8 November 2013


The Indian Judiciary


the Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system known as the Common Law System, in which customs, precedents and legislative are all components of the law. The Constitution of India is the supreme legal document of the country. There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the 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. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Supreme Court of India

On 28 January 1950, two days after India's constitution came into force, the Supreme Court of India was founded in Delhi. The Court moved into the present building in 1958.
The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV 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[2] 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 28 January 1950, and since then has delivered more than 24,000 reported judgments.

functions of the judiciary.

Dispute Resolution: The judicial system provides a mechanism for resolving
disputes between citizens, between citizens and the government, between two state
governments and between the centre and state governments.
 Judicial Review: As the final interpreter of the Constitution, the judiciary also has
the power to strike down particular laws passed by the Parliament if it believes that
these are a violation of the basic structure of the Constitution. This is called judicial
review.
 Upholding the Law and Enforcing Fundamental Rights: Every citizen of
India can approach the Supreme Court or the High Court if they believe that their
Fundamental Rights have been violated. 


The need for judicial system in our country 
 To enforce this rule of law, we have a judicial system that consists of the mechanism
of courts that a citizen can approach when a law is violated.
 As an organ of the State, the judiciary plays a crucial role in the functioning of India’s
democracy.