Indian Judiciary

February 15, 2023

This article has been written by Ms. Shreya Bhattacharya, a 2^nd year BBA LL. B student at Adamas University, Kolkata.

Introduction

The legislative, executive, and judicial departments of government make up India’s three pillars of power. The Indian Constitution calls for a system of checks and balances as well as a division of powers. The judiciary is essential in ensuring that the legislative and the executive stay within their constitutional bounds and refrains from using their authority arbitrarily. The Indian Constitution guarantees that the judiciary is free from the influence of the legislative and executive branches.

This article examines the hierarchy of courts in India as well as the authority, and duties of the various courts. The article also identifies the different challenges that the legal system is currently facing.

History of Indian Judiciary

In ancient India, the monarch served as the chief judge, while the family court was the lowest court, starting with the family arbitrator. The administration of justice was one of the sovereign’s main responsibilities, and the King’s ministers and counsellors assisted him in this endeavor. As civilization developed, the responsibilities of the King were transferred to the judges who were versed in the Vedas. Justice was carried out in accordance with “dharma,” or a set of laws outlining the obligations each person had to fulfill throughout his life. Law was derived from customs. The Mughal era saw the continuation of this arrangement.

The office of the Qazi oversaw justice administration throughout the Mughal era. Every important town and provincial capital had a Qazi. The parties were present during the trial, and the Qazi’s were under strict instructions to prepare their legal paperwork meticulously. The King served as the final appellate court. The British superseded this legal framework.

The Sadar Diwani Adalat and the common law system were both introduced by the British to India. High courts were later established in its wake. In Calcutta, the first high court was founded in 1862.

Madras and Bombay also got their own high courts. The Government of India Act, 1935 then formed the federal court, which had a greater scope of authority than the high courts. As a result, the common law system forms the foundation of much of India’s current judicial system.

Powers and Functions

Administration of justice- Applying the law in particular situations or to resolve disputes is the judiciary’s main duty. The evidence that the participants present helps the court “identify the facts” when a disagreement is brought before it. Following that, the law decides which laws apply in this situation and applies them. The court will impose a penalty on the offending party if they are proven guilty of breaking the law during the trial.
Fundamental Rights Protector- The judiciary makes sure that neither the State nor any other entity infringes on people’s rights. By issuing writs, the superior courts uphold fundamental rights.
Advisory functions- The SC in India also serves as a consultative body. On constitutional issues, it may offer its professional advice. When the executive demands it and when there are no arguments, this is done.
Supervisory Functions- In India, the higher courts also have the responsibility of overseeing the lower courts.
Creation of Judge-case law- The judges frequently struggle or are unable to choose the right legislation to apply in each situation. Based on their experience and common sense, judges make decisions about the proper law in these situations. As a result, judges have amassed a substantial body of “case law” or “judge-made law.” According to the “stare decisis” theory, judges are expected to follow their earlier rulings in cases that are identical to their own.
A federation’s special role- In a federal system like India’s, the judiciary also has the crucial job of resolving conflicts between the federal government and the states. Additionally, it settles conflicts between states.
Administrative Functions – The courts perform administrative and non-judicial tasks. The courts have the authority to appoint receivers, handle decedents’ estates, and award certain licenses. They appoint guardians for little children and lunatics and register marriages.
Conducting Judicial inquiries- Judges are frequently asked to lead commissions that investigate instances of errors or omissions on the part of public employees.
Protector of the Constitution- The SC, India’s highest court, serves in this capacity. The court resolves any problems of jurisdiction between the federal government and the states, or between the legislature and the administration. The judiciary declares any statute or executive action that contravenes a constitutional requirement to be illegal or invalid. It is known as “judicial review.” The benefit of judicial review is that it protects people’s fundamental rights and maintains harmony between the union and the units in a federal state.

Indian court system hierarchy

India’s judicial system is hierarchical in structure. In general, there are four levels of hierarchy:

The Supreme Court of India,
The high court of various states,
The subordinate courts,
Tribunals,
Nyay Panchayats,
Lok Adalat.

Supreme Court of India

Jurisdiction

Original Jurisdiction- The Supreme Court has original jurisdiction under Article 131. The court’s original jurisdiction includes conflicts involving the Union, the States, and two or more States. The Central Government’s Notification establishing the Commission of Inquiry to investigate allegations of corruption against the Chief Minister of Karnataka was challenged by the State Government under Article 131 in the famous case of State of Karnataka v. Union of India (1977). If the notification might be contested under Article 131, the Court had to decide that. The Central Government argued that the petition could not be upheld because the State’s legal rights remained unaffected. The Court ruled that the disagreement might be brought before the Court under Article 131 when the Parliament members and the State Legislature members read any article of the Constitution in opposing ways.
Appellate Jurisdiction- The Supreme Court’s appeal authority is extremely broad. The Apex Court will hear appeals when there is a significant legal question at stake. These topics may be forwarded either with the high court’s approval or through a Special Leave Petition. In the case of Sir Chunilal V. Mehta and sons Ltd. v. Century Spinning and Manufacturing Co. (1962), the Supreme Court’s Constitutional Bench defined what constituted a significant matter of law. The court ruled that a question would be deemed to be a substantial question of law if it is believed to be of public importance or to materially affect the rights of the parties, and if neither the question nor the legal standards to be used in deciding it have been definitively resolved by the court.
Advisory Jurisdiction- Additionally, the President may send any matter to the Supreme Court for its advisory opinion under Article 143. (1). Any legal issue, one of public interest, or one involving a pre-constitutional treaty or agreement may warrant the President’s request for an advisory opinion. The administration is not bound by the court’s advisory opinion. In Re: The Special Courts Bill (1978), a private member’s bill to establish Special Courts to adjudicate charges involving crimes committed by public officials during emergencies, was introduced in the Parliament. The President asked the court for a ruling on the Bill’s constitutionality. The court determined that the Parliament had the authority to create such courts. The court decided that the view was not legally binding on the parties, nonetheless. The court’s judgement is of great weight in the courtroom but will not bind the parties.
Review Jurisdiction- The Supreme Court has the authority to reconsider any of its earlier rulings under Article 137. It is important to remember that Article 262 gives the Parliament the authority to grant or revoke the Apex Court’s legal jurisdiction over issues relating to the management, administration, or distribution of interstate river flows. By virtue of Article 138, the Supreme Court’s authority may be increased by the Parliament.

