Court Officials

• Registrar – A senior administrative officer in courts, managing court records,

processes, and daily operations.
• Clerk of the Court – Responsible for maintaining court files and records, assisting the
judges, and managing administrative duties.
• Sheristadar – Chief ministerial officer of a court, in charge of supervising clerical
staff and ensuring smooth court administration.
• Tamili (Process Server): A Tamili is a court official responsible for serving legal
notices, summons, and warrants to the parties involved in a case. They ensure that court
directives are delivered effectively and on time.
• Bailiff – A court officer responsible for executing court orders, including carrying out
property seizures or arrests as instructed by the court.
• Judicial Magistrate – A judge in a lower court who oversees minor criminal and civil
cases.
• Munsif – A judicial officer in charge of smaller civil cases, typically in the lowest tier
of the judicial system.
• Stenographer / Typist: A stenographer, is responsible for transcribing court
proceedings verbatim. Their work ensures that an accurate record of the hearings is
maintained for future reference.
• Copyist: A copyist prepares certified copies of court documents, such as judgments,
orders, and other legal records. These copies are crucial for parties involved in
litigation or appeals.
• Court Commissioner – An officer appointed by the court to carry out certain tasks
such as property inspections or dispute resolution under the court's directions.
• Nazir: A Nazir is responsible for managing financial transactions within the court,
such as handling deposits, fines, and payment of court fees. They also oversee the
execution of court orders related to property and auctions.
• Reader Naazir – A combination role found in some courts where the individual
handles both reading duties in court and administrative responsibilities, like the Naazir.
• Court Manager – A relatively newer position responsible for improving court
management, efficiency, and judicial processes.
• Amin – A court official tasked with measuring and verifying land or property in cases
involving property disputes.
• Ahlmad (Legal Clerk): An Ahlmad is a clerk in the Indian judiciary responsible for
maintaining court records and files. They ensure that case files are accurately
documented and made available for hearings.
• Reader (Bench Clerk/Peshkar/Presenter): A Reader assists the judge by managing
court schedules, calling cases, and recording proceedings. They also coordinate with
lawyers and litigants to ensure the smooth functioning of the court.
• Criminal Court Clerk: A criminal court clerk manages the administrative tasks in a
criminal court, including maintaining case files, assisting with the preparation of charge
sheets, and coordinating hearings. They ensure all necessary documents are available
during criminal proceedings.
• Civil Court Clerk: A civil court clerk handles the administrative responsibilities in
civil cases, such as maintaining dockets, scheduling hearings, and filing legal
documents. They serve as a vital link between the judiciary, lawyers, and litigants.
 • Ijlas (Session): Ijlas refers to a formal court session where judicial proceedings are
conducted. It encompasses the activities of judges, lawyers, and court staff during
hearings.
• Sarishta: Sarishta refers to the administrative department of the court responsible for
record-keeping, file management, and general administration. It ensures the smooth
operation of court-related paperwork and archives.
• Supardnama (Surety Document): A Supardnama is a legal document in which a
person agrees to take responsibility for another, typically in matters of bail or custody.
It serves as a surety bond for compliance with court orders.
• Malkhana (Court Property Room): Malkhana is a secure room within the court
premises where case-related property and evidence are stored. It is managed by a
custodian who ensures proper cataloging and safekeeping of these items.
• Causelist: A causelist is a daily or weekly schedule published by the court that lists the
cases to be heard on specific dates. It provides details such as case numbers, names of
parties, and the bench hearing the case.
• System Officer: A System Officer is an IT professional in the judiciary who manages
technical infrastructure, including case management systems and digital record
maintenance. They support e-governance initiatives and ensure seamless technology
integration in court operations.
•

1. Naazir (Nazir/ Nazeer)

• Role: The Naazir is primarily responsible for handling non-judicial tasks in the court,
including managing court records, accounts, and the safekeeping of properties involved
in cases. The Naazir often deals with court fees, fines, and payments made as part of
judicial orders.
• Duties:
o Maintaining custody of money, documents, and property involved in litigation.
o Handling court fees, fines, and any other payments.
o Managing logistics for court assets and documents.
o In some courts, the Naazir also assists with the execution of court orders.

2. Registrar

• Role: A senior administrative officer who oversees the court's overall management and
administrative functions. The Registrar serves as a link between the judiciary and the
administrative staff.
• Duties:
o Supervising clerks, record-keeping, and managing court schedules.
o Handling the registration of legal documents, petitions, and appeals.
o Managing the allocation of cases to judges.
o Coordinating with advocates, litigants, and other court officials.
o Managing court’s budget and financial operations.

3. Sheristadar (Head Clerk/ Chief Ministerial Officer)

• Role: The Sheristadar is the chief ministerial officer of the court and supervises the
clerical and ministerial staff.
• Duties:
 o Managing court records and ensuring timely processing of court orders.
o Supervising the preparation of summons, warrants, and other legal documents.
o Coordinating with other court staff to ensure the smooth functioning of court
operations.

4. Reader

• Role: A court assistant who helps the judge during hearings by reading out documents
and orders, calling out cases, and recording the progress of cases.
• Duties:
o Reading out orders, affidavits, and evidence during court proceedings.
o Assisting the judge by organizing case files.
o Calling cases in order as per the day’s schedule.
o Recording and maintaining the minute sheet of court proceedings.

5. Process Server

• Role: Responsible for serving court documents like summons, notices, and other legal
documents to parties involved in litigation.
• Duties:
o Personally delivering summons, warrants, and notices to the concerned parties.
o Reporting back to the court on the status of served documents.
o Assisting in the execution of court orders related to the presence of parties in
court.

6. Bailiff

• Role: An officer appointed by the court to execute court orders, such as evictions,
property seizures, or arrest warrants.
• Duties:
o Carrying out orders of attachment or seizure of property as directed by the court.
o Assisting in enforcing judgments, including eviction or repossession of
property.
o Ensuring that court orders are executed correctly and in compliance with the
law.

7. Judicial Magistrate

• Role: A judicial officer who presides over cases in the lower courts, handling minor
civil and criminal cases. Judicial magistrates are the first point of contact for many types
of cases.
• Duties:
o Hearing cases related to petty offenses, minor civil disputes, and other lower
jurisdiction matters.
o Passing judgments, imposing fines, and issuing sentences.
o Overseeing the conduct of trials and managing case hearings.

8. Bench Clerk
 • Role: A clerk who assists the judge in the courtroom by maintaining records of
proceedings and organizing court documents.
• Duties:
o Recording the judge's orders and rulings.
o Keeping case files up to date.
o Assisting in the smooth operation of court sessions by managing case schedules.
o Preparing the cause list (schedule of cases to be heard in a day).

9. Munsif (Subordinate Judge)

• Role: A judicial officer with jurisdiction over small civil disputes, often seen in lower
courts. The Munsif deals with cases involving smaller financial claims.
• Duties:
o Hearing civil cases related to land disputes, contracts, or property claims.
o Issuing judgments and orders for civil matters within limited financial
thresholds.
o Acting as the first point of contact for many civil litigations.

10. Typist/ Stenographer

• Role: Responsible for creating a record of court proceedings by typing or using

shorthand to transcribe spoken words. Stenographers are vital in maintaining accurate
documentation of court trials and hearings.
• Duties:
o Taking dictation from the judge or lawyers during hearings.
o Preparing legal documents like orders, affidavits, and judgments.
o Maintaining a verbatim record of what transpires during court proceedings.

11. Court Commissioner

• Role: A person appointed by the court to perform specific functions, such as inspecting
property, conducting inquiries, or resolving disputes outside the court premises.
• Duties:
o Conducting site visits and inspections as required by court orders.
o Reporting back to the court with findings from inquiries or inspections.
o Facilitating mediation between disputing parties, as directed by the court.

12. Reader Naazir

• Role: A combined role where the individual performs the duties of both the Reader and
Naazir, handling administrative and courtroom support tasks.
• Duties:
o Reading out orders and case summaries in court.
o Managing the safekeeping of documents and properties associated with cases.
o Assisting in maintaining court records and administrative functions.

13. Court Manager

 • Role: A position created to improve the efficiency and management of courts by
overseeing administrative tasks, improving court processes, and ensuring proper use of
resources.
• Duties:
o Streamlining court processes to improve efficiency.
o Managing human resources, finances, and infrastructure within the court.
o Implementing technology solutions to enhance court operations.

14. Amin

• Role: A court official who assists in property-related matters by measuring land and
inspecting disputed properties. Often involved in execution cases where property
boundaries are contested.
• Duties:
o Measuring land and verifying boundaries in property disputes.
o Assisting in the execution of court decrees related to property division.
o Preparing reports based on inspections and measurements to assist in court
decisions.

15. Superintendent

• Role: A senior administrative officer in courts, usually in charge of supervising the

office staff and ensuring the proper functioning of the court’s administrative wing.
• Duties:
o Managing office staff, including clerks, typists, and other support staff.
o Ensuring smooth handling of case files, court records, and legal documents.
o Overseeing the day-to-day administrative operations of the court.

16. Head Assistant

• Role: A senior assistant responsible for managing the workflow within the court office.
They often report directly to the Registrar or Sheristadar.
• Duties:
o Supervising junior clerks and administrative staff.
o Managing and maintaining legal documents and case records.
o Assisting in preparing case schedules and cause lists.
 Court Related Terms

1. Wakalatnama: A legal document through which a client authorizes an advocate to

represent them in court. Filed by an advocate when they are appointed to appear on behalf of
a litigant in a case.

2. Plaint: A written statement or document filed by the plaintiff to initiate a civil lawsuit.
The plaint outlines the facts of the case, legal grounds, and the relief sought by the plaintiff.

3. Written Statement: A formal response filed by the defendant in answer to the plaint. It
contains the defendant's version of the facts, defenses, and objections to the claims made by
the plaintiff.

4. Affidavit: A written statement of facts sworn by the declarant under oath, usually before
a notary public or magistrate. Used as evidence in court proceedings, especially for verifying
facts.

5. Bail: The temporary release of an accused person awaiting trial, usually secured by a
monetary deposit or bond. Granted by a judge to ensure that the accused appears in court on
scheduled dates.

6. Charge Sheet: A formal document prepared by the police detailing the charges against
an accused after the completion of an investigation. Filed in criminal courts to initiate the trial
process.

7. FIR (First Information Report): A written document prepared by the police when
they receive information about the commission of a cognizable offense. It is the first step in a
criminal investigation.

8. Summons:A legal notice issued by the court to a party, witness, or accused, requiring
their presence in court on a specified date. Used in civil and criminal cases to inform
individuals of their requirement to appear in court.

9. Warrant: A legal document issued by a court authorizing the police to perform certain
actions, such as an arrest, search, or seizure.

• Types:
o Arrest Warrant: For apprehending an individual.
o Search Warrant: For searching premises.

10. Order: A direction given by the court during the course of a proceeding. It is a decision
on a particular point of law or fact. Can be interim (temporary) or final.

11. Judgment: The final decision of a court resolving the disputes between the parties
involved in a lawsuit. Contains reasons for the decision, findings on the issues, and the relief
granted.
12. Decree: The formal expression of a court's adjudication in a civil case. It declares the
rights of the parties involved.

• Types:
o Preliminary Decree: Declares rights but does not dispose of the case entirely.
o Final Decree: Concludes the case.

13. Interlocutory Application (IA): An application filed during the pendency of a case,
seeking interim relief or a temporary order. Commonly filed for urgent matters like
injunctions, stay orders, or bail.

14. Injunction: A court order directing a party to do or refrain from doing a specific act.

• Types:
o Temporary Injunction: Issued during the pendency of a case.
o Permanent Injunction: Granted after the final judgment.

15. Stay Order: A temporary suspension of a court proceeding or the enforcement of a

judgment. Issued to maintain the status quo until a final decision is made.

16. Appeal: A request made to a higher court to review and change the decision of a lower
court.

• Types:
o First Appeal: Against the decree of a trial court.
o Second Appeal: On substantial questions of law.

17. Revision: A request made to a higher court to examine the legality and correctness of a
decision made by a subordinate court. Primarily concerned with jurisdictional errors.

18. Review Petition: A petition filed for the re-examination of a court’s judgment due to
errors apparent on the face of the record. Filed when a party believes there was a mistake in
the judgment.

19. Caveat: A formal notice requesting the court not to pass an order or judgment without
hearing the caveator (the person who filed it). Commonly filed to prevent ex-parte orders.

20. Interim Relief: Temporary relief granted by the court pending the final decision in a
case. Examples: Temporary injunctions, stay orders, interim maintenance.

21. Remand: The act of sending a prisoner or accused back into custody or sending a case
back to a lower court for further proceedings. Issued by the court when further investigation
or trial is needed.

22. Proclamation: A public announcement made by the court, often for summoning an
absconding accused or notifying the public of a legal order. Common in cases where an
accused is evading arrest.
23. Adjournment: The suspension or postponement of a court proceeding to a later date.
Can be requested by either party or ordered by the court.

24. Anticipatory Bail: A pre-arrest bail granted to an individual apprehending arrest for a
non-bailable offense. Applied to prevent arrest in cases where the individual believes they
might be falsely implicated.

25. Filing: The process of submitting legal documents to the court to initiate or progress a
case. Can include plaints, written statements, appeals, petitions, etc.

26. Discharge: A court order that releases an accused from the charges due to lack of
evidence or other legal grounds. Generally applied during preliminary hearings in criminal
cases.

27. Pleadings: The formal written statements of claims and defenses presented by the
parties in a lawsuit.

• Components:
o Plaint (by Plaintiff)
o Written Statement (by Defendant)

28. Deposition: The sworn, out-of-court testimony of a witness recorded for later use in
court proceedings. Often used as evidence during trials.

29. Lok Adalat: An alternative dispute resolution mechanism in India where disputes are
settled amicably without litigation. Common for civil, matrimonial, and small financial
disputes.

30. Mediation: A form of alternative dispute resolution where a neutral third party
(mediator) helps the parties reach a settlement. Encouraged for resolving civil, commercial,
and family disputes.

31. Compromise Decree: A decree passed by a court based on a settlement agreement

reached between the parties. Ends litigation by mutual agreement.

32. Cognizance: The action taken by a court to acknowledge an offense and initiate judicial
proceedings. Often the first step in criminal cases after filing an FIR or charge sheet.

33. Ex-Parte: Proceedings conducted in the absence of one of the parties, usually due to
non-appearance after due notice. Orders or judgments passed in favor of one party due to the
absence of the other.

34. Remedy: The legal means by which a court enforces a right, imposes a penalty, or
makes another court order.

• Types:
o Legal Remedy (damages, compensation)
o Equitable Remedy (specific performance, injunction)
35. Affidavit: The affidavit is a sworn statement made by a party, in writing, in the presence
of an oath commissioner or a notary public. Affidavits are used as evidence in court
proceedings. An affidavit in reply to a petition, filed by a respondent, is called a counter-
affidavit. The petitioner’s response to a counter is called a rejoinder affidavit.

36. Appeal: The appeal is a process by which the correctness of the decision of a lower court
or tribunal is questioned in a higher court. Arbitration: Arbitration serves as a method for two
parties to resolve a dispute through a private dispute resolution procedure instead of going to
court.

37. Attestation: Attestation is authentication of a signature by an authorised person, who could

be an oaths commissioner or a notary public.

38. Bench: The composition of judges sitting to hear a matter in court. In the High Court,
judges can sit singly, in division benches of two judges or in full benches of three or more
judges. In the Supreme Court, the vacation judge or judge in chambers may sit singly; division
benches comprise two or three judges; constitution benches five or more judges.

39. Cause List: Cause list contains information like the bench, courtroom number and the
position of the matter. The Registry issues cause list on the matters to be heard by the court on
any day.

40. Cognisable Offence: Cognisable offence means a police officer has the authority to make
an arrest without a warrant and to start an investigation with or without the permission of a
court.

41. Contempt of Court: A party willfully disobeying an order of a court can be held in
contempt of that court. Under the Contempt of Courts Act, 1971 this is defined as ’civil
contempt’. Any act that lowers the authority of the Court or interferes with the course of justice
is defined as ’criminal contempt’. Each court has the power to punish anyone committing
contempt of a court.

42. Intervener: An intervener is a person who is not a party to the proceedings, with the
permission of the court, intervene in a case, if the outcome of the case will affect such person
in some way. An intervener does not become a party, does not have an automatic right to be
heard, but may file an affidavit.

43. Issue Notice: When a Court decides to consider a case, it asks the respondents to explain
why the case should not be admitted (show cause). This is done by a notice sent to the
respondents which give the details of the case and the next date of hearing along with a copy
of the petition. If the respondent does not appear on this date, the court may proceed ex parte.

44. Stay Order: Stay order is an application filed seeking an interim court order to prevent the
respondents from performing an action or to prevent an order from being carried out.

45. Sub judice: A matter pending a decision by a Court is called sub judice. Parties to such a
matter should not do anything that would affect the outcome of the case.

46. Suo Motu: The Court may take action on its own when facts requiring legal intervention
reach its notice. Then the court is as is to be suo-moto.
 47. Writ & Writ Petition: A writ is a direction that the Court issues, which is to be obeyed by
the authority/person to whom it is issued. A petition seeking issuance of a writ is a writ petition.

