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Indian Judiciary - Indian Polity Notes

Indian administration is guided by three pillars – Legislature, Executives, and Judiciary. Indian Judiciary. In India, we have an independent judiciary. The other organs of the government cannot interfere with the functioning of the judiciary. It is an important topic for the IAS Exam  for the Indian Polity subject (UPSC GS -II).

This article will provide you with relevant facts about Indian judiciary, what is the role of the judiciary, its structure, organisation, and functioning. 

Indian Judiciary:- Download PDF Here

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. For democracy to function effectively, it is imperative to have an impartial and independent judiciary.

Independent Indian Judiciary

• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.

Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability. It is accountable to the Constitution of the country.

How Indian Judiciary is granted its independence?

The Constitution provides for a number of provisions that ensure that the independence of the judiciary is maintained and protected. For more on this, you can check the below links.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are the district and subordinate courts. The lower courts function under the direct superintendence of the higher courts.

The diagram below gives the structure and organisation of the judicial system in the country.

Apart from the above structure, there are also two branches of the legal system , which are:

• Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts when the local police file a crime report. The court finally decides on the matter.
• Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen.

Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the Constitution.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

• Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
• Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
• Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
• Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
• Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
• Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
• Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
• Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
• Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.

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Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other than criminal cases. Criminal law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.

• Civil law is applied in disputes when one person sues another person or entity. Examples of civil cases include divorce, eviction, consumer problems, debt or bankruptcy, etc.
• Judges in civil courts and criminal courts have different powers. While a judge in a criminal court can punish the convicted person by sending him/her to jail, a judge in a civil court can make the guilty pay fines, etc.
• District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

• The court of the district judges is the highest civil court in a district.
• It has both administrative and judicial powers.
• The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and Sessions Judge.
• Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts.
• Most civil cases are filed in the Munsif’s court.

Civil courts have four types of jurisdiction:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate to a particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or review a case that has already been decided by a lower court. The Supreme Court and the High Courts have appellate jurisdiction to hear cases that were decided by a lower court.

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UPSC Questions related to Judiciary in India

What is article 124 a of indian constitution.

This article talks about the establishment and constitution of the Supreme Court.

What is the structure of Indian judiciary?

Judiciary in India has a pyramidal structure with the Supreme Court at the top.

What is obiter dictum in law?

Obiter dictum is an opinion or a remark made by a judge which does not form a necessary part of the court’s decision.

What is the main function of the Indian judiciary?

The main function of the judiciary is to interpret and apply laws to cases.

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Hierarchy of Courts and Justice System in India

In this blog post, Ranjit Krishnan Ramanath, pursuing M.A. in business law from NUJS, Kolkata, talks about the hierarchy of courts and justice system in India.

Courts and Justice system in India The courts are divided into three categories with top court, middle court and lower court. The top court is named as the Supreme Court , while the middle court is named as High Court , and the lower court is named as District Court.

This article will provide a detailed discussion about the hierarchical structure of these courts along with the area of activities covered by them. The judicial system will also feature the different aspects of the judicial system with the period taken for getting the disputes dissolved with the present infrastructure of Indian judiciary system.

Introduction

India, being one of the biggest countries in the world with a fabulous population has a very strong judiciary system which is inherent with the structure of the courts and its hierarchy and the judicial system. This system provides livelihood to huge number of professionals attached with the system of judiciary in different forms and thus serve the nation with the service. In this essay, the structural pattern of judiciary system will be narrated with the hierarchical type of courts effectively take part in the judiciary system and the different personalities engaged in this profession to play different roles assigned to them.

Because of the size of the country, the judiciary system is planned as per the requirement of the citizen of India with the location of courts as per status to serve the community of India with efficiency. India has a rich tradition of providing justice to the affected and the courts in various levels are there to serve the purpose of extending highest level of efficient juridical system all over the country [1] .

The court structure is set as per the judiciary system prevailing in India with differentiation of applicability as per the merit of the case. The normal trend of the judiciary system is to start any general dispute in the lower court which is being escalated as per the satisfaction of the parties to the higher courts.

The hierarchical structure of court is being endorsed by the Constituency of India with the level of power exercised by the different level of courts. The judgments can be challenged in the higher courts if the parties to the cases are not satisfied. The process of escalation is systematic and thus the system of providing maximum level of satisfaction to the parties is sincerely tried by the judiciary system.

In this present essay, we will highlight the two aspects of judiciary system in India –

• Hierarchy of courts in India
• The judicial system of India

Hierarchy of Indian Courts

The feature Indian judiciary system is its hierarchical structure of courts. There are different levels of judiciary system in India empowered with distinct type of courts. The courts are structured with very strong judiciary and hierarchical system as per the powers bestowed upon them. This system is strong enough to make limitation of court with its jurisdiction and exercise of the power. The Supreme Court of India is placed at the top of the hierarchical position followed by High Courts in the regional level and lower courts at micro level with the assignment of power and exercising of the same for the people of India [2] .

Supreme Court of India

Supreme Court of India is the highest level of court of Indian juridical system which was established as per Part V, Chapter IV of the Constitution of India which endorses the concept of Supreme Court as the Federal Court to play the role of the guardian of the esteemed constitution of India with the status of the highest level of court in the status of appeal cases [3] .

Constitution Regulation

As conferred by Articles 124 to 147 of Indian Constituency, the jurisdiction and composition of the Supreme Court is being fixed. This court is primarily of the status of appellate court. This court is accepting the appeals of cases which are being heard in the High courts situated in different states and union territories with dissatisfaction of related parties. This court also accepts writ petitions with the suspected occurrence of activities which may infer about violation of human rights and subsequent petitions are accepted to hear and judge the consequences of such happenings.

These types of petitions are accepted under Article 32 of Indian constitution. This article confers the right to ensure remedies through constitution. This court also hears about such serious issues which need to be attended with immediate attention [4] .

This court has started its operation since 28 th January 1950 with the inaugural sitting, the day since when the constitution of independent India had been effectively applicable. The court had already taken care of more than 24,000 judgments as per report of the Supreme Court.

Structure and Application

This court is comprised of the Chief Justice along with 30 other judges to carry on the operation of the court. The proceeding of the Supreme Court is being heard only in the language of English .  The Supreme Court is governed by the Supreme Court Rules which was published in the year 1966.

The same had been fixed under the Article number 145 of the Constitution of India to ensure the regulation of procedures and practices of the Supreme Court.  This article is passing through the process of upgrading with the presently enforced Article as per the Supreme Court Rules, 2013 [5] .

High Court of India

• Constitution

High Courts are second Courts of Importance of the democracy of India. They are run by Article 141 of the Constitution of India . They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence.

High courts are the types of courts which are instituted as the courts powered by constitution with the effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high courts in India taking care of the regional juridical system of India out of which Kolkata High Court is the oldest [6] .

Jurisdiction

These courts are mainly confined to the jurisdiction of state, group of states or Union Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts with other different courts of the districts.  These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts.

These courts are treated as subordinate to High Courts by status. But High Courts are mainly exercising their jurisdiction related to civil or criminal domain if the lower courts are proved incapable of exercising their power as per authorization extended by law.  These situations may be generated through the inability of financial or territorial jurisdiction. There are specific areas in which only High Courts can exercise the right for hearing like cases related to Company Law as it is designated specially in a state or federal law.

But normally the high courts are involved in the appeals raised in the cases of lower courts with the writ petitions as conferred in Article 226 of the Constitution of India. The area of writ petitions is also the sole jurisdiction of high courts. The jurisdiction of High Court is varying so far territorial jurisdiction is considered [7] .

Official structure and application

The appointment of the judges of High Courts are being executed by the President of India with the consultation of the Chief Justice of India , the Chief Justice of High Court and the Governor of the state or union territory.

Decision on the number of judges in High Court is mainly dictated considering the higher number of either the average of organization of main cases for the last years as per the average nationally calculated or the average rate of main cases disposed per judge per year in the respective high court.

The high courts with handling of most of the cases of a particular area are provided with the facility of permanent benches or branches of the court situated there only. To serve the complainants of remote regions the establishment of circuit benches had been made to facilitate the service with the schedule of operation as per the occurrence of visit of the judge [8] .

Lower Courts of India

District courts.

The basis of structuring of district courts in India is mainly depending upon the discretion of the state governments or the union territories. The structure of those courts are mainly made considering several factors like the number of cases, distribution of population, etc. Depending upon those factors the state government takes the decision of numbers of District Courts to be in operation for single district or clubbing together different adjacent districts.

Normally these types of courts exercise their power of juridical service in district level. These courts are covered by the administrative power of the High Courts under which the district courts are covered. The judgments of the district courts are subject to review to the appellate jurisdiction of the respective high court [9] .

• Structure and Jurisdiction

The district courts are mainly run by the state government appointed district judges. There are additional district judges and assistant district judges who are there to share the additional load of the proceedings of District Courts. These additional district judges have equal power like the district judges for the jurisdiction area of any city which has got the status of metropolitan area as conferred by the state government. These district courts have the additional jurisdictional authority of appeal handling over the subordinate courts which are there in the same district specifically in the domain of civil and criminal affairs.

The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil Judge Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub Courts, Subordinate Courts. All these courts are treated with ascending orders. The subordinate courts covering the criminal cases are Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief Judicial Magistrate Court along with family courts which are founded to deal with the issues related to disputes of matrimonial issues only. The status of Principal Judge of family court is at par with the District Judge [10] .

There are in total 351 district courts in operation out of which 342 are of states while 9 are of union territories.

Village Courts

• Constitution Structures and Features

The village courts are named as Lok Adalat or Nyaya Panchyat which means the service of justice extended to the villagers of India. This is the system for resolving disputes in micro level. The need of these courts is justified though the Madras Village Court Act of 1888 . This act is followed by the development post 1935 in different provinces, which are re-termed as different states after the independence of 1947.

