INDIAN JUDICIAL

AND LEGAL SYSTEM

Prof. (Dr.) Chitrapu Kama Raju

M.Sc., (Psy) LLM, Ph.D, (NALSAR)

On
10th November 2022
1
INTRODUCTION

2
INTRODUCTION

 The Constitution of India provides for a single integrated judicial system with the
Supreme Court at the apex, High Courts at the middle (state) level and District Courts
at the local level.
 It also provides for an independent and powerful judicial system.
 Judiciary in India acts as the guardian protector of the Constitution and the fundamental
rights of the people.

3
INDEPENDENT INDIAN JUDICIARY

 The judiciary is that branch of the government that interprets the law, settles
disputes and administers justice to all citizens. The judiciary is considered the
watchdog of democracy, and also the guardian of the Constitution.
 It means that the other branches of the government, namely, the executive and
the legislature, does not interfere with the judiciary’s functioning.
 The judiciary’s decision is respected and not interfered with by the other organs.
 It also means that judges can perform their duties without fear or favour.
 Independence of the judiciary also does not mean that the judiciary functions
arbitrarily and without any accountability. It is accountable to the Constitution of
the country.

4
5
HIERARCHY OF JUDICIARY IN INDIA

6
FUNCTIONS OF JUDICIARY

7
8
9
CURRENT JUDGES IN SUPREME COURT

 There are currently 29 judges (including the chief justice of India) who
comprise the Supreme Court of India, the highest court in the country. The
maximum possible strength is 34. According to the Constitution of India,
the judges of the Supreme Court retire at the age of 65.

10
 CHIEF JUSTICE OF INDIA

Dhananjaya Yeshwant Chandrachud (born 11 November 1959) is a judge of

the Supreme Court of India. He is set to assume the office of Chief Justice of
11
India in November 2022
JURISDICTION OF SUPREME COURT

12
OBJECTIVES OF THE LAW AND LEGISLATION

13
SOURCES LAW AND LEGISLATION

14
CONSTITUTION AND SEPARATION OF POWERS

15
ORIGINAL JURISDICTION

 Original jurisdiction is the power of the court to hear and

adjudicate upon the matter as the court of first instance.
 Article 131 elucidates the original jurisdiction of the Apex
Court. It provides that the Court will be competent to
exercise original jurisdiction:
• In disputes between the Union Government and one or more
States
• In such disputes, where the Union Government and one or
more states constitute one party and one or more states
constitute the other party
• In disputes between two or more states

16
 WRIT JURISDICTION

 1. Habeas Corpus: Writ ordering the production of the detainee before the Court in
order to ascertain whether the detention is legal or unlawful.

 2. Quo warranto: This writ is issued by a court to a public officer requiring him to
explain the authority behind his actions. Quo warranto: This writ is issued by a
court to a public officer requiring him to explain the authority behind his actions.

 3. Mandamus: The Court issues a writ of Mandamus to direct a public official to

resume the discharge of his public duty.

 4. Prohibition: The Court issues this writ to prevent a subordinate court from
exceeding or usurping its jurisdiction or from acting in contravention of the law. This
writ is issued at the time when a subordinate court decides to try a matter in excess
of its jurisdiction.

 5. Certiorari: Where the Subordinate Court decides a matter which is beyond its
jurisdiction or where the matter is decided in contravention of the natural justice
principles, the Court is empowered to issue the writ of certiorari, thereby setting
aside or quashing the erroneous decision. 17
ADVISORY JURISDICTION OF SC

Advisory Jurisdiction of Supreme Court

Article 143 confers the advisory jurisdiction upon the Apex Court. The
advisory opinion of the Supreme Court can be requested by the President
on any question of law or fact which is of public importance and where the
President considers obtaining such opinion to be expedient.
Similar to the original jurisdiction, the advisory jurisdiction also stems
from the Government of India Act, 1935. Section 213(1) of the
Government of India Act, 1935, provided for the advisory jurisdiction of
the Federal Court. The essence of this Section was incorporated in Article
143 of the Constitution.

