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Judiciary

The document describes the structure and functions of the Indian judicial system. It has three levels - the Supreme Court at the national level, high courts at the state level, and lower district and subordinate courts. The Supreme Court is the highest court and hears appeals from high courts. High courts preside over states and union territories. Below them are district and subordinate courts that handle cases at the local level. The judiciary interprets laws, develops legal precedents, protects constitutional rights and oversees the lower courts.

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0% found this document useful (0 votes)
210 views8 pages

Judiciary

The document describes the structure and functions of the Indian judicial system. It has three levels - the Supreme Court at the national level, high courts at the state level, and lower district and subordinate courts. The Supreme Court is the highest court and hears appeals from high courts. High courts preside over states and union territories. Below them are district and subordinate courts that handle cases at the local level. The judiciary interprets laws, develops legal precedents, protects constitutional rights and oversees the lower courts.

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© © All Rights Reserved
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The Government of India has three different independent branches

 Executive
 Legislative
 Judiciary.

The Indian judicial system was formed by the British during their colonial rule in
the country. This system is known as the Common Law System in which the judges
develop the laws with their judgments, orders and decisions.

The different types of courts form the different levels of judiciary in the country.

 The apex court of India is the Supreme Court, located in New Delhi, followed
by the high courts in different states.

 The high courts are followed by the district courts and subordinate courts which
are also known as the lower courts.
Supreme Court of India
 The Supreme Court of India came into being on 28 January 1950 and substituted the Judicial
Committee of the Privy Council and the Federal Court of India which were the apex legal system
under the colonial rule in India.

 There is one Chief Justice and 30 other judges in the Supreme Court who are appointed by the
Indian President.

 These judges retire after the attainment of the age of 65 years. The apex court works extensively
for the protection of the fundamental rights of the Indian citizens.

 It is also a supreme authority as it settles the disputes within several governments of the
country.

 It also has an authority to review any judgement or order earlier passed by it and can also
transfer cases from one high court to another and from one district court to another.
High Courts

The supreme judicial powers at the state level lie with the high courts of India.
 There are 24 high courts in the country which hold jurisdiction over a state, union territory or a group
of union territories or states. Being established in 1862, Calcutta High Court is the oldest high court
in India.

 Being the appellate authority of state or group of states, the high courts have similar authorities and
powers like that of the apex court, except for the difference of territorial jurisdiction of high courts
which is varied.

 The high courts may also have original jurisdiction in certain cases if permitted under the federal law
system.

 There are lower courts - civil or criminal, and tribunals which function under the high courts. All the
high courts come under the jurisdiction of Supreme Court of India
Following is the list of the 24 high courts of India:

High Court of Judicature at Hyderabad (Andhra Jammu and Kashmir High Court
Pradesh and Telangana) Jharkhand High Court
High Court of Judicature at Allahabad (Uttar Karnataka High Court
Pradesh) Kerala High Court (Kerala and Lakshadweep)
Bombay High Court (Maharashtra, Dadra and Madras High Court (Tamil Nadu and Puducherry)
Nagar Havel, Goa and Daman and Diu) Madhya Pradesh High Court
Calcutta High Court (West Bengal and Andaman Meghalaya High Court
and Nicobar Islands) Manipur High Court
Chhattisgarh High Court Orissa High Court (Odisha)
Delhi High Court (National Capital Territory of Patna High Court (Bihar)
Delhi) Punjab and Haryana High Court (Punjab, Haryana
Gujarat High Court and Chandigarh)
Gauhati High Court (Assam, Nagaland, Mizoram Rajasthan High Court
and Arunachal Pradesh) Sikkim High Court
Himachal Pradesh High Court Uttarakhand High Court
Tripura High Court
District and Subordinate Courts
The district and the subordinate courts are the courts below the high courts. These courts administer
jurisdiction at the district level in India.
 The district courts are at the top of all the subordinate courts but fall under the administrative control
of the state high court to which that district belongs to. The jurisdiction in the districts of the states is
presided over by District and Sessions Judge.
 The judge is referred to as a District Judge when he presides over the civil cases and as a Sessions
Judge when he presides over criminal cases. He is addressed as a Metropolitan Sessions Judge when
he presides over a district court in a city which is recognized as a metropolitan city or area by the
state government. The District Judge is also the highest judicial authority after the High Court
Judge.
The district courts also hold jurisdiction over the subordinate courts. For handling civil cases, the
subordinate courts, in ascending order, are Junior Civil Judge Court, Principal Junior Civil Judge
Court, Senior Civil Judge Courts. For handling criminal cases the ascending order of the subordinate
courts is Second Class Judicial Magistrates Court, First Class Judicial magistrate Court and Chief
Judicial Magistrate Court.
Powers of Judiciary System

 Judicial Functions: when a dispute is brought before a court, it is the responsibility of the court
to 'determine the facts' involved. The usual manner in which the courts determine the facts is
through evidence given by the contestants. Once the facts have been established, the court
proceeds to decide what law is applicable to a particular controversy or circumstance. Herein the
judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the
major task of the judiciary is to 'determine' the facts of laws and to apply them to particular
circumstance.

 Law-making Functions: judiciary also performs the role of lawmaker. It may sound surprising,
but 'judge-made' laws are common to all systems of jurisprudence. When the provisions of the
existing laws may be ambiguous, or sometimes two or more laws of a particular government
appear to be in conflict under a given circumstance. Here in the judiciary plays an important role in
determining what the law is and when two laws apparently conflict, which shall prevail.
(3) Guardianship of the Constitution: In federal States the judiciary is the guardian of the
Constitution. In federal States conflict in jurisdiction and authority frequently occurs, as there are
several law making and executive authorities, each showing its power to the Constitution. In the
circumstances, the judiciary becomes the umpire and regulates the legal actions of the States and
Central governments.

In case the laws made by any of these law-making bodies conflict with the constitutional
provisions, the judiciary in the above mentioned States is empowered to declare the relevant
legislation illegal.

(4) Advisory Jurisdiction:

Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the President of
India may seek the advice of the Supreme Court of India on any proposed legislation.
Protector of the Fundamental Rights:
Judiciaries also act as the defenders of the individual's right. Such role of the judiciary is
important as it prevents the individual's rights from being violated. An individual need not wait
until harm is done to him. If he had, sufficient reasons to believe that attempts would be made to violate
his 'rights' he could approach the courts for protection. Judiciary is the watchdog of rights and
liberties of the people. In India, the Supreme Court is empowered to protect the Fundamental
Rights of the citizens.
Supervisory Function:
Higher courts are often assigned the task of supervision over the lower courts. The Indian High Conn
responsible for the supervision of their respective state judicial systems.
Non-Judicial Function:
Judiciary in some countries may perform a number of non-judicial functions.:-
 Courts may undertake the administration of property in cases where the ownership of property
in question is in dispute.
 Courts also assume responsibility for handling the affairs of minor children or lunatics. Courts may
be authorized to issue and cancel certain licenses.
 Courts also may be authorized to grant citizenship to aliens.

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