48. Status quo: The phrase “Status quo” means the 'existing state of affairs'. It is the short
form of the Latin phrase “in statu quo”. In legal terms, it is used as the last actual and
uncontested state of affairs that preceded a controversy and that is to be preserved by
preliminary injunction compare status quo ante.

Important Court Related Abbreviations

For the ease of understanding, all the case types have been categorized under specific
jurisdictions which are as follows: Original Jurisdiction Writ Jurisdiction Appellate
Jurisdiction.

• Under these categories, the abbreviations of case types are further divided into main and
miscellaneous types.

APPELLATE SIDE:

All the parties to any kind of proceedings can appeal against the decision of the lower court to
the court of higher authority. Appeals are basically applications made to the higher courts for
reviewing and reconsidering the order passed by the lower courts. The following case types
come under the appellate side of the Court: Main Case Types:

1. First Appeal (A.S.) When an appeal is made against the order passed by the court which
had original jurisdiction for the particular case, it is called the first appeal.

2. Second Appeal (S.A.) A second appeal is filed against the first appeal. Under Section 100
CPC, it can only be filed in a High Court. In the second appeal, only a question of law can be
raised and facts cannot be questioned.

3. Writ Appeal (W.A.) In India, the High Courts & the Supreme Court have writ jurisdiction
under which they can issue 5 writs – Habeas Corpus, Certiorari, Mandamus, Prohibition and
Quo Warranto. When an appeal to the Supreme Court or High Court is filed under this
jurisdiction, it is a writ appeal.

4. Original Side Appeal (O.S.A.) The original side of a court, in terms of approaching, means
that the party has directly come before the court before going through the lower courts.

5. Special Tribunal Appeal (S.T.A.) An appeal from the judgment or order of a Special
Tribunal to the Hon'ble SC is a Special Tribunal Appeal.

6. Civil Miscellaneous Appeal (C.M.A.) Against certain orders passed in a suit before it is
finally disposed of, an appeal is provided under Section 104.

7. Civil Miscellaneous Second Appeal (C.M.S.A.) Simply, an appeal against the Civil
Miscellaneous Appeal.
8. Letters Patent Appeal (L.P.A.)

9. Special Tribunal Petition (S.T.P.)

10. Contempt Appeal (CONT.A.)

11. Cross Objection (CROSS.OBJ.) Court passes a decree which is partly in favour of a party
and partly not. For eg - In a suit for Rs. 10, 000/-, A (Petitioner) is awarded Rs. 7000/- to be
paid by B (Defendant). A is satisfied with the decree and does not want to indulge in litigation
any further. But B appeals against the award and contends that he is not liable to pay a single
penny. Against this appeal, A can stand, and he will be posing a Cross-Objection.

12. Trade Marks Appeal (T.M.A.) An appeal against the order of the Registrar of Trademarks
under the Trademarks Act 1999.

13. Trade Marks Second Appeal (T.M.S.A.)

14. Tax Cases (T.C.)

15. Tax Case Appeal (T.C.A.)

16. Tax Case Revision (T.C.R.)

17. Civil Revision Petition (C.R.P.)

18. Civil Revision Petition (PD) (CRP(PD))

19. Review Application (REV.APPL.) A review application is filed for the correction of any
mistakes that may have been committed in a court's judgment.

Miscellaneous Case Types

1. Miscellaneous Petition (M.P.) The petitions which are filed other than the main case. These
are miscellaneous as to the matter that they pertain to.

2. Habeas Corpus Petition (H.C.P.) Habeas Corpus is one of the five writs which can be
issued by the High Courts & the Supreme Court under Writ Jurisdiction. When a petition is
filed asking for the production of a person in detention or custody along with the grounds for
it, it is known as a habeas corpus petition.

3. Criminal Revision Case (CRL.R.C.) When an application is filed by an aggrieved person

for the revision of the judgment passed by the court, it is a criminal revision case.

4. Criminal Appeal (CRL.A.) A criminal appeal is an appeal made to a superior court against
the order of the court of lower authority by the aggrieved party to the proceedings.

5. Referred Trial (R.T.) In cases where the punishment inflicted is grave, the Sessions Court
mandatorily needs to refer the trial to High Court for confirmation, even if the accused does
not prefer an appeal against the order. Such trials are called Referred Trials.
6. Criminal Original Petition (CRL.O.P.) A petition filed under a provision of law which
allows a court to hear a criminal matter originally.

7. Reference Case (R.C.) A reference made by a lower court to the High Court under section
113 of CPC asking for the High Court's opinion on points where the law is not very clear.

WRIT SIDE

Under the Writ Side, the following are the types of cases: Main Case Types:

1. Writ Petition (W.P.) Writ Petitions are the orders of the superior courts to the lower courts
to do or not to something. Under Articles 226 and 32 of the Indian Constitution, writ petitions
can be filed before the High Courts and the Supreme Court. Different kinds of Writ include -
Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-Warranto.

2. Review Application (REV. APPL.) Article 114 of the CPC talks about this.

Miscellaneous Case Types ORIGINAL SIDE

Main Case Types:

1. Civil Suit (C.S.) To understand this we should understand the difference between a Case
and a Suit. Broadly, it is what is lodged in a court through stipulated instruments against a
private person typically for money. The court awards compensation here, instead of
imprisonment as is the case in Criminal 'Proceedings' (Suit is the term used for Civil matters).

2. Insolvency Petition (I.P.) An insolvency petition is a petition filed either by the creditor for
the repayment of debt or the debtor for getting protection from the creditor. It is filed before
the District Court of jurisdiction either where the debtor resides or has his business or is in
custody.

3. Original Petition (O.P.) The petition by the filing of which a suit gets instituted in a court
of law is an original petition.

4. Company Petition (C.P.) Generally a Petition filed by the creditors or shareholders against
a Company that is not showing promising stability and the apprehension is that the money
invested by the stakeholders may be lost.

5. Election Petition (ELEC. PETN) Election petitions are petitions which challenge the
election of a person to the Parliament or Legislature.

6. Testamentary Original Suit (T.O.S.) Testament signifies the Testification of One Will or
What he has determined in his mind. An original suit is one that comes to a court Originally,
that is to say that it does not come by the virtue of an appeal from a lower court.

7. Original Matrimonial Suit (O.M.S) A matrimonial suit is one in which the rights and
liabilities or titles of two parties involved in a matrimonial tie are meant to be determined.
When such suit is commenced through an instrument for the first time in a court, it is known
as an Original Matrimonial Suit.
 8. Original Applications (O.A.) As the work 'Origin' suggests, it is a provisional, preliminary
or initial application moved for any matter or relief in a Court of law.

• Miscellaneous Case Types

1. Original Application (O.A.) Does not need any explanation as the same has been explained
above.

2. Application (APPLICATION) An instrument used to move the court for a specific right,
typically incidental, in a suit going on pertaining to the main matter before a Court of law.

3. Sub-Application (SUB-APPLICATION) An application making part of a larger or the

main application. For eg - A sub application may be made after an application for maintenance
is made, in order to request the Court to increase the amount of maintenance.

4. Execution Petition (E.P.)

5. Caveat (CAVEAT) A caveat petition is filed by an individual when he/she has a fear that
a case may be instituted against him/her. Section 148A CPC defines a caveat petition. Caveat
means 'Beware'. This petition warns the Court that in case a case is filed against such person,
court may kindly inform the person about the same without an action is taken against the person
against whom a case filed.

Abbreviation Full Form

CrPC Code of Criminal Procedure
IPC Indian Penal Code
AOR Advocate on Record
CJI Chief Justice of India
Ld. Learned (used to address lawyers)
FCRA Foreign Contribution Regulation Act
FIR First Information Report
PIL Public Interest Litigation
RTI Right to Information
ADR Alternative Dispute Resolution
POCSO Protection of Children from Sexual Offenses Act
Writ A formal written order or directive from a higher court
CAS Central Administrative Tribunal
CIC Central Information Commission
DVC Domestic Violence Act
PIL Public Interest Litigation
GPA General Power of Attorney
SOPO Sexual Offences Prevention Order
CJM Chief Judicial Magistrate
DPP Director of Public Prosecutions
ITAT Income Tax Appellate Tribunal
JDR Judicial Dispute Resolution
LAC Legal Aid Clinic
MOA Memorandum of Association
NDA Non-Disclosure Agreement
SLP Special Leave Petition
SRA Solicitors Regulation Authority
OCLD Organized Crime and Legal Division
VATS Voluntary Alternate Dispute Resolution
CRP Criminal Procedure
LDC Law and Development Committee
LLP Limited Liability Partnership
COP Certificate of Probable Cause
APD Affidavit of Probable Defense
TJC Temporary Juvenile Criminal
 The A to Z guide to legal phrases

General Legal Terms

1. Plaintiff: The person who initiates legal proceedings in civil cases. Example: A
landlord suing a tenant for unpaid rent.
2. Defendant: The person against whom a legal proceeding is initiated in civil cases.
3. Accused: The individual against whom legal proceedings are initiated in criminal
cases.
4. Forgery: The act of making, altering, or falsifying documents with the intent to
deceive. Example: Creating a fake signature on a legal document.
5. Alibi: A defense claim where the accused proves they were elsewhere when the crime
occurred.
6. Complaint: A formal statement made to a magistrate/judge alleging that an offense has
been committed. It can be made orally or in writing. It triggers criminal proceedings in
certain cases.
7. FIR (First Information Report): A formal complaint lodged at a police station
regarding a cognizable offense. FIR is the starting point for police investigation.

Types of Offenses

8. Cognizable Offense: An offense where the police can arrest the accused without a
warrant. Examples: Murder, rape, theft.
9. Non-Cognizable Offense: An offense where the police cannot arrest without prior
approval from a magistrate. Examples: Defamation, public nuisance.
10. Bailable Offense: An offense where bail is a right, and the accused can secure release
easily. Example: Minor theft.
11. Non-Bailable Offense: An offense where bail is granted at the court’s discretion.
Example: Murder.

Legal Doctrines and Concepts

12. Abatement (or Abate): To reduce or diminish. Example: If a lawsuit is dismissed due
to the death of a party, the case is said to abate.
13. Status Quo: Maintaining the current state of affairs. Example: A court order to halt
construction and maintain status quo during a property dispute.
14. Suo Motu: When a court or authority takes action on its own initiative without a formal
complaint. Example: A court launching an inquiry into public interest issues.
15. Res Sub Judice: A matter that is currently under judicial consideration and yet to be
decided. Prevents parallel proceedings on the same issue in different courts.
16. Mens Rea: The mental element of a crime, meaning a guilty mind or intent. Example:
Premeditation in a murder case.
17. Actus Reus: The physical act of committing a crime. Example: The action of stabbing
in a murder.
18. Injury: Harm caused to a person, property, or reputation, which is an essential element
of many crimes.
Related Legal Terms