This conceptual model had been started to be sued from the state of Gujarat consisting of a judge and two assessors since 1970s. The Law Commission had recommended in 1984 to form the Nyaya Panchayats in the rural areas with the people of educational attainment.  The latest development had been observed in 2008 through initiation of Gram Nyaylayas Act which had sponsored the concept of installation of 5000 mobile courts throughout the country. These courts are assigned to judge the petty cases related to civil and criminal offence which can generate the penalty of up to 2 years imprisonment.

So far the available statistics of 2012 there are only 151 Gram Nyaylayas which are functional in this big country which is far below the targeted figures of 5000 mobile courts.  While trying to find the basic reasons for this non achievement, it was found as financial constraints followed by shown reluctance by the lawyers, respective government officials and police [11] .

To know more about the hierarchy of judges in brief, please refer to the video below:

 The Hierarchical Structure of Indian Courts

Suggested Reading: Courts & Justice System in China

Judicial System of India

The present judicial system of India is being made effective through the Constitution of India. The judicial system of India is mainly consisting of three types of courts- the Supreme Court, The High Courts and the subordinate courts. The effective rules and regulations are made of the Constitution and other laws and regulation structured mainly upon the basis of British Law with the improvised version suitable for India.

These rules and regulation along with the Constitution are elementary in fixing the composition, jurisdiction and power of the respective courts. The below discussion will highlight the features and the roles of the three types of courts so far the judicial system of India is concerned [12] .

Supreme Court- Its role in the judicial system

This court is with the status of the highest level of courts as per Chapter IV of Part V of the Indian Constitution. This court is situated in the capital of India, New Delhi. The panel of judges is comprised of Chief Justice and twenty other Judges.

Appointment of Judges

The judges of Supreme Court are being appointed by the President of India. The system is to send the panel of probable judges by the Chief Justice of Supreme Court through collegiums to the President of India with the approval of the Central Government.

The qualifications and the conditions of the judges so far appointment and the tenure of service are fixed as per below:

• He should be the citizen of India .
• He should have the experience of serving as the Judge of High Court for a minimum period of at least five years or he should be an advocate of High Court for at least ten years or he should be considered by the President as a distinctive jurist.
• The Judge of the Supreme Court is eligible for performing his duties by holding office up to the age of sixty five year if he has not resigned or disqualified on the basis of any act of misbehavior or proving incapable of holding his duties [13] .

Jurisdiction of Supreme Court

The jurisdiction of Supreme Court is classified under different types:

Original jurisdiction:  The Supreme Court exercises original jurisdiction exclusively to hear the cases of disputes between the Central Government and the State Governments or the interest of the States. The Supreme Court has original but not exclusive jurisdiction for enforcement of Fundamentl Rights as per the provision of Constitution of India through the way of writs.

Appellate Jurisdiction: The Supreme Court has the jurisdiction of hearing the appeal raised against the judgment of all High Courts of India provided the respective High Court grants the certificate related to the query about the interpretation of the Constitution of India. In case of any civil dispute, if the High Court thinks that the intervention of Supreme Court is required to resolve substantial query of law regarding importance in general is there and the High Court infers that the specific query is to be decided by the Supreme Court.

In case of any criminal dispute , if the High Court thinks that the same is to be heard by the Supreme Court. It is the discretionary power of the Supreme Court to hear any criminal case without the certificate of High Court against the judgment conferred by High Court through which any verdict of death sentence is being pronounced while reversing the original judgment of the lower court of release order to the accused or in case of withdrawal of case from the lower court.

Supreme Court has the power to exercise extra ordinary jurisdiction to hear any appeal related to any matter for which any court or tribunal had decided with judgment through the option of special leave petition except the case of tribunal related to armed Ffrces. Supreme Court has the power to withdraw or transfer any case from any High Court. The Supreme Court has the authority to review any verdict ordered.  The law of Supreme Court is put the binding on all courts across India. Even the Supreme Court has the authority to create any rule of government with the approval from the President of India. Supreme Court is defined as the Court of record with the right to make punishment for the contempt of court [14] .

Advisory jurisdiction:  The Supreme Court has the option to report its opinion to the President about any questions raised of public importance referred by the President.

Suggested Reading: Court & Justice System in USA

The High Courts- Its role in the judicial system

The Constitution of India has conferred the provision regarding the judicial system through Chapter V of Part Vi for high courts. The main features are discussed below:

Establishment

The Constitution conferred that each state or more than one state should have one High Court. The Union Territories of Manipur, Goa and Tripura have the judicial Commissioner Courts. The Constitution has made provision for the other Union Territories to establish high courts.

Court of Record

All the High Courts have the power to pronounce punishment for contempt of court and thus, they will be treated as Court of Record.

The appointment of the Judges of High Court is done by the President of India with the consultation of the Chief Justice of India, the Chief Justice of respective high Court and the Governor of the state.

Number of Judges

The President of India has the authority to fix the number of judges of the High Court as per requirement. The basic factor for this purpose is being settled though the central executive which can decide about the number of judges in High Court which is being decided with flexible attitude [15] .

Qualification of Judges

A person, being the citizen of India with holding the judicial office in India for 10 years or an advocate of High Court for 10 years is eligible for being the Judge of High Court.

Tenure of service

The judges of the High Court have the maximum period of service up to sixty two years. Till then they can not be removed from their duties if any occurrence of misbehavior or incapability is proved and seconded by two third of members of both houses of parliament through voting.

Salary of Judges

This is done as per prescribed declaration in the second schedule of the Constitution and can not be changed without any amendment of the Constitution [16] .

The old fashioned restriction since 1915 regarding revenue is being outdated on the original jurisdiction of the High Courts of Kolkata, Chennai and Mumbai.

Writ Jurisdiction and Superintendence

Except for High Courts of Kolkata, Chennai and Mumbai none has the power to issue the privileged writs . At present Article 226 of Constitution of India has given the power to the high Courts to issue different writs.

Article 227 of Indian Constitution has empowered all high courts to practice superintendence over all the courts of tribunal effective within the regional jurisdiction of the High Court.

Subordinate Courts of India

Chapter VI of Part VI of the Indian Constitution has made provisions for subordinate courts related to the judicial system. These courts are in the state level under the direct superintendence of High Court. The activities like appointment promotion and posting of judges are made by the Governor of the state by consulting respective High Court.

The criterion of eligibility of district judge is that he must be an advocate for minimum seven years with the recommendation of the respective high court. Respective High Court has the sole discretionary power related to the administrative matters like posting, promotion or leave which can be conferred by the conditions of service as per the law applicable for subordinate courts.

As per the provisions made in Part IV of the Constitutions, the directive of panchyats is fixed which endorses the concept of self governance through Article 40 of this part. The panchayats are there in the rural area to resolve the issues related to civil or criminal issues by following the simple system of informal application to enhance to scope of compromise between the parties. Article 50 had made provision separating the judiciary from the administrative executive deployed in the public services of the state [17] .

With the above essay, the hierarchy of the courts and justice system in India had been properly discussed with the emphasis given on the judicial system of the country. It is evident that the role of the Constitution of India plays a major role in this aspect with the help of other rules and laws enforced from time to time to strengthen the judiciary system of the country.

It is often questioned if the three layer judicial system is at all necessary or not for the purpose of running the judicial system of the country. It is evident from the strong base and the proven utility of the courts, that a big country like India does need this existing system of judiciary process to ensure the best possible judiciary to the citizen of India.

It is to be kept in mind the numbers of human resources deployed in the system through direct or ancillary services related to judicial system and with their constant endeavor, the judiciary system proves to be efficient keeping in mind the number of disputes raised everyday and the level of response extended by the courts refer to the disputes.

What are your views on this? Feel free to comment below & share the article.

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Bibliography

Clearias. (2014, June 11). The Union Judiciary ie. The Supreme Court (Articles 124-147) . Retrieved November 26, 2016, from Clearias: http://www.clearias.com/union-judiciary-supreme-court/

Ecourts. (2015, July 22). District Courts of India . Retrieved November 2016, 2016, from Ecourts: http://www.ecourts.gov.in/lunglei/structure

Gktoday. (2016, February 24). Supreme Court of India . Retrieved November 26, 2016, from Gktoday: http://www.gktoday.in/blog/supreme-court-of-india/

Gupta, A. (2012, November 14). Judiciary System in India . Retrieved November 26, 2016, from Slideshare: http://www.slideshare.net/architgupta792/judiciary-system-in-india

Indianetzone. (2013, May 04). High Courts in India . Retrieved November 26, 2016, from Indianetzone: http://www.indianetzone.com/3/high_courts_india.htm

Ipleaders. (2014, February 28). What is Jurisdiction? Retrieved November 26, 2016, from Ipleaders: http://ipleaders.in/what-is-jurisdiction/

Kamal, R. (2014, September 23). Powers and Functions of Supreme Court in India . Retrieved November 26, 2016, from Importantindia: http://www.importantindia.com/11843/role-and-functions-of-supreme-court-in-india/

Kumar, A. P. (2016, July 12). How many judges does India really need? Retrieved November 26, 2016, from Livemint: http://www.livemint.com/Politics/3B97SMGhseobYhZ6qpAYoN/How-many-judges-does-India-really-need.html

Kurien, A. (2014, November 04). Structure of Indian judiciary . Retrieved November 26, 2016, from Slideshare: http://www.slideshare.net/ajaykurienayroor/structure-of-indian-judiciary

Nic. (2016, February 12). District Courts . Retrieved November 26, 2016, from Nic: http://indiancourts.nic.in/districtcourt.html

Pediaa. (2014, September 29). What is the Judiciary System in India . Retrieved November 26, 2016, from Pediaa: http://pediaa.com/what-is-the-judiciary-system-in-india/

Rana, K. (2014, August 19). Judicial System in India . Retrieved November 26, 2016, from Importantindia: http://www.importantindia.com/12248/judicial-system-in-india/

Sabharwal, Y. (2014). Role of judiciary in good governance . Retrieved November 26, 2016, from Highcourtchd: http://highcourtchd.gov.in/sub_pages/left_menu/publish/articles/articles_pdf/goodgovernance.pdf

Sethi, A. (2014, June 07). Powers and Functions of High court in India . Retrieved November 26, 2016, from Importantindia: http://www.importantindia.com/12418/powers-and-functions-of-high-court-in-india/

sinjini. (2015, February 04). Advisory Jurisdiction (Article 143) . Retrieved November 26, 2016, from Lawctopus: http://www.lawctopus.com/academike/advisory-jurisdiction-article-143/

Ssrana. (2015). Indian Court Structure . Retrieved November 26, 2016, from Ssrana: http://www.ssrana.in/Intellectual%20Property/IP-Enforcement-And-Litigation/IP-Indian-Courts-Structure-in-India.aspx

Subramani. (2016, September 24). President clears 15 new judges for Madras high court . Retrieved November 26, 2016, from Indiatimes: http://timesofindia.indiatimes.com/city/chennai/President-clears-15-new-judges-for-Madras-high-court/articleshow/54489476.cms

[1] Alok Prasanna Kumar, 2016, How many judges does India really need?

