What is the judicial system in India?

Before you answer “What is the judicial system in India?” You need to know that the judicial system in India is a very old one and has mainly been adopted from the British judicial system. The source of the Indian legal system is its constitution, but it carries the legacy of 200 years of colonial rule over the country. This complex judicial system starts with the Supreme Court in the capital of the country and goes down to the states and then to the district courts. It is a well-integrated system that is described in this article.

It must be understood that the Constitution of India is the supreme law of the country and clearly defines the role and scope of the legal system in India. The Indian judicial system derives its powers from this Constitution and the framework of the judicial system has been set out in this Constitution. In addition, the Constitution also regulates the powers, scope and duties of the various courts in India, which operate at both the central and state levels.

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Indian judicial system

At the top of the Indian judicial system is the Supreme Court, followed by the high courts of all states. District courts follow, presided over by district judges. Finally, there are civil and second-class judges operating at the lower end of this hierarchy of courts. In addition to hearing civil and criminal matters, the Indian judicial system is responsible for maintaining law and order in the country. In all cases, it is the jurisdiction of the courts to deliver their verdicts and they can sentence a criminal to various terms of imprisonment. The quasi federal structure of the judicial system in India provides for high courts in all 29 states of the country. There are a total of 601 districts, with each district having its own court. All of these courts remain united with the Supreme Court of India, which acts as the top court.

Every state in India has the power to set up courts under these district courts. Most states have corporate law courts, monopoly and restrictive trade practices, consumer protection, industrial and financial reconstruction, tax courts, customs and excise control courts, and so on. All of these tribunals fall under the respective high courts.

Supreme Court

The Supreme Court is the highest court in India. It has a chief judge and 25 other judges. The President of India appoints the Supreme Court judges. It is not only responsible for the Supreme Court of Appeal, but also for upholding the constitution of the country. The Supreme Court deals with disputes between states and also between the Indian Union and states. Even the Indian President seeks the Supreme Court for advice on legal matters. The Supreme Court only deals with cases when the matter is deemed important enough for consideration by the court and after approval by a Supreme Court. It is possible to refer a case to the Supreme Court without a certificate from a High Court by filing an application for special leave.

What is the judiciary system in India

The high courts

There are 21 high courts in India, some of which cater to the requirements of 2 or more states. These courts are the highest courts at the state level. These courts handle both civil and criminal matters. Most of these cases are referred by district courts or other lower courts. High courts are called equity courts. These courts develop their own rules and make arrangements for their implementation. The judges in the high courts are appointed by the President of India in consultation with the Chief Justice of India.

District Courts

These courts operate at the district level and are subordinate to the high courts. There are many other dishes that are subordinate to these dishes. At the bottom of the hierarchy are the Lok Adalats, who were used by the High Courts to resolve minor disputes at the village level.

Image of the Supreme Court of India By: (CC BY-SA 3.0)

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