The Indian Judicial System
The Indian Judicial System
• Judiciary is a single integrated system of courts
for the Union and State.
Supreme Court
• Is the head of the system, not only supervises
but also exercises control over the functioning
of other courts.
• A single civil and criminal system operates
throughout the country.
• All cases coming from the Lower courts can be
taken to the High Court and ultimately to
Supreme Court.
• Power to punish for its contempt.
• Removal by Special Majority: Very difficult
• Salaries and Pensions cannot be varied to their
disadvantage.
• Discussion of the conduct of judges forbidden
in Parliament.
Note cards
Table of content
Board: C.B.S.E.
Grade/std: 8
th
Name of the chapter: The Judiciary
Reference book/s: Social and political life
-Ratna Sagar, and Part III- N.C.E.R.T.
Std.8
th
.
• The Indian Judicial system
• Independence of Judiciary
• Power and functions of the Supreme court
• High court
• Hight court – functions
• District and lower courts
• Lok Adalat
• Features of Lok Adalat
• Difference between the court of the district
judge and sessions court.
Independence of Judiciary is ensured
by
Independence of Judiciary is
ensured by
• Appointment of Judges by President after
consultation with the Cabinet as well as the
Judges of Supreme Court and High Court.
• Removal of Judges – can be done only by the
President for proved misbehaviour and
incapacity
• Security of Tenure – till he has attained the
age of 65 years or until “proved misbehavior or
incapacity”
• Full control over its procedure of work and
establishment No discussion in the Legislature
on the conduct of Judges.
• Prohibition of practice after retirement.
• Punishment for Contempt of Court.
• Freedom to announce decisions and decrees.
• Security of Salaries and Services – can’t be
reduced except at the time of emergency.
• Original Jurisdiction
• Protector of Fundamental Rights
• Appeals
• Judicial Review
• Advisory Jurisdiction
• Court of Record
• Revisory Jurisdiction
• Appellate Jurisdiction
Judicial Activism
• Over the decades, the courts have become
increasingly active and now the courts seek to
fulfil the constitutional goals of justice and
equality.
• The court has decided to provide legal
protection to the marginalized section of the
society, this is called judicial activism.
Judicial review
• The Constitution is the fundamental law of the
nation. If any law passed by the Legislature or
any act of the Executive violates any provision
of the Constitution, the said law or act is
declared illegal and struck down by the court.
This power of the court is called Judicial
Review.
Original Jurisdiction hears directly any dispute:
• between the Government of India and one or
more States,
• between the Government of India and any
State or States on one side and one or more
States on the other or
• between two or more States.
Appellate Jurisdiction
• Hears appeals against the judgment of a High
Court:
• In civil case - When in the opinion of the High
Court the said question needs to be decided by
the Supreme Court.
• In criminal cases- Where the High Court has
convicted the accused and sentenced him to
death and where the High Court certifies that
the case is a fit one for appeal to the Supreme
Court.
Advisory Jurisdiction
• If President seeks advice of Supreme Court on
any issue related to public interest, SC gives
such advice.
• This advice of the Court is binding neither on
the President nor on the parties affected by the
opinion.
Revisory Jurisdiction
• Has the power to review its own judgement or
order with a view to remove any mistake or
error that might have crept in the judgement or
order.
Court record
• Is a court of record whose judgements are
recorded for evidence and testimony.
• Writ Jurisdiction
• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto
Composition:
• Appointed by President of India in consultation
with Chief justice of Supreme Court and
Governor of that state.
Chief Justice: Qualification:
• Citizen of India
• Below 62 years of age
• Has held judicial office in India for at least 10
years or Advocate in High Court for at least 10
years.
High Court functions:
• To supervise and maintain control over the
lower courts.
• Authority to give orders to protect the
Fundamental Rights.
• Governor seeks advise of the High court while
appointing judges for the District courts.
These courts are at the District level and has one
district judge.
The branches of law in India
Civic cases
1. Matters concerning land revenue.
2. Blatant injustice has been committed by
tribunals.
Criminal cases
1. Against the judgement of sessions judge or an
additional sessions Judge (sentence of
imprisonment is more than 7 years).
2. Against judgement of Assistant Sessions
Judges or other Judicial Magistrates (sentence
of imprisonment exceeds 4 years).
3. Sentence of death must be confirmed by high
court before carried out.
Courts of Revenue
Exercise jurisdiction in following cases:
a) Land record
b) Assessment and collection of land revenue
Lok Adalats
• Both parties in dispute should agree for
settlement.
• There is no court fee.
• If the case is already filed in the regular court,
the fee paid will be refunded if the dispute is
settled at the Lok Adalat.
• The procedural laws and the Evidence Act are
not strictly followed while assessing the merits
of the claim by the Lok Adalat
• The decision of the Lok Adalat is binding on
the parties to the dispute and its order is
capable of execution through legal process.
• No appeal lies against the order of the Lok
Adalat.
• means People’s Court
• as a way of settling disputes both quickly and
inexpensively.
• voluntary agencies at present and are monitored and
overseen by State Legal Aid and Advice Board.
• First time held at Junagadh (Gujarat) in October
1982. The Lok Adalat is presided over by a sitting
षसकत or retired judicial officer as the chairman,
with two other members, usually a lawyer and a
social worker.
• The Legal Services Authority Act, 1987 has been un-
acted which will provide a statutory footing to the
legal aid movement.
• Till now lakhs of cases are being settled.
Features: Lok Adalats
• It is very effective in settlement of money
claims. Disputes like partition
suits, damages and matrimonial cases can also
be easily settled before Lok Adalat, as the
scope for compromise through an approach of
give and take is high in these cases.
• Has the jurisdiction to settle, by way of
effecting compromise between the parties, any
matter which may be pending before the court,
as well as matters at pre-litigative stage i.e.
disputes that have not been formally instituted
in any court of law.
Features: Lok Adalats