Judiciary: Structure, Hierarchy and Legal Offices

What is Judicial?

In India, the judiciary is the third branch of government, along with the legislative and executive branches of government. It is in charge of applying the law, resolving conflicts, and guaranteeing justice for all residents. India’s judiciary is a single, cohesive system consisting of three tiers: the Supreme Court, High Courts, and District and Lower Courts. The judiciary’s independence from the legislative and executive branches is essential to guaranteeing impartial rulings.

Key Takeaways:

  • Protecting the Indian Constitution and maintaining the rule of law are major responsibilities of the Indian judiciary.
  • The judiciary has a vital role in interpreting several laws, including the Constitution, and it also examines whether government acts are lawful.
  • The Indian judiciary defends people’s basic rights and arbitrates legal issues involving people, businesses, and the government.
  • India’s judiciary is a single, cohesive system consisting of three tiers: the Supreme Court, High Courts, District and Lower Courts, and Tribunals.

Table of Content

  • Structure and Hierarchy of Courts in India
  • The Supreme Court of India
  • High Court
  • District and Subordinate Courts
  • Tribunals
  • Conclusion
  • Frequently Asked Questions on Judiciary – FAQs

Structure and Hierarchy of Courts in India

  • The foundation of the Indian judicial system is established by the Constitution of India. India has chosen a federal form of government in which the States and the Center share the authority to create laws.
  • However, the Constitution creates a single, integrated judicial system that presides over both federal and state laws.
  • India’s highest court is the Supreme Court, which is situated in New Delhi. It is succeeded by a variety of state-level high courts that serve one or more states.
  • In India, district and subordinate courts, also referred to as lower courts, come after the high courts. In addition to the courts’ operations, specialized tribunals are in place to hear disputes unique to particular sectors, including labor, consumer, and service matter disputes.

The Supreme Court of India

  • On January 26, 1950, the Indian Supreme Court was established.
  • It took the position of the Federal Court of India and the Judicial Committee of the Privy Council, which during the colonial era were the highest courts in India.
  • In 1950, the Indian Constitution envisioned a seven-judge Supreme Court led by a Chief Justice.
  • The authority to augment the judiciary in the next few years was bestowed on Parliament. The Chief Justice of India is the head of the Supreme Court, along with 29 other justices as of 2024. The total sanctioned limit of Supreme Court judges is 34 as of now.

High Court

  • In India, there are 25 state and union territory high courts.
  • Every High Court can hear cases involving a single state, many states and union territories, or both.
  • There is a system of subordinate courts that serve as specialized tribunals, criminal courts, and civil courts beneath the High Courts.
  • The first four High Courts in India were the Madras High Court in Chennai, the Bombay High Court in Mumbai, the Calcutta High Court in Kolkata, and the Allahabad High Court in Allahabad.

District and Subordinate Courts

  • The lower courts are the courts that operate beneath the high courts. The lower court consists of the district and subordinate courts. A ‘District and Sessions Judge’ presides over the judicial districts that make up each state.
  • When a judge rules over a civil case, they are referred to as “district judges,” and when they preside over criminal cases, they are known as “session judges.”
  • When a district judge is in charge of a district court in a city that the state government has recognized as a metropolitan region, they are sometimes referred to as “Metropolitan Sessions Judges.
  • Depending on the volume of cases before them, district judges may collaborate with additional district judges.
  • The highest-ranking judge below a high court judge is a district judge. In addition, the District Court supervises all lower-level courts and has appellate authority.
  • On the civil side, the Junior Civil Judge Court, Principal Junior Civil Judge Court, and Senior Civil Judge Courts (also known as sub-courts) are the subordinate courts beneath the District Court, listed in ascending order.
  • On the criminal side, the Chief Judicial Magistrate Court, First Class Judicial Magistrate Court, and Second Class Judicial Magistrates Court are the subordinate courts, listed in ascending order.

Tribunals

  • Tribunals operate as quasi-judicial or semi-judicial organizations, as they consist of judges or administrative officers without a background in law.
  • Tribunals carry out their judicial duties, hearing pertinent cases and arbitrating disputes between parties.
  • Tribunals have been established either by legislative enactments, such as laws enacted by the legislature, or in accordance with particular constitutional mandates stated in the Indian Constitution.
  • The purpose of their formation is to lessen the workload on courts and increase the efficiency of conflict resolution.
  • These tribunals occasionally collaborate with regulators. Specialized government organizations, known as regulators, are in charge of enforcing law and order compliance in the pertinent government sectors.
  • Examples of some tribunals are the Income Tax Appellate Tribunal, the National Green Tribunal, the GST Appellate Tribunal, the Central Administrative Tribunal, etc.

Conclusion

The Supreme Court sits at the head of a three-tier structure that also includes state high courts, district courts, and lower courts. The Indian judiciary comprises of single, unified system. Judiciary decisions are unbiased since they operate separately from the executive and legislative branches. The judiciary is also responsible for resolving legal disputes between people, groups, and the government and interpreting the Constitution and other laws to guarantee their correct execution.

Frequently Asked Questions on Judiciary – FAQs

What are Munsiff Courts?

Munsiff Courts are a component of the district and subordinate court systems as well. They operate beneath the subordinate courts and are the least competent in processing civil cases. The corresponding state governments notify the court of their financial limits or their capacity to consider cases up to a specific amount of money.

Is the judiciary in India independent?

Yes, the Indian court is separate from the executive and legislative institutions. This is necessary to guarantee impartial and fair decisions.

What difficulties does the Indian judiciary face?

Among the persistent difficulties are the backlog of cases, pendency problems, and guaranteeing accessibility for all individuals.

The Indian judiciary operates on the common law system, in which rulings from earlier courts have a substantial bearing on decisions made later.

What are the advantages of tribunals in the Indian judiciary?

  • Reduced Burden on Courts
  • Speedier Resolutions
  • Specialized Expertise
  • Accessibility and cost-effectiveness

Note: The information provided is sourced from official sources & other websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.



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