Anaya Nolan
The Judiciary of India is the system of courts that interpret and apply the law in the Republic of India. The Supreme Court of India is the highest court and the final court of appeal for all civil and criminal cases in India. The Supreme Court consists of the Chief Justice of India and a maximum of 33 fellow judges. The High Courts are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions.
| Characteristics | Values |
|---|---|
| Highest court | Supreme Court of India |
| Court of appeal | Final court of appeal for all civil and criminal cases in India |
| Power | Judicial review |
| Constitution | Single and unified judiciary in India |
| Legal system | Mixed legal system based on common law with civil laws applicable in certain territories |
| Number of levels | 3 |
| Number of judges | 33 maximum |
| Appointment | By the President of India |
| Appointment criteria | Citizen of India, Judge of a High Court for at least 5 years, Advocate of a High Court for at least 10 years or distinguished jurist |
| Administrative wing | Registry |
| Administrative power | Chief Justice of India |
| Highest Administrative Officer | Secretary General |
| Highest law officer | Attorney General of India |
| Number of courtrooms | 15 |
Explore related products
![American Indian Tribal Law: [Connected eBook] (Aspen Coursebook Series)](https://m.media-amazon.com/images/I/81KetKmayRL._AC_UY218_.jpg)
What You'll Learn
The three levels of the Indian judiciary
The Indian judiciary is a three-tiered system, with the Supreme Court at the apex, followed by High Courts and then District Courts. This system is designed to provide a single, unified judiciary for the country.
The Supreme Court of India is the highest court in the land and is the final court of appeal for all civil and criminal cases. It has original, appellate and advisory jurisdiction, and the power to interpret the Constitution. The Supreme Court is led by the Chief Justice of India, who is responsible for determining the work structure of the Court and its Registry. The Chief Justice is appointed by the President of India, along with other judges of the Supreme Court, on the recommendation of a collegium system of Supreme Court judges. The Supreme Court also has the power to establish commissions, such as the National Judicial Pay Commission, which set the pay and allowances for subordinate judiciaries.
The second tier of the judiciary is made up of High Courts, which are the top courts in each state or group of states/union territories. There are 25 High Courts in total, led by the state Chief Justice. The High Courts manage a system of subordinate courts, including District and Session Courts, within their respective jurisdictions. The High Courts have superintendence over these subordinate courts and can inspect or direct the operation of executive courts, such as the revenue courts. The High Courts' primary work is to decide on appeals from lower courts and writs.
The lowest tier of the judiciary is made up of the District Courts, which are established by state governments to hear civil and criminal cases within their territorial jurisdiction. These courts are presided over by District Judges, who are appointed by the governors of their respective states on the recommendation of the High Courts.
This three-tiered structure is designed to efficiently manage the large number of disputes that arise daily in a country of India's size and population.
Benefit of Doubt: Indian Law's Intriguing Concept
You may want to see also
Explore related products
The Supreme Court of India
The Supreme Court consists of the Chief Justice of India and a maximum of 33 other judges, although there are currently 34 judges including the Chief Justice. The Chief Justice of India has significant administrative power over the work structure of the Court and its Registry, which is divided into Administrative and Judicial wings. The Attorney General of India is the highest law officer of the country and is appointed by the President. They advise the Government of India on legal matters and have the right to take part in parliamentary proceedings without voting.
The Supreme Court has original, appellate, and advisory jurisdictions. It takes up appeals primarily against verdicts of the High Courts and tribunals, and settles disputes between various government authorities, state governments, and the central government. As an advisory court, it hears matters referred by the President of India. The Supreme Court also has the power of judicial review, allowing it to invalidate ordinary laws and constitutional amendments to safeguard citizens' fundamental rights.
To become a Judge of the Supreme Court, a person must be an Indian citizen and have served as a Judge or Advocate in a High Court for a minimum number of years, or be a distinguished jurist in the opinion of the President. Judges of the Supreme Court, along with those of the High Courts, are appointed by the President of India on the recommendation of a collegium system consisting of Supreme Court judges.
Supreme Court of India: Interpreting Laws and the Constitution
You may want to see also
Explore related products
$16.95 $16.95
High Courts and their jurisdictions
India's judicial system is made up of 25 High Courts, alongside the Supreme Court. These High Courts are the highest courts of appellate jurisdiction in each state or group of states and union territories. They are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts, including District and Session Courts, in their respective jurisdictions.
The precise territorial jurisdiction of each High Court varies by province. Each state is divided into judicial districts presided over by a district judge and a session judge. The district judge presides over civil cases, and the session judge presides over criminal cases. The High Courts may exercise their original civil and criminal jurisdiction only if the subordinate courts lack the authority to try such matters due to a lack of jurisdiction.
