COURT SYSTEM UNDER INDIAN CONSTITUTION

INTRODUCTION
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. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting
in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the
bottom. Courts hear criminal and civil cases, including disputes between individuals and the
government. The Indian judiciary is independent of the executive and legislative branches of
government according to the Constitution.

COURT TYPES:
Supreme Court of India
On 26 January 1950, the day India’s constitution came into force, the Supreme Court
of India was formed in Delhi.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and
7 poise Judges – leaving it to Parliament to increase this number. In the early years,
all the Judges of the Supreme Court sit together to hear the cases presented before
them. As the work of the Court increased and arrears of cases began to accumulate,
Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960,
18 in 1978 and 26 in 1986. The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A judge of the Supreme Court cannot be removed from office except by
an order of the president passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of
not less than two-thirds of members present and voting, and presented to the president
in the same Session for such removal on the ground of proved misbehavior or
incapacity. A person who has been a Judge of the Supreme Court is debarred from
practicing in any court of law or before any other authority in India.
High Courts
There are 29 High Courts at 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 Part VI,
Chapter V, and Article 214 of the Indian Constitution.
The State level. Article 141 of the Constitution of India
mandates that they are bound by the judgments and orders of the Supreme Court of
India by precedence. These courts have jurisdiction over a state, a union territory or Judges in a high court are appointed by the President after consultation with the Chief
Justice of India, Chief Justice of High Court and the governor of the state. The number
of judges in a court is decided by dividing the average institution of main cases during
the last five years by the national average, or the average rate of disposal of main
cases per judge per year in that High Court, whichever is higher.

District courts
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. These courts are under administrative control of the High Court of
the State to which the district concerned belongs. The decisions of District court are
subject to the appellate jurisdiction of the concerned High court the district court is presided over by one District Judge appointed by the state Government. In addition to the district judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The
Additional District Judge and the court presided have equivalent jurisdiction as the
District Judge and his district court. The district judge is also called “Metropolitan
session judge” when he is presiding over a district court in a city which is designated
“Metropolitan area” by the state Government.

VILLAGE COURT
Village courts, called Look Adulate (people’s court) or Nyaya Panchayat (justice of the
Villages), compose a system of alternative dispute resolution.
They were recognized through the 1888 Madras Village Court Act, then developed
(After 1935) in various provinces and (after 1947) Indian states. The model from the
Gujarat State (with a judge and two assessors) was used from the 1970s onwards. In
1984 the Law Commission recommended to create Nyaya Panchayat in rural areas
With laymen (“having educational attainments”).

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

Rate this:

Posted in law

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.