Judiciary in India: Understanding Indian Judicial System

Overview: The Indian government is structured into three distinct branches: the Legislature, the Executive, and the Judiciary. While the Legislature and the Executive are interdependent, the Judiciary operates independently as a separate entity.

This independence ensures that the Judiciary functions without interference from the other two branches of government. In this article, we will explore the Judiciary in India, examining its operations and structure.

Additionally, we will delve into the different categories of judges and the various types of courts in India. Understanding the role of the Judiciary is crucial, as it is the body tasked with upholding the Rule of Law and ensuring the primacy of legal standards.

In this blog we will cover:

• Overview of Indian Judicial System
• Functions of the Judiciary
• Structure of Judiciary in India
• Challenges Faced by the Indian Judiciary

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Indian Judicial System: An Overview

Introduction to the Judiciary The Judiciary is the third pillar of the Government of India, tasked with interpreting laws, resolving disputes, and administering justice across the nation. It acts as the guardian of democracy and the Constitution of India, ensuring that the principles enshrined within are upheld.

Independence of the Judiciary The Indian Judiciary is designed to operate independently from the other two branches of government—the Legislature and the Executive. This independence is crucial as it ensures that the judicial process is free from external influence, allowing judges to make decisions based on law and justice without any bias or pressure. The separation ensures that the Judiciary's decisions are respected by the other branches, maintaining a balance of power.

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Accountability of the Judiciary Despite its independence, the Indian Judiciary is not isolated from the democratic framework it serves. It is accountable to the Constitution and the citizens of India, ensuring its decisions and actions align with the nation's laws and ethical standards.

Structure of the Indian Judicial System The judicial system in India is hierarchical and integrated, structured like a pyramid:

1. Supreme Court of India: At the apex is the Supreme Court, located in New Delhi. It is the highest authority in the judicial hierarchy and has the final say in all legal matters, including the interpretation of the Constitution. Its decisions are binding on all other courts in the country. The Supreme Court also has the power to transfer cases from one High Court to another and to handle disputes between different states or between states and the central government.
2. High Courts: Each state or group of states has a High Court, which is the highest judicial authority at the state level. High Courts hear appeals from lower courts and have the power to oversee and manage the functioning of all courts within their jurisdiction. They can also hear cases involving the violation of fundamental rights directly.
3. District Courts: Serving at the district level, these courts handle the majority of civil and criminal cases. They are the principal courts of original jurisdiction in the Indian judicial system and also hear appeals from subordinate courts.
4. Subordinate Courts: At the lowest level of the judiciary are the subordinate or lower courts, which include civil and criminal courts handling initial phase litigation.

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Specialized Branches of Law

• Criminal Law: This branch deals with offenses against the state or public order. From filing an FIR to adjudicating in criminal matters, the courts ensure justice is served to the accused and the victim.
• Civil Law: This branch encompasses non-criminal disputes, including issues like property disputes, contracts, and family law. Civil law ensures the protection of individual rights and the resolution of private disputes.

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Functions of the Judiciary - The Role of the Judiciary

The Indian Judiciary performs several pivotal functions within the governance framework:

• Administration of Justice: The primary function of the judiciary is to administer justice by applying laws to specific cases or resolving disputes. When a case is brought to court, it entails examining the evidence, establishing the facts, determining the applicable law, and enforcing it. If a party is found guilty of violating the law, the court is responsible for imposing a suitable penalty.
• Creation of Case Law: Often judges face scenarios where the applicable law is not clear-cut. In such instances, judges rely on their own judgment and common sense to determine suitable legal principles, contributing to a robust body of judge-made law or case law. According to the principle of 'stare decisis,' earlier judicial decisions are generally binding on subsequent cases of a similar nature, ensuring consistency and predictability in the legal system.
• Guardian of the Constitution: The Supreme Court (SC) acts as the protector of the Indian Constitution. It resolves jurisdictional conflicts between the central and state governments or between different branches of government. Through judicial review, the judiciary has the power to invalidate laws and executive actions that contravene constitutional provisions, thereby safeguarding individual rights and maintaining federal balance.

