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history of the world. It has altered as well as developed over the past few centuries to absorb inferences from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo‐Saxon character of judiciary which is basically drawn from the British Legal System because of the long period of British colonial influence during the British Raj. There is a single hierarchy of courts in India. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Each state drafts it own laws, however all the states have more or less the same laws. Laws directed by the central government and the Supreme Court of India via judicial precedent or general policy directives are binding on all citizens of each state. Each state has its own labor laws and taxation rates. THE PRIMARY ORIGINS OF LAW: ‐ ‐ ‐ ‐ The Indian Constitution customary law case law, and Statutes (legislation).
Among these, the statutes are operated by the Parliament, union territory legislatures and state legislatures. There are mainly two categories under which the Indian legal system operates, these include‐ Indian Civil Law and Criminal Law India is a land of diversified culture, local customs and various conventions which are not in opposition to the statue or ethics. People of different religions as well as traditions are regulated by all the different sets of personal laws in order to relate to family affairs. CLASSIFICATIONS OF INDIAN LEGAL SYSTEM: The judicial system or Indian legal system is a unique feature of the Indian Constitution. It is an integrated system of courts that administer both state and union laws. The Supreme Court of
and is . Besides. Consumer Protection Forum. The Supreme Court of India has its own advisory and appellate jurisdiction that extends to the enforcement of primary rights mentioned by the Indian Constitution and to any argument in between the Government of India and all the states of India. These Tribunals function under the supervisory jurisdiction of the High Court where they may be situated. Tax Tribunal. which at present is located only in the capital city of Delhi. Customs and Excise Control Tribunal.ʺ It is mainly a group of five respected people of a village and they are appointed by the local people to solve their problems. interim relief is also allowed in other cases where it is necessary. Each State has its own laws constituting Courts subordinate to the District Courts. While the Indian legal system is measured fair. matters of precedence and public interest are dealt with efficiently. Monopolistic and Restrictive Trade Practices Commission. the existing settlement law is proposed to be improved under the Arbitration and Conciliation Bill 1995 COURTS STRUCTURE: India has a quasi‐federal structure with 29 States further sub‐divided into about 601 administrative Districts. BASICS OF INDIAN LEGAL SYSTEM: The President of India appoints the Chief Justice and the other judges of the Supreme Court. The Judicial system however has a unified structure.India is the uppermost part in the Indian legal system. Each District has a District Court and each State a High Court. the High Courts and the lower Courts constitute a single Judiciary. people are encouraged to resolve their problems with help of one main legal system which is ʺPanchayats. Under this. a large backlog of different types of cases can be found and regular dissolutions can effect in the delay before the closing of a particular case. Besides these. Moreover. without any benches in any part of the nation. The Supreme Court. to encourage both the trade and industry in India. JUDICIARY SYSTEM IN INDIAN VILLAGES: In rural areas of India. The Supreme Court of India is the Apex Court. SUPREME COURT The Indian Judicial System has the Supreme Court of India at its helm. Securities Appellate Tribunal. The significant Tribunals are: Company Law Board. a number of judicial Tribunals have been set up in specialized areas. Though. each state or a group of states possesses High Courts. Board for Industrial and Financial Reconstruction. Broadly there is a three ‐ tier division. etc. There are several subordinate courts under these High Courts.
The President of India can always seek consultation and guidance including the opinion of the apex court and its judges. and can be approached in writs not only for violation of fundamental rights under the provisions of Article 32 of the Indian constitution. This court also has powers to punish anybody for its own contempt. the High Courts also have powers of the original Side beyond a certain financial limit. with the permission of the apex court. however in the three presidency towns (As the British had then termed) of Mumbai [Bombay]. when apparently there is no effective remedy available to a person in equity. and matters comprising of more than one state. and this apex court is not only the final court of permissible Appeal. which works under the direct guidance and supervision of the Supreme Court of India. depending on the importance attached of the matters before it. The apex court comprises only of various benches comprising of the Divisional benches of 2 and 3 judges. with the leave of the apex court. In fact. In the absence of any certificate from the High Court. against the orders of the Courts of the Court Martial. but also deals with interstate matters. by filing a Special Leave Petition before the court. as well as the work load of the court. The Supreme Court of India has many Benches for the litigation. a person may. The largest bench of the Supreme Court of India is called the Constitution Bench and comprises of 5 or 7 judges. and is the uppermost court in that state. Chennai [Madras] and Kolkata [Calcutta]. and is certified as such by the relevant High Court. but also for any other rights under Article 226 of the Constitution. and the Full benches of 3 or 5 judges. and under its powers to supervise over all its subordinate courts falling within the physical jurisdiction of the same under Article 227 of the Constitution. Though generally the High Courts are only the courts of Appeal. . as the matters on its original side. Certain writs are allowed to be instituted in the apex court directly. appeal to this court. it can always move the High Court in an appropriate writ. A person or body may also file a Writ against the violation of Fundamental Rights granted under the Constitution of India. and the Central Administrative Tribunals. The High Courts are also termed as the courts of equity. and the matters between the Union Government and any one or more states. only after the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation. The Appeals to this court are allowed from the High Court.presided by the Chief Justice of India. and generally the last court of regular appeals. HIGH COURTS Every State has a High Court.
