Indian Judicial System

by amarjsadvocate

The Judiciary of India is an independent body and is separate from the Executive and Legislative bodies of the Indian Government. The judicial system of India is stratified into various levels. At the apex is the Supreme Court, which is followed by High Courts at the state level, District Courts at the district level and Lok Adalats at the Village and Panchayat Level. The judiciary of India takes care of maintenance of law and order in the country along with solving problems related to civil and criminal offences.

The judiciary system that is followed in India is based on the British Legal System that was prevalent in the country during pre-independence era. Very few amendments have been made in the judicial system of the country.

Supreme Court in India

The Supreme Court is the highest judicial body in India. The Supreme Court came into power on 28th January 1950; just two days after the Constitution of India came to effect. it is the highest court of appeal and is also the protector of the Constitution in the country.
The Chief Justice of India and 25 other judges make up the Supreme Court of India. The appointments are done directly by the President of India. The Judges of the Supreme Court are free to exercise their power as and when required. The process of removal of the Supreme Court judges is quite an interesting but lengthy process. An order from the President is mandatory in case of removal of the judges. A two-thirds majority has to be obtained from both the houses for the removal of the judges. The Supreme Court in India acts as an independent body and is free from any outer control. The contempt of law court in India is a punishable offence and the Supreme Court takes care of this immaculately.

High Courts in India

There are High Courts in almost all the states of India and the Union Territories. The High Courts work under the Supreme Court in the country. These courts are vested with lot of power. They decide on both civil as well as criminal cases. Most of the cases that are handled by the High Courts of the country are passed on from the district or lower courts.
The judges of the High Courts are appointed by the President of India, in consultation with the Chief justice of India and the Governor of the state. The Chief Justice heads each of the High Courts in India. The numbers of judges vary from one court to other depending on the area that the High Court covers and the number of cases that it handles. There are also High Courts that serve more than one Indian state or Union Territory. Each of these courts have original and appellate jurisdiction under them. Summons can also be issued by the High Court. Revenue matters are dealt by original jurisdiction, while an eminent jury handles original criminal cases.
Established in the year 1862, the Calcutta High Court is the oldest court in India. Apart from this, there are 18 total High Courts in the country, some of which are Bombay High Court, Delhi High Court, Chattisgarh High Court, Gujarat High Court, Jharkhand High Court, Madras High Court, Patna High Court and Sikkim High Court.

District Courts in India

The District Courts in India take care of judicial matters at the district level. Headed by a judge, these courts are administratively and judicially controlled by the High Courts of the respective states, to which the district belongs. 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.

The Chief Judicial Magistrate is endowed with the responsibility of deciding critical cases. He or she has the power of punishing the accused by imprisonment for a maximum of 7 years. The independence of the judiciary even at the district level needs a special mention. There is a strong bar in each district court that ensures proper decisions are made in the cases that come to these courts. The major problem that is faced by the district courts in India is that numerous cases get piled up day after day and as a result there is inordinate delay in the decisions of the court.

Tribunals

There are also various tribunals that have been set up in India that look into various matters of grave concern. 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 I, Chennai
• Debts Recovery Tribunal II, Chennai
• Central Excise Service Tax Appellate Tribunal
• Debt Recovery Tribunal, Coimbatore
There is also a ministry and some departments that look after the judicial set up of the country. The Ministry of Law and Justice and the National Informatics Center are endowed with the responsibility of maintaining law and order in the country. There are also many legal committees and commissions that are set up in India so that the judiciary can run smoothly and render all possible help to the general masses of India in solving their legal problems.