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• Protector of Fundamental Rights: One of the judiciary’s crucial roles is to ensure that the fundamental rights of individuals are not infringed upon by the state or any other entity. The higher courts uphold these rights by issuing various writs.
• Supervisory Functions: The higher courts also oversee the activities of the lower courts, ensuring that their operations adhere to the law and judicial principles.
• Advisory Functions: The Supreme Court provides advisory opinions on constitutional matters at the request of the executive branch, especially in situations where there may be no ongoing dispute.
• Administrative Functions: Beyond its judicial responsibilities, the judiciary also performs certain administrative duties such as issuing licenses, administering estates, registering marriages, and appointing guardians for minors and those deemed incompetent.
• Special Role in a Federation: In India’s federal structure, the judiciary plays a critical role in resolving disputes between the central government and the states, and between different states, thus functioning as a key arbiter in federal disputes.
• Conducting Judicial Inquiries: Judges are often appointed to lead commissions to investigate public service errors or omissions, reflecting the judiciary’s role in ensuring public accountability.

Together, these functions highlight the judiciary’s integral role in maintaining the rule of law, protecting individual rights, and ensuring the smooth operation of India’s democratic and federal system.

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Structure of Judiciary in India

Judiciary Composition The Supreme Court consists of the Chief Justice of India and up to 34 other judges, appointed by the President of India. Each High Court has a Chief Justice and a varying number of associate judges, also appointed by the President.

This comprehensive structure and robust function underscore the judiciary’s pivotal role in maintaining the rule of law and democratic ethos in India.

Supreme Court of India

Formation and Evolution The Supreme Court of India was established on January 26, 1950, the day the Constitution of India came into force. Initially constituted with a Chief Justice and seven puisne (subordinate) judges, the Supreme Court's capacity has expanded over the years to accommodate the growing volume of cases. Originally, all judges of the Supreme Court would convene en banc (as a full bench) to hear cases.

However, as the caseload increased, the number of judges was raised in several stages — to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, and eventually to the current sanctioned strength of 34 judges including the Chief Justice. Today, the judges typically sit in smaller panels of two or three, forming larger benches only when necessary to resolve significant legal questions or discrepancies in the law.

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Structure and Appointment The Supreme Court of India, located in New Delhi, is at the pinnacle of the Indian judicial system. It comprises the Chief Justice and 33 associate justices, all appointed by the President of India. These appointments are made after consultations to ensure the candidates' suitability for the role.

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The justices serve until the age of 65. To qualify for appointment, a candidate must be a citizen of India and have served as a judge in a High Court (or in two or more such courts in succession) for at least five years, or as an advocate of a High Court (or two or more such courts in succession) for at least ten years, or be considered a distinguished jurist by the President.

Judicial Independence and Responsibilities The Constitution safeguards the independence of Supreme Court judges through stringent removal procedures. A judge can only be removed by presidential order after both Houses of Parliament support the motion by a supermajority.

This process ensures the judiciary's independence from the executive and legislative branches of government. The Supreme Court acts as the ultimate arbiter of the Constitution, a federal court, and the highest appellate court in the land, with jurisdiction over appeals from High Courts and other courts. It also handles cases involving serious human rights violations and disputes requiring immediate resolution.

Judicial Review and Protection of Rights The Supreme Court's responsibilities include judicial review, where laws and executive actions are scrutinized for constitutionality. This function is pivotal in maintaining the rule of law and protecting the fundamental rights of individuals. Additionally, the court has the authority to issue various writs to enforce rights and address grievances.

Supervisory and Advisory Roles Beyond its appellate jurisdiction, the Supreme Court oversees the functioning of lower courts in India and may offer advisory opinions on constitutional matters as requested by the President of India. It also administers various non-judicial functions such as granting licenses and overseeing legal guardianships.

High Courts and Lower Courts Beneath the Supreme Court are the High Courts of the states, which are bound by the judgments and orders of the Supreme Court. There are 29 High Courts in India, each overseeing a state or a group of states. These courts handle both appellate and significant original jurisdiction cases. Below the High Courts are the district courts, which handle district-level civil and criminal matters.

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High Courts in India

India has 29 High Courts at the state level, as outlined under Article 214 of the Indian Constitution, which are established as constitutional courts in Part VI, Chapter V. These courts hold jurisdiction over individual states, union territories, or groups of states and territories. As mandated by Article 141 of the Constitution, all High Courts are bound by the precedents set by the Supreme Court of India.

