POLITICAL SCIENCE PROJECT

SINGLE INTEGRATED JUDICIARY IN INDIA

ARMY INSTITUTE OF LAW, MOHALI

IN PARTIAL FULFILLMENT OF BA-LLB 5 YEAR DEGREE

SUBMITTED TO: SUBMITTED BY:

MRS. GAGANDEEP DHALIWAL ANKITA JAIN
ROLL NO. - 1544

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 ACKNOWLEDGEMENT

I would like to express my gratitude to my subject teacher ‘Mrs. Gagandeep

Dhaliwal’ who gave me this opportunity to work on this project. She gave her
moral support and guided in different matters regarding the topic. She had been
very kind and patient while suggesting me the outlines of this project. I thank
her for her overall support.

I am also thankful to everyone who supported me, for that I have completed my
project effectively.

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 INDEX

 Acknowledgement 2
 Index 3
 Introduction 4
 History 5
 Meaning of single integrated judicial system 6
 Salient features 7-10
 Single integrated judicial system in India 11-12
 Jurisdiction and powers of the courts 13-16
 Drawbacks 17-18
 Suggestions 19
 Bibliography 20

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 Introduction

The Indian Judiciary administers a common law system of legal jurisdiction, in which customs,

precedents and legislation, all codify the law of the land. The Constitution of India is the

supreme legal document of its jurisdiction which extends throughout the territory of the

country.
It has in part, inherited the legacy of the legal system established by the then colonial powers
and the princely states since the mid-19th century, and has partly retained characteristics of
practices from the ancient and medieval times.
There are various levels of judiciary in India – different types of courts, each with varying
powers depending on the tier and jurisdiction bestowed upon them. They form a strict
hierarchy of importance, in line with the order of the courts in which they sit, with
the Supreme Court of India at the top, followed by High Courts of respective states with
district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior
Division) at the bottom. Courts hear criminal and civil cases, including disputes between
individuals and the government. The Indian judiciary is independent of
the executive and legislative branches of government according to the Constitution.

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 History of judicial system in India

Law in India primarily evolved from customary practices and religious prescription to the
modern well codified acts and laws based on a constitution. Though the recorded history of
law starts only in the Vedic period, it is widely believed that ancient India had some sort of
legal system in place even during the Bronze Age and the Indus Valley civilization. The various
stages of evolution of Indian law are classified as that during the Vedic period, the Islamic
period, the British period and post independence. In comparison with modern law, the
classical Hindu law was a peculiar legal system as it followed a unique arrangement of law
and polity with a unique scheme of values. Ancient India represented a distinct tradition of
law, and had a historically independent school of legal theory and practice. The main aim of
the law in the Vedic period was to preserve "dharma" which means righteousness and
duty. Dharma consists of both legal duties and religious duties. It not only includes laws and
court procedures, but also a wide range of human activities like ritual purification, personal
hygiene regimes, and modes of dress. Dharma provided the principal guidance by which one
endeavored to lead his life. In ancient India, Naman was regarded as the fountain of justice
has to act as the lord of Dharma and was entrusted with the supreme authority of the
administration of justice and his foremost duty was to protect the rights of his subject. The
King's Court was the highest court, next to which came the court of the Chief Justice
(Pradvivaka). The King's Court was the highest court of appeal as well as an original court in
cases of vital importance to the state. In the King's Court the King was advised by learned
people like Learned Brahmins, the ministers, the Chief Justice etc. As mentioned by
Brihaspati, there were four kinds of tribunals, namely, stationary, movable courts held under
the royal signet in the absence of the King, and commissions under the King's presidency. So
there was hierarchy of courts. In villages, the village councils (Kulani) dealt with simple civil
and criminal cases. At a higher level in towns and districts the courts were presided over by
government officers under the authority of the King to administer justice. In order to deal
with problems among members of artisanal class, trader’s etc. trade guilds were authorized
to exercise an effective jurisdiction over their members. Family courts were also established.
Puga assemblies made up of groups of families in the same village decided civil disputes
amongst family members. Minor criminal cases were dealt with by judicial assemblies in
villages whereas criminal cases of a serious nature were presented before the central court
usually held under the King or royal authority. The appeal system was practiced and the King
was the highest body of appeal. One significant feature of the ancient Indian legal system was
the absence of lawyers. Another notable feature was that a bench of two or more judges was
always preferred to administer justice rather than a single individual being the sole
administrator of justice.