1. Prima Facie: Based on the first impression; accepted as correct until proven
otherwise.
2. Sub Judice: A Latin term meaning “under judgment,” indicating the matter is
pending in court.
3. Prosecution: The state or legal party responsible for proving the guilt of the accused
in criminal cases.
4. Jurisdiction: The authority of a court to hear and decide a case. Example: A family
court handles divorce cases.
5. Summons: A legal notice requiring someone to appear in court.
6. Warrant: A written authorization allowing the police to perform an action, such as an
arrest or search.
7. Perjury: The act of lying under oath during a judicial proceeding.
8. Breach of Contract: Failure to fulfill obligations under a legally binding agreement.
9. Habeas Corpus: A writ requiring a person under arrest to be brought before a judge
to ensure lawful detention.
10. Injunction: A court order to prevent a party from performing a specific act.
11. Abatement is: cancelling a writ or action; stopping a nuisance; reducing the payments
to creditors in proportion, if there is not enough money to pay them in full; or
reducing the bequests in a will, in proportion, when there is not enough money to pay
them in full.
12. Ab initio from the start of something. (This phrase is Latin.)
13. Absolute discharge someone who has been convicted of an offence being released
without any penalty. (They may still have to pay compensation though.)
14. Accomplice someone who helps another person to commit a crime.
15. Acquit when a court lets a person go without any penalty. If a court decides that a
person is not guilty of a crim, or the case has not been proved, it will acquit the
person.
16. Acquittal the court's decision that a person is innocent of the crime they were charged
with.
17. Actus reus an act which is illegal, such as theft. (This term is Latin.)
18. Ad hoc for a particular purpose. For example, a committee set up to deal with a
particular situation is an ad hoc committee. (This term is Latin.)
19. Ad idem in agreement. (This term is Latin.)
20. Ad infinitum endlessly or forever. (This term is Latin.)
21. Adjourned sine die when a court case has no date fixed for it to continue.
22. Adjournment postponing a court hearing.
23. Adjudge/adjudicate to give an official judgement about something. For example, if
someone cannot pay their debts a court may adjudge them bankrupt.
24. Adjudication order the former name for a court order which made someone
bankrupt. It has now been replaced with the term bankruptcy order.
25. Admonition reprimanding of a defendant by a judge even though the case against the
defendant has been discharged (dropped).
26. Ad valorem in proportion to the value. An ad valorem duty goes up as the value of
the goods, shares and so on that it is charged on rises. (This term is Latin.)
27. Advocate is:
a. the lawyer who speaks in court for a client; or
28. Affidavit a written statement which is sworn to be true by the person signing it. It is
sworn before someone authorised by the court.
29. Affirm to:
a. solemnly promise to tell the truth in court;
b. solemnly promise to tell the truth in an affidavit;
c. confirm a decision made by a lower court; or
d. allow a contract to continue even though it could have been cancelled because
it was fundamentally breached.
30. Affirmation solemnly promising to tell the truth when giving evidence. It is an
alternative to swearing an oath when the person giving evidence does not wish to.
31. Affray fighting unlawfully. It is a criminal offence.
32. Alibi a claim that a person was elsewhere when a crime was committed. If someone is
accused of a crime their alibi is:
a. evidence that the person was somewhere else when the crime was committed;
or
b. an attempt to prove that the person was somewhere else when the crime was
committed.
33. All and sundry everybody.
34. Allegation an unproved statement declaring that something has happened.
35. Alternative verdict a person being found guilty of a less serious crime than the one
they were charged with. If a more serious charge has not been proved and the
defendant has been found not guilty, the defendant may be found guilty of a less
serious crime instead. For example, there may not be enough evidence to convict
someone of a murder but there may still be enough for a manslaughter conviction.
This is known as an alternative verdict.
36. Amnesty not punishing a person for an offence they have committed and removing
details of the offence from the court's records is giving the person an amnesty.
37. Annuitant the person who gets paid an annuity.
38. Annuity an amount paid out every year to someone. The money usually comes from
an insurance policy. It can be split up into smaller amounts and be paid out more
frequently, such as monthly. It is usually paid for the rest of the beneficiary's life.
39. Annul to cancel:
a. an invalid marriage; or
b. a bankruptcy order.
40. Ante before. (This is a Latin word.)
41. Antecedents details about the past of a defendant or a person found guilty of a crime.
The information about previous crimes, background and bad behaviour is given to the
court before the sentence is given.
42. Antenuptial agreement a legal agreement between two people who are about to get
married. The agreement sets out how the couple's assets will be divided between them
if they later divorce.
43. Anton Piller order an order by the High Court. It gives the applicant permission to
search the defendant's premises for evidence, inspect it and take it away. It is intended
to prevent evidence being destroyed or hidden which would be relevant to the case.
('search order'.)
44. Appeal asking a court to overturn a lower court's decision. If the decision of a court is
disputed it may be possible to ask a higher court to consider the case again by lodging
an appeal.
45. Appellant the person who is appealing to a court against a decision of a lower court.
46. Appellate jurisdiction the authority a court has to hear an appeal against a decision
made by a lower court.
47. Arbitrage is:
a. borrowing money at a low rate of interest to lend out again at a higher rate; or
b. buying and selling in different markets to make profits out of the price
differences.
48. Arbitration settling a dispute by using a referee. If a dispute goes to arbitration it is
settled by an independent referee. It avoids having to use the courts to settle the
dispute.
49. Arbitrator the independent referee who settles a dispute without the need to use the
courts.
50. Arraignment a procedure at the start of a trial when details of the offences are read
out and the defendants are asked whether they will plead guilty or not guilty.
51. Arson setting fire to something to cause damage to it.
52. Attest to sign to witness a signature on a document.
53. Attorney a person appointed to act for another person (such as when someone cannot
look after their own affairs). A formal document called a power of attorney is used to
appoint the attorney. It is also the name used for a US lawyer.
54. Audit an independent examination of an organisation's records and financial
statements (report and accounts) to make sure that:
a. the financial statements show a fair reflection of the financial position at the
accounting date;
b. the income and spending is shown accurately;
c. the financial statements meet any legal conditions; and
d. the financial statements are drawn up clearly.
55. Autopsy an examination of a dead body to find the cause of death.
56. Bail to pay, or promise to pay, an amount of money so that an accused person is not
put in prison before the trial. If the accused person does not appear at the trial, the
court can keep the money put up for bail.
57. Bailee a person or organisation looking after valuable items to keep them safe for the
owner.
58. Bailiff an officer of the court who carries out the court's orders, such as taking a
debtor's goods and selling them to get money to pay the debtor's debts. A bailiff can
also personally deliver (serve) documents on people.
59. Bailiwick the area over which a bailiff has jurisdiction.
60. Bailment transferring possession of goods from the owner to someone else. The
ownership of the goods is not transferred. A practical example of bailment is that
someone who hires a television has possession of it, but the rental company still owns
the television.
61. Bailor the owner of valuable items which are in the possession of another person or
organisation for safekeeping.
62. Bar the collective term for barristers. When a lawyer becomes a barrister, it is called
'being called to the bar'.
63. Barrister a lawyer who can speak in the higher courts, which a solicitor is not
allowed to do.
64. Bench the name for the judges or magistrates in a court.
65. Case law law that is based on the results of previous court cases.
66. Case stated the written statement setting out the facts of a case. It is produced by a
magistrates' court when asking the High Court for an opinion on the law.
67. Caveat a warning. (This is a Latin term.)
68. Caveat emptor 'buyer beware'. It is used to warn people buying goods that they may
not be able to get compensation if the goods they buy are faulty. (This is a Latin
term.)
69. Certiorari an order by the High Court that a case should be reviewed. If the High
Court considers that a case heard in a lower court is flawed it may order that it be
reviewed by the High Court. (This word is Latin.)
70. Chambers the offices used by barristers and the judge's private office.
71. Chancery Division a section of the High Court. It deals with cases involving trusts,
land, company law, patents and so on.
72. Charge means:
a. to formally accuse someone of committing a crime;
b. to use property as security for a debt (such as a mortgage); or
c. a direction given by a judge to tell the jury what they must do.
73. Charge sheet the document on which a police officer records details of the accusation
against a suspect.
74. Circumstantial evidence evidence which suggests a fact but does not prove the fact
is true.
75. Citation is:
a. a summons to appear in court;
b. quoting from a completed case to support an argument; or
c. a notice sent out by someone wanting grant of probate or letters of
administration, asking people to come forward if they object to it.
76. Civil court a court which does not hear criminal cases. It deals with people's rights
such as collection of debts.
77. Claimant the person making a claim.
78. Codicil extra pages to change a valid will which needs a minor alteration. The codicil
must be signed and witnessed and then be attached to the will.
79. Coercion a defence that a crime was committed because the person accused was
forced to do it.
80. Collateral extra security for a debt. If there is a main security for a debt, such as a
house being security for a mortgage, any extra security supplied is called collateral.
81. Committal order an order used to send someone to prison for contempt of court.
82. Committal proceedings a hearing where magistrates work out if there is enough
evidence of a serious crime to justify a trial by jury.
83. Conclusive evidence evidence which by law cannot be disputed.
84. Confiscation order If someone has been convicted of a crime the court may order the
person convicted to pay the court a sum of money. This is called a confiscation order.
85. Consideration the price you pay for something.
86. Consignee the person goods have been sent to.
87. Consignor the person who sent the goods.
88. Contempt of court the offence of:
a. disobeying a court order;
b. abusing a judge during a court case; or
c. interfering in the administration of justice.
89. Coroner a person who investigates the cause of death when a person has suffered a
sudden, violent or suspicious death.
90. Corpus delicti is:
a. the body of a person who has been killed unlawfully; or
b. the facts which make up an offence.(This phrase is Latin.)
91. Counsel a barrister or group of barristers.
92. Counterfeit something that is forged or copied with the intention of deceiving.
93. Court of Appeal a court which hears appeals against the decisions of other courts.
94. Covenant a contract or legally binding promise.
95. Culpa blameworthiness or a fault. (This word is Latin.)
96. Decree an order by a court.
97. Decree absolute the final court order which ends a marriage.
98. Decree nisi a provisional court order which orders that a marriage should be
dissolved.
99. Deed a legal document which commits the person signing it to something.
100. De facto in fact or in reality. (This term is Latin.)
101. Defendant a person defending a court action which has been taken against
them.
102. De jure rightfully. (This term is Latin.)
103. De minimis non curatlex the law will not take account of trifling matters.
(This phrase is Latin.)
104. Deponent a person who swears on oath that a statement is correct.
105. Engrossment preparing the final version of a legal document ready for it to be
executed (made valid such as with a signature).
106. Estoppel a rule of law that a person cannot deny something they previously
said, if someone else acted on what was said and their position was changed, possibly
for the worse, as a result.
107. Et seq 'and in the following pages'. It is sometimes written in books and
documents. (This phrase is abbreviated from the Latin 'et sequeus'.)
108. Ex gratia describing something done or given as a favour rather than a legal
obligation. (This term is Latin.)
109. Ex parte done by one side only in a case.
110. Ex post facto describing a law which is retrospective (it affects past acts as
well as future ones). (This term is Latin.)
111. Feu a lease which lasts for ever.
112. Fiduciary in a position of trust. This includes people such as trustees looking
after trust assets for the beneficiaries and company directors running a company for
the shareholders' benefit.
113. Forbearance when one party to an agreement does not pursue rights under the
agreement even though the other party has not kept to its terms. An example would be
someone not suing to recover an overdue debt.
114. Force majeure an event which cannot be controlled and which stops duties
under an agreement from being carried out. (This phrase is French.)
115. Forfeiture the loss of possession of a property because the tenancy conditions
have not been met by the tenant.
116. Garnishee order a court order to a third party who owes money to a
judgement debtor to pay the money to the judgement creditor.
117. Habeas corpus a writ which can be applied for to order a person's release if
they have been imprisoned unlawfully.
118. Hearsay evidence evidence given in court of something said to the witness by
another person.
119. Indict using legal means, to officially accuse someone of committing an
offence.
120. Issue the legal word for:
a. children; or
 b. the matter to be decided by a court action.
121. Judgement summons a summons to appear in court to disclose (reveal)
income and assets under oath because a judgement debtor has failed to pay the
judgement debt.
122. Judicial discretion a degree of flexibility about the way courts do things.
123. Judicial immunity immunity that a judge normally has from being sued for
damages when acting as a judge.
124. Jurisdiction is:
a. the territory in which a court can operate;
b. the power it has to deal with particular cases; or the power it has to issue
orders.
125. Juror one of the people who are acting as a jury.
126. Jury a group of people (usually 12) who review all the evidence in a court
case and then come to a verdict.
127. Lawsuit a claim made in a court of law.
128. Leading question a question which:
a. suggests the answer to be given; or
b. assumes things to be true which in fact are disputed.
129. Lien the right to keep possession of something owned by someone who owes
a debt, until the debt has been settled.
130. Litigant a person involved in a lawsuit.
131. Litigation taking legal action through the courts.
132. Magistrate a Justice of the Peace who presides over (is in charge of) minor
cases heard in the magistrates' court.
133. Malfeasance an unlawful act.
134. Malice intending to do something which is against the law.
135. Mediation help from an independent person (a mediator) to solve differences
between a husband and wife whose marriage has broken down. The mediator helps
them to agree what should be done about their children, money and so on.
136. Mens rea the intent to commit a crime and also the knowledge that an act is
wrong. (This term is Latin.)
137. Mercantile law the branch of the law dealing with commerce.
138. Misfeasance when:
a. something is done badly even though it is still legal; or
b. a company officer does something which is a breach of trust or a breach of
duty.
139. Muniments documents which are evidence of a right to something.
140. Omission a failure to do something.
141. Order an instruction by or command of a court.
142. Pari passu equally. (This term is Latin.)
143. Parole release from prison early. If someone is given parole they may be
returned to prison if they offend again.
144. Per pro on behalf of. (This term is Latin.)
145. Per quod in accordance with or whereby. (This term is Latin.)
146. Per se in itself or by itself. (This term is Latin.)
147. Plaintiff the person who goes to court to make a claim against someone else
(Claimant)
148. Plea the defendant's answer to the accusations.
149. Plead to declare to the court whether you are guilty or not guilty.
150. Prima facie on the face of it. (This term is Latin.)
151. Prosecutor the person who brings legal proceedings, on behalf of the
government, against the accused.
152. Quango an organisation set up by the Government to do a particular activity.
It is partly independent and does not form part of the Government.
153. Quorum the lowest number of qualifying people needed for a meeting to be
able to make a decision.
154. Record the documents in a court case from beginning to end.
155. Remand being kept in prison or paying bail. If an accused person is placed on
remand they are either kept in prison for a short period or have to pay bail or get
someone to pay it for them. It is used for short periods before a trial starts.
156. Remedy using the law to get compensation for damage done or for rights
infringed. Also, a remedy can be using the law to prevent something from happening.
157. Res ipsa loquitur proof is not needed because the facts speak for themselves.
If the defendant was in charge of events and an accident was caused on the face of it
by negligence, then it may be presumed that the defendant was negligent unless there
is evidence to the contrary. (This term is Latin.)
158. Sentence the penalty the court imposes on someone found guilty of an
offence.
159. Solicitor a person who can deal with legal matters for the public and give
advice on legal matters. All solicitors are listed on the roll of solicitors kept by the
Law Society. Some solicitors can appear for their clients in some of the lower courts.
160. Solicitor General the assistant of the Attorney General. They both advise the
Government.
161. Statement of claim the claimant's written statement setting out the claim in a
civil case.
162. Status how the law regards a person, such as whether the person is a minor or
a bankrupt and so on.
163. Statute an Act of Parliament.
164. Sub judice describes something being dealt with by a court which cannot be
discussed outside the court. (This term is Latin.)
165. Subpoena a writ requiring the person it is addressed to to attend at a specific
place (such as a court) on a specific date and at a stated time.
166. Sue to start legal proceedings in the civil court against someone.
167. Sui generis describes something that belongs in a particular category or is the
only one of its class. (This term is Latin.)
168. Sui juris describes someone who can enter into a contract without any
restriction. (This term is Latin.)
169. Suit proceedings brought by one person against another in a civil court.
170. Summary proceedings a trial by magistrates, where the defendant has the
right to choose which court should hear the case, but has agreed to be tried in the
magistrates' court.
171. Summons an order by a court that a person attend at a particular court at a
stated time on a particular date.
172. Supra above (see above or before in the document). (This word is Latin.)
173. Terra land. (This word is Latin.)
174. Testimony the evidence a witness gives in court.
175. Uberrimae fidei of the utmost good faith. In certain contracts (such as
insurance policies) one party must disclose (reveal) any material facts to the other
party. If they are not disclosed the contract can be cancelled or become unenforceable.
(This term is Latin.)
176. Ultra vires beyond one's powers. If an organisation does something ultra
vires, what it has done is invalid.
177. Undertaking a promise which can be enforced by law such as a promise made
by one of the parties or by their counsel during legal proceedings.
178. Verdict the jury's decision at the end of a case.
179. Vexatious litigant a person who regularly brings court cases which have little
chance of succeeding.
180. Void unable to be enforced by the law.
181. Ward of court a person who is protected by the High Court, such as a minor.
182. Warrant is:
a. a certificate which gives the person holding it the right to buy shares at a given
price;
b. a magistrate's written instruction to arrest someone; or
c. a magistrate's written instruction to search a property.
183. Witness someone who:
a. watches a signature being put on a document, and then signs as well to verify
the signature's authenticity; or
b. attends court to testify about events they know about. To witness a document
is to watch it being signed and then add your own signature and name, address
and occupation.
184. Writ an order issued by a court telling someone to do something or not to do
something.
 Indian Judiciary
The judiciary is that branch of the government that interprets the law, settles disputes and
administers justice to all citizens. The judiciary is considered the watchdog of democracy, and
also the guardian of the Constitution. For democracy to function effectively, it is imperative
to have an impartial and independent judiciary.

Independent Indian Judiciary

• It means that the other branches of the government, namely, the executive and the
legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.
Independence of the judiciary also does not mean that the judiciary functions arbitrarily and
without any accountability. It is accountable to the Constitution of the country.
Article 50 of the Indian Constitution states that the state must take the necessary steps to
separate the judiciary from the executive in the public services of the state.

Functions of Indian Judiciary

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to apply the law to
specific cases or in settling disputes. When a dispute is brought before the courts it
‘determines the facts’ involved through evidence presented by the contestants. The law
then proceeds to decide what law is applicable to the case and applies it. If someone is
found guilty of violating the law in the course of the trial, the court will impose a penalty
on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it
difficult to select the appropriate law for application. In such cases, the judges decide
what the appropriate law is on the basis of their wisdom and common sense. In doing
so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the
doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as
binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian
of the Constitution. The conflicts of jurisdiction between the central government and
the state governments or between the legislature and the executive are decided by the
court. Any law or executive order which violates any provision of the constitution is
declared unconstitutional or null and void by the judiciary. This is called ‘judicial
review.’ Judicial review has the merit of guaranteeing the fundamental rights of
individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not
trampled upon by the State or any other agency. The superior courts enforce
Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the
subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give
its advisory opinions on constitutional questions. This is done in the absence of disputes
and when the executive so desires.
 7. Administrative functions: Some functions of the courts are non-judicial or
administrative in nature. The courts may grant certain licenses, administer the estates
(property) of deceased persons and appoint receivers. They register marriages, appoint
guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also
performs the important task of settling disputes between the centre and states. It also
acts as an arbiter of disputes between states.
Conducting judicial enquiries: Judges normally are called to head commissions that enquire
into cases of errors or omissions on the part of public servants.

Indian Judiciary – Hierarchy / Structure

India has a single integrated judicial system. In Indian Judiciary System, the Judges have a
hierarchy according to which they are seated in the respective courts. The Judges at different
levels have different powers and functions. The higher the judges are seated, the more is their
power. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the
top. High Courts are below the SC, and below them are the district and subordinate courts.
The lower courts function under the direct superintendence of the higher courts.
Structure of Judiciary in India:
1. Supreme Court of India
2. High Court (in each of the states)
3. District & Session Judges' Court (In Districts)
4. Subordinate Judges' Court (Civil)
5. Court of Session (Criminal)
6. Subordinate Magistrates' Courts

There are also two branches of the legal system, which are:

1. Criminal Law: These deal with the committing of a crime by any citizen/entity. A
criminal case starts when the local police file a crime report. The court finally decides
on the matter.
2. Civil Law: These deal with disputes over the violation of the Fundamental Rights of a
citizen.
 1. SUPREME COURT
The Supreme Court of India is the country’s highest judicial court. It is the final court of
appeal in the country.
• The Supreme Court is the highest court of law in India.
• It has appellate jurisdiction over the high courts and is the highest tribunal of the land.
• It also known as the Apex Court of India, is the highest court of the country. It is the
responsibility of the Apex Court to administer justice all over India.
• The law declared by the Supreme Court is a binding on all the courts within the territory
of India.
• It has the final authority to interpret the Constitution.
• Chapter IV under Part V of the constitution (Union) deals with the Union Judiciary.
• Articles 124-147 of Constitution deal with the Supreme Court of India.
• Under Article 141 of the Constitution, all courts in India are bound to follow the
decision of the Supreme Court as the rule of law. Further, Article 142 of the
Constitution empowers the Supreme Court to pass any order as may be necessary for
doing complete justice between the parties.
• Justice D.Y. Chandrachud is the 50th Chief Justice of India.

Judges Bench in Supreme Court

The total no. of judges in Supreme Court can be 30-34, including the Chief Justice of India. The
presiding officers of the Supreme Court is known as Justice and not judges or magistrate.
As per Article 124 of the Indian Constitution, the Supreme Court shall consist of a Chief
Justice and until Parliament by law appoints a larger number, not more than 7 other judges.
The strength of Judges in Supreme Court is 34, including the Chief Justice of India.
There are three types of Benches in the Supreme Court:
1. Division Bench: A bench of 2 judges is called a Division Bench.
2. Full Bench: A bench of 3 or 5 judges is known as a Full Bench.
3. Constitutional Bench: A bench of 7 or more judges is called a Constitutional
Bench.
In its 70 years of history, the Supreme Court has only authorised 17 nine-judges bench
judgements. The largest bench that has ever adjudicated on a case, is 13, in the matter
of Kesavananda Bharti v State of Kerela in 1973.

Jurisdiction of the Supreme Court

Supreme Court deals with three jurisdictions– Original, Appellate and Advisory Jurisdictions.
(1) Original Jurisdiction: Article 131 of the Indian Constitution.
a. Its original jurisdiction extends to any dispute arising between the government and states.
b. Enforcement of Fundamental Rights as per Article 32 of the Indian Constitution.
c. The Supreme Court can direct transfer of cases from one high court to another or from
a subordinate court to a higher court.
d. May withdraw any case pending in the High Court and can dispose it off itself.
(2) Appellate Jurisdiction:
a. When any one of the parties of the case is not satisfied with the order passed by the High
Court, then such order can be pointed out and presented in the Supreme Court.
b. When the case involves a substantial question of law or of general importance. The
appellate jurisdiction of the Supreme Court can be invoked through the residuary power
 of Special Leave Petition, which is to be exercised only in cases when any substantial
question of law is involved, or gross injustice has been done.
c. When the High Court is of the opinion that the case is a fit for an appeal in the Supreme
Court.
(3) Advisory Jurisdiction:
a. The Supreme Court has an advisory jurisdiction on any matter specifically referred to it
by the President of India under Article 143 of the Constitution.
b. The President can obtain the advice of the Supreme Court if any question of law or fact
arises.
c. The Supreme Court has been provided the power to refuse to give an opinion on the
matter.