[2]  Ssrana, 2015, Indian Court Structure

[3] Gktoday, 2016, Supreme Court of India

[4] Clearias, 2014The Union Judiciary ie. The Supreme Court (Articles 124-147)

[5] Sinjini, 2015, Advisory Jurisdiction (Article 143)

[6] Indianetzone, 2013, High Courts in India

[7] Ipleaders, 2014, What is Jurisdiction?

[8] Subramani, 2016, President clears 15 new judges for Madras high court

[9] Nic, 2016, District Courts

[10] Ecourts, 2015, District Courts of India

[11] Kurien, 2014, Structure of Indian judiciary

[12] Rana Kamal, 2014, Judicial System in India

[13] Rana Kamal, 2014, Powers and Functions of Supreme Court in India

[14] Sethi Anamika, 2014, Powers and Functions of High court in India

[15] Sabharwal, 2014, Role of judiciary in good governance

[16] Archit Gupta, 2012, Judiciary System in India

[17] Pediaa, 2014, What is the Judiciary System in India

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Bipinchandra jaisinghbhai shah vs. prabhawati (1957), samar ghosh vs. jaya ghosh (2007), avinash singh bagri vs. registrar, iit, delhi (2009).

[…] https://blog.ipleaders.in/courts-justice-system-india/&nbsp ; […]

[…] The feature Indian judiciary system is its hierarchical structure of courts. There are different levels of judiciary system in India empowered with distinct type of courts. The courts are structured with very strong judiciary and hierarchical system as per the powers bestowed upon them. This system is strong enough to make limitation of court with its jurisdiction and exercise of the power. The Supreme Court of India is placed at the top of the hierarchical position followed by High Courts in the regional level and lower courts at micro level with the assignment of power and exercising of the same for the people of India[2]. […]

Good article about legal system in India. This will be useful for each and every one. Good work.. Regards Saravvanan R Advocate Rajendra Law office Chennai – 600037

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Judicial Accountability in India: Reforms, Challenges, and Progress

Table of Contents

Introduction.

The cornerstone of any democratic system is the idea of judicial accountability which makes sure that judges follow the laws and gain public confidence. In India, the journey towards establishing mechanisms for holding judges accountable has been a mixture of reforms, setbacks and breakthroughs. This paper will track these measures’ progress, discuss recent changes as well as investigate difficulties related to transparency and fairness within Indian judiciary.

Historical Perspective

Indian judicial system is based on English common law tradition but it has gone through many transformations over time. With an expanding and diversifying judiciary there arose a need for systems to ensure that judges can be held answerable for their actions.

1. The First Steps: The Judges ‘ Inquiry Act, 1968

The initial attempt at holding judges responsible was made by enacting this legislation which provided for investigation into allegations against them followed by removal where necessary. However, it could only work if initiated by government.

2. The Veeraswami Case and the Need for Independence

In 1991, Veeraswami C.J.I case brought out clearly the issue of independence in accountability matters; prior sanction from executive to investigate sitting judge was required according Supreme Court decision thus raising questions about relationship between two arms of state.

Landmark Reforms

Having recognized need for openness and justness, several significant changes aimed at enhancing judicial accountability have been witnessed in India.

1. National Judicial Appointments Commission (NJAC) Debate

Proposed as a substitute to collegium system which appoints judges behind closed doors without giving reasons or feedback; NJAC sought more openness plus checks during selection process but critics saw danger signs for independence hence being struck down by supreme court (2015).

2. In-House Mechanism

This came up with “in-house” mechanism wherein complaints are investigated internally within judiciary itself so as not compromise its independence while dealing with concerns over opacity in accounting procedures.

3. Right To Information Act (RTI)

The RTI Act has been instrumental in promoting transparency within the judiciary allowing citizens to seek information on court proceedings, judgments and administrative decisions thereby enhancing public oversight.

Recent Reforms

In recent times there have been renewed attempts at strengthening judicial accountability in India;

1. Sexual Harassment Allegations against Judges

Allegations of sexual harassment leveled against some members of higher bench led to calls for establishment an effective mechanism through which such complaints can be addressed; consequently supreme court laid down guidelines pertaining to dealing with sexual harassment cases within judiciary.

2. E-Courts and Digitization

E-courts systems were put in place coupled with digitization of records making them accessible electronically thus bringing about transparency; this move also reduced chances for corruption as well delays justice delivery seeing that now people can follow up their cases online.

However, despite all these efforts made so far there still exist challenges when it comes down ensuring total fairness as well complete openness in Indian judicial accountability measures.

1. Lack Of Uniformity

There being no standard way by which judge complaints should be handled leads to confusion since different courts might have dissimilar procedures hence resulting into discrimination among judges while treating them equally before law.

2. Judicial Resistance

At times judiciary resists external interference or monitoring citing fears over jeopardizing its autonomy; finding balance between answerability and independence continues to pose difficulties.

3. Delayed Justice

1. Delay in Addressing Complaints

The problem of dealing with complaints about judges is that it takes too long to solve them. Public trust in accountability systems can be destroyed by the lengthiness of investigation processes.

2. Lack of Uniformity

Accountability mechanisms should be consistent across different courts and jurisdictions. If not, they will not serve their purpose.

3. Judicial Resistance

Some judges might refuse or block efforts to hold them accountable for their actions. This resistance can come in various forms, from delaying proceedings to ignoring orders or even threats against whistleblowers.

4. Limited Public Awareness

Many people do not know what they can obtain through the RTI Act or how to complain about a judge. Therefore, without raising consciousness among citizens accountability cannot work effectively.

5. Political Influence

As long as politics interfere with appointing judges there will always exist the risk of undermining the independence of judicial organs which are supposed to uphold justice.

The process of creating judicial responsibility systems in India has been marked by successes and failures alike. Recent changes have tried making things more transparent and fair so that there is still some measure of accountability without sacrificing judicial independence altogether but this needs further work mainly because uniformity remains elusive, judges resist change too much sometimes leading to delayed justice;

public knowledge about rights under RTI act coupled with lack thereof on how file complaints against them persists; political interference could still compromise fairness during appointment procedures while necessary awareness creation among masses may not have been achieved yet given limited resources available towards such activities thus far suppressed by certain quarters fearing exposure if more light shed over these dark corners were allowed into them all at once would certainly cause ripples within our current dispensation leading ultimately back where we started again begging further consideration be made regarding this matter before us today: How does one ensure answerability within Indian courts?

Ensuring judicial accountability in India is important for upholding lawfulness and building democracy among other things such as trust from the public. The legal landscape of India is changing therefore a more holistic approach should be taken so as to ensure that judges are held responsible for their actions and decisions.

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The Republic of India is the most populous nation in the world with over 1.4 billion residents. India has twenty-two official languages including Hindi, Bengali, and Telugu and is the birthplace of Hinduism and Buddhism. The land that eventually became modern India was home to many different empires. The most expansive early civilization spanned parts of northwestern India, as well as Pakistan and Afghanistan. The Muslim Mughal Empire (1526-1857) is known for uniting Hindus and Muslims under a single state. Mughal emperor Shah Jahan commissioned the construction of the Taj Mahal.

The British East India Company – one of the largest monopolies in history — arrived on the continent in 1608, dominating European commerce in the region and evolving into a pseudo-nation state with vast economic power and a large army. After a failed rebellion by Indian sepoys, the British government took control of the company’s assets in 1858 and imposed formal rule over the Indian subcontinent. Opposition to the British persisted, eventually led by Mohandas K. Gandhi, a lawyer who championed nonviolent resistance against colonial rule. The British Raj ended in 1947. India and Pakistan became independent nations.

India has the longest national constitution in the world. The Constitution of India came into effect in 1950 and forms the backbone of India’s constitutional democracy. India’s legal system has elements of civil law, common law, customary and religious law.

International Law

International sources of law, such as treaties or signed conventions, can be enforced in India if they have been ratified and incorporated into Indian law. In certain cases, customary principles of international law can be applied and enforced even without formal ratification if the law in question is not inconsistent with Indian law. For example, in a recent decision, the Supreme Court declared the precautionary principle, a cornerstone of international environmental law, to be customary international law and so incorporated into Indian law. When an international law conflicts with domestic law, the latter prevails.

