Judicial System In India.
The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs and legislative law have validity of law. There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. The Indian judiciary is independent of the executive and legislative branches government according to the Constitution.
Composition of Supreme Court.
The Constitution originally provided for 1 Chief Justice Of India and not more than 6 other judges. The Constitution authorises the Parliament to provide by law fixing the Strength of the Supreme Court. The Parliament passed the Supreme Court ( Number of Judges) thus accordingly, a Constitutional Amendment Act in 2008 has increased the Strength of Supreme Court to 31 (1 chief justice + 30 other judges).
Qualification to be a judge of Supreme Court.
• A person must be a citizen of India.
• He/She must have been, for at least 5 years, a Judge of a High Court or of two or more such courts in succession.
• Or an Advocate of a High Court or of two or more such courts in succession for at least 10 years.
• Or the person must be, in the opinion of the President, a distinguished jurist.
Appointment of Judges of Supreme Court.
While appointing the chief justice of India the President may consult such judges of the Supreme Court or High Courts as he deems considers it necessary.
Jurisdiction and Powers of Supreme Court.
The jurisdiction and powers of the Supreme Court can be classified into the following:
1. Original Jurisdiction : As a federal court, the Supreme court decides the disputes between different units of the Indian Federation.
(a) The centre and one or more states.
(b) The centre and any state or states on one side and one or more states on the other
(c) Between two or more states.
2. Writ Jurisdiction : The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition for the enforcement of the fundamental rights of an aggrieved citizen.
3. Appellate Jurisdiction : It enjoys a wide appellate jurisdiction on
(a) Appeals in constitutional matters.
(b) Appeals In criminal matters
(c) Appeals in civil matters
(d) Appeals by special leave.
4. Advisory Jurisdiction : The Constitution (Article 143) authorises the president to seek the opinion of the Supreme court in the two categories of matter :
(a) On any question of law or fact of public importance which has arisen or which is likely to arise.
(b) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement.
5. A Court of Record : The judgments, proceedings and Acts of the Supreme Court are recorded for perpetual memory and testimony.
6. Power of Judicial Review : Judicial review is the power of the Supreme Court to examine the constitutionally legislative enactments and executive orders of both the Central and state governments.
There are 24 High Courts at the state level. Constitution of India mandates that they are bound by the judgments and orders of the Supreme Court . These courts have jurisdiction over a state, a union territory or a group of states and Union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High courts are Instituted as constitutional courts under Article 214 of the Constitution.
District Courts of India .
The District Courts of India are established by the State Governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level.
Judicial System In India.