This article is written by SHRUTI JAIN, LL.B 1^stYear student of State Level PG Law College, Bhopal during her internship with LeDroit India.

Introduction to Indian judicial system

The judicial system in India is the most constructive and effectual system in the world. It is law and rules stated for the welfare of the citizens. It protects our fundamental rights which provide fair justice. Integrity, impartiality and intelligence are some of the important characteristics of Indian Judiciary.

Indian Judiciary has three tier structure :-

• Supreme Court
• High Court
• Subordinate Court

SUPREME COURT

The Supreme Court of India is the supreme judicial body of India and the highest court in India followed by High Court, district court and lower court. Supreme Court was inaugurated by Government of India Act 1935 on 28^th January 1950. It controls and runs the judicial administration of India. Supreme Court below our Constitution is such an arbitrator. It is the very last interpreter and mum or dad of the Constitution. It is the maximum senior constitutional court, and has the energy of judicial review. In addition, to the above feature of retaining the supremacy of the constitution, the ideal Court is likewise the father or mother of the Fundamental Rights of the people Truly, the Supreme Court has been called upon to safeguard civil and minority rights and play the role of “ guardian of the social revolution ”.It is the extremely good tribunal which has to attract the road among person liberty and social control. It is likewise the very best and very last interpreter of the overall regulation of the country. It is the very best Court of attraction in civil and criminal matters. Supreme Court is likewise called Apex Court.

Powers of supreme court

• Supreme Court can take decision between Government and citizens.
• Supreme Court can reopens the old cases.
• Supreme is the guardian of constitution.
• People can approach to Supreme Court for their rights and laws.
• Supreme Court can give punishment the person who will not follow the Constitution.

Importance of the Supreme Court in India

In the Constitution of India, part 5, chapter 6 appointment, retirement, jurisdiction, etc. from Article 124 to Article 147 of the Supreme Court. The followings are the importance of the establishment of the Supreme Court: deals with the power, function,

1. The Supreme Court is the highest appeal court that is also known as the apex court of India and even the last resort, where the citizens of India can seek justice if they are not satisfied with the judgment of the High court.
2. The citizens of India, as per Article 32 of the Constitution, can even directly sort for remedy through writs if their fundamental rights are violated.
3. The Supreme Court has Judicial Review power that is being vested through Article 13 of the Constitution, which means the Supreme Court has the power to strike down any legislation and executive action if such acts are found to be inconsistent with the Constitution of India.

HIGH COURT

High Courts are the very best judicial frame on the State level. Article 214 lays down the authority of High Courts. There are 25 High Courts in India. High Courts workout civil or crook jurisdiction most effective if the subordinate courts with inside the State aren’t able to attempt the matters. High Courts may also even take appeals from lower courts.

Jurisdiction

High Courts are the highest judicial body at the State level. Article 214 lays down the authority of High Courts. There are 25 High Courts in India. High Courts exercise civil or criminal jurisdiction only if the subordinate courts in the State are not competent to try the matters. High Courts may even take appeals from lower courts.

Composition of High Court

Every High Court of a state or states consists of a Chief Justice appointed by the President with the consultation of the Chief Justice of India and the Governor of that state.

Along with the Chief Justice, other judges are appointed by the President as per the requirement of work. There is no specific limit prescribed for the appointment of judges in a High Court. It may vary from time to time.

Powers of high Court

• Original Jurisdiction
• Writ Jurisdiction
• Appellate Jurisdiction
• Supervisory Jurisdiction
• A Court of Record
• Power of Judicial Review

SUBORDINATE COURT

In State there is a system of subordinate Courts below the High Court. The Constitution secures the independence of subordinate Judiciary from the Executive. Art. 233 provides that the appointment, posting and promotion of District Judges shall be made by the Governor of the State in consultation with the High Court. They administer justice in India at a district level.

The district judge is, also called “metropolitan session judge” whilst presiding over a district courtroom docket in a town that’s distinct “metropolitan area” via way of means of the nation. Other courts subordinated to district courtroom docket withinside the metropolitan region also are mentioned with “metropolitan” prefixed to the same old designation. An location is targeted a metropolitan vicinity via way of means of the involved country authorities if populace of the region exceeds a million or greater.

Jurisdiction

In each district of India there are various types of subordinate or lower courts. They are civil courts, criminal courts and revenue courts. These Courts hear civil cases, criminal cases and revenue cases, respectively.

Appointment of District Judges

• The Governor of the State, in consultation with the High Court, appoints, posts, and promotes district judges in the State.
• He/she should not already be in the service of the Central or the State Government.
• He/she should have been an advocate or a pleader for seven years.
• He/she should be recommended by the High Court for the appointment.

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