Ever pondered the functioning of the Indian legal system? How does the biggest democracy in the world manage to maintain law and order?
The Supreme Court, High Courts, and District Courts are the three verticals that make up our legal system. District Courts are at the bottom of the hierarchy, with the Supreme Court at the top and 25 High Courts at the bottom. These courts will be described in full in the paragraphs that follow.
The Supreme Court: The Apex Court of India
At the top of the legal system, the Supreme Court of India has three different kinds of jurisdiction: advisory, appellate, and original.
- Original Jurisdiction:In matters involving disagreements between the Central Government and one or more States, or between distinct States, the Supreme Court has exclusive original jurisdiction. It also considers cases involving the protection of people's basic rights.
- Appellate Jurisdiction:Through a certificate issued by the High Court, this jurisdiction is exercised, permitting appeals in civil and criminal matters involving significant legal issues pertaining to the interpretation of the Constitution or any other statute. Special Leave Petitions, a residual authority used in situations containing important legal issues or egregious injustice, are another way to request the Supreme Court's appellate jurisdiction.
- Advisory Jurisdiction:Under Article 143 of the Constitution, the President of India may consult the Supreme Court on any legal issue or matter of public concern.
All Indian courts and tribunals are bound by the Supreme Court's rulings, which set precedents that subordinate courts must abide by. The Constitution's Articles 141 and 142 give the Supreme Court the authority to guarantee that justice is administered completely, with Article 142 giving the Court the authority to issue any order required to achieve full justice.
High Courts
Each of India's 25 High Courts has jurisdiction over a particular State, set of States, or Union Territory. Some High Courts have original jurisdiction, which enables them to try specific cases directly, while the majority mostly exercise writ and appellate authority.
- Jurisdiction and Powers: High Courts have the authority to grant writs to enforce basic rights, among other things. All lower courts within their authority must abide by their rulings. Additionally, high courts have the authority to monitor and regulate how lesser courts operate.
- Notable High Courts with Extended Jurisdiction: For instance, the Mumbai-based Bombay High Court has jurisdiction over the Union Territories of Dadra and Nagar Haveli, Daman, and Diu, as well as the States of Maharashtra and Goa.
District Courts
Under the direction of the State's High Courts, district courts function at the district level. They are the main courts for the majority of litigation in India and handle both civil and criminal issues.
- Civil and Criminal Jurisdiction: Criminal matters are handled by the Chief Judicial Magistrate's Court, and civil cases are handled by district courts. The High Court may hear appeals of these courts' rulings.
- Subordinate Courts: The Courts of Judicial Magistrates and Civil Judge's Courts, which have limited authority and handle lesser matters, are located beneath the District Courts.
Lower Courts
Lower courts, such Munsif's Courts and Small Causes Courts, function beneath the District Courts in certain states. These courts deal with small-scale civil claims and financial problems.
- Jurisdiction: These courts can hear cases involving lesser claims and usually have original jurisdiction. Civil courts in some states can handle matters worth any amount of money since they have unrestricted pecuniary jurisdiction.
Commercial Courts: Specialized Courts for Business Disputes
Established by the Commercial Courts Act of 2015, the Commercial Courts exclusively handle business disputes involving sums over Rs. 3, 00,000. The goal of these courts is to settle business-related matters more quickly.
- Jurisdiction and Process: In order to ensure speedy hearings and verdicts in intricate business cases, Commercial Courts adhere to a more stringent process than standard civil courts.
Tribunals: Specialized Forums for Expert Justice
In India, tribunals deal with certain legal fields, providing prompt justice and specialized knowledge in areas such as administrative conflicts, corporate law, and taxes. These organizations have more latitude in their processes and function outside of the conventional judicial system.
- Notable Courts: The Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal (ITAT), and National Company Law Tribunal (NCLT) are a few of the important tribunals. In order to relieve the load on ordinary courts and guarantee that disagreements are settled by subject-matter specialists, these tribunals were set up to handle specialty issues.
In addition to the aforementioned, alternative dispute resolution (ADR) methods such as Lok Adalats, conciliation, arbitration, and mediation offer several ways to settle disagreements short of official litigation.
- Lok Adalats: These voluntary forums, which are governed by the Legal Services Authorities Act of 1987, are where disagreements are resolved peacefully via negotiation and conciliation. Their rulings are enforceable and comparable to a civil court's judgment.
- Arbitration and Conciliation Act, 1996: This Act established a strong arbitration system in India and encouraged the settlement of business disputes out of court. It was modeled after the UNCITRAL model. In order to improve the efficiency of arbitration in India and streamline procedures, the Act has undergone many amendments, most notably in 2015 and 2019.
Conclusion
To sum up, in addition to thoroughly studying significant legal subjects, passing the Judiciary Mains Exam necessitates learning critical abilities including time management and response writing. You may increase your chances of success by adhering to a strict preparation plan and concentrating on important elements like judgment writing. You'll be well-prepared for the exam's problems if you use the appropriate books and tools and practice frequently. To do well in the Judiciary Mains Examination, maintain your attention, spend your time wisely, and continue honing your writing abilities.