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 Meaning of single integrated judicial system

Single-integrated judicial system means Supreme Court is the apex court. Below it are

high courts in the states, below high courts are the sub ordinate district courts. Broadly the

Indian judiciary forms 3 tier division.

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 Salient features of the judicial system

The Constitution of India provides for a single integrated judicial system with the Supreme

Court at the apex, High Courts at the middle (state) level and District Courts at the local level.

It also provides for an independent and powerful judicial system. Judiciary in India acts as the
guardian protector of the Constitution and the fundamental rights of the people.

Salient Features of Indian Judiciary:

1. Single and Integrated Judicial System:

The Constitution establishes a single integrated judicial system for the whole of India. The

Supreme Court of India is the highest court of the country and below it are the High Courts at

the state level. Other courts (Subordinate Courts) work under the High Courts. The Supreme

Court controls and runs the judicial administration of India. All courts in India form links of a
single judicial system.

2. Independence of Judiciary:
The Constitution of India makes judiciary truly independent. It provides for:

(i) Appointment of judges by the President,

(ii) High qualifications for appointment as judges,

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(iii) Removal of judges by a difficult method of impeachment,

(iv) High salaries, pension and other service benefits for judges,

(v) Independent establishment for the Judiciary, and

(vi) Adequate powers and functional autonomy for the Judiciary.

All these features together make the Indian Judiciary an independent judiciary.

3. Judiciary as the Interpreter of the Constitution:

The Constitution of India is a written and enacted constitution. The right to interpret and

clarify the Constitution has been given to the Supreme Court. It is the final interpreter of the
provisions of the Constitution of India.

4. Judicial Review:

The Constitution of India is the supreme law of the land. The Supreme Court acts as the

interpreter and protector of the Constitution. It is the guardian of the fundamental rights and

freedoms of the people. For performing this role, it exercises the power of judicial review.

The Supreme Court has the power to determine the constitutional validity of all laws. It can
reject any such law which is held to be unconstitutional. High Courts also exercise this power.

5. High Court for each states as well a Provision for Joint High Courts:

The Constitution lays down that there is to be a High Court for each state. However, two or
more states can, by mutual consent, have a Joint High Court.

6. Supreme Court as the Arbiter of legal disputes between the Union and States:

The Constitution gives to the Supreme Court the jurisdiction in all cases of disputes:
(i) Between the Government of India and one or more states,

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(ii) Between the Government of India and any state or states on one side and one or more
states on the other, and

(iii) Between two or more states.

7. Guardian of Fundamental Rights:

Indian judiciary acts as the guardian of fundamental rights and freedoms of the people. The

people have the Right to Constitutional Remedies under which they can seek the protection

of the courts for preventing a violation or for meeting any threat to their rights. The Supreme
Court and the High Courts have the power to issue writs for this purpose.

8. Separation of Judiciary from the Executive:

The Constitution of India provides for a separation between the judiciary and the other two

organs of the government. The judiciary is neither a branch of the executive nor in any way

subordinate to it. The judicial administration in India is organized and run in accordance with
the rules and orders of the Supreme Court.

9. Open Trial:

The courts in India are free. These conduct open trials. The accused is always given full
opportunity to defend himself. The state provides free legal aid to the poor and needy.