Structure and Jurisdiction Below the High Courts is a structured hierarchy of subordinate courts, including civil courts, family courts, criminal courts, and various district courts. High Courts serve as the principal civil courts of original jurisdiction within their respective states but share this role with District Courts, which are subordinate to them. High Courts typically exercise their original civil and criminal jurisdiction only when the subordinate courts lack the legal authority, either due to insufficient pecuniary or territorial jurisdiction, to handle such cases. Furthermore, High Courts may possess original jurisdiction over specific matters as designated by state or federal law, such as company law cases.

Primary Functions The primary function of most High Courts involves handling appeals from lower courts and overseeing writ petitions under Article 226 of the Constitution, which also constitutes part of their original jurisdiction. The territorial jurisdiction of each High Court may vary depending on the state or region it serves.

Appointment of Judges Judges in the High Courts are appointed by the President of India, following consultations with the Chief Justice of India, the Chief Justice of the respective High Court, and the governor of the state. The number of judges in each High Court is determined based on a comparison between the average number of main cases filed over the past five years and the national average rate of case disposal per judge per year, selecting the higher of the two metrics.

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Historical and Regional Context The Calcutta High Court, established on July 2, 1862, is the oldest High Court in India, while the Allahabad High Court is the largest, with a sanctioned strength of 160 judges. To manage the volume of cases effectively, particularly in regions with a high case load, High Courts may establish permanent benches or branches within their jurisdiction.

Additionally, for litigants from remote areas, 'circuit benches' are set up to facilitate access to justice, operating during specific periods when judges visit these remote locations.

This robust structure ensures that High Courts effectively administer justice across diverse regions of India, maintaining a crucial role in the country’s judicial system.

District Courts in India

District Courts in India are established by state governments. Each court serves a specific district, or sometimes multiple districts, based on factors like the volume of cases and the population distribution within the area. These courts handle the administration of justice at the district level and are under the administrative supervision of the High Court of the state to which they belong. Decisions made by the District Courts can be appealed to the respective High Court.

Structure and Personnel A District Court is typically presided over by a District Judge, appointed by the state government. Depending on the caseload, there may also be a number of Additional District Judges and Assistant District Judges. These additional judges have the same jurisdictional authority as the District Judge.

In urban areas designated as "Metropolitan areas" by the state government, the District Judge may also be referred to as the "Metropolitan Session Judge." District Courts have appellate jurisdiction over all subordinate courts located within the district for both civil and criminal matters.

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Hierarchy of Subordinate Courts Beneath the District Courts, there are several levels of subordinate courts handling civil and criminal matters:

• Civil Side: Junior Civil Judge Court, Principal Junior Civil Judge Court, and Senior Civil Judge Court (also known as a sub-court).
• Criminal Side: Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief Judicial Magistrate Court.

Special Courts Family Courts also operate under the District Courts to specifically handle matrimonial disputes. The principal judge of a Family Court holds a position equivalent to that of a District Judge, focusing solely on family-related legal matters.

This structure ensures that legal proceedings at the district level are comprehensive and accessible, addressing a wide range of civil, criminal, and family issues.

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Subordinate Courts and Village Courts

Subordinate courts at various levels address lesser civil and criminal cases. Village courts, or Lok Adalats, serve as an alternative dispute resolution mechanism, providing a platform for settling disputes at a community level without engaging the formal judicial system. These courts play a crucial role in India's legal landscape by facilitating accessible and timely justice.

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Village Courts in India

Village courts in India, known as Lok Adalat (people’s court) or Nyaya Panchayat (justice of the villages), serve as an alternative dispute resolution mechanism. These courts were first formalized by the 1888 Madras Village Court Act and have evolved significantly since then.

Post-1935, various provinces and later, post-1947, Indian states have developed these courts, adopting models such as the one from Gujarat State, which involves a judge and two assessors, in use since the 1970s.

In 1984, the Law Commission of India advocated for the establishment of Nyaya Panchayats in rural areas, staffed by laymen with educational qualifications to address local disputes. Subsequently, the 2008 Gram Nyayalayas Act envisioned the creation of 5,000 mobile courts across India to adjudicate minor civil matters and criminal cases with potential sentences of up to two years.

However, the implementation of this Act has been sluggish, with only 151 Gram Nyayalayas operational as of May 2012, far short of the intended target.

The underperformance of this initiative has been attributed to various factors, including financial constraints, and the hesitancy of lawyers, police, and other government officials to fully engage with the system.

