The modern Indian judicial system evolved from the common law system that arrived with the British East India Company. It has also had influences from other colonial powers, Indian princely states and ancient practices.
The judiciary is responsible for interpreting the laws of India and applying them to cases before it. It deals with both civil and criminal cases.
Origins
The origins of the Indian Juidiciary are rooted in a series of colonial era events that led to the emergence of the modern legal system. These include the enactment of laws and judicial precedents, the creation of the first Law Commission under Thomas Babington Macaulay in 1862, and the introduction of a parliamentary form of government to India.
In 1772, Warren Hastings, a British commander in Bengal, introduced both civil and criminal justice in the region. He established a civil court (Diwani Adalat) and a criminal court (Faujdari Adalat) in every district. The civil courts were administered by a collector, who supervised the proceedings with help from Indian officers and judges.
He also abolished inhuman punishments such as cutting limbs and noses that were common during the Mughal and Sultanate periods. He also separated the judiciary from the executive, which made it more effective.
From these early stages, the judicial system of India gradually became more independent of Britain’s influence. It was eventually accepted as part of the national structure without much questioning, despite the fact that it followed an erroneous interpretation of the rule of law.
A new, unified judicial system was based on a single Constitution which gave the judiciary a countrywide responsibility to protect individual rights. This included providing remedies in all types of cases relating to the Constitutional, civil and criminal law, essential to maintain the unity and integrity of the nation.
The Indian judiciary has evolved into an essential ingredient of the world’s largest democracy and a crucial front in the battle to secure constitutional rights for every citizen. It has generally won laurels for safeguarding the basic spirit of the Constitution and protecting fundamental rights, but it is also often criticised for exhibiting extra activism.
Functions
In a democracy, the judiciary must uphold citizens’ fundamental rights. These include access to justice, the right to freedoms, and equality.
Moreover, judges must uphold their independence from both the legislature and the executive. This is important for ensuring that they are not unduly influenced by the political or personal agendas of others.
The judicial system is responsible for interpreting laws, settling conflicts between aggrieved parties, and reviewing decisions made by the legislature and the executive. It also performs many other administrative functions, such as probating walls, managing decedents’ estates, and appointing receivers.
Aside from this, courts provide legal aid to the poor and administer oaths of office. They may also be asked to offer advice and opinions on constitutional matters.
In India, the Supreme Court serves as a watchguard of the Constitution and plays an active role in settling conflicts between central and state governments. In addition, it has the power to lead legal audits and interpret and protect the Constitution’s soul.
In recent years, the Indian government has proposed several reforms to improve the judiciary’s administrative performance. These include establishing a new specialized agency for court administration and restructuring specialized tribunals’ administrative structure. However, these proposals require buy-in from the country’s senior judges.
Jurisdiction
The Indian judiciary is an important part of India’s democratic system. It is independent from the executive and legislative branches of government, which helps ensure that justice is carried out fairly and impartially.
The Supreme Court of India is the highest judicial authority in the country and has jurisdiction over a wide range of issues, including criminal cases. It can also hear appeals from lower courts.
Indian Judiciary comprises a hierarchy of courts organized on a similar principle as the British legal system, which is why it is sometimes referred to as the “Indian common law court system.” It includes a Chief Justice of India (CJI), High Courts, and the Supreme Court.
Although there is a Federal Constitution, the judiciary also operates under State laws and statutes. Each State has a high court that decides both Federal and State issues.
Moreover, the Constitution also provides that judgments of High Courts can be reviewed by the Supreme Court if they involve substantial questions of law as to the interpretation of the Constitution. However, this power does not apply to all matters.
In addition, the judicial system has to deal with a large backlog of cases and insufficient funding. The Indian judiciary’s actual expenditures have a tendency to fall far short of the amount allocated to it by the central and state governments.
The judiciary is an essential element of any democracy, as it is responsible for interpreting and applying the laws that govern the country. It is also responsible for resolving conflicts and protecting the rights of citizens.
Powers
Judiciary has a range of powers and functions. This includes the right to review and uphold laws along with the power to punish contempt of court.
The Supreme Court is the highest judicial authority and has extensive powers, including constitutional review. The court is made up of the Chief Justice and a group of around 25 judges.
It has the right to review and uphold legislative enactments and executive orders, though it is limited by Parliamentary law or rules. It can also review matters of public importance, such as elections for President and Vice President.
Judicial review is an important tool for building social justice and welfare in India. However, it is crucial to practice judicial restraint when exercising this power.
This is because it can encroach on the powers of other pillars of the constitution, such as the legislature. In order to avoid this, courts should only exercise their judicial review powers in cases that are consistent with the basic principles of separation of powers and in a manner that does not obstruct the work of other pillars.
The Indian judiciary is a very powerful body and has a lot of powers to protect the citizens from violations or threats to their rights. The people can seek the help of the courts through writs, which are issued by the Supreme Court and the High Courts.
The judiciary in India is a very important part of the government, and its independence is an important aspect of the country’s functioning. As such, it is essential to respect the judiciary and ensure that it is given the resources needed to function properly.
Responsibilities
The Indian Judiciary is a vital part of the democratic system and plays an essential role in upholding the rule of law. It is independent from both the executive and legislative branches of government, which helps to ensure that justice is administered impartially and fairly.
The judiciary has the responsibility to uphold the Constitution, protect fundamental rights, and enforce the law. It also provides legal advice to the government on a range of issues.
There are three types of courts in India: the Supreme Court, High Courts and District Courts. They each have different jurisdictions. The Supreme Court is the highest judicial authority and has the power to issue writs like mandamus, prohibition, quo-warranto, and certiorari for the enforcement of fundamental rights.
One of the most important responsibilities of the judiciary is to apply the law to individual instances or resolving disputes. This is done by ‘determining the facts’ through evidence presented by the parties involved.
This involves determining which law is relevant to the situation, and applying it to the case. If a person is found guilty of violating the law, the court will then administer punishment.
In order to carry out these functions effectively, judges must adhere to the following principles: independence, integrity, propriety, equality, and competence. Without these guiding values, justice cannot be efficiently delivered and the rule of law cannot be observed.
The idea of a specialized agency to manage court and tribunal administration has been discussed a few times by Indian government committees and advisers. The envisioned roles of this agency included identifying process-related inefficiencies and advising the judiciary on legal reforms. However, the administrative efficiency objectives have always been secondary to concerns over judicial independence.