10. Judicial Activism:

Indian Judicial System has been becoming more and more active. The Supreme Court has

been coming out with judicial decisions and directives aimed at active protection of public

interest and human rights. Judiciary has been giving directives to public officials for ensuring

a better security for the rights of the public. The Public Interest Litigation system has been
picking up. The system of Lok Adalats has also taken a proper shape and health.

11. Public Interest Litigation System:

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Under this system the courts of law in India can initiate and enforce action for securing any

significant public or general interest which is being adversely affected or is likely to be so by

the action of any agency, public or private. Under it any citizen or a group or a voluntary

organization, or even a court herself, can bring to notice any case demanding action for
protecting and satisfying a public interest.

It provides for an easy, simple, speedier and less expensive system of providing judicial relief

to the aggrieved public. With all these features, the Indian Judicial System is an independent,
impartial, free, powerful and efficient judicial system.

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 Single integrated judicial system in India

The Indian Judicial System is one of the oldest legal systems in the world today. It is part of
the inheritance India received from the British after more than 200 years of their Colonial
rule, and the same is obvious from the many similarities the Indian legal system shares with
the English Legal System. The frame work of the current legal system has been laid down by
the Indian Constitution and the judicial system derives its powers from it.

The Constitution of India is the supreme law of the country, the fountain source of law in
India. It came into effect on 26 January 1950 and is the world’s longest written constitution.

It not only laid the framework of Indian judicial system, but has also laid out the powers,
duties, procedures and structure of the various branches of the Government at the Union and
State levels. Moreover, it also has defined the fundamental rights & duties of the people and
the directive principles which are the duties of the State.

In spite of India adopting the features of a federal system of government, the Constitution
has provided for the setting up of a single integrated system of courts to administer both
Union and State laws. The Supreme Court is the apex court of India, followed by the various
High Courts at the state level which cater to one or more number of states. Below the High
Court exist the subordinate courts comprising of the District Courts at the district level and
other lower courts.

An important feature of the Indian Judicial System is that it’s a ‘common law system’. In a
common law system, law is developed by the judges through their decisions, orders, or
judgments. These are also referred to as precedents. Unlike the British legal system which is
entirely based on the common law system, where it had originated from, the Indian system
incorporates the common law system along with the statutory law and the regulatory law.

Another important feature of the Indian Judicial system is that our system has been designed
on the pattern of the adversarial system. This is to be expected since courts based on the
common law system tend to follow the adversarial system of conducting proceedings instead
of the inquisitorial system. In an adversarial system, there are two sides in every case and
each side presents its arguments to a neutral judge who would then give an order or a
judgment based upon the merits of the case.

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Indian judicial system has adopted features of other legal systems in such a way that they do
not conflict with each other while benefitting the nation and the people. For example, the
Supreme Court and the High Courts have the power of judicial review. This is a concept
prevalent in the American legal system. According to the concept of judicial review, the
legislative and executive actions are subject to the scrutiny of the judiciary and the judiciary
can invalidate such actions if they are ultra vires of the Constitutional provisions. In other
words, the laws made by the legislative and the rules made by the executive need to be in
conformity with the Constitution of India.

The powers and the jurisdiction of the Supreme Court, the High Courts and subordinate
courts like the District Courts are discussed below.

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 Jurisdiction & Powers of the Courts

Supreme Court of India

The supreme court of India stands at the apex of the entire judicial system. It came into being
on the 28th of January 1950. The judges at the time of inauguration were chief justice Harilal J.
Kania and Justices Saiyid Fazl Ali, M. Patanjali Sashtri, and S.R Das. The first attorney journal
for India was Mr. M.C. Setalvad. The supreme court of India comprises the Chief justice and
not more than 30 other judges appointed by the President of india. The proceedings of
Supreme Court are conducted in English only. The registry of the Supreme Court is headed by
the registrar general.

