Indian judiciary system : Pillars of Justice


Posted On : October 11, 2023
Indian judiciary system : Pillars of Justice
Listen to this article

Table of Contents

Introduction

The Indian judiciary system stands as a beacon of hope and justice in the world's largest democracy. With a rich history and a robust framework, it plays a crucial role in upholding the rule of law and safeguarding the rights of its citizens. In this article, we will explore the structure, functions, challenges, and the significance of the Indian judiciary system.

Structure of the Indian Judiciary

The Indian judiciary system is a three-tiered structure, consisting of:

  1. Supreme Court of India

    The apex court of the country, the Supreme Court, is located in New Delhi. It consists of a Chief Justice and a variable number of other judges determined by the government. The Supreme Court has original, appellate, and advisory jurisdiction. Its primary function is to interpret and uphold the Constitution of India, and it also serves as the final court of appeal in civil and criminal cases.

  2. High Courts

    Each state in India has its own High Court, which serves as the highest judicial authority within the state. High Courts have original jurisdiction over cases within their territorial jurisdiction and appellate jurisdiction over lower courts within the state. High Courts are presided over by a Chief Justice and have multiple judges.

  3. District Courts and Subordinate Courts

    At the lowest tier of the judiciary system are the district and subordinate courts. They handle cases of civil, criminal, and family matters. Each district court is presided over by a District Judge, and subordinate courts are headed by judicial magistrates. These courts play a vital role in delivering justice at the grassroots level.

Functions of the Indian Judiciary

  • Interpretation of the Constitution

    The Indian judiciary has the power of judicial review, allowing it to interpret the Constitution and ensure that laws and actions of the government adhere to its provisions.

  • Protection of Fundamental Rights

    The judiciary safeguards the fundamental rights of citizens and provides a mechanism for individuals to seek redressal when these rights are violated.

  • Dispensation of Justice

    Courts at all levels are responsible for hearing cases and delivering judgments based on the laws of the land. This ensures that disputes are resolved fairly and impartially.

  • Guardian of the Rule of Law

    The judiciary acts as a guardian of the rule of law by ensuring that government actions and laws are in accordance with established legal principles.

  • Public Interest Litigation (PIL)

    The Indian judiciary has been proactive in entertaining PILs, which allow citizens to seek legal remedies for issues that affect the public interest. This has been instrumental in addressing various social and environmental concerns.

Challenges Facing the Indian Judiciary

While the Indian judiciary has made significant strides, it faces several challenges:

  • Backlog of Cases

    The backlog of cases in Indian courts remains a persistent problem. Delays in the disposal of cases can lead to a loss of faith in the judicial system.

  • Resource Constraints

    Indian courts often grapple with limited resources, including insufficient judges, court infrastructure, and support staff.

  • Access to Justice

    Accessibility to justice is not uniform across the country, with rural areas facing more significant challenges in accessing the legal system.

  • Judicial Activism vs. Restraint

    Striking the right balance between judicial activism and restraint is an ongoing debate in Indian jurisprudence.

  • Political Influence

    Concerns about political influence on the judiciary and the appointment of judges have periodically arisen.

Significance of the Indian Judiciary

The Indian judiciary is the guardian of individual rights and the custodian of the Constitution. Its significance in the country's democratic framework cannot be overstated. It acts as a check on the powers of the executive and the legislature, ensuring that they operate within the boundaries set by the Constitution. Moreover, the judiciary plays a pivotal role in protecting the rights and liberties of citizens, upholding the rule of law, and fostering a just and equitable society.

Conclusion

The Indian judiciary system is a cornerstone of the nation's democratic ethos. It plays a vital role in ensuring justice, protecting citizens' rights, and upholding the Constitution. While it faces numerous challenges, its commitment to the rule of law and justice remains unwavering. The judiciary continues to evolve and adapt to meet the changing needs of a dynamic and diverse society, cementing its position as a pillar of Indian democracy. To know more about the Indian Judiciary system, it is recommended to contact a lawyer near you. If you are searching on the internet for lawyers near you, just type on the search bar “Lawyers near me” to get best possible results.

FAQs

  1. What are the 4 types of court?

    In India, there are four court levels: the Supreme Court, High Courts, District Courts, and subordinate courts.

  2. What is the judiciary system?

    The judiciary constitutes the framework of courts responsible for resolving legal disputes and conflicts while interpreting, safeguarding, and applying the law in legal proceedings.

  3. Who is the father of the Indian judiciary?

    Dr. B.R. Ambedkar is often referred to as the "father of the Indian judiciary" for his significant contributions to the drafting of the Constitution of India.

  4. What are the two types of judiciaries in India?

    The Indian judiciary comprises two main types:
    1. Supreme Court of India: The highest court with authority over constitutional interpretation and national appeals.
    2. Subordinate Judiciary: Including High Courts (state-level) and district/subordinate courts, handling cases within states and districts, respectively.
Written By:
Vidhikarya

Vidhikarya


Recommended Free Legal Advices
question markWhat action can be taken on someone for saying indian judiciary is biased 4 Response(s)
Hi, No, it is not really like that. Our Courts are fair and impartial, they decide cases on the basis of the evidence presented before them. You cannot take legal action against your cousin. If you found this helpful, please rate them.
question markUS Crypto Platform Attempting Clawback from Indian Users After Bankruptcy 2 Response(s)
Dear Sir, In this regard Advocates may not do anything. You can send representations to the concerned departments and get justice accordingly.
question markUnwarranted arrears in our maintenance bills and with illegally hiked interest. 2 Response(s)
You should make correspondence with the Office bearers of the Society raising your concerns and objections through proper application etc. They are bound to resolve the dispute. Further you can approach Registrar of Cooperatives in your area with grievances and further make an appeal if still you are not satisfied or issue doesn't get finalized. All depends how the issue is handled and resolved at various steps. Warm regards.
question markRegarding juvinile justice 1 Response(s)
Dear Client, Section 19 of THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 deals with the powers of the Children's Court. As per sub-section (1)(ii) of section 19 of the Act, after the receipt of the preliminary assessment from the Juvenile Justice Board under section 15 of the Act, the Children's Court may decide that there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders following the provisions of section 18 of the Act Sec 24 of the Act deals with the removal of disqualification on the findings of an offense. As per Sub-Section (2) of Sec.24, the Board shall make an order directing the Police, or the Children's Court to its registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed, Provided that in case of a heinous offense where the child is found to be in conflict with law under clause (i) of sub-section (1) of section 19, the relevant records of conviction of such child shall be retained by the Children's Court. Given the above provision of the relevant Act, you may approach the Juvenile Justice Board or Children's Court through an Interlocutory Application(IA) praying for the deletion of records of conviction. In case your application deserves merit, the Court may allow your appeal and pass an order accordingly.
question markFailure in execution of Bailable Warrants BWs, inefficient judges & clerks 2 Response(s)
Hi client, If you are not satisfied with any particular order or judgement, you can challenge the same to the higher authority. Thanks and Regards Simi Paul