The Government of India has three different independent branches :-
Executive
Legislative
Judiciary.
The Indian judicial system was formed by the British during their colonial rule in
the country. This system is known as the Common Law System in which the judges
develop the laws with their judgments, orders and decisions.
The different types of courts form the different levels of judiciary in the country.
The apex court of India is the Supreme Court, located in New Delhi, followed by
the high courts in different states. The high courts are followed by the district
courts and subordinate courts which are also known as the lower courts.
Supreme Court of India
The Supreme Court of India came into being on 28 January 1950 and substituted the Judicial
Committee of the Privy Council and the Federal Court of India which were the apex legal
system under the colonial rule in India.
There is one Chief Justice and 30 other judges in the Supreme Court who are appointed by the
Indian President.
These judges retire after the attainment of the age of 65 years. The apex court works
extensively for the protection of the fundamental rights of the Indian citizens.
It is also a supreme authority as it settles the disputes within several governments of the country.
It also has an authority to review any judgement or order earlier passed by it and can also
transfer cases from one high court to another and from one district court to another.
High Courts
The supreme judicial powers at the state level lie with the high courts of India.
There are 24 high courts in the country which hold jurisdiction over a state, union territory or a
group of union territories or states. Being established in 1862, Calcutta High Court is the oldest
high court in India.
Being the appellate authority of state or group of states, the high courts have similar authorities
and powers like that of the apex court, except for the difference of territorial jurisdiction of high
courts which is varied.
The high courts may also have original jurisdiction in certain cases if permitted under the
federal law system.
There are lower courts - civil or criminal, and tribunals which function under the high courts. All
the high courts come under the jurisdiction of Supreme Court of India
Following is the list of the 24 high courts of India:
High Court of Judicature at Hyderabad (Andhra Pradesh and Telangana)
•High Court of Judicature at Allahabad (Uttar Pradesh)
•Bombay High Court (Maharashtra, Dadra and Nagar Haveli, Goa and Daman and Diu)
•Calcutta High Court (West Bengal and Andaman and Nicobar Islands)
•Chhattisgarh High Court
•Delhi High Court (National Capital Territory of Delhi)
•Gujarat High Court
•Gauhati High Court (Assam, Nagaland, Mizoram and Arunachal Pradesh)
•Himachal Pradesh High Court
•Jammu and Kashmir High Court
•Jharkhand High Court
•Karnataka High Court
•Kerala High Court (Kerala and Lakshadweep)
•Madras High Court (Tamil Nadu and Puducherry)
•Madhya Pradesh High Court
•Meghalaya High Court
•Manipur High Court
•Orissa High Court (Odisha)
•Patna High Court (Bihar)
•Punjab and Haryana High Court (Punjab, Haryana and Chandigarh)
•Rajasthan High Court
•Sikkim High Court
•Uttarakhand High Court
•Tripura High Court
District and Subordinate Courts
The district and the subordinate courts are the courts below the high courts. These courts
administer jurisdiction at the district level in India.
The district courts are at the top of all the subordinate courts but fall under the administrative
control of the state high court to which that district belongs to. The jurisdiction in the districts of
the states is presided over by District and Sessions Judge.
The judge is referred to as a District Judge when he presides over the civil cases and as a
Sessions Judge when he presides over criminal cases. He is addressed as a Metropolitan
Sessions Judge when he presides over a district court in a city which is recognized as a
metropolitan city or area by the state government. The District Judge is also the highest judicial
authority after the High Court Judge.
The district courts also hold jurisdiction over the subordinate courts. For handling civil cases, the
subordinate courts, in ascending order, are Junior Civil Judge Court, Principal Junior Civil
Judge Court, Senior Civil Judge Courts. For handling criminal cases the ascending order of the
subordinate courts is Second Class Judicial Magistrates Court, First Class Judicial magistrate
Court and Chief Judicial Magistrate Court.
Powers of Judiciary System
(1) Judicial Functions: when a dispute is brought before a court, it is the responsibility of the court
to 'determine the facts' involved. The usual manner in which the courts determine the facts is
through evidence given by the contestants. Once the facts have been established, the court
proceeds to decide what law is applicable to a particular controversy or circumstance.
Herein the judiciary becomes the interpreter of laws, which is the prime function of the
judiciary. So the major task of the judiciary is to 'determine' the facts of laws and to apply
them to particular circumstance.
(2) Law-making Functions: judiciary also performs the role of lawmaker. It may sound surprising,
but 'judge-made' laws are common to all systems of jurisprudence. When the provisions of the
existing laws may be ambiguous, or sometimes two or more laws of a particular government
appear to be in conflict under a given circumstance. Here in the judiciary plays an important role
in determining what the law is and when two laws apparently conflict, which shall prevail.
(3) Guardianship of the Constitution:
In federal States the judiciary is the guardian of the Constitution.
In federal States conflict in jurisdiction and authority frequently occurs, as there
are several law making and executive authorities, each showing its power to the
Constitution. In the circumstances, the judiciary becomes the umpire and
regulates the legal actions of the States and Central governments.
In case the laws made by any of these law-making bodies conflict with the
constitutional provisions, the judiciary in the above mentioned States is
empowered to declare the relevant legislation illegal.
(4) Advisory Jurisdiction:
Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the
President of India may seek the advice of the Supreme Court of India on any
proposed legislation.
(5) Protector of the Fundamental Rights:
Judiciaries also act as the defenders of the individual's right. Such role of the judiciary is important
as it prevents the individual's rights from being violated. An individual need not wait until harm is
done to him. If he had, sufficient reasons to believe that attempts would be made to violate his
'rights' he could approach the courts for protection. Judiciary is the watchdog of rights and
liberties of the people. In India, the Supreme Court is empowered to protect the Fundamental
Rights of the citizens.
(6) Supervisory Function:
Higher courts are often assigned the task of supervision over the lower courts. The Indian High
Conn responsible for the supervision of their respective state judicial systems.
(7) Non-Judicial Function:
Judiciary in some countries may perform a number of non-judicial functions.:-
Courts may undertake the administration of property in cases where the ownership of property
in question is in dispute.
Courts also assume responsibility for handling the affairs of minor children or lunatics. Courts
may be authorized to issue and cancel certain licenses.
Courts also may be authorized to grant citizenship to aliens.