One of the most important powers of the Supreme Court of India is that any law declared or
order/judgment passed by it is binding on all the courts within the territory of India. The
jurisdiction and powers of the Supreme Court (SC) are defined under Articles 131 to 142 of
the Indian Constitution. The jurisdiction includes original, writ, and appellate jurisdiction.

Apart from the original, appellate and writ jurisdiction, the Supreme Court also has special
advisory jurisdiction regarding matters referred to it by the President if India under Article
143 of the Constitution. The Apex court also has the power and authority to review any order
or judgment passed by it as well as transfer cases from one High Court to another or from the
District Court of one state to the District Court of another State.

Original Jurisdiction:

The Supreme Court has exclusive original jurisdiction in any dispute between

1. The Government of India and one or more states or

2. The Union Government and any State or States on the one side and one or more States on
the other,
3. Two or more states, if the dispute involves a legal right.

Appellate Jurisdictions:

When the matter is Constitutional, an appeal lies to the Supreme Court when the High Court
certifies that the case involves a substantial question of law as to the interpretation of the
constitution. In civil cases, an appeal lies to the Supreme Court when the High Court certifies
that the case involve a substantial question of law of general public importance. In criminal

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matters, an appeal lies to the Supreme Court when the High Court reverses the acquittal
order of the lower court and sentences him to death.

Writ Jurisdiction:

The Supreme Court of India is the protector of the fundamental rights of citizens. It may issue
writs in the nature of mandamus prohibition, habeas corpus, certiorari, and quo warrantor
for the enforcement of the rights and liberties of the people.

Advisory Jurisdiction

Under the Constitution of India, the President of the Republic can refer to the Supreme Court
any question of law or fact of public importance for its opinion. And the Supreme Court may
report to the President its opinion thereon.

And lastly, the Supreme Court may grant special leave to appeal from the judgment of any
court of India.

The Supreme Court is the interpreter and guardian of the constitution of India. It can annual
the unconstitutional laws and orders of the Union, and the State Governments.

High Courts of India

The High Courts of India are the supreme judicial authority at the State level. There are
currently 21 High Courts in the country and of these the oldest High Court of India is the
Kolkata High Court, which was established in the year 1862.

Their powers and jurisdiction are similar to that of Apex court, but with a few differences:

 Any law declared or orders/judgments passed by them are not binding on the other
High Courts (HCs) of the country or the subordinate courts which fall under the
purview of the other HCs unless the other High Courts choose to follow such law or
order or judgment.
 Their territorial jurisdiction is varied.

The High Courts are the appellate authority for a State or group of States and get a lot of
matters in appeal from the subordinate courts. They have the power to issue writs, just like
the Apex court, under Article 226 of the Constitution, but with one difference. While the
Supreme Court has the power to issue writs to enforce only the rights provided under Part III

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Of the Constitution, the High Courts can issue writs for enforcement of the rights under Part
III as well as “for any other purpose”.

Just like in the case of the Supreme Court, the writ jurisdiction of the High Court is also part of
their Original jurisdiction, since all writ petitions are filed directly before the High Court.
Apart from writ petitions, any civil or criminal case which does not fall within the purview or
ambit of the subordinate courts of a State, due to lack of pecuniary or territorial jurisdiction,
can be heard by the High Court of that State. Also certain other matters or issues may be
heard by the High Court as part of its original jurisdiction, if the law laid down by the
legislature provides for it. For example, the company law cases fall within the original
jurisdiction of the High Court.

Therefore, the High Courts’ work primarily consists of appeals from the lower courts as well
as the writ petitions filed before it under Article 226.The territorial jurisdiction of a High
Court, as mentioned earlier, is varied. Both the Supreme Court and the High Courts are courts
of record and have all the powers associated with such a court including the power to punish
for contempt of itself.

Jurisdiction of High Court:

Every High Court enjoys original jurisdiction with respect to revenue and its collection, cases
of succession, divorce etc.

