Judicial System in India:

Introduction

In India, the government consists of three branches: the legislature, the executive, and the
judiciary. The Constitution establishes a division of powers and a system of checks and
balances. The judiciary is crucial in ensuring that both the legislature and the executive
adhere to their constitutional limits, preventing arbitrary power use. Additionally, the
Constitution guarantees the independence of the judiciary from legislative and executive
influence.

The Indian judiciary operates through a hierarchical system of courts, each with distinct
powers and jurisdictions. At the top is the Supreme Court, followed by High Courts at the
regional level, and lower courts at the local level. This structure ensures clear jurisdictional
boundaries and efficient exercise of judicial powers across various levels to serve the people
of India.

The judicial system of India is organised in a hierarchical manner to ensure the proper
administration of justice.

History Of Judicial System In India

In ancient India, the family court was the lowest judicial authority, with the king at the top as
the ultimate dispenser of justice, assisted by counsellors and ministers. Justice was
administered based on dharma, a system of rules outlining individual responsibilities, with
customs serving as a source of law.

During the Mughal period, Qazis were appointed to dispense justice, with one in every
provincial capital and large town. They conducted trials in the presence of the parties and
carefully drafted legal documents, while the king remained the highest court of appeal. This
traditional system of justice was eventually replaced by British colonial rule.

The British introduced the common law system in India, establishing the Sadar Diwani
Adalat and later the first high court in Calcutta in 1862, followed by high courts in Madras
and Bombay. The Federal Court was established by the Government of India Act, 1935,
which had broader jurisdiction than the high courts. Consequently, India's current judicial
system is largely based on the common law framework.

Functions of the Indian Judiciary

Upholding and Interpreting the Constitution:The judiciary protects and interprets the
Constitution, striking down any law or regulation that violates its provisions.

Resolving Inter-State Disputes:The Supreme Court plays a crucial role in resolving

disputes between states and the Union, maintaining the federal structure of governance.
Protection of Fundamental Rights:The judiciary ensures the protection of fundamental
rights granted to citizens and others, issuing writs against any infringement by the legislature
or executive.

Assistance in Law-Making:Courts provide guidelines that may be incorporated into

statutes, suggest new laws or amendments, and offer advisory opinions to the Preside

Hierarchy of the Courts

The Indian judiciary operates through a hierarchical system of courts, each with distinct
powers and jurisdictions. At the top is the Supreme Court, followed by High Courts at the
regional level, and lower courts at the local level. This structure ensures clear jurisdictional
boundaries and efficient exercise of judicial powers across various levels to serve the people
of India.

The judicial system of India is organised in a hierarchical manner to ensure the proper
administration of justice.The judicial system of India is organised in a hierarchical manner to
ensure the proper administration of justice. The hierarchy can be divided into three main
levels:

1.Supreme Court of India

The Supreme Court of India, established under Part V, Chapter IV of the Constitution, is the
highest court in the Indian judicial system. It acts as the guardian of the Constitution and
serves as the final appellate authority for legal cases.

Constitution Regulation

As per Articles 124 to 147 of the Indian Constitution, the Supreme Court's jurisdiction and
composition are defined. Primarily an appellate court, it hears appeals from High Courts
across states and union territories. Under Article 32, it also accepts writ petitions for
violations of fundamental rights, ensuring constitutional remedies. Additionally, the Supreme
Court addresses urgent and serious issues requiring immediate attention.

These types of petitions are accepted under Article 32 of Indian constitution. This article
confers the right to ensure remedies through the constitution. This court also hears about
such serious issues which need to be attended with immediate attention.

Structure of the Supreme Court of India

Composition:

● It is composed of the Chief Justice and 30 other judges.

● Language of Proceedings:All proceedings are conducted in English.

Application of Supreme Court Rules

Governing Rules:
Governed by the Supreme Court Rules, published in 1966.

● Regulatory Framework:Established under Article 145 of the Indian Constitution to

regulate procedures and practices.
● The rules have undergone updates, with the latest being the Supreme Court Rules,
2013.

