Role of Judiciary in India

Role of Judiciary in India: The administrative system in India is guided by three pillars- Legislature, Executives, and Judiciary. There is an independent judiciary in India and other organs of the government are not allowed to interfere with the functioning of the system of judiciary. The judiciary plays a very important role in ensuring that both legislature and the executive do not exceed their constitutional boundaries and also preventing arbitrary exercise of powers. The Constitution of India guarantees that the judiciary remains independent of the influence of the legislature as well as the executive.

This article will help us to understand the hierarchy of courts in India and also its jurisdiction, powers as well and functions of different courts and also highlight certain hurdles that are faced presently by the judicial system.

Judiciary in India

Introduction to Indian Judiciary

Judiciary refers to the branch of government that interprets the law, settles disputes, and administers justice to all citizens. The Judiciary is referred to as the watchdog of democracy and also as the guardian of the constitution. For the effective functioning of the judiciary, it is important to have an independent judiciary.

Independent Indian Judiciary

The independence of courts and judges to carry out their responsibilities without interference or control from outside parties, whether public or private. The phrase is also used normatively to refer to the degree of independence that judges and courts ought to possess. It implies that:

1. Other branches of the government, the executive and the legislature; cannot interfere with the judiciary functions.
2. The decision of the judiciary is respected and also not interfered with by other organs.
3. The judges can perform their duties without any fear or support.

An intriguing feature of the Indian constitution is how independent the court is under it. The judiciary is responsible for upholding the Constitution and defending the rights of the populace. The judiciary needs to be independent in order to carry out this function. The courts in India can play a significant role in ensuring that the legislative and the administration do not misuse their power thanks to the country’s independent judiciary. There is an integrated judicial system in India, which suggests that decisions made by higher courts are binding on subordinate courts. In India, there is an appeals procedure that enables a person to take their case to a higher court if they believe the lower court’s decision was unfair.

How Indian Judiciary is granted its independence?

The constitution provides for a number of different provisions for ensuring the independence of the judiciary is maintained as well as protected.

Structure of Indian Judiciary

India consists of a single integrated judicial system and the system of the judiciary in India has a structure which is a pyramid structure with the Supreme Court at the top position. High courts are below the Supreme Court and below them are the district and subordinate courts. The lower courts are in direct superintendence of higher courts.

Diagram of Structure and Function of Judicial System

Structure of Indian Judiciary

There are two branches of the legal system which can be understood from the above diagram:

1. Criminal Law: Criminal Law deals with the commitment of a crime by any citizen and starts with a local police complaint file report and the court decides on the matter.
2. Civil Law: Civil law deals with disputes over the violations of the Fundamental Rights of a citizen.

The jurisdiction of the Supreme Court of India is mentioned in Articles 131, 133, 136, and 143 of the Constitution and has three types of jurisdictions- original, appellate, and advisory.

What is the role of the Judiciary? – Functions of Indian Judiciary

The important functions and roles of the judiciary include:

1. Creation of judge-case law: In various cases, the judges are not able to, or find difficulties in the selection of an appropriate law for application, decided on basis of wisdom and common sense. Because of this “judge-made law” or “case law” or made.
2. Administration of Justice: The primary function of the judiciary is the application of law to specific cases or for settling disputes. The certain dispute brought into the court determines the facts involved with the help of evidence presented by the contestants. If certain somebody is found guilty, charges will be imposed on them.
3. Guardian to the Constitution: Supreme Court acts as a guardian to the Constitution and conflicts of jurisdiction between the central government and state governments are determined in court. Any law or executive order violated by any of the provisions of the Constitution is declared to be unconstitutional or null by the judiciary. This is known as “judicial review”.
4. Supervisory functions: The courts also perform functions of supervising the subordinate courts of India, which come under supervisory functions.
5. Protector of Fundamental Rights: People’s rights not being trampled upon is ensured by the judiciary. By issuance of writs, the superior courts enforce fundamental rights.
6. Advisory functions: The Supreme Court of India performs advisory functions and gives advice on opinions on constitutional questions.
7. Conducting Judicial Enquiries: Judges normally called head commissions are responsible for inquiry into cases of errors or even omissions on part of public servants.
8. Administrative functions: Some important administrative functions of the courts are non-judicial or administrative in nature. Certain licenses, administer the estates and also register for marriages, appoint guardians of minor children and also lunatics.

Civil Courts of Indian Judiciary

Civil cases are dealt with in the civil courts and civil law is referred to in almost all cases other than criminal cases. Criminal law is applicable in cases of murder, robbery, and so forth.