18
POWERS OF SUPREME COURT

 Article 141 of the Constitution provides a binding force to the laws

declared by the Apex Court. The judgments of the Court have
precedential value when dealing with the same question of law.
Furthermore, the judgments of the Court have to be read as a
whole. Even the ex-parte decisions of the Court are binding on the
subordinate courts.

 Article 137 provides the Court with the power to review its own
judgments and orders.

 The Court can punish those who refuse to abide by its orders or
those who make scandalous and derogatory remarks against the
Court. The Apex Court’s power to punish for its contempt is
envisaged under Article 129.

19
APPOINTMENT OF JUDGES OF THE SC

• Every Judge of the Supreme Court shall be appointed by the President by

warrant under his/her hand and seal after consultation with such of the Judges
of the Supreme Court and of the High Court in the States as President may deem
necessary for the purpose and shall hold office until he attains the age of 65
years.
• Supreme Court held that the consultation with Chief Justice is not binding on the
President. But the Court held that consultation should be effective.

20
ELIGIBILITY CRITERIA FOR JUDGE

The Indian Constitution says in Article 124 [3] that in order to be appointed as a judge in
the Supreme Court of India, the person has to fit in the following criteria:

• He/She is a citizen of India and

• has been for at least five years a Judge of a High Court or of two or more such Courts
in succession; or
• has been for at least ten years an advocate of a High Court or of two or more such
Courts in succession; or
• is, in the opinion of the President, a distinguished jurist.

21
REMOVAL OF JUDGES FROM SC

 The Constitution of India also provides a set of regulations for the removal of the
Supreme Court judge. Article 124(4) mentions those Removal regulations of the
Supreme court judge as follows:
• A judge of the Supreme Court shall not be removed from his office except by an order of
the President passed after an address by 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 the members of that House present and voting has been presented to
the president in same session for such removal on the ground of proved misbehaviour
or incapacity.

22
INDIAN JUDICIARY CIVIL COURTS

 Civil courts deal with civil cases. Civil law is referred to in almost all cases other
than criminal cases. Criminal law applies when a crime such as a robbery, murder,
arson, etc. is perpetrated.
 Civil law is applied in disputes when one person sues another person or entity.
Examples of civil cases include divorce, eviction, consumer problems, debt or
bankruptcy, etc.
 Judges in civil courts and criminal courts have different powers. While a judge in
a criminal court can punish the convicted person by sending him/her to jail, a
judge in a civil court can make the guilty pay fines, etc.
 District Judges sitting in District Courts and Magistrates of Second Class and
Civil Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

23
 JURISDICTION OF HIGH COURT

 Every High Court enjoys original jurisdiction with respect to revenue and its
collection, cases of succession, divorce etc.
 In its appellate Jurisdiction, it hears appeals from the lower courts in cases
concerning sales-tax, income tax, copy right, patent-right etc. The High Court is a
court of record and its proceedings and decisions are referred to in future cases.
 A High court can issue writs for the enforcement of fundamental rights or for any
other such purpose.
 A High Court supervises the working of all subordinate courts and frames rules
and regulations for the transaction of business.
 The High Court is empowered to interpret the constitution of India. It can review
the laws of the State Legislature and may declare them null and void if they go
against the provisions of the constitution.
 Again, if a High court is satisfied that a case pending in a lower court involves a
substantial question of law as to the interpretation of the constitution, it my 24
dispose of the case itself.
SUBORDINATE COURTS

 There are subordinate courts below the High court in each state.
 The courts are under the complete control of the High court. The
lower court (e.g. Nyaya Panchayat or Munsiffs court) deals with minor
cases while the higher courts (e.g., subordinate Judge’s court or
District Judge’s court) deal with important cases.
 Appeals lie to the higher courts from the lower courts. An appeal may
also lie to the High Court against the decisions of the District judge’s
court or the Session Judge’s court.
 In a Presidency town, there are city civil courts and Metropolitan
Magistrates courts.
 In this connection, we are to note that most of the Judges of the
subordinate courts are appointed by the Governor in consultation
with the High Court of the concerned State. 25
CIVIL COURTS FOUR TYPES OF JURISDICTIONS