Functions of the Supreme Court

● Highest Court of Appeal:The Supreme Court is the apex court of India and the final
court of appeal in all legal cases, both civil and criminal.
● Constitutional Court:It serves as the guardian of the Constitution, hearing cases
involving fundamental rights and constitutional matters.
● Original Jurisdiction:The Supreme Court has original jurisdiction in specific cases,
such as disputes between states or between the union and states.
● Appellate Jurisdiction:It hears appeals from lower courts, including High Courts.
● Advisory Jurisdiction:The President of India can seek the Supreme Court's
advisory opinion on matters of law or fact.
● Public Interest Litigation (PIL):Citizens can approach the Supreme Court directly
through PILs for issues affecting the public at large.

2. High Courts

High Courts are the second most important courts in India's democracy, established under
Article 214 of the Constitution. They operate under the binding judgments and orders of the
Supreme Court, which provides guidance through legal precedents. There are 24 High
Courts in India, each serving the regional judicial system, with the Kolkata High Court being
the oldest.

Jurisdiction

These courts primarily operate within a state, group of states, or Union Territory, overseeing
lower courts like family, civil, and criminal courts. They are principal civil courts in matters of
original jurisdiction. Subordinate to High Courts, they step in when lower courts lack the
financial or territorial jurisdiction to act. High Courts handle specific areas like Company Law,
as designated by state or federal law.

High Courts primarily handle appeals from lower courts and writ petitions under Article 226
of the Indian Constitution. Writ petitions fall exclusively under their jurisdiction, and their
territorial jurisdiction varies accordingly.

Structure and Application

Appointment Process:
● Judges of High Courts are appointed by the President of India.
● The President consults the Chief Justice of India, the Chief Justice of the concerned
High Court, and the Governor of the respective state or Union Territory.
Number of Judges:
● The number of judges in a High Court is determined based on:
● The average number of main cases filed in the last few years.
● The average rate of case disposal per judge per year in the respective High Court.

Permanent and Circuit Benches:

● Permanent Benches: High Courts with a high volume of cases in a particular area
may have permanent benches or branches.
● Circuit Benches: Established in remote regions to serve complainants, circuit
benches operate based on scheduled visits by judges.

Functions of High Court

● High Courts are the highest state or Union Territory-level courts.
● They have appellate jurisdiction to hear appeals from lower courts like district courts.
● High Courts can issue writs to enforce fundamental rights under Article 226 of the
Constitution.
● They hold supervisory jurisdiction over all courts and tribunals within the state.

3.District Courts

Constitution

District courts in India are structured based on the discretion of state governments or Union
Territories, considering factors like case volume and population distribution. States decide
whether to establish multiple courts in a district or combine adjacent districts under one
court. These courts function at the district level and are administratively controlled by the
High Court. Their judgments can be appealed to the respective High Court.

Application and Jurisdiction

District courts are run by state-appointed district judges, with additional and assistant judges
sharing the workload. Additional judges have equal authority in metropolitan areas. These
courts handle appeals from subordinate civil and criminal courts within the district.
Subordinate civil courts include Junior and Senior Civil Judge Courts, while criminal courts
include Judicial Magistrates and family courts. There are 351 district courts, with 342 in
states and 9 in Union Territories.

Function of the Court

● Subordinate courts operate under High Courts at the district level, handling civil and
criminal cases.
● Civil Courts : Address civil matters like property disputes, contracts, and family law.
● Criminal Courts : Deal with criminal cases, including serious offenses such as
murder and theft.
● Sessions Court: The highest criminal court at the district level, handling serious
offenses.
 ● Appellate Jurisdiction : District courts can hear appeals from lower courts within
their district.

4.Lower subordinate courts

Constitution
Lower Subordinate Courts are established under the Indian Constitution and derive their
authority from various laws enacted by Parliament and state legislatures, ensuring access to
justice at the grassroots level.

Application:

● Civil Matters: Handle disputes involving property, contracts, family issues, and
tenancy.
● Criminal Matters: Address offenses like theft, assault, and other minor to moderate
crimes.
● Special Courts: Include Family Courts for matrimonial disputes and Juvenile Justice
Boards for cases involving minors.

Structure:

● Civil Courts:Civil Judge (Junior Division): Small civil matters.

● Civil Judge (Senior Division): Larger civil disputes.
● Criminal Courts:Judicial Magistrate Second Class: Petty offenses.
● Judicial Magistrate First Class: More serious criminal cases.
● Chief Judicial Magistrate: Supervises criminal matters in the district.