Supreme Court History

• The Federal Court of India came into being on 1 October 1937.
• The seat of the court was in Delhi and it functioned until the establishment of the
Supreme Court of India on 28 January 1950.
• The first chief justice was Sir Maurice Gwyer.
• Supreme Court of India On 26 January 1950, the day India’s constitution came into
force, the Supreme Court of India was formed in Delhi.
• Sir Harilal Jekisundas "H. J." Kania was the first Chief Justice of India. He served
as the Chief Justice of India from 1950 to 1951.
• The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and
7 puisne Judges – leaving it to Parliament to increase this number.
• In the early years, all the Judges of the Supreme Court sit together to hear the cases
presented before them. As the work of the Court increased and arrears of cases began
to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956,
14 in 1960, 18 in 1978 and 26 in 1986.
• The number of SC judges was increased by the Parliament and currently, there are 34
judges including the Chief Justice of India (CJI).
• As the number of the Judges has increased, they sit in smaller Benches of 2 and 3 –
coming together in larger Benches of 5 and more only when required to do so or to
settle a difference of opinion or controversy.
• The Supreme Court of India comprises the Chief Justice and 30 other Judges
appointed by the President of India, as the sanctioned full strength.
• Supreme Court Judges retire upon attaining the age of 65 years.
• In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of
India and must have been, for at least five years, a Judge of a high court or of two or
more such Courts in succession, or an advocate of a high court or of two or more such
Courts in succession for at least 10 years or he must be, in the opinion of the president,
a distinguished jurist.
• Provisions exist for the appointment of a Judge of a high court as an ad hoc judge of
the Supreme Court and for retired judges of the Supreme Court or High Courts to sit
and act as Judges of that Court.
• The Constitution seeks to ensure the independence of Supreme Court Judges in various
ways. A judge of the Supreme Court cannot be removed from office except by an order
of the president passed after an address in each House of Parliament supported by a
 majority of the total membership of that House and by a majority of not less than two-
thirds of members present and voting, and presented to the president in the same
Session for such removal on the ground of proved misbehaviour or incapacity.
• A person who has been a Judge of the Supreme Court is debarred from practising in
any court of law or before any other authority in India.
• The proceedings of the Supreme Court are conducted in English only.
• Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate
the practice and procedure of the Supreme Court.
• According to the Constitution of India, the role of the Supreme Court is that of a federal
court, guardian of the Constitution and the highest court of appeal.
• Articles 124 to 147 of the Constitution of India lay down the composition and
jurisdiction of the Supreme Court of India.
• Primarily, it is an appellate court which takes up appeals against judgments of the High
Courts of the states and territories.
• However, it also takes writ petitions in cases of serious human rights violations or any
petition filed under Article 32 which is the right to constitutional remedies or if a case
involves a serious issue that needs immediate resolution.

• The Supreme Court of India had its inaugural sitting on 28 January 1950, and since
then has delivered more than 24,000 reported judgments.
• The Federal Court of India was created as per the Government of India Act 1935.
• This court settled disputes between provinces and federal states and heard appeals
against judgements of the high courts.
• After independence, the Federal Court and the Judicial Committee of the Privy
Council were replaced by the Supreme Court of India, which came into being in
January 1950.

Supreme Court of India – Functions

• It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
• It settles disputes between various government authorities, between state
governments, and between the centre and any state government.
• It also hears matters which the President refers to it, in its advisory role.
• The SC can also take up cases suo moto (on its own).
• The law that SC declares is binding on all the courts in India and on the Union as well
as the state governments.

Supreme Court Jurisdiction

• Supreme Court has three types of jurisdictions. They are original, appellate and
advisory.
• The jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143
of the Constitution.
• The jurisdiction of the SC is of three types:

1. Original - Article 131

2. Advisory - Article 143
3. Appellate – Article 132-134
4. Writ Jurisdiction – Article 32.
5. Review Jurisdiction - Article 137
Supreme Court Composition

• Including the CJI, there are 34 judges in the Supreme Court.

• The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or
more (called a Constitutional Bench) when there are matters of fundamental questions
of the law is to be decided.
The seat of Supreme Court
• As per the Constitution of India, Delhi is declared as the seat of the Supreme Court of
India.
• However, the Chief Justice of India has the power to assign another place (s) as the seat
of the Supreme Court. This is only an optional provision and not mandatory.

SC Judge Eligibility
As per Article 124, an Indian citizen who is below 65 years of age is eligible to be
recommended for appointment as a judge of the SC if:

1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10 years, or
3. he/she is in the opinion of the President, a distinguished jurist.
Independence of Judiciary
The Constitution has many provisions to ensure the judiciary’s independence. They are
discussed below:

1. Security of tenure: The judges of the SC are given security of tenure. Once appointed,
they will retain their office until the age of 65 years. They can be removed only by a
presidential order on grounds of proven misbehaviour and/or incapacity. This
requires a Special Majority according to Article 368.
2. Salaries and allowances: The judges of the SC enjoy good salaries and allowances and
these cannot be decreased except in the case of a financial emergency. The expenses
of the High Court are charged on the Consolidated Fund of the State, which is not
subject to vote in the state legislature.
3. Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the
Parliament and not be curtailed.
4. The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot
be discussed in the legislature.
5. The SC has the power to punish any person for its contempt, as per Article 129.
6. Separation of the Judiciary from the Executive: A Directive Principle of State
Policy says that the state shall take steps to separate the judiciary from the executive in
the public services of the state. According to Article 50, there shall be a separate judicial
service free from executive control.

Supreme Court Collegium System and National Judicial Appointments Commission

(NJAC)

Appointment of Supreme Court Judges

The Constitution of India – Article 124: Establishment and constitution of Supreme Court
say that:
 • There shall be a Supreme Court of India consisting of a Chief Justice of India and, until
Parliament by law prescribes a larger number, of not more than seven other Judges.
• Every Judge of the Supreme Court shall be appointed by the President by warrant
under his/her hand and seal after consultation with such of the Judges of the Supreme
Court and of the High Court in the States as President may deem necessary for the
purpose and shall hold office until he attains the age of 65 years.
• In judicial appointments, it is obligatory for the President to take into account the
opinion of the Chief Justice of India.
• The opinion of the Chief Justice of India is binding on the Government. The opinion
of the CJI must be formed after due consultation with a collegium of at least four
senior-most judges of the Supreme Court.
• Even if two judges give an adverse opinion, then he should not send the
recommendation to the Government.

Timeline for changes in the appointment procedures

• After independence, India adopted the Constitution in 1950.
• According to the Constitution, up to 1973, the President appointed the Chief Justice of
India and remaining judges of the Supreme Court in consultation with the CJI and other
judges as he deemed necessary.
1. Appointment of CJI 1950-1973

• Until 1973, there existed a consensus between the Government of the day and the Chief
Justice of India.
• A convention was formed where the senior-most judge of the Supreme Court was to
be appointed as the Chief Justice of India.
• In 1973, A.N.Ray was appointed as the Chief Justice of India. This violated the
convention formed earlier since Justice A.N.Ray superseded three other Supreme Court
judges senior to him.
• Again in 1977, another chief justice was appointed who superseded his seniors.
• This resulted in a clash between the Executive and the Judiciary.
2. First Judges case, 1982

• A petition was filed in 1982 in the Supreme Court of India.

• This case is known as the S.P.Gupta Case or First Judges case.
• The Supreme Court discussed 2 major points during the proceedings of this case
• When asked the Supreme Court of India whether the word “consultation” in the
constitutional article 124 mean “concurrence”; the Supreme court overruled this
and denied saying that Consultation does not mean concurrence. The President was
not bound to make a decision based on the consultation of the Supreme Court.
• Another important point in the discussion, in this case, was the part where the Supreme
Court decided that a High Court Judge can be transferred to any other high court of a
state even against his will.
3. Second Judges case,1993

• Another petition was filed in 1993 by the Supreme Court Advocates on Record
Association (SCARA).
• In this case, the Supreme court overruled its earlier verdict and changed the meaning
of consultation to concurrence. Thus, binding the President of India with the
consultations of the Chief justice of India.
• This resulted in the birth of the Collegium System.
4. Third Judges Case, 1998

• In the year 1998, the presidential reference to the Supreme court was issued questioning
the meaning of the word consultation in articles 124, 217, and 222 of the Constitution.
• The chief justice won’t be the only one as a part of the consultation process.
Consultation would include a collegium of 4 senior-most judges of the Supreme
court. Even if 2 of the judges are against the opinion, the CJI will not recommend it to
the government.
5. Collegium System

• In this system of appointment of Judges, the collegium will recommend the names of
the candidates to the Central Government.
• Also, the central government will send the names of the proposed candidates for
consultation.
• The appointment process takes a long time since there isn’t a fixed time limit for it. If
the Collegium resends the same name again then the government has to give its assent
to the names.
• The Collegium System faced a lot of criticism not only from the government but also
from civil society due to its Lack of Transparency and Accountability.
• This led to the 99th Constitutional Amendment Act, 2014 the National Judicial
Commission Act (NJAC) to replace the collegium system for the appointment of
judges.

6. National Judicial Appointment Commission Act, 2014

• The 1993 judgment was the basis on which a five-judge Constitution Bench declared
the National Judicial Appointments Commission Act (NJAC) and
the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October
2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and
Appointment and Transfer of High Court Judge
• Composition of NJAC
1. The Chief Justice of India
2. 2 senior-most judges of the Supreme Court
3. The Law Minister of India
4. 2 eminent members that are chosen by the Selection Committee
Appointment and Removal of Judges of the Supreme Court of India

• In judicial appointments, it is obligatory for the President to take into account the
opinion of the CJI.
• The opinion of the CJI is binding on the Government. The opinion of the CJI must be
formed after due consultation with a collegium of at least four senior-most judges of
the Supreme Court.
• Even if two judges give an adverse opinion, then he should not send the
recommendation to the Government.

Eligibility Criteria for Supreme Court Judge

The Indian Constitution says in Article 124 [3] that in order to be appointed as a judge in the
Supreme Court of India, the person has to fit in the following criteria:
 • He/She is a citizen of India and
• has been for at least five years a Judge of a High Court or of two or more such Courts
in succession; or
• has been for at least ten years an advocate of a High Court or of two or more such
Courts in succession; or
• is, in the opinion of the President, a distinguished jurist.

Removal of Judges From Supreme Court

The Constitution of India also provides a set of regulations for the removal of the Supreme
Court judge. Article 124(4) mentions those Removal regulations of the Supreme court judge
as follows:

• A judge of the Supreme Court shall not be removed from his office except by an order
of the President passed after an address by each House of Parliament supported by a
majority of the total membership of that House and by a majority of not less than two-
thirds of the members of that House present and voting has been presented to the
president in same session for such removal on the ground of proved misbehaviour or
incapacity.

• The salaries of the Judges and the administrative expenses of the Supreme Court are
charged on the Consolidated Fund of India [CFI] and are not subjected to the vote of
Parliament.
• Judges of the Supreme Court cannot plead or act in any court or before any authority
within the territory of India after retirement.
 2. HIGH COURT
Each state consists of one High Court. High Courts administer justice in India at State level.
Article 214 to 231 of the Indian Constitution deals with the provisions of the High Court. The
record of judgements of High Courts can be used by Subordinate Courts for deciding cases.
The presiding officers of the High Court are known as Justice and not judges or magistrate.
Article 145(3) of the Indian Constitution allows the High Court to form benches. High Courts
can form a Divisional Bench, a Full Bench and a Constitutional Bench (which can be rarely
seen).
High Courts have jurisdiction over the States in which they are located. There are at present,
25 High Courts in India. However, few of the High Courts have jurisdiction over more than
one State or Union Territories: Bombay (Mumbai) High Court, Calcutta High Court
(Kolkata), Guwahati High Court, High Court of Judicature at Hyderabad, Madras
(Chennai) High Court, Punjab and Haryana High Courts, High Court of J&K UT and
Ladakh. For instance, the Bombay High Court is located at Mumbai, the capital city of the
State of Maharashtra. However, its jurisdiction covers the States of Maharashtra and Goa,
and the Union Territory of Dadra and Nagar Haveli and Daman and Diu.
Predominantly, High Courts can exercise only writ and appellate jurisdiction, but a few High
Courts have original jurisdiction and can try suits. High Court decisions are binding on all
the lower courts of the State over which it has jurisdiction.

High Courts deal with two jurisdictions– Original and Appellate Jurisdiction
(1) Original Jurisdiction
a. The High Court has the Original Jurisdiction to issue writs in order to
enforce fundamental rights.
b. Election Petitions can be heard by High Court.
c. Civil matters with the higher case amounts (varies from state to state) can be heard by the
High Court.
(2) Appellate Jurisdiction
a. An appeal can be made to the High Court against a District Court’s decision.
b. The power to review a matter of the subordinate court lies with the High Court.
c. If the High Court certifies that the case involves a substantial question of law or fact.

Facts
• The high court in India as an institution originated in 1862. Then was set up in Calcutta,
Bombay, and Madras.
• The fourth high court was established in 1866 at Allahabad (now Prayagraj).
• Delhi is the only union territory with a separate high court.
• Parliament is empowered to extend and exclude the jurisdiction of a high court.

• High Courts are the highest courts in a state. Presently, there are 29 High Courts in
India, with some states having a common High Court.
• These courts have jurisdiction over a state, a union territory or a group of states and
union territories.
• Below the High Courts are a hierarchy of subordinate courts such as the civil courts,
family courts, criminal courts and various other district courts.
• High courts are instituted as constitutional courts under Part VI, Chapter V, Article 214
of the Indian Constitution.
 • The High Courts are the principal civil courts of original jurisdiction in the state along
with District Courts which are subordinate to the High courts. However, High courts
exercise their original civil and criminal jurisdiction only if the courts subordinate to
the high court in the state are not competent (not authorised by law) to try such matters
for lack of pecuniary, territorial jurisdiction.
• However, primarily the work of most High Courts consists of Appeals from lower
courts and writ petitions in terms of Article 226 of the Constitution of India. Writ
Jurisdiction is also original jurisdiction of High Court.
• The precise territorial jurisdiction of each High Court varies.
• Judges in a high court are appointed by the President after consultation with the Chief
Justice of India, Chief Justice of High Court and the governor of the state.
• The number of judges in a court is decided by dividing the average institution of main
cases during the last five years by the national average, or the average rate of disposal
of main cases per judge per year in that High Court, whichever is higher.
• The High Courts of Calcutta, Madras and Bombay were established by the Indian
High Courts Act 1861.
• The Calcutta High Court is the oldest High Court in the country, established on 2 July
1862, whereas the Allahabad High Court is the largest, having a sanctioned strength
of judges at 160.
• High courts which handle a large number of cases of a particular region, have
permanent benches (or a branch of the court) established there. For litigants of remote
regions, ‘circuit benches’ are set up, which work for those days in a month when judges
visit.

Powers and Functions of the High Court

• The High Court is the highest court in a state in India.
• Articles 214 to 231 in the Indian Constitution talk about the High Courts, their
organisation and powers.
• The Parliament can also provide for the establishment of one High Court for two or
more states.
• For instance, Haryana, Punjab and the Union Territory of Chandigarh have a
common High Court.
• The northeastern states also have one common High Court.
• UTs of J&K and Ladakh have a common High Court.
• In addition, Tamil Nadu shares a High Court with Puducherry.
• Currently, there are 25 High Courts in India.
• It must be noted that currently, there are 25 High Courts in India. Among these, there
are 7 High Courts that have its jurisdiction for more than one state or Union Territory-
• Guwahati High Court
• Bombay High Court
• Kolkata High Court
• Madras High Court
• Kerala High Court
• Punjab and Haryana High Court
• J&K and Ladakh

What are the functions of the High Court?

The functions of the High Court include the following-
 • High Courts are the court of record. The records from the High Courts can be used by
the Subordinate courts for reference while making its judgements.
• High Courts have the power of Judicial Review under Article 226. It has the power to
declare any law or policy invalid or void if it violates the provisions of the Constitution
of India.
• The High Court has the power of administrative power. It holds a certain control over
the administration and working of the Subordinate Courts.
• The High Courts of India has two jurisdictions. These include- Original Jurisdiction
and Appellate Jurisdiction. The former is the exclusive right enjoyed by the High
Courts. While the latter is the jurisdiction for an appeal made by the Subordinate Court.

High Court Jurisdiction

The various kinds of the jurisdiction of the High Court are briefly given below:

Original Jurisdiction

• The High Courts of Calcutta, Bombay and Madras have original jurisdiction in
criminal and civil cases arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled to hear civil
cases which involve property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in order to
enforce fundamental rights (Article 226).
• With respect to other cases: All High Courts have original jurisdiction in cases that are
related to will, divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.

Appellate Jurisdiction

• In civil cases: an appeal can be made to the High Court against a district court’s
decision.
• An appeal can also be made from the subordinate court directly if the dispute involves
a value higher than Rs. 5000/- or on a question of fact or law.
• In criminal cases: it extends to cases decided by Sessions and Additional Sessions
Judges.
• If the sessions judge has awarded imprisonment for 7 years or more.
• If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.
• In constitutional cases: if the High Court certifies that a case involves a substantial
question of law.