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Tribunals in India

Tribunals are quasi-judicial entities designed to deliver quick and specialized resolution of disputes within specific fields requiring distinct expertise. Below are the essential aspects of tribunals:

• Purpose and Establishment: Tribunals are created under various laws to handle cases that necessitate technical, regulatory, or specialized knowledge, aiming to alleviate the burden on traditional courts.
• Function and Structure: These bodies are typically chaired by experts or legally trained professionals well-versed in the specific domain. Notable examples include the Income Tax Appellate Tribunal, Debt Recovery Tribunal, Securities Appellate Tribunal, and National Green Tribunal.
• Procedural Framework: The jurisdiction, powers, and procedures of tribunals are defined by the laws under which they are established.
• Judicial Review: Decisions made by tribunals can be reviewed by High Courts and the Supreme Court, though this review is generally limited in scope.
• Challenges: Tribunals often face issues such as case backlogs, insufficient infrastructure, and unfilled positions. There are also concerns about the judicial training and accountability of tribunal members.
• Constitutional Amendments: The Constitution (122nd Amendment) Bill proposes giving tribunals constitutional status to standardize their structure and enhance their effectiveness.

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Nyay Panchayats

Nyay Panchayats serve as grassroots judicial platforms providing accessible, swift, and affordable justice in rural areas. Key points include:

• Composition and Role: Composed of panchayat heads and local elders, Nyay Panchayats adjudicate civil and criminal disputes using local customs and traditions, covering issues like land, property, family disputes, and minor criminal cases.
• Enforcement and Acceptance: Their decisions are generally promptly enforced due to community pressure and local informal mechanisms, supporting quick dispute resolution.
• Advantages: Nyay Panchayats offer a form of justice that is participatory and accessible, significantly easing the load on more formal judicial settings.
• Operational Challenges: Despite their benefits, Nyay Panchayats struggle with the lack of formal legal procedures, adequate record-keeping, and procedural consistency, especially in appeal situations.
• Legal Recognition: Recognized under Article 244 of the Constitution for addressing disputes among tribal communities, some states like Rajasthan, Odisha, and Andhra Pradesh have enacted laws to formalize and regulate Nyay Panchayats.
• Debate on State Intervention: There is ongoing discussion about whether increased state regulation would undermine the informal, accessible nature of Nyay Panchayats or help to remedy their operational shortcomings.

Both tribunals and Nyay Panchayats play crucial roles in India's judicial ecosystem by providing specialized and local-level justice solutions, though each faces unique challenges that call for thoughtful reforms.

Challenges Faced by the Indian Judiciary

The Indian judiciary encounters a variety of obstacles that impact its efficiency and the overall delivery of justice. These challenges include:

• Backlog of Cases: A significant issue for the Indian judiciary is the overwhelming backlog of cases. The courts are overloaded with pending cases, which results in prolonged delays in justice delivery.
• Corruption: Corruption within the judiciary poses a serious threat to the integrity of legal proceedings. Reports of bribery, favoritism, and misconduct among court officials undermine the trust in judicial outcomes.
• Lack of Diversity: The representation of marginalized groups within the judiciary remains insufficient. There is a pressing need to enhance diversity and ensure that all segments of society are adequately represented in judicial roles.
• Inadequate Infrastructure: Many courts in India suffer from inadequate infrastructure and lack sufficient resources, which hampers their functionality and the smooth handling of cases.
• Access to Justice: Despite ongoing efforts to make the judicial system more accessible, certain sections of the population still encounter significant barriers in accessing legal services and pursuing justice.

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Conclusion:

The judiciary is the branch of government responsible for interpreting laws, resolving disputes, and delivering justice to all citizens. It is often described as the watchdog of democracy and the guardian of the constitution. To ensure that the judiciary functions effectively, it is crucial to maintain its independence.

In conclusion, the judiciary serves as a pivotal element of Indian democracy, with responsibilities extending beyond mere legal interpretation. It stands as the bedrock of justice, safeguarding individual liberties, ensuring accountability, and upholding the Rule of Law.

Nevertheless, challenges such as improving access to justice and managing the backlog of cases persist. For a vibrant democracy like India, it is essential to continuously enhance the judicial system, enhance transparency, and strengthen the mechanisms that deliver justice to everyone.

By pursuing such initiatives, the judiciary will continue to act as a strong defender of democracy, guiding India towards a future marked by justice, equality, and the upholding of democratic principles.