AASHIRWA BABURAJ

UNDERSTANDING THE LEGAL SYSTEM

INTRODUCTION/BACKGROUND

India has a hybrid legal system having elements of civil law, common law, equitable law, and
customary and religious laws

The main sources of law are the following:

 The Constitution of India: This is the supreme source of law.
 Statutes: Statutes are enacted by the Parliament or the state legislatures. At local level,
subordinate delegated legislation (such as rules, regulations and bye-laws) is passed by
local authorities (such as government departments, municipal corporations, municipalities,
gram panchayat).
 Customary law: In certain aspects, local customs and conventions (usually religious in
nature) that are not against any statute or morality are also applicable.
 Judicial decisions: While technically not law, judicial decisions of superior courts like the
Supreme Court of India and High Courts are another important legal source, and have
precedential value.
Like any other democracy, Rule of law governs the country of India. The judiciary is an
important part of our government and plays a critical role in the way our democracy works.
For the principle of justice to thrive, the Indian Constitution protects the citizens from any
partial judgment. And, this gives the power to the judiciary to make decisions based on the
rules of the law, in case of any dispute. Due to such authority, the judiciary of the country is
an independent body. The courts of India are not controlled by the government and do not
represent any political authority. Such independence allows the judiciary to ensure that there
is no misuse of power by any section of the government.
Access to the courts: As per the Constitution of India, it is the Fundamental Right of every
citizen to have access to justice. Hence, every person, common or otherwise, has access to
the courts.
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UNDERSTANDING THE LEGAL SYSTEM

BRANCHES OF THE LEGAL SYSTEM

The Indian legal system has two main sections: Civil Law and Criminal Law. And the rules for
each of these laws vary from each other. As the highest judiciary authority, the Supreme Court
takes care of both civil and criminal issues.

 Criminal Law: takes care of misconduct of citizens, which are defined as an offence or
crime by the law. A criminal case starts with filing a report with the local police, who
then starts an investigation of the matter. The court finally decides on the matter.

 Civil Law: takes care of disputes in the event of violation of a citizen’s Fundamental
Rights. The involved parties then file a petition to the relevant court. Finally, the court

provides a solution and a decision thereafter, to the dispute presented.

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UNDERSTANDING THE LEGAL SYSTEM

STRUCTURE OF COURTS IN INDIA

As per the judiciary system, there are three levels of courts in India

 District Courts: This is where most citizens go to for any dispute in their city or region.
Each state comprises many districts and has its own district or subordinate courts. And,
the entire district is presided over by the District Judge

 High Courts: Each state has its own High Court, which is most certainly the highest
judicial authority of the state.( High court of Bombay)

 Supreme Court: This is at the top of all state and district courts, presided by the Chief
Justice of India. Because it is the highest authority of justice for the country, the decisions
of the Supreme Court stand above and are binding on all other courts. The Supreme Court
of India is located in Mandi House, New Delhi.
HIERARCHY:
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UNDERSTANDING THE LEGAL SYSTEM

DISTRICT COURT AND WHO CAN APPROACH A DISTRICT

COURT?

The District Courts of India are presided over by a judge. They administer justice in India at
a district level. These courts are under administrative and judicial control of the High Court
of the State to which the district concerned belongs.

The highest court in each district is that of the District and Sessions Judge. This is the
principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are
tried by the Sessions Court. It has the power to impose any sentence including capital
punishment.

There are many other courts subordinate to the court of District and Sessions Judge. There is
a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge
(Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil
Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates
decide criminal cases which are punishable with imprisonment of up to five years.

Anyone whose right has been violated, or has suffered any damage pursuant to their right
being violated can approach the court.
DISTRICT COURTS IN MUMBAI : Chief Metropolitan Magistrate Court( Chhatrapati
Shivaji Terminus Area, Fort), Court of Small Causes(: Lokmanya Tilak Marg), Mumbai City
Civil & Sessions Court(Kala Ghoda), Mumbai City Civil and Sessions Court(Malad), District
Consumer Dispute Redressal Forum( South Mumbai), District & Sessions Court (Thane),
Borivali Court, Metropolitan Magistrate Court (Bandra), Kurla Court, Family Court(Bandra),
Andheri Court, Motor Accident Claims Tribunal, Metropolitan Magistrate Court(Vikhroli),
Labour Court(Bandra),
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UNDERSTANDING THE LEGAL SYSTEM

PERSONS INVOLVED IN THE COURT/ROLES IN THE COURTROOM

1. Judge- A judge is a person who presides over court proceedings, either alone or as a part
of panel of judges. The judge is supposed to conduct the trial impartially and deliver the
verdict as per the law after due examination of the evidence and listening to both sides.
The judge usually sits at the front of the courtroom on the bench.
2. Lawyer- A lawyer or attorney is a person who practices law; it is his/her job to represent
the accused (defendant) or the victim (plaintiff) before the court. A lawyer representing
the accused is known as the Defence lawyer and a lawyer representing the victim is known
as the prosecutor.
3. Bailiff- The bailiff is the person who makes sure the people who go to court obey the
rules. The bailiff is usually wearing a uniform, like a police officer’s uniform. The bailiff
is a special police officer just for the court. He is a manager, overseer or custodian; a legal
officer to whom some degree of authority or jurisdiction is given.
4. Court Reporter- A Court reporter is the person who writes down everything that
everybody says in court.
5. Clerk- A court clerk keeps all the papers about the cases in the court and organizes them.
The clerk keeps track of the decisions or orders that the judge makes during court and also
keeps the court’s schedule