The Judicial System in India: Supreme Court, High Court, District and Subordinate Courts - Indian Polity Notes

Judicial Syatem in India Overview

Based on historical judicial precedents that were left behind by British colonial rule, the judicial system in India adheres to the common law system. The Indian government is supported by three pillars: the legislature, the executive branch, and the judiciary. The judicial system in India is independent. 

Introduction to Judicial System in India

The legislative, executive, and judicial branches of government make up the three pillars of the judicial system in India. A division of powers and a system of checks and balances are required by the Indian Constitution. The judiciary is essential in ensuring that the legislature and the executive stay within their constitutional bounds and refrain from using their authority arbitrarily. The Indian Constitution guarantees that the judiciary is free from the influence of the legislative and executive branches. 

Independent Judicial System in India

1. It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary's functioning.
2. The other organs respect the judiciary's decision and do not meddle with it.
3. Judges can carry out their responsibilities without fear or favor.

Additionally, the judiciary's independence does not imply that it operates capriciously or without any oversight. It is accountable to the Constitution of the country.

History of Judicial System in India

In ancient India, the king served as the chief judge, and the family court was the lowest court, starting with the family arbitrator. The administration of justice was one of the sovereign's main responsibilities, and the King's ministers and counselors assisted him in this endeavor. As civilization developed, the responsibilities of the king were transferred to the judges, who were versed in the Vedas. Dharma, a system of laws outlining the obligations each person has in life, served as the foundation on which justice was administered. The law was derived from customs. This system continued until the Mughal period.

The office of the Qazi oversaw justice administration during the Mughal era. There was a Qazi in each provincial capital and large town. The parties were present during the trial, and the Qazis were under strict instructions to prepare their legal paperwork meticulously. The King served as the final court of appeals. This system of justice was replaced by the British.

The Sadar Diwani Adalat and the common law system were both introduced by the British to India. High courts were later established in their wake. In 1862, Calcutta became the location of the first high court. The high courts were also established in Madras and Bombay. The Government of India Act, 1935, then established the federal court, which had a wider scope of authority than the high courts. As a result, the common law system forms the foundation of much of the current judicial system in India.   

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Hierarchy of Judicial System in India 

To decentralize and address issues at the local level, the judicial system in India is divided into several levels. The basic structure is as follows:

1. Supreme Court

Established on January 28, 1950, it is the highest court in the nation. Since it is the highest court of appeal, both initial lawsuits and appeals against High Court rulings are permitted. The Supreme Court is comprised of the Chief Justice of India and 25 other judges. The Supreme Court's powers are outlined in Articles 124 through 147 of the Indian Constitution.

Historical perspective

The Supreme Court of Judicature was established in Calcutta by the Regulating Act of 1773. Madras and Bombay both established comparable courts in 1800 and 1823, respectively. 

The 1935 Government of India Act, which established the Federal Court of India, served as the foundation for the Supreme Court of India. The Supreme Court of India is the highest court of appeal, and no appeal can be made against its decision before any other court. This makes it different from the Federal Court in that appeals from the Federal Court can be made to the Privy Council. 

Appointment of Judges of the Supreme Court

The process for appointing Supreme Court justices is outlined in Article 124(2) of the Constitution. In consultation with the Chief Justice of India, the President of India appoints the Supreme Court's judges. The Supreme Court and high court judges are available for consultation by the President as needed. When it comes to selecting judges for the Supreme Court, the Law Minister also counsels the President.

Jurisdiction of the Supreme Court

The Supreme Court has jurisdiction over initial cases, appeals, and advisory matters.

• Original Jurisdiction: Article 131 establishes the Supreme Court's original jurisdiction. The court's original jurisdiction includes disputes involving the Union and the States as well as two or more States.
• Appellate Jurisdiction: The Supreme Court has a very broad scope of appellate jurisdiction. The Apex Court will hear appeals when there is a significant legal question at stake. According to Article 136(1), such matters may be referred either with the high court's approval or through a special leave petition.
• Advisory Jurisdiction: In accordance with Article 143(1), the President may refer any matter to the Supreme Court for its advisory opinion. Any legal issue, one of public importance, or one involving a pre-constitutional treaty or agreement may warrant the President's request for an advisory opinion.
• Review jurisdiction: In accordance with Article 137, the Supreme Court has the authority to revisit any of its earlier rulings.

