Judiciary System in India
The Indian legal system derives its authority from the Constitution of India and is deeply embedded in the Indian political system. The presence of judiciary substantiates the theory of separation of powers wherein the other two organs - legislature and executive, stand relatively apart from it.
Parliamentary democracy as envisaged in the Constitution of India works, at Union and State level. Especially in the making of law, there is direct participation of the legislature and the executive. It is the judiciary that safeguards the interest of citizens by not allowing the other organs to go beyond their role assigned in the Constitution. In brief, the Supreme Court of India is the logical and primary custodian of the Indian Constitution, while also being its interpreter and guardian. Parliament enjoys the authority to amend the Constitution; the Supreme Court has the authority to examine the validity of constitutional amendments. The Supreme Court ensures that the other branches of government perform their responsibilities in accordance with the Constitution.
Judiciary is the final authority in interpreting legal issues and constitutional arrangements. The nature of democracy and development of the state depends upon how the legal system conducts itself to sustain the overall socio-economic and political environment.
Structure & Hierarchy of Courts in India
The Constitution of India lays out the framework of the Indian judicial system. India has adopted a federal system of government which distributes the law enacting power between the Centre and the States. Yet the Constitution establishes a single integrated system of judiciary comprising of courts to administer both Central and State laws. The Supreme Court located in New Delhi is the apex court of India. It is followed by various High Courts at the state level which function for one or more number of states. The High Courts are followed by district and subordinate courts which are known as the lower courts in India. To supplement the functioning of the Courts, there exist specialised tribunals to adjudicate sector specific claims such as labour, consumer, service matter disputes.
Supreme Court of India
The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were at the apex of the Indian court system, under the colonial era. The Constitution of India as it stood in 1950 envisaged a Supreme Court with a Chief Justice and 7 Judges. The Parliament was granted the power to increase the number of judges in the coming years. At present, the total strength of the Supreme Court is 31 judges including the Chief Justice of India.
High Courts
India consists of 24 High Courts at the state and union territory level. Each High Court has jurisdiction over a state, a union territory or a group of states and union territories. Below, the High Courts exists a hierarchy of lower courts functioning as civil courts and criminal courts as well as the specialised tribunals. The Madras High Court in Chennai, Bombay High Court in Mumbai, Calcutta High Court in Kolkata and the Allahabad High Court in Allahabad are the first four High Courts in India.
District and Sub-ordinate Courts
The Courts that function below the High Courts are popularly known as the lower Courts. They consist of district and sub-ordinate courts. Each state is divided into judicial districts presided over by a 'District and Sessions Judge'. The judge is known as a 'District Judge' when she or he presides over a civil case and a 'Sessions Judge' when he presides over a criminal case.
The district judge is also called a 'Metropolitan Sessions Judge' when she or he is presiding over a district court in a city which is designated as a metropolitan area by the State government. District judges may be working with Additional District judges, depending upon the judicial workload. The district judge is the highest judicial authority below a High Court judge. The District Court also holds appellate jurisdiction and supervision over all sub-ordinate Courts below it.
On the Civil side, the sub-ordinate Courts below the District Court include (in ascending order) - Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Courts (also called sub-Courts). Sub-ordinate Courts on Criminal side (in ascending order) include - Second Class Judicial Magistrates Court, First Class Judicial Magistrate Court and Chief Judicial Magistrate Court.
Apart from the sub-ordinate Courts, Munsiff Courts also form a part of this hierarchy. They are the lowest in terms of handling matters of civil nature and function below the sub-ordinate Courts. Their pecuniary limits, meaning the Court's ability to hear matters up to a particular claim for money, are notified by respective State Governments.
Bench
A group of judges sitting together on a legal matter in the Court constitutes a bench. The lawyers constitute the members at the bar. A division bench comprises of two or three judges. A constitutional bench comprises of five or more judges and may even extend to thirteen judges.
Tribunals
Apart from these judicial bodies, Indian judiciary is also characterised by numerous semi-judicial bodies involved in dispute resolution. These bodies function as semi or quasi-judicial bodies because they may consist of administrative officers or judges without a legal background. Yet they function in their judicial capacity and hear relevant legal matters and settle claims between the parties.
Tribunals have been constituted under specific constitutional mandate enshrined in the Constitution of India or through legal enactments, e.g. a law passed by the legislature. Their creation aims at increasing efficiency in resolving disputes and reducing the burden on courts. Examples of some of these tribunals include: Central Administrative Tribunal (CAT) for resolving the grievances and disputes of central government employees, and State Administrative Tribunals (SAT) for state government employees; Telecom Dispute Settlement Appellate Tribunal (TDSAT) for resolving disputes in the telecom sector in India; and the National Green Tribunal (NGT) for disputes involving environmental issues.
Some of these tribunals function with regulators. Regulators are specialised government agencies that oversee the law and order compliance in the relevant government sectors. For example, one of the tribunals TDSAT functions alongside the regulator, TRAI (Telecom Regulatory Authority of India) in formulating laws and policy for resolving telecom disputes in India. Therefore these tribunals complement and supplement the role of courts in maintaining law and justice in the society.
The Civil Process and Functioning of Civil Courts
The Code of Civil Procedure (CPC) is a procedural law; it neither creates nor takes away any right. It is intended to regulate the procedure to be followed by civil courts. In other words, the CPC regulates the functioning of civil courts. Civil case is such that it is not criminal in nature. It is generally on property, business, personal domestic problems, divorces and such types where ones constitutional and personal rights are breached.
In brief, it lays down the: Procedure of filing a civil case; Powers of court to pass various orders; Court fees and stamps involved in filing of a case; Rights of the parties to a case (plaintiff & defendant); Jurisdiction and parameters of civil courts functioning; Specific rules for proceedings of a case; Right of Appeals, review or reference.
In fact, the first uniform Code of Civil Procedure was enacted in 1859. The present Code of Civil Procedure was enacted in 1908. The object of the Code is to consolidate and amend the laws relating to procedure of Civil Judicature. CPC is designed to further the ends of justice and is not a penal enactment for punishments and penalties.
The CPC can be divided into two parts:
- (a) the main body of the CPC containing 158 sections
- (b) the First Schedule, containing 51 Orders and Rules
The Sections deal with matters of a substantive nature laying down the general principles of jurisdiction, while the First Schedule relates to the procedure and the method, manner and mode in which the jurisdiction may be exercised. The body of the CPC containing sections is fundamental and cannot be amended except by the legislature. The First Schedule of the CPC, containing Orders and Rules, on the other hand, can be amended by High Courts. The CPC has no retrospective operation.