 Subject Matter Jurisdiction: It can try cases of a particular type and relate to
a particular subject.
 Territorial Jurisdiction: It can try cases within its geographical limit, and not
beyond the territory.
 Pecuniary Jurisdiction: Cases related to money matters, suits of monetary
value.
 Appellate Jurisdiction: This is the authority of a court to hear appeals or
review a case that has already been decided by a lower court. The Supreme
Court and the High Courts have appellate jurisdiction to hear cases that were
decided by a lower court.

26
Salient Features of
Indian Judiciary

27
TYPES OF COURTS IN INDIA

1) Supreme Court
2) High Court
3) District/Sessions/Sub Court
4) Magistrate Court
5) Special Court
6) Family Issue Court
7) Village Court
8) Economic Court
9) Juvenile Justice Court
28
1. SINGLE AND INTEGRATED
JUDICIAL SYSTEM

 The Constitution establishes a single integrated judicial system for the whole of India.
 The Supreme Court of India is the highest court of the country and below it are the
High Courts at the state level.
 Other courts (Subordinate Courts) work under the High Courts.
 The Supreme Court controls and runs the judicial administration of India.
 All courts in India form links of a single judicial system.

29
2. INDEPENDENCE OF JUDICIARY

The Constitution of India makes judiciary truly independent.

It provides for:

 (i) Appointment of judges by the President,

 (ii) High qualifications for appointment as judges,
 (iii) Removal of judges by a difficult method of impeachment,
 (iv) High salaries, pension and other service benefits for judges,
 (v) Independent establishment for the Judiciary, and
 (vi) Adequate powers and functional autonomy for the Judiciary.

30

All these features together make the Indian Judiciary an independent judiciary.
 3. JUDICIARY AS THE INTERPRETER
OF THE CONSTITUTION

 The Constitution of India is a written and enacted constitution.

 The right to interpret and clarify the Constitution has been given to the Supreme
Court.
 It is the final interpreter of the provisions of the Constitution of India.

31
 4. JUDICIAL REVIEW

 The Constitution of India is the supreme law of the land.

 The Supreme Court acts as the interpreter and protector of the
Constitution.
 It is the guardian of the fundamental rights and freedoms of the
people.
 For performing this role, it exercises the power of judicial review.
 The Supreme Court has the power to determine the
constitutional validity of all laws.
 It can reject any such law which is held to be unconstitutional.
High Courts also exercise this power.
32
 5. HIGH COURT FOR EACH STATES AS
WELL A PROVISION FOR JOINT HIGH
COURTS

 The Constitution lays down that there is to be a High Court for each state.
 However, two or more states can, by mutual consent, have a Joint High Court.

33
DISTRICT AND SUBORDINATE COURTS

 The district and the subordinate courts are the courts below the high courts. These courts administer
 jurisdiction at the district level in India.
 The district courts are at the top of all the subordinate courts but fall under the administrative control of the state high
court to which that district belongs to. The jurisdiction in the districts of the states
is presided over by District and Sessions Judge.
 The judge is referred to as a District Judge when he presides over the civil cases and as a Sessions
 Judge when he presides over criminal cases. He is addressed as a Metropolitan Sessions Judge when he presides over a
district court in a city which is recognized as a metropolitan city or area by the
state government. The District Judge is also the highest judicial authority after the High Court Judge.
 The district courts also hold jurisdiction over the subordinate courts. For handling civil cases, the
 subordinate courts, in ascending order, are Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge
Courts. For handling criminal cases the ascending order of the subordinate courts is Second Class Judicial Magistrates
Court, First Class Judicial magistrate Court and Chief Judicial Magistrate Court.

34
6. SUPREME COURT AS THE
ARBITER OF LEGAL DISPUTES
BETWEEN THE UNION AND STATES

The Constitution gives to the Supreme Court the jurisdiction in all cases
of disputes:
 (i) Between the Government of India and one or more states,
 (ii) Between the Government of India and any state or states on one side and
one or more states on the other, and
 (iii) Between two or more states.