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2. High Courts

State-level High Courts are the highest judicial body. The authority of high courts is outlined in Article 214. In India, there are 25 high courts. High courts only have civil or criminal jurisdiction if the state's lower courts are unable to handle the case. High courts may even take appeals from lower courts. High Court judges are appointed by the President of India upon consultation with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State.

Appointment of judges to the High Courts

The President appoints the High Court judges. The President appoints the Chief Justice of the High Court after consulting with the Chief Justice of India and the Governor of the relevant state. The Chief Justice of the relevant high court must be consulted by the President with regard to other high court judges. 

Jurisdiction of a High Court

The high court exercises jurisdiction over the territorial limits of the concerned state.

• Original jurisdiction: The Supreme Court has exclusive authority to rule on cases involving the protection of fundamental rights, certain tax-related issues, and legislative elections. The high court has the power to punish for its contempt under Article 215.
• Appellate jurisdiction: Both civil and criminal appeals fall under the high courts' purview. The high court can hear an appeal in cases where the sessions court sentences the defendant to at least seven years in prison or the death penalty. Furthermore, appeals to the high courts are permitted in cases involving important legal issues.
• Writ Jurisdiction: The high courts have the authority to issue writs to enforce peoples' rights under Article 226 of the Constitution. It is important to remember that the high court has the authority to issue writs to enforce both legal and fundamental rights. 
• Supervisory jurisdiction: The high courts are granted supervisory jurisdiction under Article 227 of the Constitution. All such courts and tribunals that are established within the high court's territorial jurisdiction are overseen by it. 
• Review jurisdiction: According to Article 226, the high courts have the authority to examine their own rulings and orders. When there has been a flagrant procedural error or when there has been a material error leading to a miscarriage of justice, the high courts will consider a review petition. 

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3. District Courts

 Based on the volume of cases and population density, district courts are established by the state governments of India for each district or group of districts. District Court decisions are enforceable because they are directly supervised by High Courts. Each district typically has two different types of courts-

Civil Courts

Civil courts offer redress for civil wrongs that individuals have committed against other people and entities. Contract infringements, property disputes, and divorce cases are all examples of civil matters. The ubi jus ibi remedium (for every wrong, the law provides remedy) principle is followed by civil courts. Civil courts have the authority to hear all cases of a civil nature, unless expressly or implicationally prohibited by any other law currently in force.

The procedures that civil courts in India must adhere to when handling civil cases are governed by the Code of Civil Procedure (CPC) of 1908.

Every lawsuit must be filed with the Munsif court because it has the lowest jurisdictional standards. Upon institution, it is determined if the relevant court has the authority to hear the case.

The district-level civil court hierarchy is as follows:

1. District Courts: A district's highest civil court is the court of district judges. Both judicial and administrative duties are performed by it. The District Judge has the authority to hear both criminal and civil cases. Hence, they are designated the District and Sessions Judge.
2. Sub-judge Courts: The sub-judge and additional sub-judge courts may hear the case if the suit's subject matter is worth more than Rs. 1 lakh.
3. Additional Sub-Judge Courts: This is built based on the caseload.
4. Munsif Courts: The Munsif Court has the authority to hear a case if the subject-matter is worth Rs. 1 lakh or less.

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Criminal Courts

The Code of Criminal Procedure (CrPC) mentions the authority of the various criminal courts.

Any offense listed in the Indian Penal Code may be tried in accordance with Section 26 of the CrPC by:

1. High Courts
2. Courts of Session
3. any other Court listed in the Code of Criminal Procedure's First Schedule.

District judges are in charge of district courts. Depending on the volume of cases, additional district judges and assistant district judges may be appointed. The High Court hears appeals against District Court rulings.