Territorial Jurisdiction

High Court Autonomy

The independence of the High Courts can be corroborated by the points given below:
1. Appointment of Judges: The appointment of judges of the High Courts lies within the
judiciary itself and is not connected to the legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy the security of tenure till the age of
retirement, which is 62 years. A High Court cannot be removed except by an address
of the President.
3. Salaries and allowances: The High Court judges enjoy good salaries, perks and
allowances and these cannot be changed to their disadvantage except in case of a
financial emergency. The expenses of the High Court are charged on the Consolidated
Fund of the State, which is not subject to vote in the state legislature.
4. Powers: The Parliament and the state legislature cannot cut the powers and jurisdiction
of the High Court as guaranteed by the Constitution.
5. Conduct of judges: Unless a motion of impeachment has been moved, the conduct of
the High Court judges cannot be discussed in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an office of emolument
under the Government of India or that of a state. There is an exception to this clause,
however, when, with the consent of the Chief Justice of India, retired judges can be
nominated to a temporary office, and in the situation of emergencies.
 J&K High Court
Introduction, Brief History and Background

• The High Court of Jammu & Kashmir and Ladakh is the common high court for union
territories of Jammu and Kashmir and Ladakh.
• It was established as the High Court of Jammu and Kashmir on 26 March 1928 by the
Maharaja of Jammu and Kashmir (Maharaja Hari Singh).
• The Maharaja appointed Lala Kanwar Sain as the first chief justice, and Lala Bodh
Raj Sawhney and Khan Sahib Aga Syed Hussain as puisne judges.
• Puisne judge Khan Sahib Aga Syed Hussain was the first Muslim judge of the High
Court.
• Janki Nath Wazir is the longest serving Chief Justice of J&K high Court serving
between 30 March 1948–2 December 1967.
• The court's seat moves between Srinagar and Jammu, with the Chief Justice and
Administrative Wing moving from May to October to Srinagar and from November to
April to Jammu.
• The court has a sanctioned judge strength of 17, 13 of whom are permanent judges,
and 4 are additional judges.
• Since 27th September 2024, the chief justice of the court is Tashi Rabstan (37th).
• In August 2018, the High Court got its first and second woman judges with Justice
Sindhu Sharma, who was appointed a judge, and Justice Gita Mittal, who was
appointed the chief justice.
• Meher Chand Mahajan was the first person from J&K to be appointed a CJI (3rd).
# Chief Justice Term
1 Kanwar Sain 27 April 1928–16 February 1931
16 February 1931–24 November
2 Birjor Dalal
1936
3 Abdul Qayoom 24 November 1936–20 July 1940

7 Janki Nath Wazir 30 March 1948–2 December 1967

Ramalingam
Acting 16 March 2018 – 31 March 2018
Sudhakar
33 Gita Mittal 11 August 2018 – 8 December 2020

Acting Rajesh Bindal 9 December 2020 – 3 January 2021

Ali Mohammad
35 13 October 2022 – 7 December 2022
Magrey
8 December 2022 - 14 February
Acting Tashi Rabstan
2023
N. Kotiswar
36 15 February 2023 - 17 July 2024
Singh
Acting Tashi Rabstan 18 July 2024 - 26 September 2024
 37 Tashi Rabstan 27 September 2024 - Incumbent

History of J&K High Court

• The present Judicial System prevalent in the UT of Jammu and Kashmir has originated
during the reign of Maharaja Gulab Singh, after he took over the administration of the
State, when State was transferred to him under the Treaty of Amritsar.
• The administration of Justice was entrusted to the executive, the Maharaja being the
Chief Adawlte. He would hear cases of first instance as well as appeals against a
Nazrana of Rupee one.
• During the reign of Maharaja Ranbir Singh Adalat-ul-Saddar (Chief Courts) were
established at Jammu and Srinagar.
• All the important cases came to be decided by these courts.
• The establishment of the chief courts at Srinagar and Jammu were the first step to be
taken in streamlining the administration of justice.
• In 1877, an institution known as Addalat-ul-Aliya (High Court) was established and
its powers were defined. At that time there were 25 courts in the State of which 14 were
Wazarat Courts.
• Maharaja Partap Singh established the State Council and distributed the business of
the State among a fixed number of ministers including an Officer with the designation
of a Judge of the Jammu and Kashmir High Court.
• Judicial Member of the State Council instead of being styled as Judicial Minister
assumed the name of Judge High Court, though for all intents and purposes it meant
as such and enjoyed all the powers of the old council.
• In 1912 Criminal Procedure Code was approved and introduced in the State and the
High Court was statutorily defined as the Highest Court of Criminal Authority.
• In 1920, Maharaja ordered the consolidation of the existing laws and regulations in the
State. An important measure, by virtue of which law and procedure, with regard to the
High Court, was regularized and promulgated by him.
• Subject to the control of judicial powers by the Maharaja, the High Court existing in
the State, was retained as the highest court of the Appeal and Revision. This was done
by Regulation No. XLVI Jammu and Kashmir State Civil Courts Regulations, 1921.
• Thereafter, Maharaja Partap Singh drew a scheme for re-organisation of his
Government, which included the establishment of High Court of judicature.
• The scheme was embodied in the Sri Partap Reforms Regulations, 1922 and the High
Court was vested with Original and Appellate jurisdiction in Civil and Criminal
matters, which the High Court in the State exercised under Sri Partap Consolidation
Regulation and the Code of Civil Procedure along with other laws in force at that time.
• The general superintendence and control over all other Courts in the State was vested
with the High Court.

• Maharaja Hari Singh acceded to the throne in November 1925. He repealed the
Constitutional Provision made by Maharaja Partap Singh, and, by a resolution in the
Council promulgated new constitutional provisions for the Government of the State by
constituting a council consisting of Maharaja and five other members.
• The year 1928 saw an important change in the Constitution of the Department of
Administration of Justice by virtue of order No. 1 of 1928 whereby a full-fledged High
 Court of judicature consisting of Chief Justice and two more judges was established
in the State, one of the Judges being assigned revenue work and styled as Judge of the
High Court-cum Revenue Commissioner.
• By virtue of Order No.2, Maharaja Hari Singh appointed Lala Kanwar Sein, M.A.
Barat-Law, the first Chief Justice of the Court, Rai Bahadur Lala Bodhraj Sawhney
B.A (Cantb) B.C.L. (Oxon) Bat-At-Law and Khan Sahib Agha Sayed Hussain as
Pusine Judges of the High Court.
• This was followed by the Constitution Act of 1996 (BK) of 1939, promulgated by the
ruler and for the first time the Government based on uniform set of laws, was
established.
• Eminent Judges who had worked in other State High Courts were appointed as Chief
Justices.
• Under the Act the Maharaja retained himself the Highest Judicial Authority by
constituting in himself the Highest Court of Appeal and would be advised by Board of
Judicial Advisors consisting of three members in the disposal of Civil and Criminal
Appeals against the decision of the High Court.
• The Board was to perform the same functions in the State as were performed by the
privy Council in British India.
• On 10th September, 1943, Maharaja granted Letters Patent.

• After India won freedom and the State was freed from the yoke of autocratic rule, the
Supreme Court of India’s jurisdiction was extended to the State by the Constitutional
Application Order of 1954.
• For the first time under Article 32 (32-2A) of the Constitution of India, the State High
Court was given powers to issue the Writs for enforcement of the Fundamental Rights,
so far as they are applicable to other States. Thus, the High Court became the protector
of the Fundamental Rights of the Citizens of the State.
• The administration of present judicial system in the State of Jammu and Kashmir started
from the old High Court Building situated at Lal Chowk, Srinagar, opened on the 26th
Sawan 1969 Svt (1911 A.D).
• The High Court of Jammu and Kashmir, Srinagar Wing, was shifted from the ancient
building of Maharaja at Lal Chowk to present building in the year 1987.
• The old High Court building housed Saddar Adalats till September, 2014 when
unfortunately, the valley was hit by devastating floods and the Saddar Courts were
shifted from this historical complex to the make-shift arrangement at Sanatgarh,
Bemina, Srinagar.
• The legendry High Court Judges, who got elevated to the highest Court of the Country,
had worked in this historical building include Hon’ble Mr. Justice Murtaza Fazal Ali,
Hon’ble Mr. Justice Raja Jaswant Singh, Hon’ble Mr. Justice A.S. Anand, Hon’ble Mr.
Justice R.P. Sethi and Hon’ble Mr. Justice T.S. Thakur.
• Jammu and Kashmir State Judicial Academy
• In 2001, the High Court established its regular Judicial Academy via order No. 342,
dated 26 July. Since then, Jammu and Kashmir State Judicial Academy functions
regularly and holds training programmes.
 3. Subordinate Courts
Subordinate Judiciary
• In the judicial organisation of every state, the High Court is the apex body.
• Below the High Court, there are other courts that constitute the subordinate judiciary.
• The jurisdiction and nomenclature of subordinate courts in the various States of the
country are different.
• At present, there are three or more tiers of civil and criminal courts below the High
Court.
• The subordinate courts are so-called because of their subordination to the state high
court.
• Articles 233 -237 of the Indian constitution deal with the subordinate courts.
• In each district of India, there are various types of subordinate or lower courts. They
are:

1. Civil courts,
2. Criminal courts and
3. Revenue courts.
These Courts hear civil cases, criminal cases and revenue cases, respectively.

1. Civil Courts

• Civil cases pertain to disputes between two or more persons regarding property, breach
of agreement or contract, divorce or landlord-tenant disputes.
 • Civil Courts settle these disputes. They do not award any punishment for violation of
law, which is not involved in civil cases.
• The disputes relating to property, succession, ownership and other such rights come
under the jurisdiction of Civil Courts, which dispose of these cases in accordance with
the Civil Procedure Code.
To read more about Civil Courts, check the linked article.

2. Criminal Courts

• Criminal cases are related to the violation of laws.

• These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc.
• These cases are filed in the lower court by the police, on behalf of the state, against
the accused.
• In such cases the accused, if found guilty, is awarded punishment like fine,
imprisonment or even death sentence.
• These cases are disposed of by the Criminal Courts in accordance with the Criminal
Procedure Code and Indian Penal Code.
To read more about Criminal Courts, check the linked article.

3. Revenue Courts

• Revenue courts deal with cases of land revenue in the State.

• The highest revenue court in the district is the Board of Revenue.
• Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant
Tehsildars.
• The Board of Revenue hears the final appeals against all the lower revenue courts under
it.

Structure and Jurisdiction of Subordinate Courts

• The organisational structure, jurisdiction and nomenclature of the subordinate judiciary

are laid down by the states.
• Hence, they differ slightly from state to state.
• Generally, there are three tiers of civil and criminal courts below the high court.
• The district judge is the highest judicial authority in the district. He possesses original
and appellate jurisdiction in both civil and criminal matters. In other words, the district
judge is also the sessions judge.
• When he deals with civil cases, he is known as a district judge and when he deals with
criminal cases, he is known as a sessions judge.
• The sessions judge has the power to impose any sentence, including life imprisonment
and capital punishment (death sentence). However, a capital punishment passed by
him is subject to confirmation by the High Court, whether there is an appeal or not.
• In some states, Panchayat Courts try petty civil and criminal cases. They are variously
known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat
and so on.
 DISTRICT or SESSIONS COURT
The court of the district that deals with civil matters are known as District Court while the
court of the district that deals with criminal matters are known as Sessions Court. District and
Sessions Courts administer justice in India at district level. District Courts have two
jurisdictions- Original and Appellate Jurisdiction. The presiding officers of the District &
Sessions Courts are referred as Judges/Magistrate.
Presiding Officers in Civil matters are referred to as Judge while the Presiding Officers in
Criminal matters are referred to as Magistrate. The power and functions of both Judge and
Magistrate are the same, only the nature of matters they deal with are different.
The district court has appellate jurisdiction over all subordinate courts situated in the
district, both civil or criminal matters.
All the matters of the subordinate courts are to be appealed in the District Court including
matters of civil as well as criminal nature.
There are many secondary courts also at this level, which work under the District Courts.
There is a court of the Civil Judge as well as a court of the Chief Judicial Magistrate. While
the former takes care of the civil cases, the latter looks into criminal cases and offences.

District Courts
• The District Courts of India are established by the State governments in India for every
district or for one or more districts together taking into account the number of cases,
population distribution in the district.
• The decisions of District court are subject to the appellate jurisdiction of the concerned
High court.
• The district courts are entrusted with the Original and Appellate Jurisdictions of the
courts, with regards to Criminal and Civil Cases within one or more districts of the
states.
• These courts are presided over by the district judges. These courts are accountable to
the High Courts of the respective States.
• The judges of the district courts are appointed by the Governor of the respective states,
after consultation with the Chief Justice of the State of High Court.
• The district court is presided over by one District Judge appointed by the state
Government.
• In addition to the district judge there may be number of Additional District Judges and
Assistant District Judges depending on the workload.
• The Additional District Judge and the court presided have equivalent jurisdiction as the
District Judge and his district court.
• The district judge is also called “Metropolitan session judge” when he is presiding over
a district court in a city which is designated “Metropolitan area” by the state
Government.
• The district court has appellate jurisdiction over all subordinate courts situated in the
district on both civil and criminal matters.
• Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court,
Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court).
• Subordinate courts, on the criminal side (in ascending order) are, Second Class
Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial
Magistrate Court.
• In addition ‘Family Courts” are established to deal with matrimonial disputes alone.
• The Principal judge of family court is equivalent to District Judge.

Constitutional Provisions
• Articles 233-237 of the Indian Constitution deal with the provisions related to
subordinate courts.
o Article 233: Deals with the appointment of district judges. Appointments
of persons to be, and the posting and promotion of, district judges in any
State shall be made by the Governor of the State in consultation with the
High Court exercising jurisdiction in relation to such State.
o Article 234: Deals with the recruitment of persons other than district
judges to the judicial service.
o Article 235: Deals with the control over district courts and courts
subordinate thereto including the posting and promotion of, and the grant
of leave to, persons belonging to the judicial service of a State and holding
any post inferior to the post of district judge shall be vested in the High Court
o Article 236: Defines the term "judicial service".
o Article 237: Empowers the Governor to apply the provisions of this Chapter
to any class or classes of magistrates in a State.

Civil Courts
• Civil courts deal with civil cases. Civil law is referred to in almost all cases other than
criminal cases.
• Criminal law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.
• Civil law is applied in disputes when one person sues another person or entity.
Examples of civil cases include divorce, eviction, consumer problems, debt or
bankruptcy, etc.

• Judges in civil courts and criminal courts have different powers. While a judge in a
criminal court can punish the convicted person by sending him/her to jail, a judge in
a civil court can make the guilty pay fines, etc.
• The court of the district judges is the highest civil court in a district. It has both
administrative and judicial powers. The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and Sessions
Judge.
• Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and
Munsif Courts.
 • Most civil cases are filed in the Munsif’s court.

Civil courts have four types of jurisdiction:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate to a
particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond
the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or review a
case that has already been decided by a lower court. The Supreme Court and the High
Courts have appellate jurisdiction to hear cases that were decided by a lower court.
 District Munsiff Court
• District Munsiff Court is the court of the lowest order handling matters pertaining to
civil matters in the district, a legal system followed in the Indian subcontinent.
• Usually, it is controlled by the District Courts of the respective district.
• The District Munsif Court is authorised to try matters pertaining to certain pecuniary
limits.
• The State Government notifies the pecuniary limits for the District Munsiff Courts. It
is under the charge of a munsiff magistrate/judicial collector.
• The appeal against these courts lies before the Subordinate Courts which are one rank
superior to the District Munsiff Courts but are inferior to the District court.
• The State Government prescribes the territorial jurisdiction of the District Munsiff
Court.
• The district is further divided into subdivisions; each subdivision has an in-charge tax
inspector and Registrar magistrate.
• The munsiff magistrate is the judge and presiding officer of the District who keep
charge of all tax inspectors (tehsildars).

Criminal Courts
• Criminal Courts are established to impart justice to people and punish the offenders that
go against the law.
• The hierarchy is established according to the rule book of the Code of Criminal
Procedure, 1973
• Supreme Court is the highest criminal court in India.
• The various classes of criminal courts in India are:

1. Supreme Court
2. High Courts
3. The Courts of Session
4. The Judicial Magistrates of the First Class, and, in any metropolitan area; the
Metropolitan Magistrates.
5. The Judicial Magistrates of the Second Class
6. The Executive Magistrates

• The Sessions Court headed by the Sessions Judge is the highest Criminal Court in the
district.
• As the District Judge also functions as the Sessions Judge, he is known as the District
and Sessions Judge.
• It may pass any sentence authorized by provisions of law, but a death sentence, passed
by it, has to be confirmed by the High Court.

• An Assistant Sessions Judge has the power to sentence a person to 10 years

imprisonment.
• A First Class Magistrate can pass a sentence of imprisonment not exceeding 5 years
or a fine not exceeding one thousand rupees.
• A Second Class Magistrate can pass a sentence of imprisonment up to 1 year or a fine
of up to Rs. 1000/.
What is the difference between civil and criminal court?
Civil Courts in India deal with cases related to disputes between two parties related to the cases
mentioned below.