35
7. GUARDIAN OF FUNDAMENTAL
RIGHTS

 Indian judiciary acts as the guardian of fundamental rights and freedoms of the
people.
 The people have the Right to Constitutional Remedies under which they can seek
the protection of the courts for preventing a violation or for meeting any threat to
their rights.
 The Supreme Court and the High Courts have the power to issue writs for this
purpose.

36
8. SEPARATION OF JUDICIARY FROM
THE EXECUTIVE

 The Constitution of India provides for a separation between the judiciary and
the other two organs of the government.
 The judiciary is neither a branch of the executive nor in any way subordinate to
it.
 The judicial administration in India is oraganised and run in accordance with the
rules and orders of the Supreme Court.

37
 9. OPEN TRIAL

 The courts in India are free.

 These conduct open trials.
 The accused is always given full opportunity to defend himself.
 The state provides free legal aid to the poor and needy.

38
10. JUDICIAL ACTIVISM

 Indian Judicial System has been becoming more and more

active.
 The Supreme Court has been coming out with judicial
decisions and directives aimed at active protection of
public interest and human rights.
 Judiciary has been giving directives to public officials for
ensuring a better security for the rights of the public.
 The Public Interest Litigation system has been picking up.
The system of Lok Adalats has also taken a proper shape
and health.
39
 11. PUBLIC INTEREST
LITIGATION SYSTEM
 Under this system the courts of law in India can initiate and
enforce action for securing any significant public or general
interest which is being adversely affected or is likely to be so
by the action of any agency, public or private. Under it any
citizen or a group or a voluntary organisation, or even a court
herself, can bring to notice any case demanding action for
protecting and satisfying a public interest.
 It provides for an easy, simple, speedier and less expensive
system of providing judicial relief to the aggrieved public. With
all these features, the Indian Judicial System is an independent,
impartial, free, powerful and efficient judicial system. 40
OPPORTUNITY TO CHANGE

People have a stereo-typed view about District

Courts being slow, rigid and secretive.
Information & Communication Technology can
help us change this impression and Courts
can became more efficient, fast, responsible
and user friendly.

41
STAKEHOLDERS IN COURTS

1. Judges
2. Litigants
3. Lawyers
4. Court Staff
5. General Public
6. Government
ROLE OF ICT IMPLEMENTATION IN
COURTS

 Information & Communication Technology is available for various uses in District

Judiciary and allied areas and in some of the District Courts it is already in
operation.

 Information & Communication Technology implementation in District Courts is

possible in the areas mentioned hereinafter.

43
VIDEO CONFERENCING FACILITIES
Benefits
 Dreaded criminals can be tried without risk

 Trial is expedited with use of this facility

 Cost and manpower in producing under trials only for remand extension can be
saved

 Multiple trials of an accused lodged in one jail is possible in different states

 Evidence of witnesses unable to come to Court can be recorded

 In child sexual offences, minor witness can be screened from the accused by use
of this facility

44
MODERN APPROACH OF DELIVERING
JUSTICE

45
46
47
BENEFITS OF ARBITRATION

48
DISADVANTAGES

49
SOURCES OF ARBITRATION

50
INTERNATIONAL INSTRUMENTS

51
52
53
54
55
56
57
58
REMEMBERING MUBAI RIOTS OF 1992
AFTERMATH

59
SUPREME COURT DECLINES URGENT HEARING IN PIL TO BAN STUBBLE BURNING
THE MATTER WAS MENTIONED BEFORE CHIEF JUSTICE OF INDIA (CJI) DY CHANDRACHUD BUT THE CJI SAID
THAT THESE ARE NOT ISSUES STRICTLY FALLING UNDER THE PURVIEW OF JUDICIARY.

60
61
THANKYOU

62
 M: +91 98492 39783
 E: ipattorneykamaraju@gmail.com

63