Structure of Indian Judiciary

1.      Supreme Court - Its constitution

·         On 28 January 1950, two days after India's constitution came into force, the Supreme Court of India was founded in Delhi.

·         The inauguration took place in the Princes Chamber in the Parliamentbuilding complex which also housed both the Rajya Sabha and the Lok Sabha, also known as the Council of States and the House of the People, respectively.

·         It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between 1937 and 1950.

·         This was to be the home of the Supreme Court for years that were to follow its creation, until the Supreme Court of India acquired its own building in 1958.

·         The Supreme Court of India comprises the Chief Justice and 25 other Judges appointed by the President of India, as the sanctioned full strength.

·         Supreme Court Judges retire upon attaining the age of 65 years.

·         Provisions exist for the appointment of a Judge of a high court as an ad-hoc judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as Judges of that Court.

·         The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.

·         A judge of the Supreme Court cannot be removed from office except by an order of the president passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the president in the same Session for such removal on the ground of proved misbehaviour or incapacity.

·         A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

·         The proceedings of the Supreme Court are conducted in English only. 

·         Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.

·         The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India.

·         According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.

·         Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India.

·         Primarily, it is an appellate court which takes up appealslo against judgments of the High Courts of the states and territories.

·         However, it also takes writ petitions in cases of serious human rights violations or any petition filed under Article 32 which is the right to constitutional remedies or if a case involves a serious issue that needs immediate resolution.

·         The Supreme Court of India had its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.

2.      Supreme Court – Jurisdiction

The Supreme Court has original, appellate and advisory jurisdiction.

Original Jurisdiction

Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

Appellate Jurisdiction

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.

Special Advisory Jurisdiction

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.

Contempt of Court jurisdiction

Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action:

(a) Suo motto, or

(b) on a petition made by Attorney General, or Solicitor General, or

(c) on a petition made by any person,

and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.

3.      Supreme Court – Power

1.      A Judge of the Supreme Court cannot be removed from office except by an order of  the  President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.

2.      The Supreme Court in India is the ultimate interpreter of the constitution and the laws of the land. It has appellate jurisdiction over all civil and criminal proceedings involving substantial issues concerning the interpretation of the constitution.

3.      The court has the original and exclusive jurisdiction to resolve disputes between the central government and one or more states and union territories as well as between different states and union territories

4.      And the Supreme Court is also empowered to issue advisory rulings on issues referred to it by the president. The Supreme Court has wide discretionary powers to hear special appeals on any matter from any court except those of the armed services. It also functions as a court of record and supervises every high court.

4.      High Court - Its constitution

There are 21 High Courts at the State level. Article 141 of the Constitution of India mandates that they are bound by the judgments and orders of the Supreme Court of India by precedence. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution.

The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the high court in the state are not competent (not authorised by law) to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or Federal law. e.g.: Company law cases are instituted only in a high court.

However, primarily the work of most High Courts consists of Appeals from lower courts and writ petitions in terms of Article 226 of the Constitution of India. Writ Jurisdiction is also original jurisdiction of High Court. The precise territorial jurisdiction of each High Court varies.

Judges in a high court are appointed by the Chief Justice of India and the governor of the state. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher.citation needed]

            The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862. High courts which handle a large number of cases of a particular region, have permanent benches (or a branch of the court) established there.

5.      High Court - Jurisdiction

Each of the High Court in India has original, appellate and advisory jurisdiction within their respective states / Union Territories.

Original Jurisdiction

Its exclusive original jurisdiction extends to any dispute between the Government of India and the state in which the high court functions, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

Appellate Jurisdiction

The appellate jurisdiction of the high Court can be invoked by a certificate granted by the High Court concerned under Article ? of the Constitution in respect of any judgement, decree or final order of a subordinate Courts in both civil and criminal cases.

The High Court has also a very wide appellate jurisdiction over all Courts and Tribunals in their respective state in as much as it may, in its discretion, grant special leave to appeal under Article ? of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of their state.

Special Advisory Jurisdiction

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the Governor of the state under Article ? of the Constitution.

Contempt of Court jurisdiction

            Under Articles ? of the Constitution the High Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt. the Court may take action

(a) Suo motto, or

(b) on a petition made by Advocate Generalor

(c) on a petition made by any person,

and in the case of a criminal contempt with the consent in writing of the Advocate General.

6.      High Court – Power

1.      A Judge of the high Court cannot be removed from office except by an order of  the  President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the High Court is debarred from practicing in any court of law or before any other authority in India.

