Judiciary is that branch of government which interprets the law,

settles disputes and administers justice.

Laws are like dead letters without courts to explain and

expound their meaning. Judiciary is the watchdog of democracy,
guardian of the constitution as well as the champion of liberty.

Bryce, while extolling the role of the judiciary, observed: “If the
lamp of justice goes out in darkness, how great is that
darkness”. An impartial and independent judiciary is the most
important condition of a civilized government. Bryce has stated
that the test of excellence of a good government is the
efficiency of its judicial system.
Emphasizing the need of impartial judiciary, Willoughby said; “It
has been truly said that no tyranny is so great as that of a
majority. One of the great problems confronting a people is that
of providing means by which this danger may be avoided.
Experience has shown that this can be done by entrusting to the
courts the duty of seeing that no branch of government nor all
the branches combined shall take any action contrary to law or
in violation of the rights guaranteed to individuals. The
judiciary, in order to be fair and uniform, is structurally,
hierarchically organized.
In India, the structure of the judiciary is like a pyramid.
The Supreme Court is at the apex, below it, there are High Courts,
the next step in the hierarchy are the district courts and at the
bottom of the judicial pyramid are the subordinate courts.
In the states, having the federal form of government, the
judicial structure is arranged in either one or two hierarchies
of courts. Where there is a single, integrated hierarchy, as in
India, the courts from top to bottom deal with the disputes
arising under the laws enacted by the Union Parliament as well
as by state legislatures.
On the other hand, where there are two hierarchies, as in the
USA, the state courts try cases arising out of state laws, while
the federal courts try cases arising out of federal laws.
Needless to say that a single judicial hierarchy secures unity
and integration of the judicial system and uniformity in its
administration.

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THE HIERCHICAL STRUCTURE OF INDIAN COURTS

SUPREME COURT OF INDIA

HIGH COURTS

SUBORDINATE OR LOWER
COURTS IN DISTRICTS

CIVIL CRIMINAL REVENUE

COURTS COURTS COURTS

DISTRICT DISTRICT BOARD OF

JUDGE JUDGE AND
DISTRICT AND REVENUE
SESSION
SUB JUDGE
COMMISSIONER
JUDGE
FAMILY COLLECTOR
CLASS I
MAGISTRATE
MUNSIF
CLASS II
TEHSILDAR
SMALL MAGISTRATE
CAUSE
COURT
ASSITANT
LOK CLASS III TEHSILDAR
ADALAT MAGISTRATE

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CVKCW
 Powers of the supreme court
1.ORIGINAL JURISDICTION:
Cases which come directly to the SUPREME COURT are under its original
jurisdiction and it settles disputes between Centre and State or Between
States, Disputes concerning the election of the president and vice-president
and the disputes arising out of the Implementation of Fundamental Rights.

2.APPELLATE JURISDICTION:

It hears appeals against some decisions of the High Courts, the cases
concerned to civil, criminal and Constitutional matters. The Certificate of
the High Court is necessary for appeals relating to civil, criminal and
Constitutional matters, Such certificates can be granted by the high courts
on their own or on the request of the parties, In some criminal cases, the
accused can directly appeal to the supreme court in case of death sentence
or Imprisonment of more than ten years.

3.JUDICIAL REVIEW:

The Supreme Court can review any judgment given by itself and also given
the power to withdraw the case if it feels an important question of law is
involved. The Power of Judicial review is to decide the Constitutionality of
the acts passed by the Legislatures.

4.GUARDIAN OF FUNDAMENTAL RIGHTS:

When fundamental rights of citizens are violated either by the government or

any individual, it protects the Fundamental rights of Citizens.

5.GUARDIAN OF THE CONSTITUTION:

If the government passes any law against the constitution, the supreme
court declares it unconstitutional.

6.ADVISORY JURISDICTION:

The Supreme Court gives legal advice to the president of India on matters of
constitutional or legal importance.

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 Powers of the high courts

The High Court Is The Highest Judicial Authority In A State. It Is A Court Of Record And Has
Power To Punish For Its Contempt By Itself. It Has The Following Jurisdiction And Powers-

(1) POWER TO ISSUE CERTAIN WRITS - Every High Court Has The Power To Issue
Writs Of HABEUS CORPUS, MANDAMUS, PROHIBITION, QUO-WARRANTO AND
CERTIORARI For The Enforcement Of Fundamental Rights Or For Other Purpose.

(2) POWER OF SUPERINTENDENCE - Every High Court Has Superintendence Over All
Courts And Tribunals Throughout The Territories In Relation To Which It Exercises
Jurisdiction.

(3) POWER TO TRANSER CASE - If The High Court Is Satisfied That A Case Pending In A
Court Subordinate To It Involves A Substantial Question Of Law As To The Interpretation Of
The Constitution, The Determination Of Which Is Necessary For The Disposal Of The Case,
It Shall Withdraw The Case And May-
(A) Either Dispose Of The Case Itself
(B) Determine The Said Question Of Law And Return The Case To The Court From Which
The Case Has Been So Withdrawn Together With A Copy Of Its Judgement On Such
Question, And The Said Court Shall On Receipt Thereof Proceed To Dispose Of The Case In
Conformity With Such Judgement.