Judicial System

The Indian judiciary is a single integrated system. The constitution divides the judiciary into two parts: the superior judiciary (consisting of the Supreme Court and the High Courts) and the subordinate judiciary (the lower courts, which are under the supervision of the High Courts).

• The Supreme Court of India is India’s highest court and sits in New Delhi.
• There are 25 High Courts in India. Most of India’s twenty-eight states has one high court, although some high courts have jurisdiction over multiple states and territories.
• States are divided into districts, each of which has its own district court. With few exceptions, the district court has original jurisdiction for civil and criminal cases. When handling criminal matters, judges serve as “sessions judges” in “sessions courts.”
• The Central Administrative Tribunal, which handles disputes relating to public and civil servants
• The National and State Human Rights Commissions, for the protection of human rights
• The Competition Commission of India, which promotes and protects market competition
• Family courts, which specialize in cases involving marriage, inheritance, and guardianship of minors
• The Special Court of Central Bureau of Investigation, which handles cases involving corruption and bribery
• Specific High Courts and District Courts, which have a docket entirely of commercial cases of specific value, including arbitration cases.

Judicial Selection

The President formally appoints judges to the high courts and lower courts, in consultation with the Chief Justice of India as well as the high courts and state governors of regions with vacancies. Though the national constitution does not explicitly mandate it, India’s judicial selection model has been described as a “collegium system,” where groups of judges are responsible for judicial assignments. Candidates to the high courts and the supreme court of India are identified by the Chief Justice of India and the four senior-most members of the Supreme Court. They submit these names to India’s Minister of Law, who presents them to the president.

Judicial candidates must have a law degree and sit for a qualifying examination administered at the state level. Most applicants have at least seven years of legal practice before taking the exam. The exam includes a written and oral section and successful candidates are interviewed by the State Public Service Commission which selects candidates to undergo three years of training and internship as magistrate judges. After this period, magistrate judges may apply for elevation to a higher court and are promoted based upon the recommendations of state governors and members of the state’s high court.

Judicial Tenure

Justices of the Supreme Court and High Courts have life tenure and cannot be removed from office except for misconduct or incapacity. However, there is a mandatory retirement age: 65 years of age for supreme court justices, 62 years of age for high court justices, and 60 for district and sessions judges. Over the years, there have been calls to increase the retirement age.

The Supreme Court of India

Supreme Court judgments are binding on all courts, judicial authorities, and tribunals. The Supreme Court has the power of judicial review—that is, the power to declare unconstitutional acts of the legislature and executive.

The Supreme Court makes regular use of its power to appoint commissions of inquiry. These commissions investigate and provide further evidence in a case. This helps ensure the record is complete, without burdening the parties with the need to produce this evidence themselves. These commissions usually include lawyers, academics, and social workers, who investigate the allegations raised by the petitioner, engage in fact-finding, and report back to the Court. These reports are treated as prima facie evidence.

The Supreme Court has 33 justices who hear cases in panels of two or three depending upon the nature of the dispute. The court has a “constitution bench” of five or more justices to hear constitutional questions and other more complex legal issues.

When there is a vacancy on the Supreme Court, the Chief Justice consults with the four most senior justices of the court as to potential candidates. The Chief Justice also speaks with the most senior justice from the same state as the candidate. The Chief Justice refers his recommendation to the Union Minister of Law, Justice and Company Affairs who in turn sends the recommendation to the Prime Minister. Justices are then formally nominated by the President.

When there is a vacancy on the Supreme Court, the Chief Justice consults with the four most senior justices of the court as to potential candidates. The Chief Justice also speaks with the most senior justice from the same state as the candidate. The Chief Justice refers his recommendation to the Union Minister of Law, Justice and Company Affairs who in turn sends the recommendation to the Prime Minister. Justices are then formally nominated by the President. Justices of the Supreme Court cannot be removed from office except for misconduct or incapacity. The chief justice of the court is selected on the basis of seniority and, due to factors such as a justice’s age at appointment, the average term for a chief justice is 1.5 years.

The Suo Moto Petition

In suo moto cases, and other cases where the Supreme Court determines there is a significant power imbalance between the parties, the Supreme Court has innovated new procedures, including:

Relaxing standing doctrines. Rather than requiring a petitioner have suffered actual injury to have standing to sue, the Indian Supreme Court has permitted NGOs, social action groups, and individuals acting on behalf of others to sue to defend fundamental constitutional rights. Some of these suits result in the Court’s suo moto cognizance of the same case.

Acknowledging the imbalance of power between parties in the adversarial system. In these cases, the Court will be more proactive in ascertaining certain facts, or will shift the rebuttable presumptions, in an effort to create a fairer process between the two parties.

Innovating remedies. The Supreme Court has created a new range of remedies that are proactive and reactive, seeking to ameliorate constitutional, civil, and criminal wrongs all at once, saving the petitioner from having to return to court on multiple occasions to receive full redress.

Specifically retaining jurisdiction over the matter, and monitoring compliance with Court orders. Retaining jurisdiction permits a court to continue to issue orders and directives until final judgment is appropriate. The Court can also more easily monitor compliance and re-direct the commission’s inquiry as necessary.

In 2020, the Court had ten suo moto cases, the most of any year. In June 2021, the Court had eighteen pending suo moto cases, some of which were “continuing mandamus” cases, in which the Court retained jurisdiction to continue to issue orders as necessary, without having to open a new case.

Some notable examples of cases the Supreme Court has considered suo moto include:

An NGO dedicated to workers’ rights sent a letter to the Supreme Court alleging intolerable working conditions in certain stone quarries. Citing its suo moto power under Article 32 of the constitution, the Supreme Court took up this case and appointed a well-known professor of sociology to investigate the conditions of the stone quarry workers. On the basis of this report, the Supreme Court issued further orders to protect the workers’ fundamental rights.

In 2012, Parliament enacted the Protection of Children from Sexual Offenses Act (POCSO), legislation creating new procedures for reporting cases and specialized courts. The law requires cases to be disposed within a year of the offense being reported. The early numbers were not encouraging, and the Supreme Court registered a suo moto petition. In July 2019, the Court appointed a senior counsel to collect information about pending POCSO cases and report on their progress.

In 2015, a video of a gang rape circulated on social media in India. An NGO wrote to the Supreme Court, drawing its attention to the proliferation of such videos and and their viral circulation on social media. Based on the letter, the Court lodged a suo moto petition. The Court created a committee to advise the court on “the feasibility of ensuring that videos depicting rape, gang rape and child pornography are not available for circulation.” The committee was tasked with reporting on available technology solutions, for example auto-blocking software and filtering.

The Supreme Court has also made increasing use of the suo moto power to cope with the COVID-19 pandemic. In one case, the Court ordered the government to draft a national policy for the distribution of supplies, including oxygen, essential drugs, and vaccines. It directed the government to distribute supplies and essential services in an “even handed manner according to the advice of health authority which undoubtedly take into account relevant factors like severity, susceptibility, the number of people affected and the local availability of resources.” In another case, the Supreme Court questioned whether the government had an adequate plan to vaccinate people living in rural areas of the country.

Judicial Education

India’s National Judicial Academy, located in Bhopal, Madhya Pradesh, was established in 1993 and develops programs for judges sitting on the high courts and district judiciary. The curriculum includes workshops on emerging areas of law and practice as well as seminars on the administration of justice. The Academy also hosts judges from other countries for week-long programs, including Bangladesh, Malaysia, and Myanmar. There are also state judicial academies across India that provide induction training for newly appointed lower court judges as well as in-service programs for experienced judges.

Framing of Charges

Criminal proceedings usually commence with the police filing of a First Information Report (the complaint). If an investigation reveals that a crime has been committed, a charge sheet (police report) setting forth the allegations is submitted to the court. The court reviews the charge sheet to assess whether there is enough evidence to proceed and, if so, it “takes cognizance” of the charges.

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• About the Judiciary System of India

The Judiciary system of India is law and rules stated for the welfare of citizens. It is responsible to ensure and re-enforce law and order. To know more about the Judiciary system of India explore the article further.!!

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Judiciary system of india.

Judicial System or the court system is also the Judiciary System. The court has the power to make decisions and also enforce the law, solve disputes. Judiciary system consists of Judges and other magistrates, they form the bench or the core of the judiciary system.

On 26 January 1950, the Indian Constitution was written and it is worlds largest constitution written. The constitution is the source of law in India and also the supreme law of India. Judicial System of India consists of Supreme Court, High Court, District Court or Subordinate Court.

Supreme Court of India

Under the constitution of India, the supreme court is the final court of appeal. Hence has the chief justice of India, including 30 judges and other judges for advisory jurisdiction. Unsolved or still in dispute cases are leveled up to Supreme court to reattain justice. If the supreme court declares a law it is binding on all other courts of all States and Union territory . Every court building has 15 courtrooms. the Eligibility to become a Chief justice is:

 Learn more About Our Criminal Justice System here in detail

• The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.
• A distinguished judge in the opinion of the President of India.

High Court of India

Under the constitution of India, every state should regard to one high court. Mumbai high court id the oldest high court in India. Every High court has 94 judges out of which 71 are permanent and 23 are additional judges. High court deals with economic issues and legal documentation. These courts also have an additional set of legal professionals. Eligibility for a high court judge is

• He should be a citizen of India.
• An advocate should have at least 10 years of practice in any court.

District Court of India

Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court. District courts are established according to the population distribution of the district and state. It looks after the Civil and criminal matters of the district. A law declared by the district court is applicable to all subordinate courts. Since District court is at a higher hierarchical level. Eligibility for judge in district court is

• He should be a citizen of India
• An advocate should have at least practice for 7 years.

Solved Examples for You

Question 1. Who has the right under the Constitution to seek the opinion of the Supreme Court on the question of law?

• Any High Court
• Prime Minister
• All of these

Answer: President.

