Learn All About the Structure of Judiciary In India
Author : Shashwat Srivastava
Updated On : November 16, 2023
Reader's Digest - Hey there, curious minds! Ever wondered how the gears of justice turn in the world's largest democracy? Join us on a fascinating journey as we unravel the captivating structure of Judiciary in India, where law and order find their harmony.
You may have heard the terms "Supreme Court," "High Courts," or "District Courts," but do you know how they all fit together?
In India, the judicial structure is integrated. There is one unified judicial system- one hierarchy of courts – with the Supreme Court as the highest court and the judge in relations between the Union and the States.
You might be wondering why it is essential to understand the structure of judiciary in India. Well, let me tell you, it's crucial for every citizen to have a basic understanding of this system that plays a vital role in upholding justice and maintaining the rule of law in our country.
To grasp the importance, you must note that the judiciary is one of the three pillars of our democracy, along with the executive and legislative branches. It acts as a check and balance, ensuring that the laws enacted by the legislature are followed and that the rights of individuals are protected.
From the apex of legal authority to the grassroots level, we'll explore how this system is organized, what each level entails, and why it matters to every citizen.
Hierarchy of Courts in India
Under our Indian Constitution, a single integrated system of Courts for the Union and the States administers both Union and State laws. At the head of the judicial system stands the Supreme Court of India.
Below the Supreme Court are the High Courts of different States, and under each High Court, there are 'subordinate courts', i.e., courts subordinate to and under the control of the High Courts.
At the top of the system is the Supreme Court of India, followed by High Courts at the State level, and High Courts are 20 in number.
The High Court is the pinnacle court in the State. Article 214 states shall have a High Court in each State.
Refer to the structure of judiciary in India from the following.
The total count of High Courts in the country is 21.
Each High Court comprises a Chief Justice and other judges as the President of India occasionally appoints.
Under Article 141, these judges and CJI's are bounded by the judgments and orders of the Supreme Court of India by precedence.
The jurisdiction of these courts spreads over a state, a union territory, or a group of states and union territories.
Under Part 4, Chapter V, Article 214 of the Constitution, High courts are instituted as constitutional courts.
The High Courts are the principal civil courts of original jurisdiction in the State, along with District Courts, which are subordinate to the High Courts.
However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the high court in the State are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction.
High courts may also enjoy original jurisdiction in certain matters designated specifically in a state or Federal law. e.g., Company law cases are instituted only in a high court.
As per Article 226 of the Constitution of India, the primary work of High Courts includes appeals from lower courts and writ petitions.
Also, Writ Jurisdiction is the original jurisdiction of the High Court.
The particular territorial jurisdiction of each High Court varies.
The President appoints judges in a High court after consultation with the Chief Justice of India, the governor of the State, and the High Court Chief Justice.
The number of judges in a court is decided by dividing the average institution of prominent cases during the last five years by the national average or the average disposal rate of main points per judge per year in that High Court, whichever is higher.
The Calcutta High Court is the oldest in the country, established on July 2, 1862.
The Allahabad High Court is the most significant High Court, with a sanctioned strength of 160 judges.
In conclusion, understanding the structure of the Judiciary in India is vital for every citizen. It ensures transparency, accountability, and access to justice. Here are the key takeaways:
- The Indian judiciary consists of the Supreme Court and subordinate courts.
- The Supreme Court is the highest authority, responsible for interpreting and applying laws and upholding the Constitution.
- Subordinate courts include High Courts, District courts, and Tribunals, each with specific jurisdiction.
- Knowledge of the judiciary's structure helps to navigate the legal system effectively.
- It enhances understanding of appeal processes and available judicial remedies.
- Awareness of the structure promotes transparency and enables citizens to hold the judiciary accountable.
With this understanding, we can actively uphold justice and safeguard our rights within the Indian legal system.
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