INDIAN JUDICIAL SYSTEM

The judiciary of India takes care of maintenance of law and order in the
country along with solving problems related to civil and criminal offences.
The Judiciary of India is an independent body and is separate from the
Executive and Legislative bodies of the Indian Government. The judicial
system of India is stratified into various levels. At the apex is the Supreme
Court, which is followed by High Courts at the state level, District Courts at
the district level and Lok Adalats at the Village and Panchayat Level. Many
times, courts are seen only as arbitrators in disputes between individuals or
private parties. Right from 1950 the judiciary has played an important role in
interpreting and in protecting the Constitution.
STRUCTURE OF THE JUDICIARY
The Constitution of India provides for a single integrated judicial system. This
means that unlike some other federal countries of the world, India does not
have separate State courts. The structure of the judiciary in India is
pyramidal with the Supreme Court at the top, High Courts below them and
district and subordinate courts at the lowest level The lower courts function
under the direct superintendence of the higher courts.

SUPREME COURT OF INDIA

The Indian Judicial System has the Supreme Court of India at its helm, which
at present is located only in the capital city of Delhi, without any benches in
any part of the nation, and is presided by the Chief Justice of India. The
Supreme Court of India has many Benches for the litigation, and this apex
court is not only the final court of permissible Appeal, but also deals with
interstate matters, and matters comprising of more than one state, and the
matters between the Union Government and any one or more states, as the
matters on its original side. The President of India can always seek
consultation and guidance including the opinion of the apex court and its
judges. This court also has powers to punish anybody for its own contempt.
The largest bench of the Supreme Court of India is called the Constitution
Bench and comprises of 5 or 7 judges, depending on the importance
attached of the matters before it, as well as the work load of the court.
HIGH COURT
The High Courts are also termed as the courts of equity, and can be
approached in writs not only for violation of fundamental rights under the

provisions of Article 32 of the Indian constitution, but also for any other
rights under Article 226 of the Constitution, and under its powers to
supervise over all its subordinate courts falling within the physical
jurisdiction of the same under Article 227 of the Constitution. In fact, when
apparently there is no effective remedy available to a person in equity, it can
always move the High Court in an appropriate writ. High Courts frame their
own rules, and arrange to implement them but under certain provisions of
Law, the High Courts have the ordinary original civil jurisdiction. Many times
the High Courts have concurrent jurisdiction along with its subordinate
courts, for effective remedy at the earliest.
DISTRICT COURT
The highest court in each district is that of the District and Sessions Judge.
This is the principal court of original civil jurisdiction besides High Court of
the State and which derives its jurisdiction in civil matters primarily from the
code of civil procedure. The district court is also a court of Sessions when it
exercises its jurisdiction on criminal matters under Code of Criminal
procedure. The district court is presided over by one District Judge appointed
by the state Government. In addition to the district judge there may be
number of Additional District Judges and Assistant District Judges depending
on the workload.
However, the district judge has supervisory control over Additional and
Assistant District Judges, including decisions on allocation of work among
them. The District and Sessions judge is often referred to as "district judge"
when he presides over civil matters and "sessions judge" when he presides
over criminal matters. The district judge is also called "Metropolitan session
judge" when he is presiding over a district court in a city which is designated
"Metropolitan area" by the state Government. Other courts subordinated to
district court in the Metropolitan area are also referred to with "metropolitan"
prefixed to the usual designation. An area is designated a metropolitan area
by the concerned state Government if population of the area exceeds one
million. Appointment of district judge and other Additional and Assistant
district judges is done by the state Government in consultation with the High
court of the state.
WHAT IS PIL OR SAL?
The chief instrument through which judicial activism has flourished in India is
Public Interest Litigation (PIL) or Social Action Litigation (SAL). What is PIL or
SAL? How and when did it emerge? In normal course of law, an individual can

