, it settles disputes between the central government and one or more states and among two or more states also.

  1. Appellate jurisdiction

Under article 133 and 134, after civil or criminal proceedings in a High Court, a further appeal can be laid in the Supreme Court for further proceedings.

  1. Advisory jurisdiction

If the appeal is related to the point of law subject to the constitution of the nation then with the permission of high court the plea can be forwarded to Supreme Court.

Constitution of Supreme Court

The Indian Supreme Court judiciary is a bench of 25 judges along with chief justice of India. All the judges are appointed by the President of India with an advice of the Prime minister. The appointment procedure is also having a directory of guidelines followed by the President of India.

Supreme Court can penalize anybody for its own contempt. No appeal can be forwarded directly to Supreme Court without taking permission of High court means the plea has to be laid down first in the high court and if the high court feels that this matter comes under Supreme Court’s jurisdiction or needs further proceedings then only the plea can be filed in Supreme Court.

The high court

The high court is the head of the state’s judicial administration. There are 28 high courts in the country. Some of the states share the high court also. Delhi is the only union territory which has its own high court.

The chief judge and other judges too are also appointed by the president of India after consultation with the senior judges of Supreme Court and high court and the Governor of that state.

The tenure of a judge cannot be terminated unless a veto power is issued against him by the both houses. When that report is signed by the President, only then the judge is removed. Law holds that the high court judges retire at the age of 62.

High court is also known as the court of recorded. This is because it’s proceedings are recorded and followed very closely for references in the future. High courts are subordinate to the Supreme Court and almost all matters first pass through high courts before hearing in the rooms of Supreme Court.

The Supreme Court guides and supervises the functioning of High court. High court is also the last court of regular appeals because regular appeals does not find their ways to Supreme Court since the decision of High court is considered as final in those cases.

The high courts can be approached immediately on matters of violation of fundamental rights. This is entailed in the article 32 of Indian constitution which gives the High court’s direct and original jurisdiction of the fundamental rights of an individual or an organization.

High courts are the supervisors of the subordinate courts like consumer court, district court etc. which come under its area of jurisdiction. It directly influences their working and day to day operations. It’s power on subordinate courts is established in the article 227 of our constitution.

High courts have the power to frame their own rules and they also arrange its effective implementations so that the laws can be effectively followed up after framing. They also work together with subordinate courts at time so that remedial treatment can be dispatched immediately, without any delay.

Also, the high court is segregated into different departments on the nature of the problem at hand. This is done to make justice delivery, speeding’s, just and cost effective. In these courts; just so that justice is effectively delivered to every individual and organization, judges sit individually or in a bench of two or more when the matter at hand is delicate and complete so that multiple cases are being handled at a point of time.

Subordinate courts

Under high courts, there are many courts that function to ensure an efficient running of the country. While the high courts did with only the most important matters, the subordinate courts did with petty but important issues. There are many subordinate courts which are divided by their work and level.

The highest subordinate courts are the District courts or the subordinate judge’s court which deal with the important matters. While the lower courts like the Nayaya Panchayat, Gram Panchayat or the  court take decisions on small issues at the root level. Appeals always travel from subordinate to higher authorities.

The judges of the subordinate courts are appointed by the judges of high court in the concerned state along with the governor. Their reach is visible and they are not entitled to undertake major decisions.

So from the synopsis I have given, my readers would have become clear about the Indian judiciary. Some of the drawbacks of this system are that not every person is accessible to this system for further justice and not every person is equipped with technical knowledge as to how to take benefits from the judicial system.

Also sometimes it becomes a costly and a lengthy process. So people at times refrain from indulging in matters of law. But all the citizens of India should know that they are important for India and that the law will never disappoint them.

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