1. Overview of the Indian Judiciary
- The Indian judiciary is a single integrated judicial system established by the Constitution of India.
- It follows a three-tier structure: the Supreme Court, High Courts, and Subordinate Courts.
- The judiciary is independent and acts as the guardian of the Constitution.
2. Supreme Court of India
- The Supreme Court is the apex court and the highest judicial authority in India.
- It was established on January 28, 1950, under Article 124 of the Constitution.
- The Chief Justice of India (CJI) leads the Supreme Court, assisted by other judges (maximum strength: 34 judges, including the CJI).
- The Supreme Court has original, appellate, and advisory jurisdiction.
- It hears cases related to disputes between the Union and States, and fundamental rights under its original jurisdiction.
- Article 136 empowers the Supreme Court to grant special leave to appeal against any court order in India.
- Under Article 143, the President can seek the Supreme Court's advisory opinion on legal matters.
3. High Courts
- High Courts are the highest judicial authorities at the state level.
- Article 214 provides for a High Court in each state, though some states share a common High Court.
- There are currently 25 High Courts in India.
- Each High Court consists of a Chief Justice and other judges as appointed by the President.
- They have original jurisdiction in civil and criminal cases, especially concerning fundamental rights.
- High Courts also have appellate jurisdiction over lower courts and tribunals.
- Article 226 grants High Courts the power to issue writs for enforcing fundamental rights.
4. Subordinate Courts
- Subordinate Courts function under the direct control of High Courts.
- They are divided into civil and criminal courts based on jurisdiction.
- The District Court is the principal court of civil jurisdiction in a district.
- The Sessions Court handles criminal cases at the district level.
- Below the District and Sessions Courts are courts of Magistrates and Munsifs.
- Subordinate Courts ensure justice at the grassroots level.
5. Features of the Indian Judiciary
- The judiciary operates independently from the executive and legislature.
- Judges are appointed by the President and serve until retirement (age: 65 years for Supreme Court judges, 62 years for High Court judges).
- The judiciary ensures the protection of fundamental rights and resolves disputes.
- Article 141 states that the law declared by the Supreme Court is binding on all courts in India.
- The judiciary maintains a system of checks and balances through judicial review.
6. Importance of the Judiciary
- Acts as the custodian of the Constitution.
- Safeguards the rights of citizens.
- Ensures that laws passed by the legislature are in conformity with the Constitution.
- Acts as a mediator in disputes between the Union and States.
7. Challenges in the Judiciary
- Backlog of pending cases, with millions awaiting resolution.
- Delays in the appointment of judges.
- Increasing demand for judicial reforms to ensure timely justice.
Conclusion
The structure of the Indian judiciary ensures justice and protects the rule of law. Its independence and integrated hierarchy are key to upholding democracy and constitutional values.