In its appellate Jurisdiction, it hears appeals from the lower courts in cases concerning sales-
tax, income tax, copy right, patent-right etc. The High Court is a court of record and its
proceedings and decisions are referred to in future cases.

A High court can issue writs for the enforcement of fundamental rights or for any other such
purpose.

A High Court supervises the working of all subordinate courts and frames rules and
regulations for the transaction of business.

The High Court is empowered to interpret the constitution of India. It can review the laws of
the State Legislature and may declare them null and void if they go against the provisions of
the constitution.

Again, if a High court is satisfied that a case pending in a lower court involves a substantial
question of law as to the interpretation of the constitution, it my dispose of the case itself.

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The Subordinate Courts

The District Courts are at the top of all the subordinate or lower courts. They are however
under the administrative control of the High Court of the State to which the district court
belongs to.

Their jurisdiction is confined to the districts they are responsible for, which could be just one
or more than one. The original jurisdiction of the District Courts in civil matters is confined by
not just the territorial limitations, but by pecuniary limitations as well. The pecuniary
limitations are laid down by the legislature and if the amount in dispute in a matter is way
above the pecuniary jurisdiction of the District Court, then the matter will be heard by the
concerned High Court of that State.In case of criminal matters, the jurisdiction of the courts is
laid down by the legislature.

The decisions of the District Courts are of course subject to the appellate jurisdiction of the
High Courts.

Apart from these judicial bodies who enforce the laws and rules laid down by the legislature
and executive and also interpret them (the Supreme Court & High Courts), there are
numerous quasi judicial bodies who are involved in dispute resolutions. These quasi judicial
bodies are the Tribunals and Regulators.

Tribunals are constituted as per relevant statutory provisions and are seen as an alternative
forum for redressal of grievances and adjudication of disputes other than the Courts.

Some of the important tribunals are Central Administrative Tribunal (CAT), Telecom Disputes
Settlement Appellate Tribunal (TDSAT), Competition Appellate Tribunal (COMPAT), Armed
Forces Tribunal (AFT), Debt Recovery Tribunal (DRT), etc.

The kinds of cases the tribunals hear are limited to their specific area. That is TDSAT can hear
only matters related to telecom disputes and not matters of armed forces personnel. So the
area of operation of these tribunals are marked out at the beginning itself by the statute
under which it’s constituted.The same hold true for the various Regulators like – TRAI, DERC,
etc. They regulate the activities of companies which fall under their purview as per the
statute. Thus, the Indian Judicial System is a mix of the Courts and the Tribunals & Regulators,
and all these entities working together as part of an integrated system for the benefit of the
nation.

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 Drawbacks of the single integrated judiciary

We see that in spite of all the advancements in information and communication technologies
changing the life of the people of the country dramatically, the Indian legal system still looks
like a domineering and pretentious British vestige appearing to belong to an elite class away
from the people.

 Corruption in judiciary: Like any other institution of the government, the Indian
judicial system is equally corrupted. The various recent scams like the CWG scam,
2Gscam, Adarsh society scam, including rapes and other atrocities in the society etc.
have emphasized both the conduct of politicians an public dignitaries, including the
common man, and also on the drawbacks in the functioning of Indian judiciary. There
is no system of accountability. The media also do not give a clear picture on account of
the fear of contempt. There is no provision for registering an FIR against a judge taking
bribes without taking the permission of the Chief Justice of India.

 Backlog of pending cases: India’s legal system has the largest backlog of pending cases
in the world-as many as 30 million pending cases. Of them, over four million are High
Court cases, 65000 Supreme Court cases. This number is continuously increasing and
this itself shows the inadequacy of the legal system. It has always been discussed to
increase the number of judges, creating more courts, but implementation is always
late or inadequate. The victims are the ordinary or poor people, while the rich can
afford expensive lawyers and change the course dispensation of the law in their favor.
This also creates a big blockade for international investors and corporations to do
business in India. And also due to this backlog, most of the prisons are detainees
awaiting trial. It is also reported that in Mumbai, India’s financial hub , the courts are
burdened with age-old land disputes, which act as a hurdle in the city’s industrial
development.