Question 2. Which high court has the jurisdiction over Andaman and Nicobar Islands?

• Kolkata High Court
• Bombay High Court
• Delhi High Court
• Madras High Court

Answer: Kolkata High Court.

Question 3. Who has the power to remove the judge of the Supreme Court?

• Chief Justice of Supreme Court
• Only President
• Only Parliament
• Both President and parliament

Answer: Both the President and Parliament.

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The Judiciary System Of India

5 responses to “about the judiciary system of india”.

Indian Judiciary system is outdated now. Particularly Rapists are taking benefit of this week system. Just think about INNOCENT NIRBHAYA RAPE CASE. Her parents are dying everyday by facing the stupid laws. Those 4 criminals are taking benefit of this so called stupid system. This is clear worldwide that those 4 criminals raped and killed that innocent girl but still those wild animals are not hanged. infect they should be burns alive in front of the public within 6 months. They have many rights to appeal in this stupid system. Rapes and killing will be continue if we did not change this Judiciary system. Think about the innocent girls who have been raped and killed and about their parents. Kindly hang those 4 bastard as soon as possible who raped and killed Nirbhaya. Please please ????????????

A matter to be given importance.. it will surely take time but the need of the hour is to handle every situation and every conversation with law itself.. #weneedchange #weneedgoodpeopleinjudiciary

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Legislature, Executive and Judiciary- Three Pillars of Indian Democracy

The Legislature, the Executive and the Judiciary are the three main organs of the government. These organs do not work in isolation to each other but are interdependent to ensure proper and systematic functioning of the government. Though the Indian Constitution does not explicitly talk about the relation between these three powerful institutions through various provisions a system of ‘Checks and Balances’ has been established and there is a clear separation of powers. These two doctrines have been adopted from the 18th-century French scholar, Montesquieu who believed that ‘Power corrupts Power and Power checks Power’.

The Constitution has not adopted the doctrine of Separation of powers in its strict sense, as all the three organs do not work separately or independent one another. The function of each organ cuts across the functions of another organ and is dependent on it also. Let’s analyze this in detail.

India has adopted a Parliamentary form of government from Britain. The Parliament or the legislature performs the function of making laws. The executive, executes or implements the laws enacted by the Parliament and the judiciary interprets these laws. Thus, in accordance with Trias Politica model of Montesquieu the Indian Constitution provides for 3 different branches of the government with separate functions. It was observed by Justice Mukherjea in Ram Jawaya v. State of Punjab that : “The Indian Constitution has not indeed recognized the doctrine of Separation of Powers in its absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can be very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to one another.”

Let us look at how these organs are dependent on each other.

Legislature:

The legislature or the Parliament comprises of the Lok Sabha and the Rajya Sabha . As stated earlier, its main function is to enact and formulate laws. It also imposes taxes, authorizes borrowing, and prepares and implements the budget, etc. The legislative powers have been given to the parliament and there is no limitation on its powers. But the judiciary and executive aid the legislature in carrying out its functions. The judiciary interprets the Constitution and makes sure that the laws passed by the Parliament are constitutionally valid. It engages in judicial review of the acts of the Parliament and keeps a check on the Parliament’s power. The executive, i.e the Prime Minister and his Council of Ministers have the power to make laws through notices and ordinances to aid the Legislature. The Executive also has the power to refuse laws(through President’s veto). It is not that the Executive’s power supersedes that of the Parliament, or vice versa, it is just that the legislature is dependent on the executive and judiciary. The judiciary also settles the dispute with respect to the scope and nature of the power of the legislature and can also issue guidelines and recommendations while deciding on important issues. For example, the Vishakha guidelines for sexual harassment in workplace(Vishakha v. State of Rajasthan).

The Executive has wide-ranging powers to refuse laws, command the military, make verdicts, ordinances and declarations, grant mercy to criminals, etc. But the executive is accountable to the legislature for its actions. The notices, rules and ordinances passed by the executive only become ordinary laws when passed by the legislature, therefore curbing the powers of the executive. The executive is answerable for its actions to the legislature and the judiciary. As India follows a parliamentary form of government, the powers of the executive are thus limited. Such a system of checks and balances ensures that no organ wields excessive power. The judges of the supreme court also have an advisory jurisdiction over the President, where the president can consult the Supreme Court on important issues.

Read Also: Distribution Of Powers in the Indian Constitution

The Constitution provides for the independence of the judiciary, a strong feature of our democracy. The primary role of the judiciary is the administration of justice. The judiciary comprises the Supreme Court , the High Courts and the district courts at the lower level. The judiciary is dependent on the executive as it is the president that appoints the judges in the Supreme Court, and the Chief justices of the high court which in turn appoint the judges in the lower courts. Thus, the functioning of the judiciary is dependent on the executive. The legislature has the power to impeach a judge of the Supreme court and the high court on reasonable grounds.

Read Also: Short Note on Indian Judiciary

Conclusion:

The Indian Constitution has maintained a proper balance between the three branches of government to ensure that neither of them wield excessive or arbitrary power. There is a proper system of checks and balances and an inter-dependency. All 3 organs need the other institutions in order to function smoothly and fuel our democracy.

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Dewangi Sharma

ILS Law College, Pune

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History of Indian Judiciary

Last updated on October 10, 2023 by ClearIAS Team

The history of the Indian judiciary is a rich and evolving one, spanning centuries of legal developments, colonial influences, and post-independence reforms. Read here to learn the key aspects of the judicial history of India as well as the modernization steps taken.

The History of the Indian Judiciary has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law.

India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization .

Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads, and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists.

Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16 th  – 19 th  centuries) with the latter giving way to the current common law system.

Also read: Judicial infrastructure in India

Table of Contents

The history of the Indian Judiciary and India’s legal system has ancient roots, with historical texts like the Manusmriti and Arthashastra containing legal principles and codes.

During this period, local rulers and kingdoms had their systems of justice, with local courts resolving disputes based on customary law.

Ancient Period

The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in several branches of the Vedic schools.

During the first seven centuries of the Christian era, there evolved several Dharma sastras that dealt extensively with Manu, Yajnavalkya, Narda, Parashara smritis, etc.

In ancient India, the lowest court was the family court starting from the family arbitrator and the judge at the highest pedestal was the king.

• One of the primary duties of the sovereign was the dispensation of justice, and in this process, the King was aided by his counselors and ministers.
• As civilization advanced and the duties of the King were delegated to the judges who knew the Vedas.
• Justice was administered based on ‘dharma’ or a structure of rules specifying the responsibilities that an individual must fulfill in his life. Customs served as a source of law. This system continued till the Mughal period.

Medieval period

In medieval India, the religious leaders endeavored to transform Islam into a religion of law, but as custodians of justice, the rulers made the Sharia, a court subservient to their sovereign power.

Theoretically, the rulers had to be obedient to the Sharia and history speaks about certain cases where sovereigns unresistingly submitted to the Qazi’s decision.

• Every provincial capital and every large town had a Qazi.
• The Qazis held the trial in the presence of the parties and were expected to write their legal documents very carefully.
• The King was the highest court of appeal. The rulers sat in a Court known as Mazalim (complaints).
• According to Ibn Battuta, Muhammad bin Tughalaq, ruler of the Tughalaq dynasty , heard complaints each Monday and Thursday.

From the 13th century onwards, an officer known as Amir-i- dad presided over the secular Court in the sultan’s absence.

• He was also responsible for implementing Qazis’ decisions and for drawing their attention to the cases which constituted a miscarriage of justice.

The Muftis were the experts on Sharia law and gave Fatwas (formal legal rulings) on disputes referred to them by members of the public or qazis.

• The Chief Judge of the sultanate was known as the qazi –i- mamalik also known as the qazi- ul- quzat.

During the Mughals period , the secular judge was known as Mir- adl. He acted as a judge on the emperor’s behalf.

• He was required to make impartial and personal inquiries. He was also responsible for implementing Qazi’s decisions.
• Emperor Akbar also appointed two officers, called tui-begis, to supervise the adherence to the law and fixed a nominal amount as their fee.
• The same system was followed till the British took over the power of India.

Colonial Era (17th to 20th Century)

The modern judicial system in India has its foundations in the colonial era. The East India Company established courts with European judges applying English law.

• The British introduced the common law system in India and established the Sadar Diwani Adalat. They were later followed by the establishment of high courts.
• The promulgation of Regulating Act of 1773 by the King of England paved the way for the establishment of the Supreme Court of Judicature at Calcutta.
• The Supreme Courts at Madras and Bombay were established by King George III on 26 December 1800 and on 8 December 1823 respectively.
• The establishment of the Calcutta High Court in 1862 marked a significant step in creating a formal legal framework and abolished Supreme Courts at Calcutta, Madras, and Bombay and also the Sadar Adalats in Presidency towns.

Indian High Courts Act of 1861: This act established high courts in Calcutta, Bombay, and Madras. These high courts became the apex courts in their respective regions, hearing appeals and original jurisdiction cases.

Government of India Act, 1919: This act introduced reforms in the judicial system, including the separation of the judiciary from executive control. It also introduced the concept of diarchy, giving limited self-governance to provinces.

Government of India Act, 1935: This act further expanded the powers and responsibilities of the provincial and central legislatures. It established the Federal Court of India as the highest court, with jurisdiction over constitutional matters.

Coding of law also began in earnest with the forming of the first Law Commission.

• Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted, and brought into force by 1862.
• The Code of Criminal Procedure was also drafted by the same commission along with a host of other statutes and codes like the Evidence Act (1872) and the Contracts Act (1872).

Culmination of the history of Indian Judiciary: Independence and Formation of the Supreme Court

After India gained independence in 1947, the Constitution of India was adopted in 1950.

The Supreme Court of India was established as the highest court in the country, with the power of judicial review over legislative and executive actions.

