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    Unit 1,Chap 4,Structure of Legal System

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    Unit 1,Chap 4,Structure of Legal System

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    Gäüråv Sôñï
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    2 views5 pages

    Unit 1,Chap 4,Structure of Legal System

    Uploaded by

    Gäüråv Sôñï
    Legal

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    Unit 1

    Chapter 3

    Structure of Legal System in India

    Structure of Judiciary in India


    A single, integrated judicial system operates in India. The Supreme Court
    (SC) is at the apex of the pyramid-shaped structure that makes up India‟s
    judicial system. District and subordinate courts are below the SC, which is
    followed by the High Courts.

    The upper courts directly supervise how the lower courts run their operations.
    The division and hierarchy of the Indian judiciary are briefly illustrated in the
    pictorial representation above.

    Supreme Court

     The Supreme Court of India was founded on January 28, 1950, and is
    considered as nation‟s biggest court.
     As it is the final court of appeal, both initial cases and pleas against
    High Court judgments are allowed.
     The Chief Justice of India along with 25 judges comprises the Supreme
    Court.
     The Indian Constitution sets the Supreme Court‟s authority in Articles
    124 to 147.

    High Courts

     The highest judicial body at the state level is the High Court.
     The jurisdiction of High Courts is summarized in Article 214.
     In India, there are 25 High Courts.
     High Courts only have criminal or civil jurisdiction if the State‟s lower
    courts are unable to handle the case.
     Even pleas from lesser courts may be attended by high courts.
     On advice from the CJI, the Chief Justice of the High Court, and the
    Governor of the State, the President of India appoints judges to the
    High Court.

    District Courts

     The State Governments of India make District Courts for each district or
    a bunch of districts according to the number of cases and population
    density.
     High Court decisions are binding on District Courts, which are directly
    under their direct control.
     There are commonly two kinds of courts in every district, Civil Courts
    and Criminal Courts.
     District Judges are responsible for District Courts.
     Depending on the extent of the cases, extra district judges and assistant
    district judges may be selected.
     The High Court attends requests against District Court verdicts.

    Lok Adalat/Village Courts

     These village-level subordinate courts offer a method for alternative


    conflict resolution in villages.
     They are also referred to as the „People‟s Court‟.
     These Adalat comprise judicial officers that may be operational or
    retired, along with additional individuals as defined by the Central
    Government.
     A judicial position was granted on the Lok Adalat by the Legal Services
    Authorities Act, of 1987.
     The Lok Adalat has jurisdiction over pending lawsuits for which the
    Adalat is summoned before the tribunal.

    Tribunals

     The Constitution gives the executive branch the authority to establish


    specialized tribunals to handle particular situations, such as those
    involving taxes, real estate, consumers, etc.
     They may be quasi-judicial or judicial.
     Tribunal aid in lowering the burden of the customary courts.
     Article 323A authorizes the Parliament to set up State and Central-level
    administrative tribunals.
     Article 323B offers a subject cases list for which the Tribunals are
    appointed by the State Legislatures or the Union Parliament.
    Appellate Jurisdiction

     The power of a court to rehear or reconsider a case determined by a


    lower court is referred to as appellate jurisdiction.
     The Supreme Court and the High Courts of India both have appellate
    authority.
     They have the power to either reverse or sustain lower court rulings.
     There are three different jurisdictions for the Supreme Court. They are
    advisory, appellate, and original.
     The Constitution‟s Articles 131, 133, 136, and 143 all refer to the
    Supreme Court‟s authority.

    Two Branches of Indian Judiciary


    The legal system or the Indian judiciary has two branches, which are Criminal
    law and civil law. There is a prominent difference between Civil Law and
    Criminal Law based on their nature and the punishment they offer.

    Civil law deals with wrong-doing connected to a person, that can be made
    right with a monetary payment, and Criminal law deals with severe crimes
    against society, wherein the guilty receives a harsher punishment.

     Criminal Law: These regulate any citizen or corporation who commits a


    crime. A criminal case begins when the neighborhood police report a
    crime. The matter is ultimately decided by the court.
     Civil law: These involve cases where a citizen‟s fundamental rights
    have been violated.

