All you need to know about Judiciary system of India
Hyderabad: India has the oldest judiciary in the world. No other judicial system has a more ancient or exalted pedigree. It uses a common law system, inherited from the legal system established by former colonial powers and the princely States, as well as some practices from ancient and medieval times. The Judiciary system of India […]
Hyderabad: India has the oldest judiciary in the world. No other judicial system has a more ancient or exalted pedigree. It uses a common law system, inherited from the legal system established by former colonial powers and the princely States, as well as some practices from ancient and medieval times. The Judiciary system of India is law and rules stated for the welfare of citizens. It is responsible to ensure and re-enforce law and order. To know more about the Judiciary system of India read further…
Supreme Court of India
Under the constitution of India, the Supreme Court is the final court of appeal. It consists of the chief justice of India, including 30 judges and other judges for advisory jurisdiction.
Unsolved or still in dispute cases are levelled up to Supreme Court to reattain justice. If this court declares a law, it is binding on all other courts of all States and Union territories.
High Court of India
Under the constitution of India, every State should regard to one high court. Bombay High Court is the oldest high court in India. Every high court has 94 judges out of which 71 are permanent and 23 are additional judges.
High court deals with economic issues and legal documentation. These courts also have an additional set of legal professionals.
District Court of India
Under the constitution of India, district courts or subordinate courts are subordinate to the high court. District courts are established according to the population distribution of the district and State.
It looks after the civil and criminal matters of the district. A law declared by the district court is applicable to all subordinate courts.
Civil Courts
Civil courts provide remedies for civil wrongs committed by individuals against other individuals and entities. Civil matters range from property disputes to breaches of contract to divorce cases.
It follows the principle of ubi jus ibi remedium (for every wrong the law provides remedy). Unless expressly or impliedly barred by any other law in force, civil courts have the jurisdiction to try all suits of civil nature.
Criminal Courts
The power of the various criminal courts is mentioned under the Code of Criminal Procedure (CrPC). According to Section 26 of the CrPC, any offence mentioned under the Indian Penal Code may be tried by: High Courts, Courts of Session, or any other court as specified in the First Schedule of the Code of Criminal Procedure.
Binding value of Judicial Precedents
Previously decided judgments of higher courts such as the Supreme Court and High Courts are binding on subordinate and lower courts, that is, subordinate courts are bound to follow the decisions and hold them to be the law. Precedents are an important source of law in India.
Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is an effective tool to advance social justice in India. In PILs, any citizen of India may bring an action in court to reduce a wrong if there has been a breach of Fundamental Rights.
Borrowed from the American tradition of Social Action Litigation, PILs have been widely used in India to advance the causes of disadvantaged and marginalised communities.
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