What is Judicial System of India?

By Ayush Chandra 9 Minutes Read

Introduction

The existing judicial system of India is moving efficiently through the Constitution of India. The judicial system of India primarily consists of three types of courts-

  • the Supreme Court,
  • The High Courts and
  • the subordinate courts.

 The practical rules and laws are made of the Constitution and other laws and guidelines structured mainly upon the support of British Law with the improvised translation suitable for India. These laws and controls, along with the Constitution, are fundamental in determining the composition, jurisdiction, and control of the respective courts. The below review will highlight the characteristics and the functions of the three kinds of courts so far, the judicial system of India is involved [1].

Supreme Court- Its Role in the judicial system

This court is with the rank of the most distinguished level of courts as per Chapter IV of Part V of the Indian Constitution. This court is established in the capital of India, New Delhi.

Judicial System of India

The judges of the Supreme Court are being selected by the President of India. The system is to transfer the panel of seeming judges by the Chief Justice of the Supreme Court within collegiums to the President of India with the permission of the Central Government.

The requirements and the provisions of the judges so far engagement and the tenure of duty are determined as per below:

  • He should be a resident of India.
  • He should have the knowledge of working as the Judge of High Court for the smallest period of at most limited five years, or he should be an advocate of High Court for at most limited ten years or he should be held by the President as a notable lawyer.

The Judge of the Supreme Court is suitable for making his services by taking office up to the age of sixty-five years if he has not abandoned or excluded on the grounds of any act of misbehavior or proving ineffective of holding his duties[2].

Jurisdiction of Supreme Court

The jurisdiction of the Supreme Court is categorized under different types:

  • Original jurisdiction: The Supreme Court uses primary jurisdiction, particularly to understand the causes of conflicts between the Central Government and the State Governments or the benefit of the States. The Supreme Court has primary but not particular jurisdiction for the implementation of Fundamental Rights as per the requirement of the Constitution of India through the way of writs.
  • Appellate Jurisdiction: The Supreme Court has the jurisdiction of understanding the appeal proposed against the judgment of all High Courts of India presented the particular High Court awards the document compared to the question about the sense of the Constitution of India. In case of any civil conflict, if the High Court considers that the interference of the Supreme Court is expected to decide the substantial question of law concerning interest in common is there and the High Court indicates that the particular question is to be determined by the Supreme Court.

In case of any unlawful dispute, if the High Court considers that the same is to be discovered by the Supreme Court. It is the discretional power of the Supreme Court to hear any unlawful case without the testimony of High Court against the decision presented by High Court through which any judgment of death sentence is being declared while changing the original judgment of the lower court of discharge order to the accused or in case of the removal of the case from the lower court.

  • Advisory jurisdiction: The Supreme Court has the advantage to arrive at its conclusion to the President about any issues proposed of public interest referred by the President.

The High Courts- Its role in the constitutional system

The Constitution of India has awarded the provision admiring the judicial system within Chapter V of Part Vi for high courts. The main characteristics are presented below:

Establishment

The Constitution presented that each state or higher than one state should have one High Court. The Union Territories of Manipur, Goa, and Tripura have the judicial Commissioner Courts. The Constitution has addressed provisions for the other Union Territories to discover high courts.

Court of Record

All the High Courts have the capability to declare the sentence for contempt of court, and therefore, they will be handled as a Court of Record.

Appointment of Judges

The employment of the Judges of High Court is provided by the President of India with the consultation of the Chief Justice of India, the Chief Justice of separate High Court, and the Governor of the state.

Number of Judges

The President of India has the jurisdiction to fix the number of judges of the High Court as per demand. The basic part of this design is being resolved through the central administrator, which can conclude about the number of judges in High Court, which is being selected with an adjustable position[3].

Qualification of Judges

A person, being the resident of India withholding the judicial office in India for ten years or an advocate of the High Court for ten years, is qualified for being the Judge of the High Court.

Tenure of service

The judges of the High Court have the greatest season of service for up to sixty-two years. Till then, they cannot be separated from their services if any experience of misconduct or incapacity is determined and seconded by two-third of members of both houses of parliament through voting.

Salary of Judges

This is done as per directed information in the second schedule of the Constitution and can not be replaced without any alteration of the Constitution[4].

Writ Jurisdiction and Superintendence

Excepting for High Courts of Kolkata, Chennai, and Mumbai, none has the capability to publish the privileged writs. At modern Article 226 of the Constitution of India has provided the capability to the high Courts to proceed with different writs.

Article 227 of the Indian Constitution has granted all high courts to exercise supervision over all the courts of tribunal useful within the territorial jurisdiction of the High Court.

Subordinate Courts of India

Chapter VI of Part VI of the Indian Constitution [5]has addressed preparations for subordinate courts compared to the judicial system. These courts are at the state level under the direct supervision of the High Court. The exercises like employment advancement and posting of judges are made by the Governor of the state by discussing particular High Court.

The standard of fitness of a district judge is that he must be an advocate for at least seven years with the certificate of the respective high court. The High Court has the single, changeable power compared to the organizational things like posting, advertising, or leave, which can be presented by the requirements of service as per the law relevant for subordinate courts.


[1] Rana Kamal, 2014, Judicial System in India
[2] Rana Kamal, 2014, Powers and Functions of Supreme Court in India
[3] Sabharwal, 2014, Role of judiciary in good governance
[4] Archit Gupta, 2012, Judiciary System in India
[5] THE STATES

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