• Money/Debt
• property
• housing
• Marriage and children – such as divorce, child custody, child support, or guardianship
Criminal courts are established to solve serious crimes such as assault, robbery, murder, arson,
rape and other kinds of crimes.

Lower Courts
• In some states, there are some lower courts (below the district courts) called Munsif’s
courts and small causes courts.
• These courts only have original jurisdiction and can try suits up to a small amount.
Thus, Presidency- Small Causes Courts cannot entertain a suit in which the amount
claimed exceeds Rs. 2,000.
• However, in some States, civil courts have unlimited pecuniary jurisdiction. Judicial
officers in these courts are appointed on the basis of their performance in competitive
examinations held by the various States’ Public Service Commissions.

Village Courts
• Village courts, called Lok Adalat (people’s court) or Nyaya Panchayat (justice of the
villages), compose a system of alternative dispute resolution.
• They were recognized through the 1888 Madras Village Court Act, then developed
(after 1935) in various provinces and (after 1947) Indian states.
• In 1984 the Law Commission recommended to create Nyaya Panchayats in rural areas
with laymen (“having educational attainments”).
• The Gram Nyayalayas Act, 2008 was enacted to provide for the establishment of
Gram Nyayalayas at the grassroots level for the purposes of providing access to justice
to the citizens at their doorsteps and to ensure that opportunities for securing justice are
not denied to any citizen due to social, economic or other disabilities.
• The 2008 Gram Nyayalayas Act have foreseen 5,000 mobile courts in the country for
judging petty civil (property cases) and criminal (up to 2 years of prison) cases.

Historical Background

Features of Gram Nyayalayas Act, 2008

The significant features or provisions of the Gram Nyayalayas Act, 2008 are as follows:

Nyayadhikari

• The State Government shall, in consultation with the High Court, appoint a
Nyayadhikari for every Gram Nyayalaya.
• Qualifications:
 • A person shall not be qualified to be appointed as a Nyayadhikari unless he is
eligible to be appointed as a Judicial Magistrate of the first class.
• While appointing a Nyayadhikari, representation shall be given to the members
of the Scheduled Castes, the Scheduled Tribes, women and such other classes
or communities as may be specified by notification, by the State Government
from time to time.
• The salary and other allowances payable to, and the other terms and conditions of
service of, a Nyayadhikari shall be such as may be applicable to the Judicial Magistrate
of the first class.
• The Nyayadhikari shall not preside over the proceedings of a Gram Nyayalaya in which
he has any interest or is otherwise involved in the subject matter of the dispute or is
related to any party to such proceedings and in such a case, the Nyayadhikari shall refer
the matter to the District Court or the Court of Session, as the case may be, for
transferring it to any other Nyayadhikari.
• Nyayadhikari shall periodically visit the villages falling under his jurisdiction to hold
mobile courts and conduct proceedings in villages.

Jurisdiction of Gram Nyayalayas

• A Gram Nyayalaya can try only certain cases on the criminal and civil sides, as
provided in the Schedules to the Act.
• The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both
Criminal and Civil courts.
• The Gram Nyayalayas shall try criminal cases, civil suits, claims or disputes which
are specified in the First Schedule and the Second Schedule to the Act.

Other important features of the Act

• The proceedings before the Gram Nyayalaya and its judgment shall, as far as
practicable, be in one of the official languages of the State other than the English
language.
• The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian
Evidence Act, 1872 but shall be guided by the principles of natural justice and subject
to any rule made by the High Court.

Lok Adalats
• A Lok Adalat is one of the substitute dispute redressal mechanisms.
• National Legal Services Authority alongside other Legal Services Institutions
conducts Lok Adalats.
• It is a forum where cases or disputes incomplete in the court of law are compromised
cordially.

What is its composition?

• The Lok Adalat is chairman, two members, and one social worker.
• The chairman must be a sitting or retired judicial officer.
• The other two members should be lawyers.
Members

• The individuals determining the cases in the Lok Adalats are called the Members of the
Lok Adalats
• They have the role of statutory intermediaries only
• They do not have any judicial role
Statutory

• Under the Legal Services Authorities Act, 1987 Lok Adalats have been given statutory
status.
Final award

• Under the Legal Services Authorities Act, 1987 the decision made by the Lok Adalats
is considered to be a verdict of a civil court and is ultimate and binding on all parties.
No appeal

• There is no provision for an appeal against the verdict made by Lok Adalat
• If the parties are not satisfied with the award of the Lok Adalat though there is no
provision for an appeal, they are free to initiate litigation.
No fee

• There is no court fee payable when a dispute is filed in a Lok Adalat.

Amicable Resolutions

• The Lok Adalat shall not decide the dispute so mentioned at its own instance, instead
the same would be decided on the basis of the compromise between the parties.
• The members shall assist the parties in a sovereign and impartial manner in their attempt
to reach a cordial settlement of their dispute.

Commercial Courts
• Commercial Courts, Commercial Appellate Divisions as well as Commercial Divisions
in High Courts were constituted under Commercial Courts Act, 2015 throughout India
to specifically deal with matters pertaining to “commercial disputes” of a value more
than Rs.3,00,000, arising out of a wide range of transactions, including export/import,
maritime, franchising, distribution & licensing, consultancy, joint venture, intellectual
property, insurance, investment agreements etc. as specified in the Commercial Courts
Act, 2015.
• The procedure followed by Commercial Courts is different and stricter in some aspects
than the procedure as applicable to adjudication process of other civil disputes in
general.

Tribunals

• Tribunals in India are quasi-judicial bodies that are created to adjudicate specific types
of disputes and matters.
• They have been established to provide specialized and efficient resolution of disputes,
ensuring faster and more accessible justice in certain areas.
 • Special courts or Tribunals also exist for the sake of providing effective and speedy
justice (especially in administrative matters) as well as for specialized expertise
relating to specific kind of disputes.
• These Tribunals have been set up in India to look into various matters of grave
concern.
• The Tribunals do not have to follow any uniform procedure as laid down under the
Civil Procedure Code or the Indian Evidence Act but they have to follow the principles
of Natural Justice.

• The Tribunals that need a special mention are as follows:

• Income Tax Appellate Tribunal

• Central Administrative Tribunal
• Intellectual Property Appellate Tribunal, Chennai
• Railways Claims Tribunal
• Appellate Tribunal for Electricity
• Debts Recovery Tribunal
• Central Excise and Service Tax Appellate Tribunal
• National Company Law Tribunal
• Telecom Disputes Settlement Appellate Tribunal
• Competition Appellate Tribunal
• For instance, the Rent Controller decides rent cases, Family Courts try matrimonial and
child custody cases, Consumer Tribunals try consumer issues, Industrial Tribunals and/or
Courts decide labour disputes, Tax Tribunals try tax issues, etc.
• The National Company Law Tribunal (NCLT) has been established to streamline and
effectuate the liquidation proceedings of companies, dispute resolution and compliance with
certain provisions of the Companies Act, 2013.

Evolution of the Tribunal System

• Before independence, there were various commissions and boards to address specific
issues, but the concept of specialized tribunals was not well-established.
• The Railway Rates Advisory Committee and the Industrial Disputes Committees were
among the early quasi-judicial bodies.
• The establishment of tribunals gained momentum in the post-independence period to
address the growing complexity of legal matters.
• The Income Tax Appellate Tribunal (ITAT) was established in 1941 to deal with appeals in
income tax matters.
• ITAT provides an independent forum for taxpayers to appeal against decisions of the tax
authorities.
• The Central Administrative Tribunal (CAT) was one of the first tribunals in 1985 to
adjudicate service matters related to government employees.
• The Administrative Tribunals Act, of 1985 was enacted to provide for the adjudication of
disputes and complaints related to the recruitment and conditions of service of government
employees.
• The Act led to the creation of the Central Administrative Tribunal (CAT) and State
Administrative Tribunals (SATs).

Constitutional provisions for Tribunals in India

• The constitutional provisions for tribunals in India are primarily derived from Part XIV-A
Articles 323-A and 323-B of the Constitution of India.
• It was incorporated into the Indian Constitution by the 42nd Amendment Act, of 1976.
• These articles empower the Parliament and the State Legislatures to establish
administrative and other tribunals for the adjudication of specific disputes and matters.
• Article 323-A: Administrative Tribunals: Article 323-A empowers the Parliament to
provide, by law, for the establishment of administrative tribunals for the adjudication of
disputes and complaints concerning recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of the Union or any
State or any local or other authority within the territory of India.
• Parliament has the authority to establish administrative tribunals to deal with service-related
matters of government employees.
• The Administrative Tribunals Act, of 1985, was enacted by Parliament to give effect to the
provisions of Article 323-A.
• Article 323-B: Tribunals for Other Matters: Article 323-B empowers both the
Parliament and the State Legislatures to create tribunals for the adjudication of disputes
and matters specified in the Article.
• This includes matters related to tax, foreign exchange, industrial and labor disputes, land
reforms, Ceiling on urban property, Elections to Parliament and state legislatures, Food
stuff, Rent and tenancy rights, and other subjects.
• Parliament and State Legislatures have concurrent powers to establish tribunals for various
matters listed in Article 323-B.
• The provision allows for the creation of tribunals to address the specialized needs of
different subjects.

• Tribunals operate under specific laws related to the subject matter they deal with.

1. National Green Tribunal (NGT):

 • Established: 2010
• Jurisdiction: Environmental matters, including conservation of forests and
other natural resources, and enforcement of environmental laws.
• Powers: Adjudication of civil cases related to environmental protection and
conservation.

2. Central Administrative Tribunal (CAT):

• Established: 1985
• Jurisdiction: Service matters related to the recruitment and conditions of
service of government employees.
• Powers: Adjudication of disputes and complaints related to government
employees.

3. Armed Forces Tribunal (AFT):

• Established: 2009
• Jurisdiction: Matters related to the armed forces, including disputes and
service-related issues of military personnel.
• Powers: Adjudication of cases involving armed forces personnel.

4. Income Tax Appellate Tribunal (ITAT):

• Established: 1941
• Jurisdiction: Income tax matters, including appeals against orders of the
Commissioner of Income Tax.
• Powers: Adjudication of appeals related to income tax disputes.

5. Securities Appellate Tribunal:

• Established: 1992
• Jurisdiction: Matters related to securities and capital markets, including
appeals against decisions of the Securities and Exchange Board of India
(SEBI).
• Powers: Adjudication of disputes in the securities market.

6. Competition Appellate Tribunal (COMPAT) – Repealed:

• Repealed: In 2017, the Competition Appellate Tribunal was dissolved, and its
functions were transferred to the National Company Law Appellate Tribunal
(NCLAT).

7. Telecom Disputes Settlement and Appellate Tribunal (TDSAT):

• Established: 2000
 • Jurisdiction: Matters related to the telecommunications sector, including
disputes and appeals in the telecom industry.
• Powers: Adjudication of disputes in the telecom sector.

8. National Company Law Tribunal (NCLT) and National Company Law Appellate
Tribunal (NCLAT):

• Established: 2016 (NCLT), 2016 (NCLAT)

• Jurisdiction: Corporate and company law matters, including insolvency and
bankruptcy cases.
• Powers: Adjudication of cases related to corporate disputes and insolvency
proceedings.

9. Consumer Disputes Redressal Commissions:

• Established: At the state, district, and national levels

• Jurisdiction: Consumer disputes, including cases related to product defects,
deficiency in services, and unfair trade practices.
• Powers: Adjudication of consumer complaints and appeals.

10. State Administrative Tribunals (SATs):

• Established: In various states

• Jurisdiction: Service matters related to the recruitment and conditions of
service of state government employees.
• Powers: Adjudication of disputes and complaints related to state government
employees.
 Hierarchy of Judges in India

The Indian judiciary is a hierarchical system, with various levels of judges presiding over
different types of cases. The hierarchy of judges in India can be broadly categorized into four
levels: District Judges, High court Judges, Supreme Court Judges, and the Chief Justice
of India.
1. District Judges: District judges are the lowest level of judges in the Indian judiciary, and
are appointed by the state governments. They preside over cases in the district courts,
which are the lowest level of courts in India. District judges handle both civil and criminal
cases, and can impose punishments up to a maximum of 7 years imprisonment.
2. High Court Judges: High court judges are appointed by the President of India, and they
preside over cases in the high courts. The high courts are the second highest level of courts
in India, and are located in each state of the country. High court judges handle appeals
from the lower courts, and also have original jurisdiction in certain types of cases. They
can impose punishments up to a maximum of life imprisonment.
3. Supreme Court Judges: Supreme Court judges are the highest level of judges in India,
and are appointed by the President of India. The Supreme Court is the highest court in the
country, and hears appeals from the high courts as well as original cases. Supreme Court
judges can impose punishments up to a maximum of life imprisonment.
 4. Chief Justice of India: The Chief Justice of India is the highest judicial position in India,
and is appointed by the President of India. The Chief Justice presides over the Supreme
Court, and is responsible for the overall administration of the Indian judiciary.
• The Constitution of India grants power to the President of India to appoint, as
recommended by the outgoing chief justice in consultation with other judges, (as
envisaged in Article 124 (2) of the Constitution) the next Chief Justice, who will
serve until they reach the age of 65 or are removed by the constitutional process
of impeachment.
• As per convention, the successor suggested by the incumbent chief justice is most
often the next most senior judge of the Supreme Court.
• However, this convention has been broken twice. In 1973, Justice A. N. Ray was
appointed, superseding three senior judges, and in 1977 when Justice Mirza
Hameedullah Beg was appointed as Chief Justice, superseding Justice Hans Raj
Khanna.
• Yeshwant Vishnu Chandrachud, the 16th chief justice, is the longest-serving
chief justice, serving over 7 years (February 1978 – July 1985), while Kamal
Narain Singh, the 22nd chief justice, is the shortest-serving, for 17 days in 1991.
• As of 2024, there has been no woman who has served as chief justice of India.
• The current and 51st Chief Justice is Justice Sanjiv Khanna, who entered office
on 11 November 2024.
• He will have a term of 6 months which is due to end on 13 May 2025.
• Last 6 Chief Justices of India in Chronological order: CJI Ranjan Gogoi, CJI SA
Bobde, CJI NV Ramanna, UU Lalit, DY Chandrachud, Sanjiv Khanna.
In addition to these four levels, there are also specialized courts in India, such as family
courts, consumer courts, and labor courts, which are presided over by judges with specific
expertise in those areas.

Alternate Dispute Resolution

• An interesting feature of the Indian legal system is the existence of voluntary agencies
called Lok Adalats (Peoples’ Courts).
• These forums resolve disputes through methods like Conciliation and Negotiations
and are governed by the Legal Services Authorities Act, 1987.
• Every award of Lok Adalats shall be deemed to be a decree of a civil court and shall
be binding on the parties to the dispute.
• The ADR mechanism has also proven to be one of the most efficacious mechanisms to
resolve commercial disputes of an international nature.
• In India, laws relating to resolution of disputes have been amended from time to time
to facilitate speedy dispute resolution in sync with the changing times. The Judiciary
has also encouraged out-of-court settlements to alleviate the increasing backlog of
cases pending in the courts.
• To effectively implement the ADR mechanism, organizations like the Indian Council
of Arbitration (ICA) and the International Centre for Alternate Dispute Resolution
(ICADR) were established.
• The ICADR is an autonomous organisation, working under the aegis of the Ministry
of Law & Justice, Government of India, with its headquarters at New Delhi, to
promote and develop ADR facilities and techniques in India.
 • ICA was established in 1965 and is the apex arbitral organisation at the national level.
The main objective of the ICA is to promote amicable and quick settlement of
industrial and trade disputes by arbitration. Moreover, the Arbitration Act, 1940 was
also repealed and a new and effective arbitration system was introduced by the
enactment of the Arbitration and Conciliation Act, 1996. This law is based on the
United Nations Commission on International Trade Law (UNCITRAL) model of
the International Commercial Arbitration Council.
• In 2015, the Arbitration and Conciliation Act, 1996 was amended to bring robust
changes more particularly, structuring a model fee schedule of arbitrators, restricting
interference by Courts in arbitration cases, restricting time schedule for completion of
arbitral proceedings, provision for “Fast Track” proceedings for completion of
proceedings within 6 months.
• In 2019, few more amendments were introduced in the Arbitration and Conciliation
Act, 1996, most significantly, introduction of Arbitration Council of India for framing
policies for governing the grading of arbitrators, accreditation of arbitrators, making
recommendations to the Government of India on various aspects.
• Section 89 of the Code of Civil Procedure, as amended in 2002, has introduced
conciliation, mediation and pre-trial settlement methodologies for effective resolution
of disputes. Mediation, conciliation, negotiation, mini trial, Lok Adalats and Banking
Ombudsman have already been accepted and recognized as effective alternative
dispute-resolution methodologies.

