Judiciary

Glossary & Word Origin

Judiciary: The system consisting of courts which interprets the constitution and award judgements is called as
Judiciary.

Judicial Review: The system in which the courts strike down the particular laws passed by the Parliament or Vidhan
Sabhas, if they feel that there is a violation of the basic structure of the Constitution is termed as Judicial Review.

Separation of Powers: The system which separates the powers of state, ensuring that they cannot interfere with
each other is known as Separation of Powers.

Dispute Resolution: The solving of disputes, cases or the bone of contention is known as Dispute Resolution. Independent judiciary: The system which ensures the independence of the judiciary by separating the powers of
state from it, which means that neither the executive nor the legislature can interfere in the working of the courts, they are free from their domination.

Subordinate Courts: The District courts which work as a subordinate to the High Court of states and Supreme Court
are known as Subordinate Courts.

Justice delayed is justice denied: The phrase means that if the judgement in a case comes late, it loses its
significance, it is of no value.

Acquit: The term used by the court to declare a person not guilty of the crime which he/she was accused in the
court.

Compensation: Money given to make amends for an injury or a loss. Eviction: The removal of the persons from land/homes that they are currently living in. Violation: The act of breaking a law/rule. To appeal: A petition filed before a higher court to review a judgement already made on a case by the lower court.
Why do we need courts?

In India we have the rule of law

The law will apply equally to all citizens A certain set of fixed procedures shall be followed when a law is violated.

To enforce this rule of law.

India has a judicial system that consists of the mechanism of courts. A citizen can approach them when a law is violated.

In the form of an organ of state (Nation), the judiciary/court plays a crucial role in the functioning of Indian Democracy.
Role of judiciary

The courts take decisions or numerous issues. They also punish people for particular crimes. The work of judiciary is divided into the following : Dispute Resolution: The judiciary provides a mechanism for resolution of disputes, cases or the bone of
contention.

Judicial Review: The judiciary has the power to strike down certain laws passed by the parliament, if it is
satisfied that there is a violation of the basic structuration of the constitution.

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 Upholding the law & Fundamental rights: Every citizen in India can approach the Supreme/High Court if his/her
fundamental rights are violated.

Need of Independent Judiciary

The rich & powerful people in India try to influence the judicial process. The Indian constitution protects against this kind of situations, as it provides independence of the judiciary. One aspect of judiciarys independence is Separation of powers. Separation of power means that other organs (branches) of the state, i.e. legislature and the executive cannot
interfere in the work of the judiciary.

Courts/Judiciary are not under the government and do not act on their behalf, they are independent.
Structure of Courts in India

There are three different levels of courts in India. All states have several courts at the lower level. There is a high court at the state level. There is only one central court at the apex level, which is called the Supreme Court. The lower level courts are called subordinate or district courts.
The district court is presided over by a District Judge. They hear various kinds of cases.

Each state has a High Court.

It is the highest court of the state.

At the top is the Supreme Court.

It is the highest court of the Nation. It is located in New Delhi. It is presided over by the Chief Justice of India. The decisions made by the Supreme Court are binding on all courts in India.

Appellate System

Appellate system is the judicial system through which an appeal is made in the higher court against the
judgement of the lower court.

Through appellate system the judgement of the lower court can be reviewed, upheld, struck down by the
higher court.

PIL (Public Interest Litigation)

The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access
to justice.

Under this mechanism an individual or organism can file a PIL in the High Court or the Supreme Court on behalf
of the people whose rights are being violated.

The legal process is greatly simplified; Even a letter or a telegram addressed to the court could be treated as PIL.

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Different Subordinate Courts

District Court (trail court) For solving the Civil Side

Junior Civil Judge Court Principal Junior Civil Judge Court Senior Civil Judge Court (also called sub-court)

For the solving Criminal Side

Second Class Judicial Magistrate Court First Class Judicial Magistrate Court Chief Judicial Magistrate Court.

Evolution of High Courts in India

High Courts under British rule were first established in the three presidency cities of Calcutta, Bombay and
Madras in 1862.

The High Court of Delhi came up in1966. Currently there are 21 High Courts. Many states have their own high courts but some share a common High Court.
Punjab & Haryana share a common High Court in Chandigarh. The seven north-eastern states share a common High Court in Guwahati, Assam.

Some high courts like Allahabad High Court in Uttar Pradesh have its benches at Lucknow and Meerut for
greater accessibility.

Supreme Court

The Supreme Court of India is the apex central level court of the nation. It is presided over by Chief Justice of India. It consists of the Chief Justice and other 25 judges appointed by the President of India. It is the highest court in India and the decisions taken by the Supreme Court are the binding of all courts in India. The Supreme Court of India was established on 26th January 1950, the day India became republic. Earlier it was located in the Chamber of Princes in the parliament house as the Federal Court of India (1937-49),
and as the Supreme Court of India (1950-58).

Later in 1950, the Supreme Court was relocated to its present building on Mathura Road in Delhi.

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