An organ of government that deals with the administration of justice according to law is called the judiciary. It includes courts, judges, etc. The work done by the judiciary involves dispute resolution, judicial review, upholding the law, and enforcement of fundamental rights.
It resolves disputes among citizens, between citizens and government, and between two governments central or state. It is the final interpreter of the constitution and can override the Parliament. Indian judiciary is single, integrated as well and independent as established by the Indian constitution.
Structure of Courts in India
Independent Judiciary
Independent Judiciary is the idea that the legal executive should be autonomous from different parts of the government. That means courts must not be dependent upon ill-advised impact from different parts of government or private or sectarian interests. The independence of the judiciary is essential for the effective discharge of its functions and duties. We have an independent judiciary to avoid interference from other organs of government in its function of delivering justice and function without fear or favor. This ensures that the justice served is impartial.
Independent Judiciary in India
Indian Constitution has ensured the independence of the judiciary through the following provisions:
- Mode of appointment- The legislature is not involved in the appointment of judges. This is done to ensure that judicial appointments are not biased based on political or practical considerations.
- Security of tenure- Judges can be removed by the President or governor as per the manner prescribed in the constitution.
- Fixed service conditions: Conditions of service remain the same during their tenure.
- It is prohibited by the constitution to discuss in Parliament or State legislature the conduct of judges concerning the discharge of duties.
- The retired Supreme Court judges are banned from further service in any court or authority to remove biases of judgment while in service.
- Any person can be punished by the court for their contempt.
- Parliament can only increase its jurisdiction but cannot curtail it.
- Separation of the Judiciary from the Executive is provided by the Constitution.
- The judiciary is not dependent financially on the legislature or executive.
Structure of Indian Judiciary
Indian judiciary is integrated and has 3 levels. The Supreme Court stands at the top as head of all courts which is followed by state High courts, District courts, other subordinate courts etc. Both central and state laws are enforced by a single system of courts.
Supreme Court
It is a federal court, the highest court of appeal, the guarantor of fundamental rights, and a guardian of the constitution. There is only one Supreme Court. Its decisions are binding on all other courts. The jurisdiction and powers of the Supreme court include the following:
- Original jurisdiction: Can hear cases in the first instance.
- Writ jurisdiction: Guarantor of fundamental rights by issuing writs.
- Appellate jurisdiction: Can hear appeals against judgments of lower courts
- Advisory jurisdiction: Can provide an opinion to President on any matter.
- A court of record: Records all judgments and proceedings and can punish for contempt of court
- Power of judicial review: Can review its own judgment or judgment of lower courts.
- Interpreter of constitution: It is the final interpreter of the constitution.
High Court
Each state has a high court and other subordinate courts. It functions and operates below the Supreme Court. There are at present 25 high courts for different states in India. There can be a common high court for 2 states or UTs. High courts of each principality has a chief justice and other judges. It has same powers and jurisdictions as of a Supreme court on its subordinate courts.
District court/other subordinate courts
They are subordinate to the State high courts. The district judges are appointed by the Governor. The structure of district and other subordinate courts is different for different states. District judge is the highest judicial authority for the state. Other courts include family courts, gram nyayalayas etc.
Three tiers of civil and criminal courts are present below the high court
- Civil courts: Deal with civil wrongs done by individuals against each other’s and entities. They include property disputes, contract breaches, divorce cases etc., Civil courts are governed by Code of Civil Procedure (CPC).
- Criminal courts: Deal with crimes committed by individuals against society as per the Criminal law. Criminal courts derive their power from Code of Criminal Procedure (CrPC). In case of Criminal law complaint is to be first registered with police.
- Lok Adalat: Pending cases in a court or cases at pre litigation stage are settled in Lok Adalat’s amicably. It is also called as “People’s court”. In order to reduce the burden of the huge backlog cases and for speedy trial Lok Adalat’s have been constituted. They provide alternate resolution for expeditious and inexpensive justice. A Lok Adalat usually consist of a judicial officer, a lawyer and a social worker. The award of a Lok Adalat has the status of a decree of civil court and is non-appealable.
Frequently Asked Questions
What is the structure of courts in India?
There are three different levels of court structure in India:
- District Court.
- High Court.
- Supreme Court.
What is the structure of the courtroom?
A dais for judge’s chair and table, a witness box, tables for court clerks, lawyers desk, place for the accused, is the structure of court.
What is the structure of criminal courts in India?
The most authoritative criminal court is supreme court of India and is followed by High Court, Sessions Court and finally judicial and executive magistrates.
What are the two types of courts in a district?
The two types of courts include civil courts and criminal courts.
What is the structure of Supreme Court of India?
The Supreme Court of India includes Chief Justice and not more than 33 other Judges appointed by President of India.
What are the 4 types of court?
The 4 types of court include Supreme Court, High Court, District Court and subordinte courts.