A brief description of few widely used ADR procedures is as follows:

1. Negotiation: A non-binding procedure in which discussions between the parties are
initiated without the intervention of any third party, with the object of arriving at a
negotiated settlement of the dispute.
2. Conciliation: In this case, parties submit to the advice of a conciliator, who talks to
the each of them separately and tries to resolve their disputes. Conciliation is a non-
binding procedure in which the conciliator assists the parties to a dispute to arrive at a
mutually satisfactory and agreed settlement of the dispute.
3. Mediation: A non-binding procedure in which an impartial third party known as a
mediator tries to facilitate the resolution process but he cannot impose the resolution, and
the parties are free to decide according to their convenience and terms.
4. Arbitration: It is a method of resolution of disputes outside the court, wherein the
parties refer the dispute to one or more persons appointed as an arbitrator(s) who
reviews the case and imposes a decision that is legally binding on both parties. Usually,
the arbitration clauses are mentioned in commercial agreements wherein the parties agree
to resort to an arbitration process in case of disputes that may arise in future regarding the
contract terms and conditions.

E-Courts Mission Mode Project

• The E-courts project was established in the year 2005.
• According to the project, all the courts including taluk courts will get computerised.
• As per the project in 2008, all the District courts were initialised under the project. In
2010, all the District court were computerised.
 • The project also includes producing witnesses through video conferencing. Filing cases,
proceedings, and all other details will be in computers.
• Each district court contains 1 system officer and 2 system assistants. This technical
manpower is involved in training the staff, updating web sites.

Fast Track Courts

• Most recently, in 2019, the government approved a plan to establish 1,023 fast-track
special courts (FTSCs) around the nation for the quick resolution of pending rape
cases under the Indian Penal Code (IPC) and offences under the POCSO Act.
• In order to handle just these matters, the SC further ordered in July 2019 that a centrally
funded court be established in each district where more than 100 FIRs have been
registered under the POCSO Act.
• FTSCs are intended to ensure the prompt delivery of justice.
• They hold trials quickly and have a higher clearing rate than conventional courts.
• Also, it improves the system for deterring sexual offenders.
• The 11th Finance Commission’s proposals led to the creation of fast-track courts. To clear
the backlog of cases, the 11th FC recommended the establishment of 1,734 such courts.

Special Courts in India

• Special Courts were designed to resolve matters that had been open for a while swiftly.
• The State governments have the same authority to name qualified judicial personnel
to such Courts, in cooperation with High Courts, much like statutes that require such
courts to hear specific offences.
• Nowadays, the nation has more than 25 Special Courts that were established by various
statutes. Below, a handful of them is discussed along with their effects:

Courts for the 2013 Company Act

• These judiciary systems, which were established under Section 435 of the Act,
have the authority to try every offence listed there.
• The High Court in question may hear appeals from this court.
• It is made up of a single Judge who is selected by the Central Government with
the approval of the Chief Justice of the HC, whose district the proposed judge
will be serving.
• Since the outset, business conflicts have been a major issue, and the creation of
these Courts has proven to be a turning point for the judiciary by greatly relieving
the heavy caseload associated with them.

Courts for MPs and MLA

• To expedite the lengthy pending trials of legislators, the SC ordered that special
courts be established across the nation in 2017.
• Following this, 12 specialized judiciary systems were established across 11 States
with the exclusive purpose of trying current MPs and MLAs.
 • If these Extraordinary judiciary systems deprive the accused of their right to an
appeal rung, the Supreme Court will look into it. Some of these cases can be tried
by magistrates, according to the argument.
• In the normal course of events, an accused person who was unsuccessful before
the Magistrate could appeal the ruling to the Sessions Court.
• In such circumstances, the Sessions Court serves as the first appellate court, the
High Court as the second, and the Magistrate serves as the trial judge.
• If an MLA or MP’s case that can be heard by a magistrate is brought straight
before a special court, the accused loses both the right to present their case in
front of a magistrate and the right to file their first appeal with a Sessions Court.

Courts for POCSO

• The National Commission for the Protection of Child Rights (NCPCR), which is
tasked with overseeing the application of the Protection of Children from Sexual
Offenses (POCSO) Act, has been deemed by the Supreme Court to be lacking in
information regarding POCSO cases across the nation.
• The Supreme Court has ordered the Center to establish specialized courts to
handle matters involving POCSO (Protection of Children from Sexual Offenses).
• In each district across the nation where there were more than 100 instances of
child abuse and sexual assault for trial under the Protection of Children from
Sexual Offenses (POCSO) Act, special courts will be established as part of a
central system (totally funded by the Center).
• To handle POCSO cases, the Center would need to designate qualified, sensitive
prosecutors and support staff (deals with crime against minors).
• States are also required by the Supreme Court to make sure that the Forensic
Sciences Laboratories (FSL) release test results in POCSO cases without delay.

Family courts

• An exclusive court called a family court hears cases involving family connections
and the law. The family court combines several other types of courts that deal
with particular family issues, such as children’s courts and orphans’ courts.
• Compared to civil or criminal courts, family court has less stringent procedures.
Intake procedures in the family court look at potential cases and weed out those
that don’t need judicial attention.
• Special statutes governing guardianship, child neglect, juvenile delinquency,
paternity, support, and family offences define the types of cases that family courts
can handle.
• A special procedure for family law disputes was included in the Code of Civil
Procedure in a 1976 revision.
• The new law’s objectives were not met, nonetheless, as many courts handled
family law issues similar to other civil proceedings.
• Several NGOs, women’s groups, and private citizens urged the government to set
up special tribunals to hasten the settlement of family-related disputes. As a
result, the Family Courts Act was adopted in 1984.

CBI Courts
 • These courts handle cases investigated by the Central Bureau of Investigation
(CBI), particularly those involving corruption, economic offenses, and other
high-profile cases.
• Legal Basis: CBI Courts are established under the Delhi Special Police
Establishment Act.

National Company Law Tribunal (NCLT) and Appellate Tribunal (NCLAT)

• NCLT adjudicates issues related to Indian companies, including insolvency and

bankruptcy cases. NCLAT hears appeals against the decisions of NCLT.
• Legal Basis: These tribunals were established under the Companies Act, 2013.

Debt Recovery Tribunals (DRTs) and Appellate Tribunals (DRATs)

• DRTs focus on cases involving the recovery of debts owed to banks and financial
institutions. DRATs hear appeals against the orders of DRTs.
• Legal Basis: Established under the Recovery of Debts Due to Banks and
Financial Institutions Act, 1993.

Special Courts for Terrorist and Disruptive Activities

• These courts specifically handle cases involving terrorist activities and acts
disrupting the sovereignty and integrity of India.
• Legal Basis: Established under laws like the Terrorist and Disruptive Activities
(Prevention) Act (TADA) and the Unlawful Activities (Prevention) Act (UAPA).

National Green Tribunal (NGT)

• NGT specializes in cases involving environmental protection and conservation

of forests and other natural resources. It provides a speedy disposal of
environmental cases.
• Legal Basis: Formed under the National Green Tribunal Act, 2010.

Special Courts for Money Laundering Cases

• These courts deal with cases involving money laundering and other financial
crimes.
• Legal Basis: Established under the Prevention of Money Laundering Act
(PMLA).

Special Courts for Scheduled Castes and Tribes (Prevention of Atrocities) Act

• To expedite cases related to atrocities against members of Scheduled Castes and

Scheduled Tribes.
• Legal Basis: These courts are established under the SC/ST (Prevention of
Atrocities) Act, 1989.
 National Judicial Council & Second ARC
Recommendations
• The National Judicial Council is one of the very important topics in understanding the
appointment of the Supreme Court judges and the judicial system.
• The ARC had recommended the formation of a National Judicial Council (NJC), but
this was not implemented.

Administrative Reforms Commission (ARC)

• The Administrative Reforms Commission (ARC) is the committee appointed by the
Government of India for giving recommendations for reviewing the public
administration system of India.

First ARC
• Established in 1966, the First Administrative Reforms Commission was constituted by
the Ministry of Home Affairs.

Second ARC
• The Second Administrative Reforms Commission (Second ARC) was constituted on
31 August 2005, as a Commission of Inquiry, under the Chairmanship of Veerappa
Moily for preparing a detailed blueprint for revamping the public administrative
system.

National Judicial Council (NJC)

• As per the Second ARC recommendations, the National Judicial Council should be
authorised to lay down the code of conduct for judges, including the subordinate
judiciary.
• The proposed council should be entrusted with the task of recommending
appointments of Supreme Court and High Court Judges.
• NJC should also be entrusted with the task of oversight of the Judges and should be
empowered to inquire into alleged misconduct and impose minor penalties along with
the power to remove the judge if warranted.
• The President should have the powers to remove a Supreme Court or High Court Judge.
• Note: In case this recommendation of the Second ARC is carried through, Articles 214
and 217 of the Constitution will need to be amended.
• It may be recalled that in 2003, the Government of India had introduced in the Lok
Sabha the Constitution (Ninety-eighth Amendment) Bill which sought to create a
National Judicial Commission (NJC) headed by the Chief Justice of India, two judges
of the Supreme Court next to the CJI in seniority, the Union Minister for Law and
Justice, and one eminent citizen to be nominated by the President in consultation with
the Prime Minister, as members.
• The Bill had also proposed to empower the NJC to draw up a code of ethics for judges
and to inquire into cases of misconduct of a judge (other than those punishable with
his/her removal). The bill could not be passed.

Composition of National Judicial Council

The Second Administrative Reforms Commission (Second ARC) recommended that the
appointment of judges to higher courts should be through the participation of the executive,
legislature and the Chief Justice. It should be a process above day-to-day politics. The council
should have the following composition:

• The Vice President as Chairperson of the Council

• The Prime Minister
• The Speaker of the Lok Sabha
• The Chief Justice of India
• The Law Minister
• The Leader of the Opposition in the Lok Sabha
• The Leader of the Opposition in the Rajya Sabha
Further, in matters relating to the appointment and oversight of High Court Judges, the council
should include the following members:

• The Chief Minister of the concerned state

• The Chief Justice of the concerned High Court

Judicial Overreach
• Judicial overreach is a term commonly used when the judiciary seems to have
overstepped its mandate.
• There is a thin line dividing judicial activism and judicial overreach.
• While the former implies the use of judicial power to articulate and enforce what is
beneficial for society in general, the latter is when judicial activism crosses its limit.
• Judicial overreach is when the judiciary starts interfering with the proper functioning
of the legislative or executive organs of the government, i.e., the judiciary crosses its
own function and enter the executive and legislative functions.
• Judicial overreach is considered undesirable in a democracy.
• It also goes against the principle of separation of powers.
• In defence of judicial overreach, the judiciary has always maintained that it stepped in
only when there were cases of executive and legislative underreach.

Examples of Judicial Overreach

Although it is a matter of perception as to when there has been a judicial overreach, there are
some examples that are cited generally to showcase overreach by the judiciary. A common
example is misusing the power to punish for contempt of court.
1. Imposition of Patriotism in National Anthem Case.
2. Ban of Firecrackers
3. NJAC bill and the 99th constitutional amendment
4. Allahabad High Court Order
5. Proactive Censorship in case of Jolly LLB 2 (Movie)
6. The cancellation of telecom licenses in the 2G case

Judicial Review
• Judicial Review refers to the power of the Judiciary to review and determine the
validity of a Law or an Order.
• Judicial review is defined as the doctrine under which executive and legislative actions
are reviewed by the judiciary.
 • Even though we have in India the principle of separation of powers of the three arms
of the State, namely, the executive, the legislative and the judiciary, the judiciary is
vested with the power of review over actions of the other two arms.

1. Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj
Narain Case).
2. According to Article 13(2), the Union or the States shall not make any law that takes
away or abridges any of the fundamental rights, and any law made in contravention of
the aforementioned mandate shall, to the extent of the contravention, be void.
3. Judicial review is the power of the courts to consider the constitutionality of acts of
organs of Government and declare it unconstitutional if it violates or is inconsistent
with the basic principles of the Constitution.
4. This means that the power of the legislature to make laws is not absolute and that the
validity and constitutionality of such laws are subject to review by the courts.
5. Judicial review is also called the interpretational and observer roles of the Indian
judiciary.
6. Judicial review is called upon to ensure and protect Fundamental Rights which are
guaranteed in Part III of the Constitution.
7. The power of the Supreme Court of India to enforce these Rights is derived from Article
32 of the Constitution. This provides citizens the right to directly approach the SC to
seek remedies against the violation of Fundamental Rights.
8. The Indian Constitution adopted the Judicial Review on lines of the American
Constitution.
9. Suo Moto cases and the Public Interest Litigation (PIL), with the discontinuation of
the principle of Locus Standi, have allowed the judiciary to intervene in many public
issues, even when there is no complaint from the aggrieved party.

Judicial Review Classification

We can classify judicial review into three categories. They are:

1. Reviews of Legislative Actions: This review implies the power to ensure that laws
passed by the legislature are in compliance with the provisions of the Constitution.
2. Review of Administrative Actions: This is a tool for enforcing constitutional
discipline over administrative agencies while exercising their powers.
3. Review of Judicial Decisions: This is seen in the Golaknath case, bank nationalisation
case, Minerva Mills case, privy purse abolition case, etc.

Example of Judicial Review: IT Act Section 66(A)

Judicial Activism
• The judiciary plays an important role in upholding and promoting the rights of citizens
in a country.
• The active role of the judiciary in upholding the rights of citizens and preserving the
constitutional and legal system of the country is known as judicial activism.
• The Black’s Law Dictionary defines judicial activism as “judicial philosophy which
motivates judges to depart from the traditional precedents in favour of progressive and
new social policies.”

Judicial Activism Methods

There are various methods of judicial activism that are followed in India. They are:

• Judicial review (power of the judiciary to interpret the constitution and to declare any
such law or order of the legislature and executive void, if it finds them in conflict with
the Constitution)
• PIL (The person filing the petition must not have any personal interest in the litigation,
this petition is accepted by the court only if there is an interest of large public involved;
the aggrieved party does not file the petition).
• Constitutional interpretation
• Access of international statute for ensuring constitutional rights
• Supervisory power of the higher courts on the lower courts

Public Interest Litigation (PIL) in India

• A Public Interest Litigation (PIL) is introduced in a court of law not by the aggrieved
party but by a private party or by the court itself.

• PILs have become a potent tool for enforcing the legal obligation of the executive and
the legislature.
• The chief objective behind PILs is ensuring justice to all and promoting the welfare
of the people.
• It is generally used to safeguard group interests and not individual interests, for which
Fundamental Rights have been provided.
• The Supreme Court of India and the High Courts have the right to issue PILs.
• The concept of PILs stems from the power of judicial review.
• The concept of PILs has diluted the principle of locus standi, which implies that only
the person/party whose rights have been infringed upon can file petitions.
• It has most ideally and commonly been used to challenge the decisions of public
authorities by judicial review, to review the lawfulness of a decision or action, or a
failure to act, by a public body.
• PILs have played an important role in India’s polity. They have been responsible for
some landmark judgements in India such as the banning of instant triple talaq, opening
up the doors of the Sabarimala and the Haji Ali shrines to women, legalised
consensual homosexual relations, legalised passive euthanasia, and so on.

Procedure to File PIL in India

• Any Indian citizen or organisation can move the court for a public interest/cause by
filing a petition:

1. In the SC under Article 32

2. In the High Courts under Article 226
• The court can treat a letter as a writ petition and take action on it.
• The court has to be satisfied that the writ petition complies with the following: the letter
is addressed by the aggrieved person or a public-spirited individual or a social action
group for the enforcement of legal or constitutional rights to any person who, upon
poverty or disability, are not able to approach the court for redress.
• The court can also take action based on newspaper reports if it is satisfied with the case.

Judicial Doctrine
• A doctrine is a principle, belief, or position, often held by authorities such as courts.
• A doctrine can be a rule, a theory or a tenet of law. There are many judicial doctrines
applied under the Constitution of India.

1. Doctrine of Basic Structure

• The Basic Structure Doctrine basically contends that the basic structure of the Indian
Constitution cannot be abrogated even by a constitutional amendment. It follows that
the Parliament cannot enact a law that would alter the basic structure of the
Constitution. This doctrine is not mentioned in the Constitution itself and has evolved
over time and many Supreme Court judgements.

2. Doctrine of Pith and Substance

• The Doctrine of Pith and Substance holds that the union and the state legislatures
should not encroach upon each other’s spheres.
• This doctrine helps in examining the true nature of a legislation and deciding which list
it belongs to, central or state.

3. Doctrine of Severability
• The Doctrine of Severability or Separability is a doctrine that protects the fundamental
rights enshrined in the Indian Constitution.
• It derives its validity from Article 13 and states that all laws that were enforced in
India before the commencement of the Constitution, inconsistent with the provisions
of fundamental rights shall to the extent of that inconsistency be void.

4. Doctrine of Eclipse
• This doctrine states that any law that violates fundamental rights is not null or void
ab initio, but is only non-enforceable, i.e., it is not dead but inactive.

5. Doctrine of Laches
• This doctrine states that the court will only assist those people who are vigilant about
their rights and not those who are not.
• The underlying principle is that the court should not examine stale cases, because the
court is to help an individual or party that is vigilant and not indolent.