High Courts

Jurisdiction

Original jurisdiction– In cases involving the upholding of fundamental rights, specific income issues, and elections to the State Legislature, the high court has original jurisdiction. According to Article 215, the high court has the authority to impose sanctions for contempt.
Appellate Jurisdiction– The supreme courts have appellate authority over both civil and criminal cases. The high court can hear an appeal in cases when the sessions court sentences the defendant to at least seven years in jail or the death penalty. Furthermore, appeals to the high courts are permitted in cases containing important legal issues.
Supervisory Jurisdiction- The high courts have supervisory jurisdiction under Article 227 of the Constitution. All such courts and tribunals that are established within the high court’s territorial authority are overseen by it.
Writ Jurisdiction- The high courts have the authority to issue writs to enact individual rights under Article 226 of the Constitution. It is important to remember that the high court has the authority to issue writs to enforce both legal and basic rights.
Review Jurisdiction- The high courts are given the authority to examine their own decisions and decrees under Article 226. The high courts will consider a review petition when there has been a gross procedural error that has caused a miscarriage of justice.

Subordinate Courts

The State Government created the district courts. They could be created for a single district or a collection of districts. The high court monitors how the district courts are run. District courts typically fall into one of two categories:

Civil Courts
Criminal Courts

Civil courts resolve legal disputes involving things like contracts, rent, and divorce. These disputes are resolved according to the guidelines in the Code of Civil Procedure of 1908. Criminal courts hear cases involving legal violations that are brought by the state. These cases involve things like murder and dacoity. The Code of Criminal Procedure, 1973, lays forth the procedure that must be followed for the criminal codes to function. It is important to remember district courts are called session courts while handling criminal cases.

Any person who feels wronged by the district court’s decision may file an appeal with the high court. The Court of Additional District Judge, Court of Judicial Magistrate of 1^st Class, Court of Judicial Magistrate of 2^nd Class, and other subordinate courts are located below the district court. At this stage, most cases are resolved. At this stage, the trial and the gathering of evidence also occur.

Tribunals

The government has established specialized tribunals to handle various issues, such as taxes, land disputes, etc. Tribunals can be quasi-judicial or judicial. The Tribunals offer swift justice and are typically constituted when there are numerous cases pending before ordinary courts over a specific subject matter. As a result, these tribunals help lighten regular courts’ workload. The Constitution’s Article 323A gives the Parliament the authority to create administrative tribunals that hear cases involving the hiring and employment of public employees at both the Central and State levels.

The list of topics for which the Tribunals may be created by the Union Parliament or the State Legislatures is provided in Article 323B. Taxes, labour disputes, elections, land reforms, etc. are all included. It was determined in the precedent-setting decision of Union of India v. R. Gandhi and Ors. (2010) that the list of topics supplied in Section 323B is not meant to impose any limitations on the legislature’s ability to create tribunals for deciding any other concerns. The list is not all-inclusive, and the legislature has the authority to create tribunals for any issue covered by the Seventh Schedule.

Nyay Panchayats

The Nyay Panchayats were created at the village level to offer quick and affordable justice. They are founded on the guidance given by Article 40, which mandates that the State act to give the panchayats more power. The panchayats were given constitutional standing by the 73rd Constitutional Amendment. These Nyay Panchayats make decisions about insignificant crimes like unlawful restraint or stealing. Even while these Panchayats have both civil and criminal jurisdiction, their monetary authority is quite limited.

The 1977-formed Ashok Mehta Committee provided certain proposals for the reorganization of the Nyay Panchayats. It was recommended that the government create a unique cadre of judges for the Nyay Panchayat. The Nyay Panchayats’ civil jurisdiction should be expanded, and its criminal authority should be on par with that of a court magistrate of first class. The Indian Evidence Act of 1872 and the Code of Civil Procedure, both from 1908, should not be applied to Nyay Panchayat proceedings. The Committee’s recommendations, though, have not been carried out.

Lok Adalat

In contrast to the Nyay Panchayat, the Lok Adalat’s seek to settle issues by mediation and arbitration rather than through adjudication. The “People’s Court” is another name for the Lok Adalat’s. The Lok Adalat’s are made up of active and retired judges and other individuals the Central Government specifies. Such cases that are ongoing before the court for which the Lok Adalat is convened fall under its purview. One of the parties may apply to the Lok Adalat or the matter may be sent to the Lok Adalat by the court. The parties may also agree to refer the matter to the Lok Adalat. According to Section 20, a Lok Adalat shall uphold the values of “justice, equity, fair play, and other legal norms” when performing its duties.

Conclusion

Any democracy must have a strong, independent judiciary to succeed. The Indian judicial system makes sure that the rule of law is upheld and that citizens’ rights are not infringed upon. It also maintains control over the legislative and the executive- the other two branches of the government.

References:

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February 15, 2023