Mon. Jan 20th, 2025
All Judiciary Exams – Preparatory Study Material
About Lesson

The Indian judicial system is one of the oldest legal systems in the world. The Constitution of India establishes an integrated judicial system with the Supreme Court at the apex, High Courts at the state level, and a hierarchy of subordinate courts at the district and local levels. This unified structure ensures the effective administration of justice while maintaining the federal nature of the country.

Supreme Court of India

Constitutional Position

  • Established under Article 124 of the Constitution
  • Highest court and final court of appeal in India
  • Located in New Delhi
  • Guardian of the Constitution and fundamental rights

Composition

  • Chief Justice of India (CJI) and other judges
  • Maximum strength of 34 judges (including CJI)
  • Appointed by the President of India
  • Consultation with CJI mandatory for the appointment of other judges
  • Judges hold office until the age of 65 years

Jurisdiction

Original Jurisdiction (Article 131)

  • Disputes between the Government of India and States
  • Disputes between States
  • Enforcement of Fundamental Rights (Article 32)

Appellate Jurisdiction

  • Constitutional matters (Article 132)
  • Civil matters (Article 133)
  • Criminal matters (Article 134)
  • Special leave to appeal (Article 136)

Advisory Jurisdiction (Article 143)

  • President can seek opinions on questions of law or fact
  • Supreme Court’s opinion is not binding on the President

High Courts

Constitutional Position

  • Established under Article 214
  • The highest court in the state judicial hierarchy
  • Every state has a High Court (Article 214)
  • Union territories come under the jurisdiction of specified High Courts

Composition

  • Chief Justice and other judges
  • Appointed by the President in consultation with CJI and the State Governor
  • Judges hold office until the age of 62 years

Jurisdiction

Original Jurisdiction

  • Enforcement of Fundamental Rights (Article 226)
  • Revenue matters
  • Company law cases
  • Election petitions
  • Admiralty cases
  • Matrimonial matters

Appellate Jurisdiction

  • Appeals from subordinate courts in civil and criminal matters
  • Review and revision powers
  • Supervision over subordinate courts (Article 227)

Special Powers

  • Power of superintendence over subordinate courts
  • Power to transfer cases
  • Power to issue writs

Subordinate Courts

District Courts

Structure

  • Principal Civil Court of Original Jurisdiction
  • Principal Court of Criminal Jurisdiction
  • Presided over by District Judge

Civil Courts Hierarchy

  • District Court/Civil Judge (Senior Division)
  • Civil Judge (Junior Division)
  • Small Causes Courts for small claims

Criminal Courts Hierarchy

  • Sessions Court
  • Chief Judicial Magistrate Court
  • Judicial Magistrate First Class
  • Judicial Magistrate Second Class

Special Courts

Family Courts

  • Established under the Family Courts Act, 1984
  • Handle matrimonial disputes
  • Emphasis on conciliation and speedy justice

Consumer Courts

  • National Consumer Disputes Redressal Commission
  • State Consumer Disputes Redressal Commission
  • District Consumer Disputes Redressal Forum

Specialized Tribunals

  • Administrative Tribunals
  • Income Tax Appellate Tribunal
  • National Green Tribunal
  • Armed Forces Tribunal
  • Others are based on specific laws

Lok Adalats (People’s Courts)

Legal Basis

  • Established under Legal Services Authorities Act, 1987
  • Alternative dispute resolution mechanism
  • Part of the judicial system

Functions

  • Settlement of disputes through conciliation
  • Binding decisions if both parties agree
  • No appeal against Lok Adalat award

Gram Nyayalayas

Establishment

  • Set up under Gram Nyayalayas Act, 2008
  • Mobile courts at the village level
  • Presided over by Nyayadhikari

Jurisdiction

  • Both civil and criminal cases
  • Specified cases under central and state laws
  • Focus on rural justice delivery

Special Features of Indian Judiciary

Independence of Judiciary

Constitutional Provisions

  • Separate from Executive and Legislature
  • Security of tenure for judges
  • Fixed service conditions
  • Independent appointment process

Financial Independence

  • Salaries and allowances charged on Consolidated Fund
  • No vote is required in Parliament/State Legislature

Integrated Judicial System

Single System of Courts

  • Administers both central and state laws
  • Uniform law interpretation
  • Unified judicial administration

Common Jurisdiction

  • No separate federal and state courts
  • Appeals flow from lower to higher courts
  • Uniform procedure codes

Judicial Review

Power to Review

  • Legislative acts
  • Executive actions
  • Administrative decisions

Scope

  • Constitutional validity
  • Protection of fundamental rights
  • Check on arbitrary power

Recent Developments and Reforms

E-Courts Project

  • Computerization of courts
  • Digital case management
  • Online filing facilities
  • Virtual court hearings

National Judicial Data Grid

  • Online database of court cases
  • Case status tracking
  • Statistical analysis
  • Transparency in the judicial system

Alternate Dispute Resolution

Mechanisms

  • Arbitration
  • Mediation
  • Conciliation
  • Negotiation

Benefits

  • Reduces court burden
  • Speedy resolution
  • Cost-effective
  • Maintains relationships

Challenges and Way Forward

Current Challenges

Pendency of Cases

  • Large backlog
  • Delayed justice
  • Resource constraints

Infrastructure

  • Inadequate facilities
  • Need for modernization
  • Technology integration

Accessibility

  • Cost of litigation
  • Geographic barriers
  • Language issues

Reform Measures

Short-term

  • Increase the number of judges
  • Improve infrastructure
  • Strengthen ADR mechanisms

Long-term

  • Judicial reforms
  • Procedural simplification
  • Technology adoption

Conclusion

The Indian judicial system, with its hierarchical structure and integrated nature, forms the backbone of justice delivery in the country. While facing various challenges, it continues to evolve through reforms and modernization efforts. Understanding this structure is crucial for aspirants preparing for judicial examinations, as it forms the foundation for the administration of justice in India.

The system’s strength lies in its independence, integrated nature, and ability to adapt to changing needs while maintaining its fundamental role as the guardian of justice and constitutional values. Continuous reforms and technological integration are making the system more efficient and accessible, though challenges remain to be addressed for optimal functioning.