The Judiciary In India

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Introduction

  • The Judiciary is the third important organ of the government. All the courts at different levels in a country put together are called the judiciary.
  • While the legislative makes laws and the executive carries out or implement the laws made by the legislative. The judiciary interprets or explains what these laws mean and punishes those who break the laws.

Need For the Judiciary

  • To interpret the Constitution.
  • To protect Fundamental Rights.
  • To maintain the Supremacy of the Constitution.
  • To check that the laws are implementing properly.
  • To Punish the people who break the laws.

Single Judiciary System in India

  • A single judiciary system has been adopted for the whole country. The apex of the judicial system is the Supreme Court of India, which supervises and controls the functioning of the other courts.
  • There are no separate sets of law only a single civil system operates throughout the country, immediately below State High Courts, and below there are District Courts.

      The Supreme Court

The High Courts

The District Courts

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The Supreme Court

  • The Supreme Court of India came into effect on 28th January 1950.
  • It is the highest court of law in India. It is located in New Delhi, the national capital of India.
  • Each and every decision made by the Supreme Court is binding on all the courts of our country.
  • The decision made by the Supreme Court can not be challenged in any court of India.
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Powers of the Supreme Court

1- Original Jurisdiction -The Supreme Court has Original Jurisdiction. It means that there are certain cases which can be directly heard by the Supreme Court.

2-Appellate Jurisdiction – The Supreme Court of India has vast powers to hear appeals. When High Court certifies or when the supreme court grants a special leave for appeal, an appeal against a judgement of the high court can lie before the supreme court.

3- Advisory Jurisdiction – The Supreme Court has Advisory Jurisdiction. The President seek the advice of the supreme court on any constitutional legal point. The President is free to accept or not to accept the advice of the Supreme Court.

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Hon'ble Chief Justice of India Sharad Arvind Bobde

Composition

The Supreme Court is presided by the chief justice of India who heads the proceedings of the court. It has 30 judges.

The Chief Justice of India is appointed by the President of India on the advice of the council of ministers.

Qualifications

To be eligible to be appointed as a judge of the Supreme Court, a person must be-

  • a citizen of India
  • a high court judge for at least 5 years
  • a high court advocate for at least 10 years
  • A distinguished jurist – an expert in law in the opinion of the President.

The High Courts

  • The Constitution of India provides for the establishment of a High Court in each state.
  • The High court is the highest court in a state.
  • A High Court consists of a chief justice and some other judges.
  • The number of judges of a High Court is to be decided by the president from time to time.
  • The President appoints the chief justice of a High Court in consultation with the Chief Justice of India.

Powers of the High Court

1- High Court has the Appellate power that is the power to hear appeals against all types of cases against the decision of the lower courts in a state concerned.

2- The High Court also has the power of judicial review that is the power to declare a law unconstitutional, if it goes against the Constitution.

3- The High Court is also the guardian of the Indian Constitution and the Fundamental  Rights of the people.

Composition

A High Court consist of a Chief Minister and other judges.

The number of judges varies from state to state according to the size of the state.

Qualification

To be eligible to be appointed as a judge of the High Court, a person must be-

  • a citizen of India
  • A High Court advocate for at least 10 years.
  • A holder of a judicial office in India for at least 10 years.

The High Court of India is also a Court of Record just like the Supreme court. The judges of the High Court are also independent like the judges of the Supreme Court. That is why the High Courts have earned a good position and reputation for its honesty, commitment to work and independent of judgement.

The District Courts

The Courts that most people interact with are subordinate or district courts. These are usually at the district or tehsil level in towns.

At the district level, there are two types of courts.

1-District Courts

The courts that hear civil cases are known as District Courts. They deal with cases related to land, money, will, marriage, divorce, property, etc. are called civil cases.

The district judge courts are the highest for dealing with civil cases.

2- Session Courts

The courts which hear criminal cases at the district level are known as Session Courts.

Criminal cases such as robbery, dacoity, and murder, etc come under session courts.

The court of the session judges is the highest criminal court in a district.

These courts at the district level can hear appeals to the decisions of the lower courts. The appeals against the decisions of the District Courts go to the High Court of the state.

Independence and Impartiality of Judiciary

  • By Independence of judiciary, we mean its independence from the control of the Executive and legislature. The independence of the judiciary also means a clear, fair, impartial, honest, and fearless decision.
  • It should be above the personal liking and frown or favor in giving its judgment and doing the duty as a guardian of the Constitution and in protecting the rights of the people.

Conclusion

  • It is essential for the functioning of a democratic constitution that justice should be neutral and impartial in the dispensation, even if it is against the Government of India.
  • Judiciary in India resolves the disputes that arise between citizens, between citizens and government. To maintain law and order in the society as well as in the country Judiciary plays an important role. 

Answer the following questions

Question 1- What are the qualification to became a judge of Supreme Court?

Question 2- What are the qualification to became a judge of High Court?

Question 3- What do you understand by Criminal Cases?

Question 4- What do you understand by Session Courts?

Question 5- When does Supreme Court of India came into effect?

Question 6- Name the apex court in India?

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