 Lack of transparency: Another problem facing the Indian Judicial System is the lack of
transparency in the legal system. Thus, in the functioning of the judiciary, the
substantial issues like the quality of justice and accountability are not known properly.

 Hardships of the under trials : In Indian jails, most of the prisoners are under trials,
who are confined to the jails till their case comes to a definite conclusion. In most of
the cases, they end up spending more time in the jail than the actual term that might
have had been awarded to them had the case been decided on time and assuming,
against them. Plus, the expenses and pain and agony of defending themselves in
courts are worse than serving the actual sentence. Under trials are not guilty till

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 convicted. On the under hand, the rich and powerful people can bring the police to
their sides, and the police can harass or silence inconvenient and poor persons, during
the long ordeals in the courts.

 No interaction with the society: it is very essential that the judiciary of any country
should be an integral part of the society and its interactions with the society must be
made regular and relevant. It is also seen that there is involvement of common
citizens in judicial decision-making in several countries. However, in India, the Indian
Judicial System has no connection with the society, something which it had inherited
from the British judicial det up. But, things should have changed over the last 60 years.
Even today, the law officers have not been able to come closer to the ground to meet
the common people.

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 Suggestions

1. There must be full utilization of the court working hours. The judges must be punctual
and lawyers must not be asking for adjournments, unless it is absolutely necessary. Grant of
adjournment must be guided strictly by the provisions of Order 17 of the Civil Procedure
Code.

2. Many cases are filed on similar points and one judgment can decide a large number of
cases. Such cases should be clubbed with the help of technology and used to dispose other
such cases on a priority basis; this will substantially reduce the arrears. Similarly, old cases,
many of which have become infructuous, can be separated and listed for hearing and their
disposal normally will not take much time. Same is true for many interlocutory applications
filed even after the main cases are disposed of. Such cases can be traced with the help of
technology and disposed of very quickly.

3. Judges must deliver judgments within a reasonable time and in that matter, the
guidelines given by the apex court in the case of Anil Rai v. State of Bihar, (2001) 7 SCC 318
must be scrupulously observed, both in civil and criminal cases.

4. Considering the staggering arrears, vacations in the higher judiciary must be curtailed
by at least 10 to 15 days and the court working hours should be extended by at least half-an-
hour.

5. Lawyers must curtail prolix and repetitive arguments and should supplement it by
written notes. The length of the oral argument in any case should not exceed one hour and
thirty minutes, unless the case involves complicated questions of law or interpretation of
Constitution.

6. Judgments must be clear and decisive and free from ambiguity, and should not
generate further litigation.

7. Lawyers must not resort to strike under any circumstances and must follow the decision
of the Constitution Bench of the Supreme Court in the case of Harish Uppal (Ex-Capt.) v.
Union of India reported in (2003) 2 SCC 45.

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 Bibliography

 http://www.cbseacademic.in/web_material/doc/Legal_Studies/XI_U3_Legal_Studies.
pdf
 The Oxford Dictionary of World Religions, Dharma
 Rama Jois , Seeds of Modern Public Law in Ancient Indian Jurisprudence (1990 En,
Eastern Book Company) pp. 1-2.
 B.M. Gandhi, Landmarks in Indian Legal and Constitutional History, page 6
 P.V. Kane, History of Dharmasastra, Vol.III, p.25 Quoted by Rama Jois
 P.V. Kane, History of Dharmasastra, Vol. III, Chap. XI, 288-289
 K.P. Jayaswal, Hindu Polity, 313
 http://www.silf.org.in/16/indian-judicial-system.htm

 http://indiankanoon.org/doc/32424520/

 Law Commission Report - 230Th Report On Reforms In The Judiciary - Some

Suggestions

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