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Understanding the Judiciary: HISTORICAL DEVELOPMENT OF INDIAN JUDICIARY
Published at: Jul 27, 2024 at 02:10 PM
The judiciary is an important branch of a country’s government that is involved with the upholding of the principles of the rule of law as well as justice. What is the judiciary? Simply stated, the judiciary as part of government is the branch of government that decides on the meaning of laws, resolves controversy, and enforces justice. The judicial system in India has emerged as infrastructure that coexists with other infrastructures providing requisite for paring varied needs in the society. This article gives analysed information about Indian judiciary, its formation and evolution and major and minor courts in India.
The Indian Judicial System: This paper aims at providing an introduction.
The judicial system of India refers to an elaborate structure of institutions, agencies responsible for the delivery of justice in the country despite its size. It has the mandate to provide the meaning of Constitution laws and regulations, as well as, thete the discharge of justice. Due to the mentioned schema of the court, it will guarantee the categorization of the cases to the correct level, from the local level to the supreme judicial instance.
Hierarchy of Courts
The court system of India has a three-tier system at the national level and each tier has its unique and definite roles and responsibilities. Here’s a brief overview of the different types of courts in India:Here’s a brief overview of the different types of courts in India:
High Courts:
Supreme Court is the PU and the apex court, which operates in India, as a highest-ranking judicial branch in the Republic of India. It has jurisdiction in appeals concerning constitutional matters, interstate controversies, and any other matter of national concern. Speaking of the role of other branches of government, the Supreme Court also possesses the authority of judicial review which means that it has a right to determine the constitutionality of the laws adopted as well as the actions of the executive branch.
High Courts:
All the states or union territories have their own High Court which is the apex court of that particular state. Appellate jurisdiction is the preserve of High Courts which deals with appeal, constitutional issues and high profile cases touching on the state or the region. They also have managerial and coordinating authorities over subordinate courts.
District Courts:
These are the simple courts at the district level handling of civil and criminal matters. District Courts are the primary trial courts and the civil and criminal proceedings are separated. They cover all sorts of cases from the separation and divorce to property matters, to serious criminal cases.
Subordinate Courts:
Subordinate courts are sitting at the foundation of the judicial system common types of subordinate courts include magistrate courts, civil courts, and family courts. These courts deal with everyday matters such as simple criminal cases, civil actions and pite suits, and most cases involving the family.
Court Types in India
India’s judiciary is characterized by various court types, each serving specific functions within the legal system:India’s judiciary is characterized by various court types, each serving specific functions within the legal system:
Magistrate Courts: Plead and sentence defendants for minor criminal offenses, receive and investigate preliminary inquiries. Judicial Magistrates are of the judicial department while the Executive Magistrates are of the executive branch based on who they report to and what they do.
Civil Courts: Provide remedies for civil wrongs that relate to the use of land, business and individual relations. These courts deal with cases of civil rights and duties.
Family Courts: Concentrate on cases to do with the family issues for instance, divorce, children custody and maintenance.
Consumer Courts: Handle complaints concerning the consumers’ rights and their disagreements with the service providers.
The Indian Judicial System:
They are history and evolution in their ontological aspect as they reflect the process of the development of information processes in the historical development of science and technology.
As a result, the history of the Indian judicial system is exciting and diverse, which should be noted in relation to the legal traditions of the United States. In India, the element of judicial system can be dated back to early ages of the Indian civilization and development of its legal norms and systems. Before the arrival of the British in India, the judicial system in India was not well developed and did not have a fixed structure; however, during the British colonial rule in India, the Indian Judicial system adopted many legal principles of British law and hence it developed a structured, court system in India.