He is the highest judicial authority below a High Court judge. either sit singly or in benches of two or more judges in benches for deciding more important matters. known by different names in different states DISTRICT JUDGES These courts are primarily Civil Courts to hear generally the appeals from the courts of original civil jurisdiction in the Districts and Tehsils (Talukas). For the purpose of disposal of its business. the Judges in the High Court. and arrange to implement them. Below him. However these courts have also been given original civil jurisdiction under many enactments. for effective remedy at the earliest. as prescribed by law. SUBORDINATE COURTS TO HIGH COURT Each state is divided into judicial districts presided over by a ʹDistrict and Sessions Judgeʹ.High Courts frame their own rules. He is known as a District Judge when he presides over a civil case. and a Sessions Judge when he presides over a criminal case. SESSIONS JUDGES These courts are primarily Criminal Courts. APPELLATE LABOUR COURTS These courts hear only the Appeals and revisions emanating from the judgments and orders of the subordinate original Labour Courts and . under the provisions of various Co‐Operative and related laws. Under certain provisions of Law. there are courts of civil jurisdiction. Many times the High Courts have concurrent jurisdiction along with its subordinate courts. APPELLATE CO‐OPERATIVE COURTS These courts hear only the Appeals and revisions emanating from the judgments and orders of the subordinate original Co‐Operative Courts and officers. All the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice. with jurisdiction to revise the orders from the subordinate magistrates as well as to try serious offences. the High Courts have the ordinary original civil jurisdiction.
INCOME TAX TRIBUNALS These courts though being primarily administrative in nature. however these courts have also been given powers of certain appeals against its subordinate small causes courts. The sessions courts are primarily Criminal Courts. . yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department.officers. CENTRAL EXCISE TRIBUNAL These courts though being primarily administrative in nature. under the provisions of various labour and related laws. ACCIDENT CLAIMS TRIBUNAL These tribunal try only the Claims of the victims of various road and rail accidents. CITY CIVIL & SESSIONS COURTS These Courts are only in the Presidency Towns of Mumbai. and are primarily Civil Courts of original jurisdiction of higher monetary valued suits. under the provisions of the Income Tax and other relevant laws. however there is generally at least one Motor Accident Claims Tribunals in every district. These courts have a completely different Court Fees structure compared to those of the regular civil courts of original jurisdiction. yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department. under the provisions of the Central Excise Act and other relevant laws. yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department. Though there are very few rail Accident tribunals. Chennai and Kolkata. with jurisdiction to revise the orders from the subordinate metropolitan magistrates as well as to try serious offences. under the provisions of the Sales Tax and other relevant laws of both the union government as well as various state governments. as prescribed by law. SALES TAX TRIBUNALS These courts though being primarily administrative in nature.
but where only a writ may lie before the High Court or only to the Supreme Court. and are completely separated from any other procedure or court. Judges are not appointed on political considerations. There are also other courts not subordinate to any of the High Courts. MILITARY AND OTHER SUBORDINATE COURTS These Courts also known for their procedure called Court Marshall.REVENUE TRIBUNALS AND OTHER SUBORDINATE REVENUE COURTS There are various revenue Tribunals and other subordinate revenue Appellate bodies in the administrative hierarchy of the Revenue Departments of various State Governments to hear the matters pertaining to the land revenue and other relevant laws of various states. navy and air force of the nation under various acts governing them individually. mainly as leading public enemies. and for expeditiously trying these matters. though still well within the four corners of the national constitution. are made in the administrative hierarchy o the army. THE JUDICIARY: The Indian judiciary has a reputation of being independent and non‐partisan. These tribunals work under special laws framed. and form an hierarchical pattern for the conduct of their business. as well as for their grievance redressal. ADMINSITRATIVE TRIBUNALS The Central Government as well as the State Governments have set up various administrative tribunals for the purpose of conducting various disciplinary actions against their senior and other employees. SPECIAL COURTS The governments from time to time also appoint certain Special Courts to try particular matters deemed to be very important for public life. which are mainly treated as very grave and heinous compared to the actual charges of sections framed against the persons tried. They enjoy a high standing in society. *** .
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