Civil law is applied in case of disputes; when one person sues the other person. A few examples of civil cases are eviction, consumer problems, debt, etc.

1. Judges of civil and criminal courts have various powers and judges in criminal court can punish convicted people by sending them to jail.
2. District judges sit in District courts and Magistrates of Second Class and Civil Judges are at the bottom of the judicial hierarchy of India.
3. At the district level, it is the highest in the civil courts in the district and has both administrative as well as judicial powers.
4. It can try both criminal and civil cases and hence, the judge is known as District and Sessions Judge.
5. Under the district courts, there are courts in the context of sub-judge, additional sub-judge, and munsif courts.

Indian Courts

Types of Jurisdiction in Civil Courts

1. Subject Matter Jurisdiction: Trial of cases of a particular type and also relate to a particular subject.
2. Territorial Jurisdiction: Trial of cases within the geographical limit and is not beyond the territory.
3. Pecuniary Jurisdiction: The cases are more related to money matters than the case of monetary value.
4. Appellate Jurisdiction: It is the authority of a court to hear the appeals or to review a case that has already been decided by a lower court. The Supreme Court and High courts have appellate jurisdiction for hearing cases which were decided by the lower courts.

Courts in India

The Indian judiciary upholds the body of law derived from the British colonial legacy, which is based on documented court precedents. The Supreme Court of India, the High Courts, and the District, Municipal, and Village Courts make up the Indian judicial system. India’s judiciary is regarded as a hybrid of autonomous and integrated judiciaries.

Supreme Court

It was founded on January 28, 1950, and it is the highest court in the state. It is the highest court of appeal and hears both initial lawsuits and appeals against High Court rulings. The Chief Justice of India and other judges chosen by the parliament make up the Supreme Court. Articles 124 to 147 of the Indian Constitution define the Supreme Court’s authority.

High Court

At the state level, the High Courts have the most judicial power. The High Courts’ authority is outlined in Article 214. There are 25 High Courts in India. Only when the State’s inferior courts are unable to hear the case do the High Courts have civil or criminal jurisdiction. Additionally, appeals from subordinate courts may be heard by the High Courts. The Chief Justice of India, the Chief Justice of the High Court, and the Governor of the State shall consult before the President of India appoints the judges of the High Court.

District Court

Depending on the volume of cases and population density, state governments in India formed district courts for each district or group of districts. The High Courts directly manage the District Courts, and they are bound by their rulings. Each district typically has two different sorts of courts: civil and criminal. District Judges preside over district courts. Based on a caseload, additional district judges and assistant district judges may be appointed. The High Court hears appeals against decisions rendered by the District Court.

Importance of Judiciary 

An essential component of the Indian government is the judiciary. The judiciary is in charge of handling any friction between the State and the Center. It is the only entity that arbitrates disputes and renders all rulings. It makes sure that the country’s Constitutional provisions always take precedence and that they are regarded as the real protectors of the Constitution. The judiciary is therefore the most significant section of the Indian Constitution. It defends all laws and civil rights, renders judgment in court proceedings, and serves as the protector of our Constitution.

Issues with Judicial System

The judicial system of India faces the following hurdles, some of which is mentioned below:

• Constitutional courts are overburdened with loads of cases, which results in numerous delays in justice and litigation.
• Litigation is mostly costly and in many cases common people are forced to forgo their rights.
• Judiciary in India lacks the infrastructure for properly dealing with the lots of cases and are mostly overcrowded.
• Many British era laws have become obsolete.

Read Further

1. Independent Judiciary of India
2. Structure of Courts in India
3. Why Judicial Independence Important?
4. Powers and Functions of Supreme Court
5. Different Branches of Legal System
6. Access to Courts
7. Advisory Jurisdiction of the Supreme Court

FAQs on Indian Judiciary

What is Article 124A of the Indian Constitution?

Article 124A deals with the establishment and constitution of the Supreme Court.

What is the structure of the Indian Judiciary?

The structure of the Indian Judiciary is pyramidical and the Supreme Court is in the top.

What is the main function of the Indian Judiciary?

The main function of the Indian Judiciary is to interpret and also application of laws to cases.

What are the 4 types of court?

The 4 types of courts in India includes Supreme Court, High Court, District Court and also Subordinate courts.

What is judiciary in India?

Judiciary in India refers to a branch of government in which it interprets the law, settles disputes and also administers justice for all the citizens of the country.

Who is the father of Indian Judiciary?

The father of Indian Judiciary is Warren Hastings.