Judicial System in India

 Judicial System in India

The legislative, executive, and judicial branches of government make up India's three pillars of power.

 Judicial System in India


The legislative, executive, and judicial branches of government make up India's three pillars of power. A system of checks and balances is envisioned in the Indian Constitution. The judiciary is crucial in ensuring that the legislative branch and the executive branch stay within their constitutional authority limits and refrain from using their positions for arbitrary purposes. The Indian Constitution guarantees that the judiciary is free from the influence of the legislative and executive branches. 

History of Judicial System in India

The family court, which began with the family arbitrator, was the lowest court in ancient India, and the king was the judge at its highest position. The administration of justice was one of the sovereign's main responsibilities, and the King's ministers and counselors assisted him in this endeavor. The King's duties were transferred to the judges with a working knowledge of the Vedas as civilization developed. Dharma, a system of laws outlining the obligations each person has in life, served as the foundation on which justice was administered. The source of law was custom. Until the time of the Mughals, this system was in place.

The administration of justice was carried out by the Qazi's office during the Mughal era. Every large town and provincial capital had a Qazi. The parties were present during the trial, and the Qazis were under strict instructions to prepare their legal paperwork meticulously. The King served as the final appellate court. The British replaced this legal framework.

Functions of the Indian Judiciary

  1. Constitutional interpretation and protection: The judiciary is in charge of defending and upholding the Constitution and its principles. The judiciary interprets the Constitution and overturns any law, rules, or regulation that goes against or contravenes the Constitution. 
  2. Inter-state disputes: The Indian Constitution establishes a federal system of government. As a result, disagreements between the states, the Union, and the States are unavoidable. In resolving such disputes, the judiciary, in particular the Supreme Court, is crucial. 
  3. Protection of Fundamental Rights: According to Part III of the Constitution, everyone—including citizens, non-citizens, and legal as well as natural persons—is entitled to certain fundamental rights. The judicial system makes sure that these fundamental rights are upheld. The Constitutional courts are empowered to issue writs in the event that any legislative or executive action restricts these rights.
  4. Assistance in law-making: In numerous instances, the legislature adopts rules that the courts have established and adds them to the laws. In order to address the issues of modern society, the courts frequently recommend to the legislature that a new law be drafted or that an existing law be modified or amended. Additionally, the judiciary advises the President and clarifies any ambiguities regarding constitutional provisions.  

Hierarchy of courts in India

India's judicial system is structured in a hierarchical manner. In general, there are four levels of hierarchy:

  • The Supreme Court of India,
  • The high court of various states,
  • The subordinate courts,
  • Tribunals,
  • Nyay Panchayats, 
  • Lok Adalat. 

Supreme Court of India

The supreme court serves as the last court of appeal according to the Indian constitution. Thus, the Indian Chief Justice has 30 judges as well as additional judges for advisory jurisdiction. In order to restore justice, unresolved or ongoing cases are elevated to the Supreme Court. When the Supreme Court affirms a law, it becomes binding on all other courts of the country. 

Qualification to be appointed as Supreme court Judge

  • A judge who has served on at least one High Court for five years, or an advocate who has served on the High Court for ten years.
  • The President of India described him as a distinguished judge.

Mumbai high court is the oldest high court in India. Legal documentation and economic issues are handled by the high court. Additionally, these courts have a different group of legal experts. Eligibility for a high court judge is

  • He should be a citizen of India.
  • An advocate should have at least 10 years of practice in any court.

District Court of India

District courts, also known as Subordinate Courts, are regarded as inferior to the high court under the Indian Constitution. District courts are set up based on how many people live in each district and state. It handles the district's civil and criminal cases. All lower courts must abide by a law that the district court has declared. Since the district court is at a higher hierarchical level. Judges in district courts may be appointed if they are

  • A citizen of India and
  • An advocate with at least practice for 7 years.

Book A Free Counseling Session