    Criminal Courts in Indian Judicial System

    The governance of the different criminal courts is listed under CrPC or the
    Code of Criminal Procedure. As per Section 26 of the CrPC, any violation
    cited under the Indian Penal Code may be pushed by:

     Courts of Session
     High Courts
     Any other Court as defined in the First Schedule of the CrPC.

    Indian Judiciary – Civil Courts


    The management of civil concerns is done by Civil courts. Civil law comprises
    nearly all trials except criminal ones (murder, robbery, firebombing, etc.). Most
    civil cases are classified in the Munsif‟s court.

    The order of the Civil Court in districts is as follows:

     District Court: The highest civil court is the district court, which
    exercises both judicial and administrative operations.
     Sub-judge Court: The Sub-judge and Additional Sub-judge courts may
    push the claim if the worth of the issue is more than Rs. 1 lakh.
     Additional Sub-judge Court: It is made depending on the caseload.
     Munsif Court: The Munsif court is apt to attempt the case if the worth of
    the subject matter is Rs. 1 lakh or below.

    Jurisdiction of the Civil Courts

    The Civil Courts mainly deal with four types of jurisdiction:

     Territorial Jurisdiction: It studies the cases within reach of


    geographical limits and not beyond that territory.
     Subject Matter Jurisdiction: It deals with trying cases of a specific
    type and cases related to a particular subject.
     Appellate Jurisdiction: It is the responsibility of the court to review a
    case decided by a lower court or listen to the appeals. The High Court
    and Supreme Court comprises Appellate Jurisdiction.
     Pecuniary Jurisdiction: It works with cases based on money matters.

    Role of Judiciary in India


    For any democracy to prosper, an autonomous and dynamic judiciary system
    is vital. According to the judiciary system in India, the rule of law makes sure
    that the citizen‟s rights are not surpassed.

    Judiciary also keeps a check on the executive and legislature of the


    Government. The functions of the Indian Judicial System are:

    1. Management and Delivery of Justice: Applying the law to individual


    instances or resolving disputes is the judiciary‟s main duty. When a
    matter is presented before the courts, the evidence put out by the
    parties “determines the facts” involved. The law then decides which law
    is relevant to the situation and applies it. The court will administer
    punishment to the guilty party if they are proven to have broken the law
    during the process of the trial.
    2. Judge-Case Law’s Creation: The judges frequently struggle or are
    unable to choose the right legislation to apply in a given situation.
    According to their experience and common sense, judges make
    decisions regarding the proper law in these situations. As a result,
    judges have amassed a substantial body of “case law” or “judge-made
    law.” According to the “stare decisis” theory, judges are generally
    expected to follow their earlier rulings in cases that are identical to their
    own.
    3. Constitution’s Guardian: The SC, India‟s highest court, serves as the
    Constitution‟s watchdog. The court resolves any problems of jurisdiction
    between the federal government and the states, or between the
    administration and the legislature. The judiciary declares any statute or
    executive action that contravenes a constitutional requirement to be
    illegal or invalid. It is known as “judicial review.” The benefit of judicial
    review is that it protects people‟s fundamental rights and maintains
    harmony between the union and the divisions in a federal state.
    4. Watchdog of Fundamental Rights: The judiciary makes sure that
    neither the State nor any other entity infringes on people‟s rights. By
    issuing writs, the superior courts uphold fundamental rights.
    5. Supervision: In India, the higher courts also have the responsibility of
    overseeing the lower courts.
    6. Advisory Body: The SC in India also serves as a consultative body. On
    constitutional issues, it may offer professional advice. When the
    executive demands it and when there are no arguments, this is done.
    7. Administrative Body: The courts perform a number of administrative
    and non-judicial tasks. The courts have the authority to appoint
    receivers, handle decedents‟ estates, and award certain licenses. They
    appoint guardians for little children and lunatics and register marriages.
    8. Federal Role: In a federal system like India‟s, the court also plays a
    crucial role in settling conflicts between the federal government and the
    states. Additionally, it resolves conflicts between states.
    9. Judicial inquiries: Typically, commissions that look into instances of
    omissions or mistakes on the part of public employees are chaired by
    judges.

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