The Constitution of India came into effect on the 26th Of January, 1950, and is the source of law and also the supreme law of India. The court system where disputes are resolved, decisions are made by a bench of judges or magistrates, and the law is enforced is known as the Judiciary System. The Judges and the magistrates form the core of the Judiciary.
The Judiciary of India is stratified into many levels and resembles a pyramid with the Supreme Court at its apex.
- It is an integrated system and the decisions made by the higher courts are binding on the lower courts.
- It is also an appellate system. Every citizen of India has the right to appeal to a higher court if unhappy with the judgement of the lower court.
Here is a quick glance at the Judiciary of India in the descending order:
The Supreme Court was established on the 28th of January, 1950. Located in the capital of India, New Delhi, this court is the highest judicial body of India, and as per the Constitution, it is the highest court of appeal. The Supreme Court seats the Chief Justice of India along with 30 other judges for advisory jurisdiction. All the judges of the Supreme Court are elected by the President of India. Supreme Court deals with unresolved cases and cases in dispute. The order of the Supreme Court is the final word and it is binding on the courts of all the States and Union territories.
The High Court comes second in the line of hierarchy. As per the Constitution of India, every State should have a High Court. The High Court deals with civil as well as criminal cases. The Judges of the High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the State concerned. The Calcutta High Court, established in the year 1862, is the oldest High Court in India and has the jurisdiction over the state of West Bengal and Union Territory of Andaman and Nicobar Islands.
Judicial matters at the district level of a State are dealt with by the District Courts. They are the subordinate courts to the High Court as per the Constitution of India and thus are administratively and judicially controlled by the High Court. The District Courts have several secondary courts under them according to the population distribution of the State. It is headed by a judge.
The Judiciary System of India also includes the Lok Adalat. Based on the alternative dispute resolution, this court serves the purpose of resolving issues between two parties amicably by way of compromise. The Lok Adalat is organized by any of the following three:
- High Court Legal Services Committee
- District Legal Services Authority
- Taluk Legal Services Committee
The Judiciary System of India plays a very important role as the custodian of the Constitution of India by safeguarding the fundamental rights of the citizen of India.