Appointments and composition

A district judge who is chosen by the state's governor presides over the district courts. The governor consults with the relevant high court before appointing the district judge. The workload will determine whether an additional district judge is appointed. The State Public Service Commission appoints additional judges.

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4. Nyay Panchayat

The Nyay Panchayats were created at the village level with the intention of offering quick and affordable justice. They are founded on the guidance given by Article 40, which mandates that the state take action to give the panchayats more power. The panchayats were given constitutional status by the 73rd Constitutional Amendment.

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5. Lok Adalat

In contrast to the Nyay Panchayat, the Lok Adalats seek to settle disputes through mediation and arbitration rather than through adjudication. The "People's Court" is another name for the Lok Adalats. The Lok Adalats are made up of active and retired judges as well as other individuals that the Central Government specifies.  

The Legal Services Authorities Act, 1987, granted the Lok Adalats statutory status. The organization of Lok Adalats is specifically covered in Chapter VI of the Act. According to Section 21 of the Act, a Lok Adalat's decision is regarded as a civil court's judgment. Furthermore, the parties to the dispute must abide by the terms of the award.  

6. Tribunals 

The Constitution gives the government the authority to create special tribunals to handle particular cases, such as tax disputes, real estate disputes, consumer disputes, etc.

Appellate jurisdiction refers to a court's ability to rehear or reconsider a case that was previously decided by a lower court. The Supreme Court and High Courts in India both have appellate jurisdiction. They may either overrule or uphold the judgments of lower courts.

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Functions of the Judicial System in India

1. Constitutional interpretation and protection: The judiciary is in charge of defending and upholding the Constitution and its principles. Any law, ordinance, rule, or regulation that violates or infringes on the Constitution is overturned by the courts, which interpret it.  
2. Inter-state disputes: The Indian Constitution establishes a federal system of government. Conflicts between the states, the Union, and the States are therefore unavoidable. The judiciary, in particular the Supreme Court, is important in resolving these conflicts. 
3. Protection of Fundamental Rights: Article III of the Constitution grants certain fundamental rights to everyone, including legal, natural, and non-legal persons as well as citizens. These fundamental rights are protected by the judiciary. The Constitutional courts have the authority to issue writs if any legislative or executive action restricts these rights.
4. Assistance with enacting laws: In several instances, the courts issue directives that are later incorporated by the legislature into statutes. In order to address the issues of modern society, the courts frequently recommend to the legislature that a new law be drafted or that an existing law be modified or amended. Additionally, the judiciary advises the President and clarifies any ambiguities regarding constitutional provisions.

Hurdles in the judicial system in India

India's judicial system is currently dealing with a number of challenges. Some of them are:

1. The Supreme Court and the high courts, which make up the constitutional courts, are overworked. Justice is greatly delayed as a result, and litigation can sometimes drag on for years.
2. Litigation is an expensive endeavor, and frequently, ordinary people are forced to give up their rights and claims because they cannot afford the legal proceedings. 
3. The judiciary lacks the necessary infrastructure to effectively handle the massive caseload. The courthouses are packed to capacity, and several courts lack adequate digital infrastructure. 
4. Several laws from the British era need to be updated, modified, or repealed because they are no longer necessary. 
5. Due to the overwhelming number of cases that are brought before the lower courts, the courts frequently grant adjournments, which causes delays. 
6. While their cases are pending, the prisoners who are awaiting trial rot in jails for years. 
7. In India, there are about 21 judges per million citizens. The Law Commission called attention to the need to raise the ratio of judges to the general population in its 245th Report. According to the report, there is a significant backlog of cases due to the lack of judges, and this problem needs urgent and immediate attention. 

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Conclusion

Any democracy must have a strong, independent judiciary to succeed. The Indian judicial system makes sure that the rule of law is upheld and that citizens' rights are not infringed upon. It also maintains control over the legislature and the executive, the other two branches of government. 

However, there are a number of issues with the Indian judicial system that must be resolved as soon as possible. The lack of judges must be urgently addressed, and it must be made sure that cases are resolved quickly. In order to attract talent to the judicial profession, it is also necessary to improve the trial court's working environment and judicial infrastructure.