Indian Judiciary: Upholding Rule of Law Equally – An Introduction

There are three institutional frameworks of the Government – Legislative, Executive, and Judiciary. We have rule of law in India which means that laws apply equally to all persons and that a certain set of fixed procedures need to be followed when a law is violated. To enforce this rule of law, we have the Indian Judiciary, to which citizens can approach when a law is violated. Thus, the study of the Indian judicial system becomes necessary.

Indian Judiciary’s Pyramid: From District Courts to the Top of Justice in the Supreme Court

• Pyramidal Structure: The structure of the judiciary in India is pyramidal.
• Top to Bottom: The Supreme Court at the top, High Courts below them and district and subordinate courts at the lowest level.
• Subordinate or District Courts: These are the courts that most people interact with.
  • These are usually at the district or Tehsil level or in towns, and they hear many kinds of cases. 
• District Judge: Each state is divided into districts that are presided over by a District Judge. 
• Different Names in the Indian Judiciary:  The subordinate court is more commonly known by many different names, such as – the Trial Court or the Court of the District Judge, the Additional Sessions Judge, the Chief Judicial Magistrate, the Metropolitan Magistrate, and the Civil Judge.
• High Court: Each state has a High Court, which is the highest court of that state.
• • Establishment: High Courts were first established in the three Presidency cities of Calcutta, Bombay, and Madras in 1862. 
  • The High Court of Delhi came up in 1966. 
  • Currently, there are 25 High Courts in India. 
• Supreme Court in the Indian Judiciary: At the top is the Supreme Court which is located in New Delhi and is presided over by the Chief Justice of India.
  • Constitutional Power: The Supreme Court of India is one of the most powerful courts in the world, deriving its power from the constitution of India itself.

Importance of Indian Judiciary: Protection, Interpretation, and Integrated Decision-Making

• Protecting Constitution: Since the commencement of the Indian constitution on 26th January 1950, the judiciary has played a very important role in protecting and interpreting the constitution.
• Integrated Indian Judicial System: Further, the Constitution of India provides for a single integrated judicial system, meaning that the decisions made by higher courts  in the Indian Judiciary are binding on the lower courts. 
• Appellate System: Another way to understand this integration is through the appellate system that exists in India. 
  • This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just. 

Indian Judiciary: Exploring the Differences Between Criminal and Civil Law

Essential Roles of Indian Judiciary: Resolving Disputes, Reviewing Laws, and Safeguarding Fundamental Rights

• Dispute Resolution: Judicial system provides a mechanism for resolving disputes – 

• • Between citizens, 

• • Between citizens and the government, 

• • Between two state governments and 

• • Between the center and state government. 

• Judicial Review: The Supreme Court and High Courts have the power to strike down particular laws passed by the Parliament if they believe that these are a violation of the basic structure of the Constitution.
• Upholding Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or the High Court if their Fundamental Rights have been violated. 
  • To perform this role adequately, the Indian judiciary is provided with judicial independence. 

Conclusion

Explore the vital roles of the Indian Judiciary – resolving disputes between citizens, citizens and the government, state governments, and the center. Learn how it reviews laws and ensures fundamental rights, embodying justice for every citizen.

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