Structure of the Judiciary System in India
⚖️ Structure of the Judiciary System in India
✅ 1. Introduction
India follows a single integrated judiciary system with a hierarchical structure, meaning all courts in India are part of one system. It operates under the Constitution of India, ensuring independence of the judiciary, rule of law, and protection of fundamental rights.
🔺 2. Hierarchy of Courts
The Indian judiciary is structured into three main levels:
A. Supreme Court of India – Apex Court (Article 124–147)
B. High Courts – State-Level Courts (Article 214–231)
C. Subordinate Courts – District and Lower Courts (Article 233–237)
🏛️ 3. Levels Explained
A. Supreme Court of India
Established: 1950, under Article 124
Location: New Delhi
Composition: Chief Justice of India (CJI) + up to 33 other judges
Jurisdiction:
Original Jurisdiction: Disputes between Centre and State(s) (Article 131)
Appellate Jurisdiction: Civil, criminal, and constitutional appeals (Article 132–136)
Advisory Jurisdiction: President can seek advice (Article 143)
Writ Jurisdiction: For enforcement of Fundamental Rights (Article 32)
Binding Nature: Decisions are binding on all courts in India (Article 141)
Important Case:
Kesavananda Bharati v. State of Kerala (1973)
Established the Basic Structure Doctrine
Held that Parliament cannot alter the basic structure of the Constitution
B. High Courts
One High Court per State, or for a group of States/Union Territories
Established Under: Article 214
Composition: Chief Justice + other judges appointed by the President
Jurisdiction:
Original Jurisdiction: For some civil and writ matters
Appellate Jurisdiction: Appeals from lower courts
Writ Jurisdiction: Under Article 226 (broader than SC’s Article 32)
Important Case:
L. Chandra Kumar v. Union of India (1997)
Held that writ jurisdiction of High Courts and Supreme Court is part of the basic structure
Tribunals cannot oust jurisdiction of constitutional courts
C. Subordinate Courts / District Judiciary
Established under Articles 233–237, and regulated by the State governments in consultation with the High Courts.
1. District Courts
Headed by District Judge
Original and appellate jurisdiction in civil and criminal cases
2. Sessions Courts
Hear serious criminal cases
Headed by a Sessions Judge
Can award capital punishment (subject to HC confirmation)
3. Civil Courts
Include Senior Civil Judge, Junior Civil Judge, Munsif Court, etc.
Deal with civil disputes like property, contracts, family matters
4. Magistrate Courts
Deal with criminal cases of less serious nature
Judicial Magistrate of First Class can give up to 3 years’ imprisonment
Below them are Second Class Magistrates
D. Other Courts and Tribunals
Family Courts: For matrimonial and custody issues
Consumer Courts: Under Consumer Protection Act
Labour Courts: For industrial disputes
Revenue Courts: For land and tenancy disputes
Tribunals: Such as NCLT, ITAT, CAT, etc.
Important Case:
Union of India v. Madras Bar Association (2021)
SC ruled that tribunals must maintain judicial independence
Appointment processes must ensure autonomy from executive influence
📌 4. Salient Features of the Indian Judiciary
Feature | Description |
---|---|
Integrated System | Unlike the U.S., India has no dual system of courts (i.e., no separate state and federal courts) |
Independence | Judges have security of tenure, fixed salaries, and are insulated from political interference |
Judicial Review | Courts can strike down laws violating the Constitution |
Writ Jurisdiction | Citizens can directly approach High Courts and SC for enforcement of rights |
Public Interest Litigation (PIL) | Allows the court to entertain matters for public welfare, even if the petitioner is not directly affected |
⚖️ 5. Judicial Appointments and Oversight
Supreme Court Judges:
Appointed by the President after consultation with the judiciary (Collegium system)
High Court Judges:
Appointed by the President in consultation with the Chief Justice of India, Governor of the State, and Chief Justice of the High Court
Relevant Case:
Supreme Court Advocates-on-Record Association v. Union of India (1993) – Second Judges Case
Established the Collegium System for judicial appointments
Emphasized the primacy of the judiciary in appointments
🚨 6. Challenges Facing Indian Judiciary
Backlog of cases (Over 4 crore cases pending)
Lack of infrastructure
Shortage of judges
Delay in appointments
Executive interference
Need for judicial reforms and digitization
🧾 7. Conclusion
The Indian Judiciary is a cornerstone of the Constitution, designed to be independent, impartial, and accessible. It acts as the guardian of the Constitution, protector of fundamental rights, and arbiter of disputes. Despite several challenges, it plays a pivotal role in upholding democracy and the rule of law.
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