The Indian Judiciary PDF

# The Judiciary The judiciary is the body concerned with upholding the law. It punishes the guilty and settles disputes. In a participatory and pluralistic democracy, the judiciary has a unique and significant role to play. It has been given the power and the duty to safeguard the basic rights of...

# The Judiciary The judiciary is the body concerned with upholding the law. It punishes the guilty and settles disputes. In a participatory and pluralistic democracy, the judiciary has a unique and significant role to play. It has been given the power and the duty to safeguard the basic rights of the citizens and uphold the supremacy of the constitution. The constitution clearly provides for the independence of judges and separation of the judiciary from the executive. ## The Structure of the Judiciary The Indian judiciary is single, integrated and unified. This means that if a person is not satisfied with the judgment got in the lower courts, they can appeal to a higher court. The judiciary is also organised hierarchically. ### The Supreme Court The Supreme Court is the highest court in India with the Chief Justice as its head. There are 25 judges in the Supreme Court. The strength can be increased by an act of Parliament. The Chief Justice of the Supreme Court is also the Chief Justice of India. The Chief Justice is appointed by the president. The other judges are appointed on the recommendation of the Chief Justice, by the president. This means that the legislature or executive cannot interfere in the working of the judiciary. #### Appellate Jurisdiction The Supreme Court is the highest court of appeal in civil and criminal cases. It can hear appeals against judgments rendered by the High Court. #### Advisory Jurisdiction The Supreme Court advises the president and the Council of Ministers on matters of constitutional issues or issues of public importance. The president can seek the advice of the Supreme Court but it is not binding on the president. #### Judicial Review The Supreme Court is the defender of our fundamental rights. It has the power to issue writs (directions or orders for the enforcement of these rights) if limitations are placed on them. The court can order compensation to victims and punishment to the offenders. Any law or policy made by the government that is not in accordance with the text or intention of the Constitution can be declared as illegal. This is called judicial review. #### Court of Records All cases brought before the Supreme Court and where judgments have been given, are maintained as records by the Supreme Court. #### Contempt of Court The Supreme Court has the power to punish anyone for contempt of any law court in India, including itself. Contempt of court refers to any behaviour that opposes or defies the authority of the court. ### The High Court The High Court is the apex court in each state. The Chief Justice of the High Court is appointed by the president, on the recommendation of, and in consultation with, the Chief Justice of India and the governor of the state concerned. The other judges of the High Court are appointed by the president, who consults the Chief Justice of the concerned High Court and the governor of that state. #### Qualifications to Be a High Court Judge To be a judge of the High Court, a person has to be a citizen of India and must either be a High Court advocate with at least ten years' experience or be a judicial officer with at least ten years' experience. #### Retirement A High Court judge retires at the age of 62, and they can also face impeachment on charges of misconduct. #### Powers and Functions of the High Court The High Court has original jurisdiction over cases involving the enforcement of fundamental rights. It can issue writs, and it has appellate jurisdiction over both civil and criminal cases. It hears appeals against decisions taken by the lower courts. The High Court also has supervisory jurisdiction which involves supervising the activities of the lower courts. It acts as a court of record, and deals with all cases that pertain to the jurisdiction of the state -- both civil and criminal. ### Subordinate Courts The states are divided into districts, and each district has a district court. The district court and the courts below it are called subordinate courts. There are separate courts for civil and criminal cases. The court of the district judge is the highest court for civil justice. Subordinate courts under it are the Court of the Civil Judge and the Court of the Munsif. The Court of the Sessions Judge is the highest court in the district dealing with criminal cases. Subordinate courts under it are the Courts of the Chief Judicial Magistrate, the First Class Judicial Magistrate, and the Second Class Judicial Magistrate. #### Civil Disputes A civil dispute deals with individual wrongs, such as cases involving disputes related to money, property, social matters (such as marriage, divorce, inheritance, guardianship, etc.) A civil case is brought by another person (or some private entity). One cannot be arrested or imprisoned for a civil matter. The guilty, however, has to compensate the victim for damages caused, which are usually monetary. #### Criminal Disputes A criminal dispute deals with wrongs against society or the state, such as offenses like theft, robbery, cheating, murder, arson, loot, rape, dacoity, etc. A criminal case is brought by the government. Criminal law deals with punishment for wrongs. One can be fined, arrested, or imprisoned for a criminal matter. ## Case Study: An Example of Appellate Jurisdiction This case study explains how the appellate jurisdiction of the Supreme Court works for ordinary citizens. - **Facts of the Case**: During a wedding, a farmer named Bhole Ram took a loan of 50,000 Rupees from a local landlord and money lender, Mahipal Singh. Because Bhole Ram was illiterate, he signed