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India Judicial

India Judicial

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Published by mithun7
India Judicial
India Judicial

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Published by: mithun7 on Nov 28, 2013
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Supreme Court of India

The Indian Judicial System has the Supreme Court of India at its helm, which at present is located only in the capital city of 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 many Benches for the litigation, and this apex court is not only the final court of permissible ppeal, but also deals with interstate matters, and matters comprising of more than one state, and the matters between the !nion "o#ernment and any one or more states, as the matters on its original side. The $resident of India can always see% consultation and guidance including the opinion of the apex court and its &udges. 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 ' or ( &udges, depending on the importance attached of the matters before it, as well as the wor% load of the court. The apex court comprises only of #arious benches comprising of the Di#isional benches of ) and * &udges, and the +ull benches of * or ' &udges. The ppeals to this court are allowed from the ,igh Court, only after the matter is deemed to be important enough on the point of law or on the sub&ect of the constitution of the nation, and is certified as such by the rele#ant ,igh Court. In the absence of any certificate from the ,igh Court, a person may, with the lea#e of the apex court, appeal to this court, by filing a Special -ea#e $etition before the court. person or body may also file a .rit against the #iolation of +undamental /ights granted under the Constitution of India, with the permission of the apex court. Certain writs are allowed to be instituted in the apex court directly, against the orders of the Courts of the Court 0artial, and the Central dministrati#e Tribunals.


The Judicial System

India, the largest representative democracy of the world, possesses a wellstructured & independent judiciary. The three-tiered system of Indian judiciary comprises of Supreme Court !ew "elhi# at its helm, high courts standing at the head of state judicial system followed $y district and sessions court in the judicial districts, into which the states are divided. The lower rung of the system then comprises of courts of civil munsifs, su$-judges civil judge# & criminal first & second class judicial magistrate# jurisdiction.

The Supreme Court The ape% court of the country enjoys original, appellate & advisory jurisdiction. The e%tensive original jurisdiction of the court ranges from matters li&e enforcement of fundamental rights enumerated in the constitution#, to disputes $etween the states as well as $etween the union & the states, the appellate jurisdiction of the ape% court can $e invo&ed through a certificate of leave of the high court or $y special leave granted $y the supreme court in respect of any judgement, order or decree from high court. 'rits mandamus, certiorari etc.# can $e filed $y any person against the violation of fundamental rights or against the orders of administrative tri$unals.

The (igh Court 'or&ing under the direct guidance & supervision of the Supreme Court, the (igh Courts are generally the last court of regular appeal. The (igh Courts of )um$ai, Chennai, *ol&ata & "elhi enjoy original jurisdiction $eyond a certain financial limit +or instance, ,s.-. la&hs & a$ove in case of "elhi#. /esides, for invo&ing writ jurisdiction, the (igh Courts can $e approached for enforcement of other rights. It has the power to supervise the su$ordinate courts falling within its territorial jurisdiction. In certain cases, (igh Courts also has original jurisdiction, for e%peditious remedy.

The Su$ordinate Courts This segment of the Indian judicial system comprises of a# "istrict Courts, empowered to hear appeals from courts of original civil jurisdiction $esides having original civil jurisdiction under many enactments $# Sessions Court, are courts of criminal jurisdiction, having the similar scope of powers. The courts of specific original jurisdiction are courts of Civil judges, of Judicial )agistrates0 Small Causes courts & Courts of )etropolitan )agistrates.

1uasi - Judicial System

This appendage to the Indian judicial system is a recent & sincere attempt on the part of the government to e%pedite the judicial process through dilution of procedural formalities & avoidance of litigation. Tri$unals form an indispensa$le part of this system, which are appointed $y the government and comprise of judges & e%perts on the particular field, for which the tri$unal has $een constituted. Industrial tri$unals, pertaining primarily to la$our disputes, may $e ta&en as an instance.

2lternative "ispute ,esolution The advent of 2lternative "ispute ,esolution system in India, which comprises of methods li&e 2r$itration, Conciliation & !egotiation, has simplified the concept & procedure of justice delivery system in India. In consonance of the 3!CIT,24 agreement, 5arliament came out with a central act 2r$itration & Conciliation 2ct, 6778# to consolidate the law relating to domestic ar$itration, international commercial ar$itration & enforcement of foreign ar$itral awards as also to define the law relating to conciliation & matters connected therewith. 2r$itration may $e defined as a private determination of controversial issues $y a third neutral party ar$itral tri$unal#, who is empowered to ma&e a $inding award. Conciliation refers to a voluntary process in which an impartial third party helps the parties in reaching a mutually satisfactory & agreed settlement of the dispute. !egotiation is carried on with the same o$jective in mind, with a voluntary negotiation on the part of the parties. The process of ar$itration may $e initiated $y a reference to the court of law of the matter in dispute, if there is specific ar$itration agreement to that effect or the parties straightway going in for ar$itration proceedings, on their own. The ar$itral tri$unal would comprise of mem$ers in odd num$ers, which are appointed $y the parties. 2ppointment of ar$itrator may $e challenged on grounds of partiality & dou$ts over his independence. The jurisdiction of the ar$itral tri$unal is conditioned $y the ar$itration agreement itself. The ar$itral award is $inding on the parties, unless recourse is ta&en for setting it aside. The statute also ela$orates upon the procedure of enforcement of foreign ar$itral awards & conditions in which they are $inding.

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