Judiciary (class 11)

This article will provide you with relevant facts about Indian judiciary, what is the role of the judiciary, its structure, organisation, and functioning. 

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. For democracy to function effectively, it is imperative to have an impartial and independent judiciary.

Independent Indian Judiciary

• It means that the other branches of the government, namely, the executive and the legislature, does not interfere with the judiciary’s functioning.
• The judiciary’s decision is respected and not interfered with by the other organs.
• It also means that judges can perform their duties without fear or favour.

Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any accountability. It is accountable to the Constitution of the country.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants. The law then proceeds to decide what law is applicable to the case and applies it. If someone is found guilty of violating the law in the course of the trial, the court will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the Constitution. The conflicts of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court. Any law or executive order which violates any provision of the constitution is declared unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs the important task of settling disputes between the centre and states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head commissions that enquire into cases of errors or omissions on the part of public servants.

Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other than criminal cases. Criminal law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.

• Civil law is applied in disputes when one person sues another person or entity. Examples of civil cases include divorce, eviction, consumer problems, debt or bankruptcy, etc.
• Judges in civil courts and criminal courts have different powers. While a judge in a criminal court can punish the convicted person by sending him/her to jail, a judge in a civil court can make the guilty pay fines, etc.
• District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) are at the bottom of the judicial hierarchy in India.

• The court of the district judges is the highest civil court in a district.
• It has both administrative and judicial powers.
• The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and Sessions Judge.
• Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts.
• Most civil cases are filed in the Munsif’s court.

Civil courts have four types of jurisdiction:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate to a particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or review a case that has already been decided by a lower court. The Supreme Court and the High Courts have appellate jurisdiction to hear cases that were decided by a lower court.

Different types of disputes arise in a society. These disputes could be between state governments, between central government and state governments, between individuals in a society, or between individuals and institutions. To resolve these disputes as per the rule of law, a judiciary exists in a country.

Judiciary – Structure

In India, the judiciary has a 4-tier structure. At the lowest level of the judicial hierarchy are the Subordinate Courts. Above the Subordinate Courts are the District Courts. Above the District Courts are the High Courts. At the topmost level of the judicial hierarchy is the Supreme Court of India.

Subordinate Courts

• The Subordinate Courts consider cases of civil and criminal nature.

District Courts

• Serious criminal cases are decided by the District Courts.
• The disputes and cases which arise within a district are decided by the respective District Courts.
• Appeals against decisions given by lower courts are filed at the District Courts.

High Court

• High Courts have control and superintendence over the Subordinate Courts and District courts.
• The cases which come within the jurisdiction of the state will come under the High Courts.
• For restoration of the Fundamental Rights, High Courts can issue writs.
• The appeals from lower courts can be heard by the High Court.

Supreme Court of India

• The Supreme Court of India has the power to transfer cases of one High Court to another High Court.
• The Supreme Court of India has the power to transfer cases from High Courts to the Supreme Court.
• The Judges of High Courts can be transferred by the Supreme Court.
• The decision taken by the Supreme Court is binding on all the other courts.
• The Supreme Court of India has the powers to settle disputes between the states and the Union and can settle the disputes amongst the states.
• The Supreme Court of India has the powers to advise the President on matters of public importance and law.
• To protect the Fundamental Rights of the individuals, it can issue writs of Quo Warranto, Certiorari, Prohibition, Mandamus and Habeas Corpus.

What is the role of the judiciary?

The role of the judiciary is to ensure that democracy does not give way to group or individual dictatorship. The role of the judiciary is to ensure that all disputes are settled as per the rule of law. The main duty of the judiciary is to ensure supremacy of law and protect the rule of law.

Give a brief description of the Indian judiciary?

The Indian judiciary settles disputes as per the rule of law at any layer of society – individuals, organizations, state governments, and central government. The Indian judiciary is made up of courts at 4 different levels – the Supreme Court, High Court, District Court, and Subordinate Court.

Who is the head of the judiciary?

The Chief Justice of India is the head of the judiciary. The Chief Justice of India is the highest-level judge at the Supreme Court of India.

How many types of courts are there in the Indian judiciary?

The Indian judiciary is made up of courts at 4 different levels – the Supreme Court, the High Court, the District Court, and the Subordinate Court. The most powerful court in the judiciary is the Supreme Court of India. High courts deal with cases in their respective states and district courts deal with cases at the district level.

What is the state judiciary?

The state judiciary deals with the cases arising within a state. High Courts are the highest judiciary functioning in a state. There are 27 High Courts in India.