In the 1980s, the judiciary expanded its role in social justice by allowing public interest litigation, enabling individuals and organizations to approach the courts to address issues affecting public interest.

Over the years, the Indian judiciary has played a crucial role in interpreting the Constitution and protecting fundamental rights.

• Landmark cases like Kesavananda Bharati v. State of Kerala (1973) established the doctrine of basic structure and upheld the supremacy of the Constitution.

The Indian judiciary has undergone various reforms to improve efficiency, accessibility, and accountability.

• The introduction of the National Judicial Appointments Commission (NJAC) was an attempt to reform the process of judicial appointments, though it was struck down by the Supreme Court in 2015.

Also read: Women in Judiciary

Modernization of Indian Judiciary

As a part of the National eGovernance Plan , the Government has launched the eCourts Mission Mode Project which is under implementation for ICT development of the District & Sub-ordinate courts in the country based on the “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary”.

• It is being implemented by the Department of Justice in association with the e-Committee Supreme Court of India.
• Phase I (2011-15) was aimed at the basic computerization of courts and providing local network connectivity was done.
• Phase II of the project started in 2015 for the installation of video conferencing infrastructure. 18,735 District and subordinate courts have been computerized till Phase II.

In the eCourts Project, the Government has taken the following initiatives to make justice accessible and available for all using technology:

• Under the Wide Area Network (WAN) Project connectivity has been provided to 99.4% of total Court Complexes across India with 10 Mbps to 100 Mbps bandwidth speed.
• National Judicial Data Grid (NJDG) is a database of orders, judgments, and cases, created as an online platform under the eCourts Project.
• Case Information Software (CIS) based on customized Free and Open-Source Software (FOSS) has been developed.
• Live Streaming of court proceedings has been started in the High Courts of Gujarat, Gauhati, Orissa, Karnataka, Jharkhand, Patna, Madhya Pradesh &Constitutional Bench of Hon’ble Supreme Court of India thus allowing media and other interested persons to join the proceedings.
• 2 2 Virtual Courts in 18 States/UTs have been operationalized to handle traffic challan cases.
• A new e-filing system (version 3.0) has been rolled out for the electronic filing of legal papers with upgraded features.
• e-Filing of cases requires the option for electronic payment of fees which includes court fees, fines, and penalties which are directly payable to the Consolidated Fund.
• To bridge the digital divide, 819 eSewa Kendras have been rolled out to facilitate the lawyer or litigant who needs any kind of assistance ranging from information to facilitation and eFiling.
• In addition to eSewa Kendras, as part of the DISHA (Designing Innovative Solutions for Holistic Access to Justice) scheme the Government of India launched the Tele Law program in 2017, which provides an effective and reliable e-interface platform connecting the needy and disadvantaged sections seeking legal advice and consultation with panel lawyers via video conferencing, telephone, and chat facilities available at the Common Service Centres (CSCs) situated in Gram Panchayat and through Tele-Law mobile App.
• National Service and Tracking of Electronic Processes (NSTEP) has been launched for technology-enabled process serving and issuing of summons.

Also read: Indianisation of Judiciary

The Indian judiciary continues to face challenges such as a backlog of cases, delays in justice delivery, and the need for judicial reforms.

Efforts are being made to address these issues through technological advancements and systemic changes.

Also read: The Union Judiciary i e. The Supreme Court (Articles 124-147)

-Article by Swathi Satish

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Judiciary system in India

Author Name:   Bhagwati Dan Charan

The supreme court of india is the highest court of the land as established by part v, chapter iv of the constitution of india. according to the constitution of india....

Supreme Court:- The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the provincial High Courts. But it also takes writ petitions in cases of serious human rights violations or if a case involves a serious issue that needs immediate resolution. Composition of the courts:- The supreme court of India consist if a chief justice and, until parliament may by law prescribed a large number, not more than seven other judges. Thus parliament increase the number this number, by law. Originally the total numbers of judges were seven but in 1977 this was increased to 17 excluding the chief justice. In 1986 this number has been increased to 25 excluding the chief justice. Thus the total number of judges in the Supreme Court at present is 26 including the chief justice. The constitution does not provide for the minimum number of judges who will constitute a bench for hearing cases. Qualification of the judges of the supreme court of India:- The qualifications of the judges are as follows:- Under Art. 124(3) of the constitution talk about the qualifications of judges that are: a) He should be a citizen of India. b) He should have been at least five year a judge of a high court or of two or more such courts in succession; or he should have been for at least 10 years an advocate of high court or of two or more such court in succession. c) He is in the opinion of the president a distinguished jurist. Appointment of judges: The judges of the high court are appointed by the president. The chief justice of Supreme Court is appointed by the president with the consultation of such of judges of the supreme and high court as he deemed necessary for the purpose. But in appointment of the other judges the president shall always consult the chief justice of India. He may consult he may consult such other judges of the supreme court and high court as he may deemed necessary. It should, however be noted that the power of the president to appoint judges is purely formal because in this matter he act on the advice of the council of ministers. There was a apprehension that executive may bring politics in the appointment of the judges. The Indian constitution therefore does not leave the appointment of judges on the discretion of the executive. The executive under this art. Is required to consult persons who are ex-hypothesis well qualified to give proper advice in matters of appointment of judges. Under Art. 124(2) the president, in appointment other judges of the supreme court is bound to consult chief justice of India but in appointment the chief justice of India he is not bound to consult anyone. The word may used in art 124 makes clear that it is not mandatory on him to consult anyone. Removal of judges:- Impeachment:-Art.124(4)(5):- A judge may only be removed from his office by an order of the president on ground of proved misbehavior or incapacity. The order of the president can only be passed after it has been addressed to both houses of parliament in the same session. The address must be supported by a majority of total membership of that house and also by the majority not less than 2/3 of the members of that house present or voting. The processor of the investigation and proof of the misbehavior or incapacity of a judge will be determined by the parliament by law. The security of the tenure of the Supreme Court judges has been ensured by this provision of the constitution. Jurisdiction of Supreme Court [1] Article 129 states: Supreme Court to be a court of record.—The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The Supreme Court has original, appellate and advisory jurisdiction as well. Original jurisdiction Article 131 states: Original jurisdiction of the Supreme Court.—Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) Between the Government of India and one or more States; or (b) Between the Government of India and any State or States on one side and one or more other States on the other; or (c) Between two or more States, Appellate Jurisdiction Article 132 states: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases Art. 132 (1) states ‘An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution.’ Art. 132 (3) states ‘Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.’ Article133 states: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters. Art. 133 (1) states ‘An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under article 134A’.Certain preconditions are: (a) That the case involves a substantial question of law of general importance; and (b) That in the opinion of the High Court the said question needs to be decided by the Supreme Court. Art. 133 (2) states ‘Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.’ Art. 133 (3) states ‘notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.’ Article 134 states: Appellate jurisdiction of Supreme Court in regard to criminal matters. Art. 134 (1) states ‘An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court.’ (a) The High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) The High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) The High Court certifies under article 134A that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require. Art. 134 (2) states ‘Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.’ Article 136 states: Special leave to appeal by the Supreme Court. Article 136 (1) states ‘Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.’ Article 136 (2) states ‘Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.’ Article 137 states: Review of judgments or orders by the Supreme Court.— Subject to the provisions of any law made by Parliament or any rules made under article 145, the made by it. Article 139A states: Transfer of certain cases.— Article 139A (1) states ‘Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.’ Article 139A (2) states ‘The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.’ Article 141 states: Law declared by Supreme Court to be binding on all courts.— ‘The law declared by the Supreme Court shall be binding on all courts within the territory of India.’ Advisory Jurisdiction Article 143 states: Power of President to consult Supreme Court. — Article 143 (1) states ‘If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.’ Article 143 (2) states ‘The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.’ High Court India's judicial system is made up of the Supreme Court of India at the apex of the hierarchy for the entire country and twenty-one High Courts at the top of the hierarchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are instituted as constitutional courts under Part VI, Chapter V, and Article 214 of the Indian Constitution The High Courts are the principal civil courts of original jurisdiction in the state, and can try all offences including those punishable with death. Jurisdiction of High Court Article 226 states: Power of High Courts to issue certain writs. Article 226 (1) states ‘Notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.’ Article 226 (2) states ‘The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.’ Article 226 (3) states ‘Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without— (a) Furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) Giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favor such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.’ Article 226 (4) states ‘The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.’ Writ jurisdiction:- Habeas Corpus:- (Latin: You (shall) have the body) is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. Mandamus:- simply mandamus, means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly". Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. Quo Warranto:- quo warranto usually arises in a civil case as a plaintiff's claim (and thus a "cause of action" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires ) those authorized by statute or by the corporation's charter. Certiorari:- certiorary is a legal term in Roman, English, and American law referring to a type of writ seeking judicial review. Certiorari ("to be shown") is the present passive infinitive of Latin certiorari, ("to show, prove or ascertain"). A writ of certiorari currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. Prohibition:- prohibition is an official legal document drafted and issued by a Supreme Court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right. Prohibition and certiorari lie only against judicial and quasi-judicial bodies. They do not lie against public authority in an executive or administrative capacity or a legislative body. Article 227 states: Power of superintendence over all courts by the High Court.— Article 227 (1) states ‘Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.’ Article 227 (2) states ‘Without prejudice to the generality of the foregoing provision, the High Court may— (a) Call for returns from such courts; (b) Make an issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. Article 227 (3) states ‘The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. Article 227 (4) states ‘Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.’ Lower Courts:- States are divided into districts (zillas), and within each a judge presides as a district judge over civil cases. A sessions judge presides over criminal cases. The judges are appointed by the governor in consultation with the state's high court. District courts are subordinate to the authority of their high court. There is a hierarchy of judicial officials below the district level. Many officials are selected through competitive examination by the state's public service commission. Civil cases at the sub district level are filed in munsif (sub district) courts. Lesser criminal cases are entrusted to the courts of subordinate magistrates functioning under the supervisory authority of a district magistrate. All magistrates are under the supervision of the high court. At the village level, disputes are frequently resolved by Panchayat or Lok Adalat (people's courts). The judicial system retains substantial legitimacy in the eyes of many Indians despite its politicization since the 1970s. In fact, as illustrated by the rise of social action litigation in the 1980s and 1990s, many Indians turn to the courts to redress grievances with other social and political institutions. It is frequently observed that Indians are highly litigious, which has contributed to a growing backlog of cases. Indeed, the Supreme Court was reported to have more than 150,000 cases pending in 1990, the high courts had some 2 million cases pending, and the lower courts had a substantially greater backlog. Research findings in the early 1990s show that the backlogs at levels below the Supreme Court are the result of delays in the litigation process and the large number of decisions that are appealed and not the result of an increase in the number of new cases filed. Coupled with public perceptions of politicization, the growing inability of the courts to resolve disputes expeditiously threatens to erode the remaining legitimacy of the judicial system.

