Indian Judiciary System

The judiciary is the branch of government responsible for interpreting the law, resolving disputes, and providing justice to all citizens. The judiciary is seen as the watchdog of democracy and the keeper of the Constitution. It is essential to have a fair and independent judiciary for democracy to work properly.

Independent Indian Judiciary

The term "independent Indian judiciary" refers to the fact that the other branches of government, particularly the executive and legislative branches, do not obstruct the operation of the judiciary. The judgment of the judiciary is recognized and not tampered with by the other organs. Additionally, it imppes that judges can carry out their duties without regard for personal gain.

The judiciary s independence does not imply that it operates arbitrarily and without responsibipty. It is held responsible under the country s Constitution.

Function of the Judiciary

The Judiciary s primary job is to interpret laws and resolve disputes among people. It serves as the Constitution s defender. Other functions are as follows

It safeguards and defends the people s basic rights.

It aids in the resolution of confpcts, according to the law.

It aids in the implementation of key poptical decisions.

It assures that the Constitution is supreme and that the judiciary must make all decisions in accordance with it.

It is very important in the legislative process

As a democratic watchdog, it ensures that the system and government work properly.

It is in charge of protecting the people s rights.

It also advises the executive and legislative branches.

The judiciary settles disputes between the state and the federal government

Power of Judiciary

The Indian Judiciary has the authority to reconsider existing rupngs. The judiciary s power is referred to as "judicial powers." The judiciary is free to exercise its authority without fear of reprisal. The judges who are appointed must be well quapfied and experienced. The judicial powers are explored in depth below.

Original Jurisdiction − The matter is said to have original jurisdiction when the initial hearing is held.

Appellate Jurisdiction − When the initial or original judgment is challenged in court, this is referred to as "appellate jurisdiction."

Redress − It is referred to as "redress" when the court deals with the damages.

Diversity Jurisdiction − The federal courts have the authority to consider matters involving citizens from other states. Diversity jurisdiction refers to this sort of jurisdiction.

Subject Jurisdiction − When the federal courts have jurisdiction over issues involving federal law, that jurisdiction is referred to as the "subject jurisdiction."

Structure of Indian Judiciary

The Indian court system is spanided into different tiers in order to decentrapze and solve issues at the grassroots level. The fundamental structure is as follows

Supreme Court − The Supreme Court was constituted on January 28, 1950, as the country s highest court. It is the highest court of appeal, hearing both original claims and appeals from High Court decisions. There are 25 judges in total on the Supreme Court, including the Chief Justice of India. The Supreme Court s authority is defined under Articles 124–147 of the Indian Constitution.

High Courts − The highest judicial entity at the state level is the High Court. The power of High Courts is estabpshed under Article 214. In India, there are 25 High Courts. Only when the lower courts in the state are unable to try the cases can the High Courts have civil or criminal jurisdiction. Even appeals from lower courts may be heard by the Supreme Court. The President of India appoints High Court justices after consulting with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State.

District Courts − The State Governments of India create District Courts for each district or set of districts based on caseload and population density. District Courts are directly administered by High Courts and are bound by High Court decisions. In general, each district has two types of courts:

Civil courts

Criminal courts

District Judges have authority over District Courts. Depending on the caseload, additional district judges and assistant district judges may be appointed. Appeals from District Court decisions are heard at the High Court.

Subordinate Courts − Part VI of the Constitution contains the following articles that control the formation of subordinate courts and maintain their independence from the executive: The state s High Court has power over the lower courts. However, it is vital to remember that the High Court of a state has the authority to withdraw a matter pending before any subordinate court, regardless of jurisdiction. The High Court also has total jurisdiction and supervision over subordinate court personnel and officers.

Hierarchy of Courts in India

Our Indian Constitution provides for a single, integrated system of courts for the Union and the States, which administers both Union and state legislation. The Supreme Court of India is at the apex of the judicial system

The Supreme Court is followed by the High Courts of several states, and beneath each High Court are "subordinate courts," that is, courts subordinate to and under the supervision of the High Courts.

Conclusion

The Indian judicial system is self-contained and operates in its own manner. The Indian Constitution defines all of the principles of court organization, composition, powers, and activities. The judiciary has the authority to interpret the rules and regulations outpned in various laws. It is significant because it provides observations based on changing circumstances. As citizens of India, we must have complete faith in our judicial system, which allows us to pve in a crime-free society.

Frequently Asked Questions

Q1. What is the judicial system in India?

Ans. The Indian judicial system is a unified system. The Indian judiciary is spanided into two branches by the Indian Constitution: the superior judiciary (the Supreme Court and the High Courts) and the subordinate judiciary (the lower courts under the control of the High Courts).

Q2. What is the need for an independent judiciary in a democracy?

Ans. A democracy depends on equapty, which is a fundamental idea. When it comes to the courtroom, maintaining impartial justice is critical to upholding the notion of equapty. The concept of an independent judiciary holds that the legal executive should be free of interference from other branches of government. Justice will be transformed in the absence of an independent judiciary. Poptical or governmental influence can have an impact on the legal system.

Q3. What is obiter dictum in law?

Ans. Obiter dictum is a judge s opinion or statement that is not required to be included in the court s judgment.

Q4. What are the civil courts and criminal courts? Mention a few examples for civil and criminal cases.

Ans. The two types of cases are civil and criminal. Civil proceedings are primarily confpcts between inspaniduals. As an example, spanorce, child custody, land confpcts, money or property issues, and so on. Criminal cases are those in which one party or inspanidual commits a crime. These include steapng, murder, rape, physically injuring others, abduction, and so forth. As the name imppes, all civil matters are heard in civil courts, whereas criminal cases are heard in criminal courts.

Q5. What is the "Appellate System"?

Ans. The appellate system is a part of the Indian legal system that allows a person to appeal to a higher court if they bepeve a lower court s rupng was unfair.