indian judicial system

24th July,'10 BVIMSR/RKS/LL-BMS-002 1

INDIAN JUDICIAL SYSTEM


INTRODUCTION

3 Streams to form Indian legal system; Common law – IPC, CrPC, Evidence Act, etc Laws springing from Religions. Civil

Article 21 – guarantees Fundamental Rights (e.g. No person shall be deprived of his life or personal liberty except as per law)

Main sources of law – Constitution – Legislations/statutes – Customary law (not against statute, morality, etc) – Case law


INTRODUCTION

Distribution of legislative powers between Central & State legislatures ( Art 246); Union list Concurrent list State list

Single integrated system of courts to administer both union & state laws in their respective spheres;


INTRODUCTION Supreme court High courts District Judges’ courts Subordinate Judge’s courts Munsif’s courts Panchayats

Each state divided into Judicial districts – presided over by Distt & Sessions Judge .

Distt & Sessions court is the principal civil court of original jurisdiction & can try all offences including those punishable with death.


INTRODUCTION

Distt & Sessions Judge

Courts of civil jurisdiction(e.g. Munsifs, sub judges,Civil judges, etc)

Criminal judiciary(chief judicial magistrate,Judicial magistrates of I &II class


INTRODUCTION

Organization & composition of SC & HCs is given in the constitution.

Lower or subordinate civil judiciary – each state has to constitute as it deems fit subject to safeguards contained in the constitution.


Structure of Judiciary

Supreme Court; Art 124 provides for establishing SC. Art 129 : Make it a court of Record with power to

impose Fine &/or Punishment for contempt. Art 145 : empowers it with rule making power

regarding procedure for hearing of appeals, reviews, writ petitions, other applications & for grant of bails, etc

Art 137 : Power to review any judgment pronounced or order made by it subject to provisions of any law made by Parliament



It has original, appellate & advisory jurisdiction. It is the guarantor and Protector of the

fundamental Rights as it can neither refuse to entertain a petition under art 32 nor on the ground that it needs decision on disputed facts.

Power to transfer any civil/criminal case from one State HC to another state or any other subordinate court.

Power to withdraw cases pending before it and/or other HCs involving substantial question of law/public interest and dispose of all such cases .



President of India can refer any question of law to SC for its opinion.

High Court : May be common HC for 2 or more states. Highest court of Appeal & Revision in state. Power to issue orders or writs Appellate & Original jurisdiction ( I Tax ,ST, WCA,

etc). Power of superindence over all courts & tribunals

within its jurisdiction.



May deal with a case pending in subordinate court, if involves substantial question of law/ interpretation of constitution.

Courts subordinate to HC are bound by its decisions – otherwise insubordination.

Single judge of a HC is bound by division bench of that HC AND a division bench to that of a Full Bench.

Decision of a HC has only persuasive authority outside its territorial jurisdiction



Civil Procedure Code, 1908 : Procedure in civil courts as per code of civil

procedure ( CPC). CPC deals with various stages through which a

case is – Filed Issues are framed Trail is held

Civil Courts have discretion to grant costs.



Subordinate Civil Judiciary : Created thru state enactments. State is divided into Distts, which have Distt

Courts which is the Principal Appellate Court in that distt.

Under Distt Court are Lower Courts Control over Distt & Lower Courts is vested in the

HC. Distt Judge exercises admn control over all civil

court within its jurisdiction.



Civil courts don’t have jurisdiction over matters specifically excluded by various enactments e.g. IDA, WCA, MVA, etc

Courts of Small Causes : Courts with minor jurisdiction – designated as

SMALL CAUSE COURT. To provide cheap & quick justice in cases

involving small monetary value ( Delhi up to Ra1000/- & Mumbai Rs10000/-).



Established by each state under Provincial Small Cause Courts Act (XLII) of 1860.

SCC decisions are final – only HC have power of revision.

Under the administrative control of Distt Court & Superintendence of the HC.

Indian Penal Code 1860 : Substantive criminal law. Procedural law as per CrPC 1973.



Offences under IPC to be dealt with by Criminal courts.

No costs are awarded to the prosecution. Costs are borne by the State or the parties. While imposing fines, court may direct that part of

fine may be given to the injured party by way of compensation AND court may also order payment of reasonable expenses of any complainant or witness


Structure of Judiciary Subordinate Criminal Judiciary :

Courts of Sessions – Distt Court acts as Sessions Court, Criminal & Civil functions combined in the same hands. Only serious offences tried at sessions court e.g.

sedition, waging war against the state, dacoities, homicides, etc.

Can give sentence up to Death ( to be confirmed by HC)

Chief Judicial Magistrate ; for supervision & control over other magistrates in his area – can pass sentence up to 7 yrs.



Judicial Magistrates I & II class : JMC-I : can award imprisonment up to 3 yrs & fine up

to Rs 5000/-. JMC-II : Sentence up to 6 months & fine up to Rs200/- JMC-III : Imprisonment up to one month & fine up to

Rs 50/- Metropolitan Magistrates in the metropolitan

areas and one is designated as Chief Metro Magistrate. Number of addl CMM – they are equivalent to JM-I.

Special Magistrates : commonly known a honorary magistrates


Judiciary Systems/Processes Adjudication;

Trial in courts 3 players;

Advocate for plaintiff Advocate for defendant/respondent Judge

Judicial Process basics; Justice is administered as per law Independence & Impartiality of judiciary Case/dispute may be regarding;

Question of law Question of fact or A mixed question of law & fact


Judiciary Systems/Processes

Brief Process; Plaintiff/applicant presents the plaint Defendant states his case in a Written Statement Plaint & WS are known as ‘Pleadings’. Issues are framed out of ‘Pleadings’. Issues are decided on the basis of evidence led

by the parties Witnesses are examined & cross examined;

1st is examination in chief by the party who calls him Cross examination by the adverse party



Examination & Cross examination must relate to relevant facts.

Cross examination need not be confined to the facts to which the witness testified on his examination- in –chief.

Arguments are heard Judge delivers the judgment A decree passed on the judgment is drawn.



Administrative Tribunals; Certain matters can’t be efficiently & justly

decided by judicial process. E.g. Policy oriented decisions like minimum wages fixation

might depend on factors like social justice, etc. For such matters AT are constituted – they are known

as Governmental bodies pertaining to Executive & not to the Judicial Branch of state.

Characteristics of AT; Established under executive order



Perform judicial or quasi-judicial functions BUT are not courts

Not bound by technical rules of CPC & Evidence Act. Have powers of civil courts in certain respects & their

proceedings are Judicial Proceedings. Follow principles of natural justice. Normally decide matters arising out of programmes of

a welfare state.



Time to outlaw Antiquated Laws; Colonial legacy – have become irrelevant. 3000 laws of centre alone. At least 10000 Acts of parliament are in practice. Need to scrap outdated laws Economic reforms & liberalization have

necessitated far reaching changes in several laws

indian judicial system

Documents

chief judicial magistrate

subordinate civil judiciary

subordinate court

judicial magistrates

sessions judge

civil courts

distt

24th july