Functions of the court

● Adjudication: Handle civil and criminal cases from initiation to judgment.

● Original Jurisdiction: Deal with small to mid-level disputes.
● Appellate Function: Hear appeals from lower magistrates.
● Trial Court Functions: Conduct trials for criminal cases.
● Execution of Judgments: Ensure compliance with their and higher courts'
judgments.
● Supervision: Higher subordinate courts oversee lower courts within their jurisdiction.

5 .Tribunals

The government establishes special tribunals for specific issues like taxes and land disputes
to expedite justice and reduce the burden on traditional courts. Article 323A allows for the
creation of administrative tribunals for public service matters, while Article 323B lists
subjects for tribunal establishment. The Union of India v. R. Gandhi (2010) case affirmed
that this list is not exhaustive, permitting tribunals for any matter in the Seventh Schedule.

6.Nyaya Panchayat
Nyay Panchayats are village-level tribunals aimed at providing affordable and quick justice,
as directed by Article 40 of the Constitution. Established under the 73rd Constitutional
Amendment, they handle minor offences and have limited civil and criminal jurisdiction.
Members, known as Panches, are appointed by village adults, work honorarily without
salary, and must be at least 30 years old.

The Ashok Mehta Committee, established in 1977, recommended reforms for Nyay
Panchayats, including the creation of a special cadre for judges and expanding their civil
jurisdiction. It suggested aligning their criminal jurisdiction with that of a first-class judicial
magistrate and exempting them from the Code of Civil Procedure, 1908 and the Indian
Evidence Act, 1872. However, these recommendations have not been implemented.

7.Lok Adalats
Unlike Nyay Panchayats, Lok Adalats focus on resolving disputes through mediation and
arbitration rather than adjudication, earning them the title of "People's Court." Established
under the Legal Services Authorities Act, 1987, they include both serving and retired judicial
officers and others designated by the Central Government.

The Key facts about Lok Adalats:

● Statutory Status: Conferred by the Legal Services Authorities Act, 1987.
● Decree Status: Awards made by Lok Adalats are deemed decrees of civil courts, as
per Section 21.
● Binding Nature: Awards are binding on the parties involved.
● Jurisdiction: They handle cases pending in court, with matters referred by the
parties, the court, or upon mutual agreement.
● Principles: Must adhere to "justice, equity, fair play, and other legal principles" as
outlined in Section 20.

Summary of Hierarchy:
1. Supreme Court (Top level)
2. High Courts(State level)
3. District Courts (District level)
4. Subordinate Courts(Lowest level)
5.Tribunal
6.Nyaya Panchayat
7. Lok Adalat

Hurdles In The Judicial System

The judicial system in India faces several challenges:

● Overburdened Courts:The Supreme Court and high courts are overloaded with
cases, leading to significant delays in justice, with some litigations lasting for
decades.
 ● High Cost of Litigation:Legal proceedings are expensive, causing many common
people to forgo their rights and claims due to financial constraints.

● Lack of Infrastructure:Judicial complexes are overcrowded, and many courts suffer

from inadequate digital infrastructure to handle the large caseload effectively.

● Obsolete Laws:Several British-era laws are outdated and require amendments,

modifications, or repeals to remain relevant to contemporary society.

● High Caseload in Subordinate Courts:Subordinate courts also handle a large

volume of cases, leading to frequent adjournments and further delays in justice.

● Undertrial Prisoners: Many undertrial prisoners remain in jails for years while
awaiting trial, contributing to overcrowding and human rights concerns.

● Low Judge-to-Population Ratio:India has about 21 judges per million people,

which is inadequate. The 245th Law Commission Report emphasised the need to
improve this ratio to reduce the backlog of cases and called for urgent action to
address the shortage of judges.

An independent and vibrant judiciary is crucial for a thriving democracy in India, ensuring the
rule of law and protecting citizens' rights while monitoring the legislature and executive.
However, the judicial system faces significant challenges that require urgent attention,
including a shortage of judges and delays in case disposal. The improving judicial
infrastructure and working conditions in trial courts is essential to attract talent to the legal
profession.