Judiciary of India
Indian Judiciary is the continuation of the British Legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law. Constitution of India is the supreme authority of the country.
There are various levels of judiciary in India — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, with 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. It hears all prosecutions and civil disputes, including disputes between individuals and the government. Members of the Indian judiciary are independent of the executive and legislative branches of government.
History: Before the arrival of the Europeans in India, she was governed by laws based on The Arthashastra, dating from the 400 BC, and the Manusmriti from 100 AD. In fact there existed two codes of laws one the Hindu code of laws and the other Muslim code of laws. They were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism. The Judiciary,]the Executive, and the Legislature were the same person the King or the Ruler of the Land. But the villages had considerable independence, and had their own Panchayt system to resolve disputes among its members. Only a bigger feud merited a trans village council. This tradition in India continued beyond the Islamic conquest of India, and through to the Middle Ages. Islamic law "The Sharia" was applied only to the Muslims of the country. But this tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. The history of Modern Judicial System in India starts from there.
The Supreme Court: The
Supreme Court of India is the highest court of the land as established by Part
five, Chapter four of the Constitution of India. According to the Constitution
of India, the role of the Supreme Court is that of a federal court, guardian of
the Constitution and the highest court of appeal. Articles 124 to 147 of the
Constitution of India lay down the composition and jurisdiction of the Supreme
Court of India. Primarily, it is an appellate court which takes up appeals
against judgments of the High Courts of the states and territories. However, it
also takes writ petitions in cases of serious human rights violations or
any petition filed under Article 32 which is the right to constitutional
remedies or if a case involves a serious issue that needs immediate resolution.
The Supreme Court of India had its inaugural sitting on
Issues: Indian courts have large backlogs. For instance, the Delhi High Court has a backlog of 466 years according to its chief justice. This is despite the average processing time of four minutes and 55 seconds in the court. In Uttam Nakate case, it took two decades to solve a simple employment dispute. However it needs to be mentioned that the concept of backlogs doesn't describe the actual reason for some many cases lying in the courts. Rather the term "backlog" has been misused and the term "pendency" is the right word for describing the large number of cases pending in the courts today.
As could be understood, the largest number of cases that are actually pending in the Indian Courts are that of minor Motor Vehicle Cases, which evolves out of wrong parking, minor road accidents, not following traffic rules, etc. In these cases, the people involved are generally the drivers, who happen to carry 3-4 driving licences having different addresses. Thus, the actual address is never given to the police officer, due to which the accused couldn't be produced before the court for years at end and many times never.
Jurisdiction and Seat of High Courts of India.doc
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