(4) CONSULTATION IN THE APPOINTMENT AND POSTING ETC. OF DISTRICT

JUDGES - The High Court Is Consulted By The Governor In The Appointment, Posting And
Promotion Of District Judges. It Is Also Consulted In The Appointment Of Other Members
Of The State Judicial Service.

(5) CONTROL OVER SUBORDINATE COURTS - The Control Over District Court And
Courts Subordinate Thereto Including The Posting And Promotion Of And The Grant Of
Leave To Persons Belonging To The Judicial Service Of A State And Holding Any Post
Inferior To The Post Of District Judge Is Vested In The High Court.

(6) OTHER ORIGINAL AND APPELLATE POWERS - High Court Has Original And
Appellate Jurisdiction In Civil And Criminal Matters As Conferred By The Codes Of Civil And
Criminal Procedure And The Letters Of Patent.

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 Jurisdiction of LOWER COURTS
The District Court Or Additional District Court Exercises Jurisdiction
Both On Original Side And Appellate Side In Civil And Criminal Matters
Arising In The District. The Territorial And Pecuniary Jurisdiction In Civil
Matters Is Usually Set In Concerned State Enactments On The Subject
Of Civil Courts. On The Criminal Side, Jurisdiction Is Exclusively Derived
From The Criminal Procedure Code. As Per This Code The Maximum
Sentence A Sessions Judge Of District Court May Award To A Convict Is
Capital Punishment.

The District Court Has Appellate Jurisdiction Over All Subordinate

Courts Situated In The District On Both Civil And Criminal Matters.
Subordinate Courts.

On The Civil Side (In Ascending Order) are, Junior Civil Judge Court,
Principal Junior Civil Judge Court, Senior Civil Judge Court

Subordinate Courts, On The Criminal Side, In Ascending Order, Are

Second Class Judicial Magistrate Court, First Class Judicial Magistrate
Court, Chief Judicial Magistrate Court.

Certain Matters On Criminal Side Or Civil Side Cannot Be Tried By A

Lesser Court Than A District Court. This Gives The District Court
Original Jurisdiction In Such Matters.

Appeals From The District Courts Lie In The Hand Of High Court Of The
Concerned State.

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 FUNCTIONS OF THE JUDICIARY
The Excellence Of The Judiciary Is A Measure Of The Excellence Of The
Government. Judiciary Comprises All The Law Courts In The Country, Both
Superior And Subordinate.

The Following Are The Functions Performed By The Judiciary In A Modern

State.

1. Administration of Justice: The Primary Function Of The Judiciary Is

To Apply The Law To Specific Cases Or Disputes. When A Dispute Is Brought
Before The Courts It ‘Determines The Facts’ Involved. The Court Determines
Facts Through Evidence Given By The Contestants. The Court Proceeds To Decide
What Law Is Applicable To The Controversy Or Case In Question. By Applying the
Appropriate Law to the Dispute or Case, The Court Awards Judgement. If It Finds
A Person Or Party Guilty Of Violating Laws And Rules, It Has To Impose A Penalty

On The Guilty. Thus, Holding A Trial And Giving Judgement Is An Important

Aspect Of The Function Of The Judge.

2. Creation of Judge-made Law : There Are Many Cases Where The

Judges Find It Difficult To Select The Appropriate Law For Application. The Law
May Not Be Clear Or Two Laws Might Appear To Conflict Under A Given
Circumstance. Here 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.’ Under 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: In Federal States Like The USA, India,

Australia, The Highest Court 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

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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 Known As The Power Of ‘Judicial Review.’ Judicial Review Has The Merit Of

Guaranteeing The Fundamental Rights Of Individuals And Ensuring Balance

Between The Union And The Units In A Federal State. It Has The Disadvantages
Of The Judiciary Becoming A Super Legislature Acting Irresponsibly In Which
Case The Principle Of The Separation Of Powers Is Violated.

4. Protector of Fundamental Rights: The Judiciary Protects The Rights

Of People Against The Encroachment Of The Government Or Any Other
Association Or Individual. The Superior Courts Enforce The Fundamental Rights
Of The People Through The Appropriate Writs Judicial Order) In The Nature Of
Habeas Corpus, Mandamus, Certiorari, Quo-Warranto Etc.

5. Advisory Function: In Canada And India The Supreme Court, The

Highest Court Of Law, May Give The Advisory Opinion On Constitutional
Questions. Such Advice Is Given Even In The Absence Of An Actual Dispute When
The Chief Executive So Desires.

6. Supervisory Function: Higher Courts, In Most Cases, Are Assigned The

Task Of Supervising The Work Of The Lower Courts. The High Courts Supervise
The Work Of The Subordinate Courts In India.

7. Non-judicial or Administrative Functions: Courts Perform

Certain Other Miscellaneous Functions Of A Non-Judicial 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. In Some States, They Are Authorized To Confer

Citizenship On Aliens. Superior Courts Are Given The Power To Exercise Control
Over Their Officers And Servants.

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