Hierarchy of Courts in Criminal matters

* Supreme Court * High Court * Sessions Court * Assistant Sessions Judge         * Chief Metropolitan   Magistrate              * Chief Judicial   Magistrate * Metropolitan  Magistrate                                      * Special Metropolitan Magistrate Sub Divisional                                        Judicial Magistrate * Judicial Magistrate of                                                                          * Judicial Magistrate of First Class                                                                                                     Second Class

Powers and punishments given by different Courts under sessions court: · Sessions court: Life imprisonment and below, no death penalty and fine. · Assistant Sessions Judge: Up to 10 years and fine. · Chief Metropolitan magistrate: Up to 7 years and fine. · Chief Judicial Magistrate: Up to 7 years and fine. · Sub Divisional Judicial Magistrate: Up to 3 years and Rs. 10,000 fine. · Judicial Magistrate Of First Class (Taluka level): Up to 3 years and Rs.10,000 fine. · Judicial Magistrate Of Second Class (Taluka level): Up to 1 year and Rs.5,000 fine. · Metropolitan magistrate: Up to 3 years and Rs. 10,000 fine. · Special Metropolitan magistrate: Up to 3 years and Rs. 10,000 fine.

Author Bio:   Bhagwati Dan Charan,student IX SEMESTER,ILNU,Ahmedabad.

Email:   [email protected], website:   http://www., how to submit your article:, follow the procedure below to submit your articles, file your copyright - right now.

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Krisha Mehta

Strengths And Weaknesses Of The Indian Judiciary

Coverage of this Article

Introduction .

-The Preamble speaks of “We, the people of India '' resolving to secure inter alia “Justice – social, economic and political” to “all its citizens” and hence the judiciary becomes highly essential.

Strengths of the Indian Judiciary

• Presumption of innocence of accused: The accused is presumed to be innocent until proven guilty. The accused possesses this presumption when he is before the trial court. The trial court's acquittal bolsters the presumption that he is innocent. Presumption of innocence is a human right. Article 21 in view of its expansive meaning not only protects life and liberty but also envisages a fair procedure. Liberty of a person should not ordinarily be interfered with unless there exist cogent grounds

Weaknesses of the Judiciary

-Pending cases – One of the major flaws that the Indian judiciary faces are the number of pending cases. Justice delayed is justice denied. There are over four crore cases pending in India! This is one of the deepest concerns of the system.

-Even though the judiciary has been a remarkable success since its establishment, there are certain flaws that cannot be overlooked.

The Preamble speaks of “We, the people of India '' resolving to secure inter alia “Justice – social, economic and political” to “all its citizens” and hence the judiciary becomes highly essential. A nation without a Judiciary will never see justice, will never have anything to stop the rainy days of unlawful activities, will not have an independent authority to govern the other bodies - namely legislature and executive. Judiciary is the backbone of the nation Judiciary checks and balances all the other bodies as well. The role played by Judiciary is highly appraisable. It Is moving its approach from outdated methods of punishment towards innovative methods of punishment. The efforts that Judiciary takes towards the welfare of a nation has found recognition over the past years uncollected lots of appreciation. We additionally require the governor of law for rebuffing all deviations and failures from the set of principles and standard of conduct which have not been adhered to. A nation with a weak judiciary is an alarm to the nation’s security, economy, social and political wellbeing. The Constitution specifically empowers the judiciary to protect the human rights in the form of fundamental rights enumerated in our Constitution and in case of any violation of the fundamental rights of the citizens, the judiciary has been empowered to protect and restore the same. The subordinate judiciary being easily accessible to the common citizenry is supposed to come first to the rescue and protection of human rights of the citizens. Since the inception of the Constitution, the country has been governed by rule of law and not by the whims of any individual authorities. The object behind various legislations and creation of different organs of the State is nothing but to ensure the overall welfare of the citizens and to protect their life, liberty, dignity and fundamental human rights. Apart from the higher judiciary, the subordinate courts do also play a very important role in protecting the human rights of the citizens. The subordinate judiciary being easily accessible by the masses, comes first to protect the human rights of the citizens. Different agencies of the executive like police, jail and others are often blamed for violation of human rights of the citizens. The Supreme Court has over the years taken many pains in issuing directions and guidelines to the subordinate judiciary for protection of human rights of the citizens. Different agencies of the executive have also been repeatedly directed by the Supreme Court not to violate the human rights of the citizens. Over the last few years, there has been increasing interest and discussions around the requirement of data to measure judicial efficiency and to better understand the interlinkages between judicial efficiency and socioeconomic factors.

The judiciary in many ways upholds the rule of law 

• Right to property as human right: The right of property is now considered to be not only a constitutional right but also a human right. The (French) Declaration of Human and Civil Rights of 1789 enunciates the scope of the right under Article 17 and so does Article 17 of the Universal Declaration of Human Rights, 1948 adopted in the United Nations General Assembly. Earlier human rights were restricted to the claim of individual’s right to health, right to livelihood, right to shelter and employment, etc. but now human rights have started gaining a multifaceted approach. Now property rights are also incorporated within the definition of human rights. Even claims of adverse possession have to be read in consonance with human rights. 
• Acquisition of Learning as Human Right: Desire to acquire more qualification or learning is an inherent human right.
• Noise pollution as violative of human rights: As regards the noise pollution spread by loudspeakers and amplifiers or other gadgets which produce offending noise, it has been held by the Supreme Court that the same is violative of human rights. Silence is considered to be golden. It is considered to be one of the human rights as noise is injurious to human health which is required to be preserved at any cost. Interpreting the provisions of the Environment (Protection) Act, 1986 and the Noise Pollution (regulation and Control) Rules, 2000, it has been held by the Hon'ble Supreme Court that noise pollution is violative of Articles 14 & 21 of the Constitution.
• Horn of vehicles not to be blown/used at night between 10 pm to 6 am in residential areas except in exceptional circumstances.
• Dead person’s human right as to dignified treatment of dead body and last rites: Right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living person but also to his body after his death. Right to decent burial commensurate with the dignity of the individual is a recognized facet of the right to life guaranteed under Article 21 of the Constitution.
• Gender equality as human right: In terms of Articles 14 and 15 of the Constitution of India, the female heirs, subject to the statutory rule operating in that field, are required to be treated equally to the male heirs. Gender equality is recognized by the world community in general in the human rights regime.
• To be vegetarian or non-vegetarian is a right to privacy & fundamental right under Article 21 of the Constitution: A large number of people are non-vegetarian, and they cannot be compelled to become vegetarian for a long period. What one eats is one’s personal affairs and it is a part of his right to privacy which is included in Article 21 of our Constitution. To be vegetarian or non- vegetarian is one’s personal affair and part of his right of privacy. The right to privacy is implicit in the right to life and liberty guaranteed by Article 21 of the Constitution.
• Arrest when amounts to violation of human rights: Irrational and indiscriminate arrest are gross violations of human rights.
• Awarding compensation to victim whose fundamental rights under Article 21 are violated is the duty of Courts to protect rule of law in a welfare nation: It is now well settled that the award of compensation against the State is an appropriate and effective remedy for redressal of an established infringement of a fundamental right under Article 21 of the Constitution by a public servant. The quantum of compensation will, however, depend upon the facts and circumstances of each case.
• Pending cases – One of the major flaws that the Indian judiciary faces are the number of pending cases. Justice delayed is justice denied. There are over four crore cases pending in India! This is one of the deepest concerns of the system.
• Our Apex Court is the Privy Council and not part of the Judicial System.
• There is no Justice in the Judiciary System except for Arbitration, Mediation and Captivation.
• Another flaw in the Judiciary is funding.
• Corruption makes justice not only impossible but also makes people lose faith in the only medium of hope for unlawful activities. Corruption in India keeps getting higher.
• System is opaque – The selection of judges, appointments of assistants, etc, all lack transparency.
• Lack of awareness – Lack of information and interaction amongst people and courts, specially lack of awareness in rural areas and unprivileged sections.

Even though the judiciary has been a remarkable success since its establishment, there are certain flaws that cannot be overlooked. Judiciary may work at its best and yet not be able to serve people the best. Judiciary is the highest when it has an uninterrupted flow of judicial activism and is faithful towards the welfare of its citizens. Once the issues are looked into and solved, we should have a great justice system.

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Judicial Pendency in India

  gs paper 2,   syllabus: indian judiciary.

Context:  Blaming court vacations for pending cases overlooks deeper issues plaguing India’s judiciary, including unfilled vacancies and lack of infrastructure. The problem extends beyond judges’ schedules and requires comprehensive solutions.

