|
|
|
|
|
Indian judiciary is relatively independent and the legal system is based on English common law. The judicial system came into existence under the British, and its concepts and procedures resemble those of Anglo-Saxon countries.
Supreme Court
|
|
The Supreme Court is the apex court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Under district & session courts there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class.
The Supreme Court consists of a chief justice and 25 judges appointed by the president on the advice of the prime minister. The Supreme Court is located in 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 various 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.
The apex court comprises only of various benches comprising of the Divisional benches of 2 and 3 judges, and the Full benches of 3 or 5 judges.
High Court
High Courts work under the direct guidance and supervision of the Supreme Court of India, and are the uppermost court in the state, and generally the last court of regular appeals. Currently, 18 High Courts are in operation. Bombay High Court has the jurisdiction over Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu. Guwahati High Court, which was earlier known as Assam High Court, has the jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh. Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana and Chandigarh. The Chief Justice in the High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state. Each High Court has powers of superintendence over all courts within its jurisdiction. The jurisdiction as well as the laws administered by a High Court can be altered both by the Union and State Legislatures. Most High Courts have only appellate jurisdiction. However in the three presidency towns Mumbai, Chennai and Kolkata the High Courts also have powers of the original Side beyond a certain financial limit.
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. 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.
All the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice.
For the purpose of disposal of its business, the Judges in the High Court, either sit singly or in benches of two or more judges in benches for deciding more important matters.
To be completed……
|
|
|
|
|
|
|
|
|
