The Role of Judiciary in India

Introduction

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Judiciary in India

India has a single integrated system of Judiciary in the view of a single Constitution. The judiciary in India acts as the custodian of the Indian Constitution and the protector of the Fundamental Rights of an individual. The Indian Judicial System is one of the oldest legal systems of the World. The local customs and religion majorly influenced the Indian legal system. The judicial system in India is integrated and pyramidal in structure with the Supreme Court at the top and the High Court and the other Subordinate Courts.

Hierarchy of Courts

Types of Courts in India – 7 types of Courts in India

Supreme Court

In our country, the Constitution lays down the foundation of an integrated judiciary having Supreme Court as the highest and final court of appeal. Article 124(1) of Indian Constitution states that there shall be a Supreme Court of India constituting of a Chief Justice of India. Initially, the Supreme Court of India consists of the Chief Justice of India and seven judges. The President of India appoints the judges of the Supreme Court and can consult with the Chief Justice of India and also with existing judges of the Supreme Court regarding such appointment.

*      person to be eligible as a judge of the Supreme Court, he/she must be a citizen of India, and should have been for at least five years a judge of a High Court or of two or more such Courts in succession for at least five years a judge of a High Court or of two or more such Courts in succession, or

*      An experience of practicing as an advocate of the High Court for the last ten years or of two or more such courts in succession

*      Address- Tilak Marg, Supreme Court, Mandi House, New Delhi, Delhi 110201

High Court

Article 214 of the Indian Constitution states that there shall be a High Court for each State. The High Court consist of one Chief Justice and other judges. The President appoints the Chief Justice of the High Court in consultation with the Chief Justice of India while the President appointed other judges in consultation with the Governor of the state, Chief Justice of the High Court as well as the Chief Justice of India.

A person may be appointed as the Chief Justice of the High Court:

*      the person is an Indian citizen, and

*      If he had held the judicial office in the territory of India, or

*      At least an advocate for 10 years in the High Court or two or more High Courts in succession, and the age should be below 62 years.

Total No of High courts in India

Civil Courts

Civil courts deal with the cases or the offenses that are committed against a private individual and not against the State, unlike in criminal cases where the crime is committed against the State and not a private individual. Civil wrong includes tort, breach of contract, etc. In India, the hierarchy of Civil Courts is based on the territorial and pecuniary jurisdiction of the courts. Civil Courts can deal with the cases which are committed within its territory and also which is within the pecuniary limits of the court.

District Court and Additional District Court

The State Government in India has established the District Courts in every district by considering the number of cases and population in that district. A district judge presides the District Courts of India, and these courts administer justice at a district level. These courts are under administrative and judicial control of the High Court of the State to which that district belongs. The District and Sessions Judge is the highest Court in each district.