approach the courts only if he/she has been personally aggrieved. That is to
say, a person whose rights have been violated, or who is involved in a
dispute, could move the court of law. This concept underwent a change
around 1979. In 1979, the Court set the trend when it decided to hear a case
where the case was filed not by the aggrieved persons but by others on their
behalf. As this case involved a consideration of an issue of public interest, it
and such other cases came to be known as public interest litigations. Around
the same time, the Supreme Court also took up the case about rights of
prisoners. This opened the gates for large number of cases where public
spirited citizens and voluntary organisations sought judicial intervention for
protection of existing rights, betterment of life conditions of the poor,
protection of the environment, and many other issues in the interest of the
public. PIL has become the most important vehicle of judicial activism.
WRIT AND WRIT PETITION
A Writ is a formal written order issued by a Court.A Writ Petition can be filed
in the High Court (Article 226) or the Supreme Court (Article 32) of India
when any of your fundamental right is violated.The jurisdiction with the High
Courts (Article 226) with regards to a writ petition is wider and extends to
constitutional rights too.
There are five types of writs: namely, quo warranto, habeas corpus,
mandamus, prohibition and certiorari.
TYPES OF WRITS
A writ of Habeas Corpus is used by the Courts to see if a person has been
illegally detained. If yes, the court can order for his release. If a person has
been illegally detained, he himself, a friend or even a relative can file a writ
of Habeas Corpus. Habeas Corpus means Let us have the body (let us see
the person who has been illegally detained).
A writ of Mandamus is issued by a Higher Court to a Lower Court, Tribunal or
a Public Authority to perform an Act which such a Lower Court etc. is bound
to perform. If a public official or a babu isnt performing his duty the Court
can order him to do that. Mandamus means We command; (we command
you to do this)
A writ of Prohibition, also known as a stay order is issued to a Lower Court
or a body to stop acting beyond its powers.
Through a writ of Certiorari is issued by the Supreme Court to a Lower Court
or any other body to transfer the matter to itself.

The writ of Quo Warranto is issued to prevent a person from acting in a

government office when he is not entitled
A writ can be filed only if your fundamental rights are been violated.
Generally, you can file a writ petition against state and government
agencies. However, a Writ Petition can also be issued against private
authorities when they were discharging public functions.
APPELLATE JURISDICTION
The Supreme Court is the highest court of appeal. A person can appeal to the
Supreme Court against the decisions of the High Court. However, High Court must
certify that the case is fit for appeal, that is to say that it involves a serious matter
of interpretation of law or Constitution. In addition, in criminal cases, if the lower
court has sentenced a person to death then an appeal can be made to the High
Court or Supreme Court.

INDIAN CONSTITUTION STRUCTURE & FEATURES

Different elements of constitution are described as follows:1. Preamble (1) - The Preamble to the Constitution of India is a brief introductory
statement that sets out the guiding purpose and principles of the document.
2. Parts (25) The individual Articles of the Constitution are grouped together into
the following Parts:
1. Part I Union and its Territory
2. Part II Citizenship.
3. Part III Fundamental Rights.
4. Part IV Directive Principles of State Policy.
5. Part IVA Fundamental Duties.
6. Part V The Union.
7. Part VI The States.
8. Part VII States in the B part of the First schedule (Repealed).
9. Part VIII The Union Territories
10.Part IX The Panchayats.
11.Part IXA The Municipalities. (Part IXB The Cooperative Societies -not
effective yet)

12.Part X The scheduled and Tribal Areas

13.Part XI Relations between the Union and the States.
14.Part XII Finance, Property, Contracts and Suits
15.Part XIII Trade and Commerce within the territory of India
16.Part XIV Services Under the Union, the States.
17.Part XIVA Tribunals.
18.Part XV Elections
19.Part XVI Special Provisions Relating to certain Classes.
20.Part XVII Languages
21.Part XVIII Emergency Provisions
22.Part XIX Miscellaneous
23.Part XX Amendment of the Constitution
24.Part XXI Temporary, Transitional and Special Provisions
25.Part XXII Short title, date of commencement, Authoritative text in Hindi and
Repeals
3. Article (1-450) - It is subcategory of different Parts in the constitution which
contains detail information of the subject or the Title which an Article represents.
4. Amendments (97) - Amendment of the Constitution of India is the process of
making changes to the nation's fundamental law. Changes to the Indian constitution
are made by the federal parliament. The procedure is laid out in Part XX, Article
368, of the Constitution.
5. Schedules (12) - Schedules are lists in the Constitution that categorize and
tabulate bureaucratic activity and policy of the Government.
6. Appendices (2) - They are extension to the constitution.
7. Fundamentals Rights (Part III- Article12-35) - The word fundamental
suggests that these rights are so important that the Constitution has separately
listed them and made special provisions for their protection. The Fundamental
Rights are so important that the Constitution itself ensures that they are not
violated by the government.