2.      The High Court of a state can interpret the constitution and the laws of the land. It has appellate jurisdiction over all civil and criminal proceedings involving substantial issues concerning the interpretation of the constitution.

3.      The court has the original and exclusive jurisdiction to resolve disputes between the central government and the state in which it functions

4.      And the High Court is also empowered to issue advisory rulings on issues referred to it by the governor. The High Court has wide discretionary powers to hear special appeals on any matter from any subordinate court. It also functions as a court of record and supervises all subordinate courts in the state.

7.      Sub-ordinate Courts

The District Courts of India are established by the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. These courts are under administrative control of the High Court of the State to which the district concerned belongs. The decisions of District court are subject to the appellate jurisdiction of the concerned High court.

The district court is presided over by one District Judge appointed by the state Government. In addition to the district judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court. The district judge is also called "Metropolitan session judge" when he is presiding over a district court in a city which is designated "Metropolitan area" by the state Government.

The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.

            According to the World Bank, "although India's courts are notoriously inefficient, they at least comprise a functioning independent judiciary" A functioning judiciary is the guarantor of fairness and a powerful weapon against corruption. But people's experiences in fall far short of this ideal. Corruption in the judiciary goes beyond the bribing of judges. Court personnel are paid off to slow down or speed up a trial, or to make a complaint go away. Judges are also subject to pressure from above, with legislators or the executive using their power to influence the judiciary, starting with skewed appointment processes. Citizens are often unaware of their rights, or resigned, after so many negative experiences, to their fate before a corrupt court. Court efficiency is also crucial, as a serious backlog of cases creates opportunities for demanding unscheduled payments to fast-track a case.

8.      Types of Subordinate courts

i.        Civil courts

     

            The court of the district judges is the highest civil court in a district. It exercises both judicial and administrative powers. It has the power of superintendence over the courts under its control. The court of the District judge is located at the district headquarters. He combines in himself the powers of trying both civil as well as criminal cases. Thus he is designated as the District and Sessions Judge.

            Below the court of the District Judge are the courts of Sub-judge, Additional Sub-Judge and Munsif Courts, which are located in the sub-divisional and district headquarters. Most of the civil cases are filed in the court of the Munsif. A case can be taken in appeal from the court of the Munsif to the court of the sub-Judge or the Additional Sub-Judge. Appeals from the courts of the sub- Judges and Additional sub-Judges shall lie in the District-Court. The Court of the District Judge has both original and appellate jurisdiction. Against the decision of the District judge an appeal-shall lie in the High Court.

ii.      Criminal Courts

            In every district there are civil courts and criminal courts. Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Sessions Judge and the courts of the first class magistrates. The District and Sessions judge may pass any legal sentence but a death sentence is subject to confirmation by the High Court. An Assistant-sessions Judge has the power to sentence a person to ten years imprisonment. A first class Magistrate may pass a sentence of imprisonment not exceeding two years or a fine not exceeding one thousand rupees. In metropolitan cities like Delhi, Mumbai, Chennai and Kolkata these Magistrates are called Metropolitan Magistrates. Besides this there are courts of second class and third class Magistrates also.

Revenue Courts

            Land revenue is an important source of income of the Government. The Board of Revenue is at the apex of all the revenue courts. Under the Board of Revenue are the Commissioner's Court, Court of Tahsildar and Nayab Tahsildar Each district has separate courts for its land revenue system. Every dispute related with land revenue first comes before the court of Tahsildar. An appeal against the decision lies in court of Collector or Deputy Commissioner.

            Thereafter an appeal against the decision of Deputy Commissioner's court can be made in the Court of Commissioner.

            Further appeals can be made to the Board of Revenue which is the highest Court of land in revenue matters.

Lok Adalats and Public Interest Litigation system

            For providing speedy and economical justice to the poor and the downtrodden some new programmes have recently been introduced in the country like Legal Aid, Lok Adalats and Public Interest Litigation. The basic idea behind the scheme of Lok Adalats is to eliminate delay in imparting justice and to speed up clearance of pending cases as soon as possible. The Lok Adalats resolve cases which have not yet gone to the courts or are pending in the courts.

            The Supreme Court has also opened a new chapter on public litigation where merely on a postcard or application the complaints are registered and necessary orders passed. The grievances of weaker sections, bonded labourers, women and children have been given due importance under this scheme.