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Exploring the Indian Judiciary: Structure, Significance, & Rule of Law

December 4, 2023 2267 0

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

Indian Judiciary's Pyramid

  • 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.

Structure of Indian Judiciary

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

No. Criminal Law

Criminal Law

Civil Law

Civil Law

1. Deals with conduct or acts that the law defines as offenses. 

  • For example, theft, harassing a woman to bring more dowry, murder etc.
Deals with any harm or injury to the rights of individuals. 

  • For example, disputes relating to the sale of land, purchase of goods, rent, matters, and divorce cases. 
2. It usually begins with lodging a First Information Report (FIR) with the police investigating the crime, after which a case is filed in the court. In the Indian Judiciary, a petition has to be filed before the relevant Court by the affected party only.

In a rent matter, either the landlord or the tenant can file a case.

3. If found guilty, the accused can be sent to jail and also fined.  The court gives the specific relief asked for. For instance, in a case between landlord and tenant, the court can order the flat to be vacated and pending rent to be paid.

 

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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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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