  As of September 2023, the Supreme Court of India has 80,344 pending cases, with 78% being civil matters and 22% criminal . In 2023, the court disposed of 36,164 out of 37,777 cases filed. Over 4,000 pending cases are more than a decade old.

Causes for huge pendency of cases:

Consequences of pendency:.

• Denial of ‘timely justice’ amounts to a denial of ‘justice’ itself : Timely disposal of cases is essential to maintain the rule of law and provide access to justice.
• lower per capita income;
• higher poverty rates;
• poorer public infrastructure; and
• higher crime rates.
• Affects human rights: Overcrowding of the prisons results in “violation of human rights”.

Way forward:  

• Split the Supreme Court into Two Divisions: The 10 th Law Commission proposed to divide the Supreme Court into a Constitutional Division and a Legal Division, focusing on specific areas of law to streamline cases.
• Establish a National Court of Appeal for SLPs: SC had previously suggested the creation of a specialized court to handle special leave petitions, allowing the Supreme Court to focus on constitutional and public law issues.
• Establish Regional Benches of Supreme Court : Recommendation (229th Law Commission Report, 2009) to set up regional benches in Delhi, Chennai/Hyderabad, Kolkata, and Mumbai to hear non-constitutional cases and reduce the backlog.
• The 2009 Law Commission, in its 230th report, suggested that court vacations be cut down by 10-15 days at all levels of the judiciary to help cut the backlog of cases.
• Establish a Final Court of Appeal and a Permanent Constitution Bench : Suggestions to separate the Supreme Court’s functions into a Final Court of Appeal and a dedicated Constitution Bench for better efficiency and consistency.
• Establish a Dedicated Authority for Infrastructure : Proposal (by  Former CJI NV Ramanna) to create a National Judicial Infrastructure Authority of India (NJIAI) to improve judicial infrastructure across the country.
• Lok Adalat should be organized regularly for settling civil and family matters .
• Gram Nyayalayas will help in decreasing the workload of the judicial institution.
• Village Legal Care & Support Centre can also be established by the High Courts to work at the grassroots level.

The fundamental requirement of a good judicial administration is accessibility, affordability and speedy justice, which will not be realized until the justice delivery system is made within the reach of the individual in a time-bound manner and within a reasonable cost.

Insta Links  

• Judicial Pendency

Mains Links:  

Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (USPC 2017)

Prelims Links:

With reference to the Indian judiciary, consider the following statements: (USPC 2021)

• Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
• A High Court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither I nor 2

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‘Potential misconduct’ behind Judge Merchan’s several Trump trial assignments, Stefanik says

N ew York Republican Rep. Elise Stefanik sent a letter to New York officials on Tuesday arguing there may have been "misconduct" within the New York Supreme Court system to ensure Judge Juan Merchan presided over the unprecedented NY v. Trump trial .

"One cannot help but suspect that the ‘random selection’ at work in the assignment of Acting Justice Merchan, a Democrat Party donor, to these cases involving prominent Republicans, is in fact not random at all," Stefanik wrote in the letter, which she sent to the New York State Commission on Judicial Conduct and the Office of the Inspector General of the New York State Unified Court System, warning of "potential misconduct." The Daily Mail first reported the letter Tuesday .

Stefanik pointed to how Merchan has overseen a handful of cases involving Trump or his allies , including the NY v. Trump case, the criminal trial against the Trump Organization in 2022 – a case that found the organization guilty of tax fraud – and is set to oversee the upcoming trial of Trump ally Steve Bannon.

"The simple answer to why Acting Justice Merchan has been assigned to these cases would seem to be that whoever made the assignment intentionally selected Acting Justice Merchan to handle them to increase the chance that Donald Trump, the Trump Organization, and Steven Bannon would ultimately be convicted," Stefanik continued in the letter.

STEFANIK FILES ETHICS COMPLAINT AGAINST TRUMP TRIAL JUDGE, CITES DAUGHTER'S WORK FOR GROUP PROMOTING DEMS

Her letter called on the commission and the Inspector General to "investigate this anomaly to determine whether the required random selection process was in fact followed in the assignment of these criminal cases to Acting Justice Merchan."

READ ON THE FOX NEWS APP

She continued that if Merchan or other justices of the court violated assignment rules, she hopes the "Commission would subject them to the required discipline."

The letter comes the same day the defense and prosecution teams held closing arguments in the NY v. Trump trial. 

Last week, Stefanik filed an ethics complaint against Merchan for an alleged conflict of interest related to his daughter's role representing Democrat politicians and political action committees. Merchan's daughter is the president of Authentic Campaigns, a digital marketing agency that has included clients such as Rep. Adam Schiff, D-Calif.

Stefanik said in her complaint last week that she learned that the New York State Commission on Judiciary Conduct "privately cautioned [Merchan] in July over his illegal political donations to Biden and Democrats in 2020."

"This private caution has not deterred Judge Merchan’s judicial misconduct, as evidenced by this current complaint," she wrote. "Judge Merchan appears driven by Democrat partisanship and financial gain for his daughter."

TRUMP SAYS JUDGE MERCHAN HAS WAY TO GAIN BACK ‘RESPECT’ DESPITE PRESIDING OVER ‘WITCH HUNT’ TRIAL

Stefanik said it is "imperative that New Yorkers and all Americans have confidence that justice is being dispensed fairly in New York."

Trump has also railed against Merchan as a "conflicted" judge and previously called on him to recuse himself from the case, citing his daughter's work as a political consultant.

COHEN'S BOMBSHELL ADMISSION COULD LEAD TO HUNG JURY, IF NOT ACQUITTAL: EXPERT

"Judge Juan Merchan, who is suffering from an acute case of Trump Derangement Syndrome (whose daughter represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals, has just posted a picture of me behind bars, her obvious goal, and makes it completely impossible for me to get a fair trial) has now issued another illegal, un-American, unConstitutional ‘order,’ as he continues to try and take away my Rights," Trump posted on Truth Social ahead of the trial kicking off.

TRUMP RISKS GAG ORDER VIOLATION WITH NEW SCREED AGAINST LAWYER WHO ARGUED CASE: 'UNBELIEVABLE'

Trump has since been placed under a gag order, which bans him from publicly speaking about witnesses or making remarks about court staff, DA staff or family members of staff. Following the gag order, Trump has taken to calling Merchan "conflicted" and "corrupt" but not going into great detail about Merchan's alleged corruption.

"We have a judge who’s highly conflicted. He happens to be corrupt. Yes, there is confliction. It’s the worst that anybody’s seen. Nobody has ever seen anything like it," Trump said Tuesday morning ahead of court.

Last week, Trump said Merchan could gain back "respect" if he dismissed the case.

"This case should be dropped by the judge. I think the judge, if he did, that … could gain the respect back. The appellate court has to step in, something has to happen. Think of it, the Republican Party, one of the two great parties, nominates somebody to be their candidate. And that candidate now has been sitting here for almost five weeks in a freezing cold icebox listening to this stuff," Trump said last Monday.

Fox News Digital reached out to the offices of the New York State Commission on Judicial Conduct and the Office of the Inspector General of the New York State Unified Court System on Tuesday evening but did not immediately receive responses. 

Original article source: ‘Potential misconduct’ behind Judge Merchan’s several Trump trial assignments, Stefanik says

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Arunachal Pradesh Assembly Elections 2024 results today, counting starts at 6 AM

The counting will start at 6 am, beginning with the counting of the postal ballots and electronically transmitted postal ballot system..

Counting of votes for the Arunachal Pradesh Assembly elections will take place today, June 2. The Assembly elections in Arunachal Pradesh took place on April 19 where the total voter turnout was recorded at 82.95 per cent, higher than the 2019 Assembly elections.

The counting will start at 6 AM, beginning with the counting of the postal ballots and electronically transmitted postal ballot system. In Arunachal Pradesh, twenty-four centres have been set up across the state for the purpose. Over 2,000 election officials will take part in the counting process, Chief Electoral Officer Pawan Kumar Sain said.

With 60 assembly seats in Arunachal Pradesh, the Bharatiya Janata Party ( BJP ) and Congress Party are the main players in the elections. While BJP contested for all 60 seats in Arunachal Pradesh, Congress has only fielded for 19 seats. Notably, the BJP has already won 10 seats, which are, Bomdila, Chowkham, Hayuliang, Itanagar, Mukto, Roing, Sagalee, Tali, Taliha and Ziro-Hapoli uncontested.

The National People’s Party (NPP) and the Nationalist Congress Party (NCP) are the two other important regional parties.

Here is the list of key candidates for Arunachal Pradesh Assembly Elections 2024:

Chief Minister Pema Khandu (BJP: Already won) Deputy Chief Minister Chowna Mein (BJP: Already won) Biyuram Wahge (BJP) Ninong Ering (BJP) Pani Taram (BJP) Kamlung Mosang (BJP) Wangki Lowang (BJP) Honchun Ngandam (BJP) Pasang Dorjee Sona (BJP) Kumar Wali (Congress) Jampa Thirnly Kunkhap (Congress) Nabam Tado (Congress) Karikho Kri (NPP)

Here is the list of key constituencies for Arunachal Pradesh Assembly Elections 2024:

Mukto Pasighat West Chowkham Tawang, Nacho Pangin, Roing Changlang North

Previous Assembly Elections in Arunachal Pradesh 2019

In the 2019 Arunachal Pradesh Assembly Election, the BJP secured 41 seats, leading to Pema Khandu’s reappointment as Chief Minister. The Congress secured only 4 seats, while the Janata Dal United (JDU) and the National People’s Party (NPP) won 7 and 5 seats, respectively.

In the 2014 Arunachal Pradesh Election, the Congress had a dominant victory with 42 seats, the BJP won 11 seats, and the People’s Party of Arunachal (PPA) captured 5 seats.

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