a document without knowing its contents. Two years later, when he went to pay back the loan, he was shocked to learn that the money owed had doubled to 100,000 Rupees because of interest rates. When he said that he could not repay the huge amount, Mahipal showed him the document he had signed. Mahipal said that if Bhole Ram did not repay the 100,000 Rupees in two years, he would take Bhole Ram's land. - **Outcome**: Bhole Ram appealed to the Nyaya Panchayat of his village, but Mahipal Singh was a very powerful man, and the Nyaya Panchayat gave a verdict in Mahipal Singh's favor. Bhole Ram then appealed to the court of the district judge, but the case went in Mahipal Singh's favor again. Under the guidance of an NGO that specialized in such cases and provided free legal aid to the poor, Bhole Ram appealed to the High Court. The judges of the High Court observed that to make an illiterate person sign on a document without them knowing what they were signing was fraud. They ruled that since Bhole Ram was unaware of the contents of the document, the agreement was illegal. The court ordered Mahipal Singh to calculate interest only at the rate that rural cooperative banks charged. They also directed Bhole Ram to repay the principal amount with interest within five years. ### Questions about the Case - **Why did the Nyaya Panchayat rule in Mahipal Singh's favor?** -- The Nyaya Panchayat ruled against Bhole Ram because Mahipal Singh was more powerful. - **Do you agree with the judgement of the High Court? Or do you feel that the lower courts were correct?** -- The High Court was correct to overturn the decisions of the lower courts. They ruled that the agreement was illegal, because Bhole Ram was defrauded, and they ordered Mahipal Singh to recalculate the interest on the debt. This was a just outcome. - **If there had been no provision for appeal in our legal system, what would have happened to Bhole Ram’s fight for justice?** -- If there was no opportunity for appeal, Bhole Ram would have lost his land. ## Lok Adalats for Speedy Justice Lok Adalats are a system of alternative dispute resolution that is used in India. They are people's courts that are used to settle disputes quickly and without the cost and time of a formal court. - **How they work**: The Lok Adalat is presided over by a sitting or retired judicial officer as the chairperson, with two other members, usually a lawyer and a social worker. There is no required court fee, and the parties to the disputes can interact with the Lok Adalat judge directly, and explain their stand in the dispute.. - **Advantages of Lok Adalat**: The Lok Adalats deal with cases through conciliation and compromise. They can settle cases with common consent. If one party does not agree to the other party's proposal, they can appeal to another court because the Lok Adalats decision is not binding on the parties who object to it. - **Benefits for the Poor**: They offer a quick and relatively easy way to settle disputes, and they are free of charge. This means that they make justice accessible to all people regardless of their economic situation. ## The Unified Indian Judiciary The Indian judiciary is a single, unified judiciary. Unlike the American system, the courts of the different states are not independent from one another. The various courts in India, function under the aegis of the Supreme Court, and if a citizen is dissatisfied with the judgment given in any lower court, they can appeal to a higher court. If a fundamental right is violated, the citizen can appeal to the High Court or to the Supreme Court. #### Writs If a fundamental right is violated, the courts can issue writs to safeguard and enforce the fundamental rights. A writ is a court order preventing someone from doing, or permitting someone to do, something. It could also be a summons issued to someone by the court. ## Case Study- A Question of Fundamental Right This case study illustrates an important issue about how the Indian judiciary protects fundamental rights. - **Facts of the Case**: In July 1985, in Kerala, three children were expelled from school under the instructions of a deputy inspector of schools for refusing to sing the national anthem as it violated their religious beliefs. Because they stood daily in respectful silence when the national anthem was sung, but refused to sing along, they were expelled. - **Outcome**: The children’s father filed a writ petition in the High Court seeking an order restraining the authorities from preventing the children from attending the school. However, the High Court rejected the appeal declaring that there had been no violation of fundamental rights. The father then appealed to the Supreme Court for legal remedy. On August 11, 1986, the Supreme Court overruled the judgment delivered by the Kerala High Court, and directed the school to readmit the students. The Supreme Court said that there was no provision in law which obliged anyone to sing the national anthem if he or she was otherwise respectful and stood in silence. The decision went on to add: “Our tradition teaches tolerance, our philosophy teaches tolerance, our Constitution practices it; let us not dilute it". ## Mobile Courts Mobile courts are a very important innovation in the Indian judicial system. Mobile courts take justice to the people. They are a way to expedite justice for citizens in remote areas who may have difficulty, or no ability, to access a traditional court. ## Glossary - **Jurisdiction**: Authority in legal matters - **Appellate**: Relating to appeal - **Hierarchy**: Having different levels of power - **Writ**: A court order - **Civil Dispute**: A dispute between two citizens (or two groups of citizens), or private parties - **Criminal Dispute**: A dispute between a citizen/group of citizens and the government, where the government tries to prove that a person committed a crime and needs to be punished