The Calcutta High Court in Kolkata, established on 14 May 1862, is the oldest High Court in India. The High Court of Bombay and Madras are also among the oldest, established in 1862. The Allahabad High Court, established in 1866, is the largest High Court, consisting of 160 judges. The Andhra Pradesh High Court and Telangana High Court are the newest High Courts, established in 2019.
The Mumbai and Guwahati High Courts have jurisdiction over more than two states. The Guwahati High Court extends its jurisdiction to Assam, Arunachal Pradesh, Nagaland, and Mizoram. The Mumbai High Court's jurisdiction includes Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu. The Punjab and Haryana High Court have jurisdiction over Punjab, Haryana, and Chandigarh.
Threatening Someone: What Indian Law Says
You may want to see also
Explore related products
District Courts and their functions
The Indian judiciary is a three-tiered system, with the Supreme Court at the top, followed by the High Courts, and finally, the District Courts. The District Courts are the district courts of the state governments for each district or for one or more districts, depending on the caseload and population distribution. They are presided over by a district judge, who is the highest judge at the district level and is appointed by the governor of the state on the advice of the chief justice of the high court. The district judge also has supervisory control over additional and assistant district judges, who may be appointed depending on the workload.
The district courts administer justice at the district level and are the principal courts of original civil jurisdiction, alongside the high court of the state. They derive their jurisdiction in civil matters primarily from the Code of Civil Procedure. When exercising jurisdiction on criminal matters under the Bharatiya Nagarik Suraksha Sanhita, the district court is referred to as a court of sessions. The district and sessions judge is referred to as the "district judge" when presiding over civil matters and as the “sessions judge” when presiding over criminal matters.
The district court has jurisdiction over both the original and appellate sides in civil and criminal matters arising in the district. On the criminal side, the maximum sentence a sessions judge of the district court may award is capital punishment. The district court also has appellate jurisdiction over all subordinate courts in the district, which include, in ascending order, the Junior Civil Judge Court, Principal Junior Civil Judge Court, and Senior Civil Judge Court (also called the sub-court).
In metropolitan areas, which are designated as such by the state government if the population exceeds one million, the district court is referred to as the metropolitan session court, and the district judge is referred to as the metropolitan session judge.
Nova Southeastern University: Real Estate Law Programs?
You may want to see also
Explore related products
Village/Panchayat Courts and their role
The Indian judiciary is a system of courts that interpret and apply the law in the Republic of India. It is made up of three levels: the Supreme Court, the High Courts, and the subordinate courts.
Village/Panchayat Courts, also known as Nyaya Panchayats, Gram Nyayalayas, or Gram Kachheri, function in some states to decide on civil and criminal disputes of a petty and local nature. They are not part of the formal judiciary system of India, but they do play an important role in providing access to justice at the village level. These courts are recognised through the 1888 Madras Village Court Act and have developed in various provinces and Indian states since 1935.
The concept of Nyaya Panchayats, or 'justice panchayats', is deeply rooted in the traditional forum of Panchayats, which is an age-old institution in India. The Panchayats are guided by local traditions, culture, and the behavioural patterns of the village community, which helps to instill confidence in the people towards the administration of justice. The decisions are made by panchas, or village folk, who strive for fairness and consistency with the unique conditions of the parties involved.
The Law Commission and the Study Team on Nyaya Panchayats have recommended the revitalisation of these village courts to help dispose of a large number of cases and relieve the burden on regular courts. They are also effective in getting many cases compromised through peaceful conciliation, thus reducing the number of appeals and revisions. The introduction of the 73rd Amendment to the Constitution has further strengthened the institution of Nyaya Panchayats, empowering people at the grassroots level to resolve their disputes amicably.
The Gram Nyayalayas Act of 2008 envisioned 5,000 mobile courts in the country to handle petty civil and criminal cases. However, as of May 2012, only 151 Gram Nyayalayas were functional due to financial constraints and reluctance from lawyers, police, and government officials.
Ohio Real Estate: Who Enforces the Rules?
You may want to see also
Frequently asked questions
The Judiciary of India is a system of courts that interpret and apply the law in the Republic of India. The Supreme Court of India is the highest court and the final court of appeal for all civil and criminal cases in India.
The Supreme Court consists of the Chief Justice of India and a maximum of 33 fellow judges. The administrative wing of the court is known as the Registry, which is divided into two main parts: Administration and Judicial. The administrative power for determining the work structure of the Court and the Registry vests in the Chief Justice of India.
A person must be a citizen of India and must have been a Judge of a High Court or an Advocate of a High Court for a certain number of years. Alternatively, they must be considered a distinguished jurist in the opinion of the President.