Fundamental Rights are different from other rights available to us. While ordinary
legal rights are protected and enforced by ordinary law, Fundamental Rights are
protected and guaranteed by the constitution of the country.
The Constitution of India recognizes certain basic fundamental rights for every
citizen of India, such as:(a) Right to Equality
(b)Right to Freedom
(c) Right to Freedom of Religion
(d) Right against Exploitation
(e) Cultural & Educational Rights
(f) Right to Constitutional Remedies
8. Fundamental Duties (Part IV Article 51A )- These Fundamental rights have
been provided at the cost of some fundamental duties. These are considered as the
duties that must be and should be performed by every citizen of India. These
fundamental
duties
are
defined
as:
It shall be the duty of every citizens of India: a. To abide by the Constitution.
b. To uphold & protect the sovereignty, unity and integrity of India.
c. To Cherish & follow the noble ideas which inspired our national struggle for
freedom
d. To defend the country & render national service when called upon to do so.
e. To promote harmony & the spirit of common brotherhood.
f.

To value & preserve the rich heritage of our composite culture.

g. To protect & improve the national environment.

h. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
i.

To safeguard public property & to abjure violence.

To strive towards excellence in all spheres of individual & collective activity, so that
the nations constantly rises to higher levels of endeavor & achievement
9. Directive Principles (Part IV- Article36-51)- It provides the social and
economic base of a genuine democracy. The classification of these are as follows-

1. Socio-economic Principles
2. Liberal Principles
3. Gandhian Principles
4. International principles
Socio-economic Principles
1. Article 38 of the Constitution of India shall endeavor to formulate such social
system which will secure social, economic and political justice to all in all the
spheres of life.
2. Article 39(a) the state shall try to formulate its policy in such a manner so as to
secure adequate means of livelihood for all its citizens.
3. Article 39(b) the ownership of material resources would be controlled in such a
manner so as to sub serve the common good.
4. Article 39(c) the economy of the state will be administered in such a manner so
that wealth may not yet be concentrated in a few hands and the means of
production may not be used against the public interest.
5. Article 41 of the Indian Constitution, the State will work within the limits of its
economic viability and progress, provide to the citizens the right to work, the right
to education and general assistance in the event of unemployment, old age, disease
and other disabilities.
6. Article 42 of the Indian Constitution, the state will make provisions for the
creation of just and humane conditions of work. It will also ensure maternity relief.
7. Article 43 of the Indian Constitution, the state will ensure adequate wages, good
life and rest to the laborers. The state will also endeavor to make available to the
laborers various sociocultural facilities.

2. Liberal Principles
1. Article 44 of the Indian Constitution, the State shall endeavor to formulate
and implement a Uniform civil-code for all the people living throughout the
territory of India.
2. Article 45 of the Indian Constitution, the State shall endeavor to provide early
childhood care and education for all the children until they complete the age
of six years.

3. Article 47 of the Indian Constitution, the State shall strive to raise the level of
nutrition and the standard of living. Thus, it will endeavor to improve upon
the health of the people.
4. Article 48 of the Indian Constitution, the State shall strive to organize
agriculture and husbandry on modern and scientific lines. It will also try to
maintain and improve upon the breed of the animals.
5. Article 50 of the Indian Constitution the state will try to separate the judiciary
from the executive in the case of public service.
3. Gandhian Principles
1. Article 40, State will strive to organize Panchayats in villages and will endow
them with such powers which enable them to act as units of self government.
2. Article 43, the state shall strive to develop the cottage industry in the rural
areas both, on individual or cooperative basis.
3. Article 47,the state will strive to ban the consumption of wine, other
intoxicating drinks and all such commodities which are considered injurious to
health.
4. Article 48 reveals that State will ban slaughtering of cows, calves and other
milk cattle.
4. International principles
1. Article 51(a)- The State will strive to promote international peace and
security.
2. Article 51(b)- The State will strive to maintain just and honorable relations
among various states in the world.
3. Article 51(c)- The State will endeavor to promote respect for International
treaties, agreements, and law.
4. Article 51(f )- The State will strive to settle international disputes by
arbitration.