6. Doctrine of Territorial Nexus

• According to the Doctrine of Territorial Nexus, laws made by a state legislature are
not applicable outside that state, except when there is a sufficient nexus between the
state and the object.
• This doctrine derives its authority from Article 245 of the Indian Constitution.
• The doctrine states that in order for a state law to have an extraterritorial operation,
there must be a nexus between the object and the State.
• Hence, to invoke the doctrine of territorial nexus, it must be clear that the object is
located outside the State’s territorial limits, however, it ought to have a territorial
connection with the State.
 7. Doctrine of Casus Omissus

• A “Statute” is the will of the sovereign legislature according to which the governments
function.
• The executive must Act and the judiciary in the course of administration of justice must
apply the law as laid down by the said legislative will.
• Very often occasions will arise where the courts will be called upon to interpret the
words, phrases and expressions used in the statute. In the course of such interpretation,
the courts have, over the centuries, laid down certain guidelines which have come to be
known as “Rules of Interpretation of Statutes”.
Interpretation and construction

• Interpretation is the method by which the true sense or the meaning of the word is
understood.
• According to Cooley, “interpretation differs from construction in that the former is the
art of finding out the true sense of any form of words; construction, on the other hand,
is the drawing of conclusions respecting the subjects that are beyond the direct
expression of the text”.
• The term ‘construction’ has been explained in CWT vs. Hashmatunnisa Begum to
mean that something more is being got out in the elucidation of the subject matter
than can be got by the strict interpretation of the words used. Judges have set
themselves in this branch of the law to try to frame the law as they would like to have
it.
Meaning

• The term ‘omissus’ means “cases of omission”.

• Omission in a statute cannot be supplied by construction.
• A matter which should have been provided in a statute cannot be supplied by the courts.
• A casus omissus cannot be supplied by courts by judicial interpretative process except
in the case of clear necessity and when the reason for it’s found in the four corners of
the statute itself.
• The first and primary rule of the construction is that the intention of the legislature must
be found in the word used by the legislature itself.
Inference

• There is no scope for importing into the statute words which are not there. Such
importation would be, not to construe, but to amend the statute. Even if there be a casus
omissus, the defect can be remedied only by legislation and not by judicial
interpretation.
• It is certainly not the duty of the court to stretch the words used by the legislature to fill
the gaps or omissions in the provisions of an Act, as given in Hiradevi v District Board.

8. Doctrine of Promissory Estoppel

• Promissory estoppel is a legal principle that prevents a person from going back on a
promise that they made, even if the promise was not supported by a contract.
• This doctrine was in the news owing to the SC rejecting a petition challenging the Delhi
High Court’s verdict on the Agnipath Scheme.

Jammu and Kashmir Legal Services Authority

 • To achieve the objectives of the Constitution of India, in 1987, a board
called J&K State Legal Aid and Advice Board was established for
providing free legal services to the weaker sections of the community.
• In 1997, The J&K State Legal Aid and Advice Board was repealed by
Jammu and Kashmir State Legal Services Authority Act 1997, which
provided for establishment of State Legal Services Authority, High Court
Legal Services Committee, District Legal Services Authorities and Tehsil
Legal Services Committees to provide free and competent legal services to
the weaker section of the society and to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or
other disabilities, and to organise Lok Adalats to ensure that the operation
of the Legal System promotes justice on the basis of equal opportunities.
• By virtue of the &K Re-organization Act 2019, J&K State Legal Services
Authority Act 1997 was repealed and the Legal Services Authority Act
1987 (Central Act) came into force in the UT's of J&K and Ladakh.
• The UT of J&K has constituted the State Legal Services Authority vide
notification dated 2nd of December 2019.ss

Bharatiya Nyaya Sanhita

• The Bharatiya Nyaya Sanhita (BNS) is the official criminal code in India.
• It came into effect on 1 July, 2024 after being passed by the parliament in December
2023 to replace the Indian Penal Code (IPC).
• On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya
Nyaya Sanhita Bill, 2023 in the Lok Sabha.
• On 20 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was passed in
Lok Sabha.
• On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in
Rajya Sabha.
• On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the
assent of the President of India.

Changes
In the BNS, 20 new offences have been added to and 19 provisions in the repealed IPC have
been dropped. The punishment of imprisonment has been increased for 33 offences, and fines
have been increased for 83 offences. A mandatory minimum punishment has been introduced
for 23 offences. A sentence of community service has been introduced for six offences.[4]

• Offences against the body: The BNS retains the provisions of the IPC on murder,
abetment of suicide, assault and causing grievous hurt. It adds new offences such
as organised crime, terrorism, and murder or grievous hurt by a group on
certain grounds.
• Sexual offences against women: The BNS retains the provisions of the IPC on
rape, voyeurism, stalking and insulting the modesty of a woman. It increases the
 threshold for the victim to be classified as an adult, in the case of gang rape, from
16 to 18 years of age.
• Offences against property: The BNS retains the provisions of the IPC on theft,
robbery, burglary and cheating. It adds new offences such as cybercrime and
financial fraud.
• Offences against the state: The BNS removes sedition as an offence. Instead,
there is a new offence for acts endangering India's sovereignty, unity and
integrity.
• Offences against the public: The BNS adds new offences such as environmental
pollution and human trafficking.
• The BNS comprises 20 chapters and 358 sections.

Bharatiya Sakshya Adhiniyam

• The Bharatiya Sakshya Adhiniyam, 2023 ( 'Indian Evidence Act') is an Act of
the Parliament of India.
• On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the
Bharatiya Sakshya Bill, 2023 in Lok Sabha.
• On 25 December 2023, the Bharatiya Sakshya (Second) bill, 2023 received the
assent of the President of India.
• The Adhiniyam consists of 170 sections as opposed to the 167 sections in the
previous Indian Evidence Act.
Bharatiya Nagarik Suraksha Sanhita
• The Bharatiya Nagarik Suraksha Sanhita (BNSS) (Indian Citizen Safety Code),
is the main legislation on procedure for administration of substantive criminal
law in India.
• On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was
introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha.
• On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill,
2023 has received the assent of the President of India.
• The BNSS comprises 39 chapters and 531 sections.

• Amit Shah launches e-Sakshya, Nyaya Setu, Nyaya Shruti and e-Summon
App for the three new criminal laws.
 Judiciary in Indian Constitution
Union Judiciary
• Article 124- Establishment and Constitution of Supreme Court
(1) There shall be a Supreme Court of India consisting of a Chief Justice
of India and, until Parliament by law prescribes a larger number, of not
more than seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President
by warrant under his hand and seal after consultation with such of the
Judges of the Supreme Court and of the High Courts in the States as
the President may deem necessary for the purpose and shall hold
office until he attains the age of sixty-five years:
(3) A person shall not be qualified for appointment as a Judge of the
Supreme Court unless he is a citizen of India and –
• has been for at least five years a Judge of a High Court or of
two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court
or of two or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
(4) A Judge of the Supreme Court shall not be removed from his office
except by an order of the President passed after an address by each
House of Parliament supported by a majority of the total membership
of that House and by a majority of not less than two-thirds of the
members of that House present and voting has been presented to the
President in the same session for such removal on the ground of proved
misbehavior or incapacity.
(5) Every person appointed to be a Judge of the Supreme Court shall,
before he enters upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath
or affirmation according to the form set out for the purpose in the
Third Schedule.
(6) No person who has held office as a Judge of the Supreme Court shall
plead or act in any court of before any authority within the territory of
India.
• Article 125: Salaries, etc., of Judges
(1) There shall be paid to the Judges of the Supreme Court such salaries
as may be determined by Parliament by law and, until provision in that
behalf is so made, such salaries as are specified in the Second
Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to
such rights
• Article 126: Appointment of acting Chief Justice
• Article 127: Appointment of ad hoc Judges
• Article 129: Supreme Court to be a court of record
• Article 130: Seat of Supreme Court: The Supreme Court shall sit in Delhi or in
such other place or places, as the Chief Justice of India may, with the approval of the
President, from time to time, appoint.
• Article 131: Original jurisdiction of the Supreme Court
• Subject to the provisions of this Constitution, the Supreme Court shall, to the
exclusion of any other court, have original jurisdiction in any dispute –
• between the Government of India and one or more States; or
(b) between the Government of India and any State of States
on one side and one or more other States on the other; or
(c) between two or more States.
• Article 131A: Executive jurisdiction of the Supreme Court regarding
questions as to the constitutional validity of Central laws
{…} —Repealed.
• Article 132: Appellate jurisdiction of Supreme Court in appeals from the High
Court in certain cases
• Article 133: Appellate jurisdiction of Supreme Court in appeals from High
Courts in regard to civil matters
• Article 134: Appellate jurisdiction of Supreme Court in regard to criminal
matters
• Article 140: Ancillary powers of Supreme Court
• Article 141: Law declared by Supreme Court to be binding on all courts
• Article 143: Power of President to consult Supreme Court
• Article 145: Rules of Court, etc.

High Courts in Indian Constitution

• Article 214 states that there shall be a High Court for each State.
• Article 215- High Courts to be courts of record
• Article 216- Constitution of High Courts Every High Court shall consist of a
Chief Justice and such other Judges as the President may from time to time
deem fit and necessary to appoint.
• Article 217- Appointment and conditions of the office of a Judge of a High Court
• Every Judge of a High Court is appointed by the President. An appointment
is done by warrant under his hand and seal.
• The Chief Justice of the High Court is appointed by the president after
consultation with-
(1) Chief Justice of India, and
(2) Governor of the state concerned
• Judges other than the Chief Justice of the High court are also appointed by
the President after consultation with-
 (1) Chief Justice of India
(2) Chief Justice of the concerned High Court
(3) Governor of the concerned state.

• Tenure of Judges
• Constitution has not fixed any tenure for the judges of the high court but
has made the following provisions in this regard-
(1) Shall hold office until the age of 62 Years.
(2) In case, any judge wants to resign from their post, the resignation will
be presented to the President of India.
(3) President is empowered to remove a judge of the High court same as
the manner provided in clause (4) of Article 124 for the removal of a
Judge of the Supreme Court. Such a recommendation of removal is
made by Parliament.

• Removal of Judges
• President is authorized to issue removal orders only after an address is
presented to him by the parliament. Such an order must be passed by the
parliament in the same parliamentary session.
• The address must be supported by a special majority.
(1) Special Majority- the majority of the total membership of the house
and not less than two-thirds of members present and voting.
(2) The ground of removal should be the same as the Supreme Court that
is, proved misbehavior and incapacity.
• The manner of removal should also be the same as the judges of the Supreme
Court.

• THE PROCESS OF REMOVAL IS AS FOLLOWS

• The removal motion must be signed by 100 members in the case of Lok
Sabha and by 50 Members in the case of Rajya Sabha.
• The must be presented to the Chairman/Speaker. They can admit the motion
or can refuse to admit it.
• In case of admittance of the motion, a 3-member committee is constituted by
Chairman/Speaker to investigate the charges.
• If the committee finds him guilty, the house can take up consideration of the
motion.
• The motion must be passed by each house of the parliament with a special
majority.
• Then, the address is presented to the president for the removal and the
president passes an order removing the judges.

• Qualification of Judges of a High Court

a) The person must be a citizen of India
 (2) b). 1) He should for at least ten years held a judicial office in the
territory of India; or
2) For at least ten years been an advocate of a High Court or high
court in succession.
• Note- It is clear from the above statements that, the constitution has not
prescribed any minimum age for an appointment.
• Article 219- Oath or affirmation by Judges of High Courts A person
appointed as a Judge of a High Court shall, before entering upon his office,
make and subscribe oath or affirmation before the Governor of the State, or
some person appointed by him in this regard.
• Article 220- Restriction on practice after being a permanent Judge
• Article 221- Salaries, etc., of Judges
• Article 222- Transfer of a Judge from one High Court to another
• Article 223- Appointment of acting Chief Justice
• Article 225- Jurisdiction and power of the High Court
• It is the highest court of appeal bestowed with the power to interpret the
constitution. At present high court enjoys the following jurisdiction and
powers-
(1) Original Jurisdiction
(2) Writ
(3) Appellate
(4) Supervisory
(5) Control over subordinate courts
(6) A court of record
(7) Power of Judicial Review
• The high court has the power to hear the dispute in the first instance i.e, it has
the original jurisdiction. That contains the matter related to contempt of court,
the election of the member of parliament and state legislature, revenue
matters, enforcement of fundamental rights, etc.
• Article 226- Power of High Courts to issue certain writs
• It is empowered to issue writs including habeas corpus, certiorari, mandamus,
prohibition, and quo warranto for the enforcement of fundamental rights and
for any other purpose i.e, for enforcement of ordinary legal rights as well.
• The writ can be issued not within the territorial jurisdiction but also outside
the territorial jurisdiction if the matter arises in the territorial jurisdiction. It
can be issued to any person, authority, or government.
• Article 231- Establishment of a common high court for two or more states
• The Parliament is authorized to establish a common high court for two or
more States.
 WRITS
• Writs are constitutional remedies designed to look after the violation of fundamental
rights enshrined in part III of the constitution.
• It is a written order in the forms mentioned in the constitution.
• It is an order to do a particular thing or stop from doing it.
• It can be issued by the Supreme Court under Article 32 and under 226 by the High
Court.
• It can be in the form of orders, warrants, directions, summons, etc.
• The aggrieved person applies for issuance of a writ through presenting a writ petition
before the competent authority.
• Dr. B.R. Ambedkar remarked Article 32 as the heart and soul of the constitution.

TYPES OF WRITS
1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Quo Warranto
5. Prohibition

1. HABEAS CORPUS
• The literal meaning of Habeas Corpus is “to have the body”.
• The objective of this writ is to remove a person from unlawful detention or custody.
• The court orders that person before it to inquire into the legitimacy of the detention.
• The competent court orders the release of the person in custody if it finds it arbitrary.
• The cardinal principle of this writ is the right to freedom.
• The writ cannot be invoked if the order to arrest the person from competent authority
seems under jurisdiction and prima facie legal.
• The writ can be issued against public authorities and individuals.
• The writ of Habeas Corpus can be filed by the detained person, his family or friends.
• Conditions: There are three major conditions upon which this writ can be issued:The
detained person is not presented before the magistrate within 24 hours of the arrest.
• The arrest was made under an unconstitutional law.
• The person was arrested without any violation of the law.

2. MANDAMUS
• The literal meaning of mandamus is “we command”
• The court issue is the form of a direction to public authority to perform a particular
task.
• It can be issued against government, public officials, inferior courts, tribunals and
public corporations.
• It is issued against the public authority denying performing its duty or has failed to do
so.
• It cannot be issued against private individuals, President and Governors, and Chief
Justice.
• Exceptions
• Non-statutory departmental functions
• It cannot be invoked in matters where the duty is discretionary
• Against right of private nature
• It the direction will be in contravention with the law
• In the matter of an alternative remedy available
3. CERTIORARI
• It stands for “to certify”
• The writ can be issued when the court finds the decision of the lower court erroneous
or beyond its authority. It is used as curative writ petition
• The court has the authority to take charge of the case by transferring it before itself or
quashing the verdict of another inferior court.
• Before 1991 the writ was only allowed to be issued against the judicial authority or
quasi-judicial authority and not the administrative authority but post 1991 it can be
issued against the administrative authority as well.
• It cannot be issued against private people.
• Grounds
• When the inferior court lacked jurisdiction while giving a judgment
• When the inferior court performed beyond their jurisdiction
• When the inferior court acts against the procedural law
• When principle of natural justice is not performed by the court

4. QUO WARRANTO
• Quo- warranto stands for “by what authority or warrant”
• It is used by the court to stop the excessive use or abuse of authority
• The court issues the writ to ask the public official to table his authority of holding that
office, and court can suspend his authority.
• It cannot be issued against private individuals.
• Grounds:
• A person has held a public office without authority.
• The person is unqualified under the Constitution of India to hold the office.
• Permanent term
• It must be a public office

5. PROHIBITION
• It stands for “to forbid”
• Th writ aims to stop the judicial, quasi-judicial authorities along with tribunals from
exceeding their authority.
• It works opposite to mandamus as it directs the authority to prohibit any activity.
• The higher court can issue this against the lower court.
• It cannot be invoked against legislative bodies, administrative bodies and private
individuals.
Conditions
• Application of power beyond the jurisdiction
• Infringement of Principles of Natural Justice
• Using invalid law
• Conducting in contravention of basic legal rights
• Performed error based on record
Sources:
1. https://byjus.com/free-ias-prep/judiciaryfunctioning
2. IGNOU Indian Society - India Democracy and Development by is Accessed from
ttp://www.scribd.com/doc/155551232/IGNOU Indian Society-India-Democracy-and-
Development.
3. shodhganga.inflibnet.ac.in/bitstream/10603/40644/9/13_chapter4.pdf
4.https://legodesk.com/blog/indian-judiciary-judiciary-structure-organization-and-
JaideepYadav
5. https://talkpal.ai/most-used-legal-terms-in-the-urdu-language/
6.https://www.linkedin.com/posts/vakiltvofficial_list-of-law-vocabulary-words-with-urdu-
acceptance-activity-7067497627923169280-d2Yu/
7. https://talkpal.ai/vocabulary/legal-and-judicial-vocabulary-in-urdu/
8. https://www.scobserver.in/about/supreme-court-of-india/glossary/
9. https://www.lawvidhi.com/legal-abbreviation/
10. https://www.lawyersclubindia.com/articles/important-abbreviations-used-courts-lawyers-
must-know-13622.asp