JUDICIARY- NOTES

Jhe SupAuma coutodia s dha Logia and nimany

CAubdidn Hhs dndian Conuhihuhn,whilh aluo Juings
intepnila and guardiaun. Parkamut enjys Ha _aukhony
CAMund u conuhhuicn kha supumi counthas thua u h n t
_enamin validiky Cwihuhimas amndmuls 1ha
AupnumL Cow_enktu hat he othn branchs d, gtrmul
Rnlermthtin uponsibiuhu uin oscordanu wik +ka conui
huhon

Judiciany dhu inal auhorihy nintramuhra Jaal

A and csihuional anngamuns. Ika natuns e
danovhacy Qd duedopnmunt 4 t dah depueh pon how
ho
dagal syum ceudueu inhel h austaun ta atnali
Aocio-eono mi cand pelihical envHonmunt.

Judicianyin Sndia Joday uà an umlnsian e

Biht ga Suitum. h Suphume_csunt ia theaps bosy.
otdouel by 24 Higd Coua hich in unn apuauise ahdl
AaN umuhow Disniak Counhdskels 129 4 candhuion
ndia maku ths Supknm counb a aLt es

ond ceuns all tpath o uch a tount uineluding tku

powth tpunika tar il ceukmpt aslla q á

pMwiduMat thslau duelanud by SuenecaLuri d

Lindina_a all ceuh: st_play an impoxtant mla k4
lintniigandnaping d lau and aotudicairg
stets au
vauo otfkus panhie JE u ha unchiou d Hu cau to
wphald u nukoflauin he culny and to
 and pelihical igAlu-_*alo a u d 4 ,
aal.
Auand ivil
ins d app
inkyuutiny
wenda a
consihuionby
uphtmay e
thuechoniny
i phovisios and imiing all
conaihwhonaXnamLw
h e wi Ain +Aa

Sndnaion li-euni o statu 1ugally neur

0uganal sAisdichion d th upnaa CAu 4 _ n d
ihoia, mamle t
nvis agudwn thaCeMsihuhion 4
alecickentronensiesdthn HutMAhuLsak skat
Ras_wll au Jrhn the the 3talu
Union on.d
Statu
tdunalgaNnmnt js luaislativeonnt
thanashnut alunu ukich u thuallocahiu
audthi Stclu.
pcAAnlxtunun cautA

H allwithinthu alloedi lgiskakiv_domaino tu

tnacting Jaialuhuk nd tRi Juehom uuall J
Jo eadiciony
Snthiu connschionths supu coust mdia on invokd
heooding pminciplu d inkutation oae viz
doduna pi Suhstancadodnina o Aethabll
anddodnis calouzab bJgiaaiout ek .
Doindpihand Aubsaunca ie tha uu olitct q
Jugislahiom or atai ulatu to amathn wiM
Comguke d hgisa.hwawhich easud ut n
antas s whanaciA a ks lLgulation
stkoeugauhel to h naackmunk a aa wholl-
whol
to odjeet d to ta to pa aund ett
AMASious.
Dacauw osAMHakluks_8Cpanaiashyeu nanl Me
 Date:

aAtale rlau Mom othM Aalau conuhhuh cad

ha violadung pot Lany hovrision o a stalus -
duelamd ncewhhukicmol and voidto entunt s u
wncona iseny but u amaindun rumaln noraklu
and vald.
Aoclnins d colouhabla ugiulatia fhent haslabuA o
make lauM hat thy oould othouoiumot a
Lali giwen he censhhuionol Csr.unh Ih wbol
olectina g elounakle legislaiom d bazed upcn he
mami m aat 0A Cannst doindikuctyhal you
Aawnot do dluru

e phaase basic sbuciuns uaA tnoducedor s

Qiat Jima n he aolahnath case but k w_ay in
913hat thiu phhaae uu e d by t SC andi

Ma and includu hou ahens_H Cemsihuticn which

Jay at ce unuining much moe thoun thi uLua
pP1ocadunedh choug m hild n dha hitorie
Kuvanada A hasa_coue eat auy amuclunta which
aims oalnogatina te basicucunt o He ceushhuton
woud h wnueuituhowal.HuncA eAN4_Nkopoed amud
munt uhjet t udici alscuÁny aimd
aiud

ou abwaabing H hauicAmucluns o4 tha Cedhihatias

Cemahhunt emuna haJsasic duehuru nclude the

Au a o ha unuliicunand dtmacralue
Cotiuhon,

orm gxthumn 4tcula thanacls ha cenutihuieu

Aepahakin pau liluua t u ugiulalinaemeukive
and ta judiáanyL aud paimaly H edsral chanacla
thCnshihu.hoa
 papergrid

Judiciay ako Kau e

pom udicial no
umplkWak wry pilcu g
-eu is ubject lugulao byha 5c
Ptouisionsemiut
to
judiialsouing
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Hhrmyh udiial pono uncsmunk
deun
Jha Sc ndia has ta paeh Joiuka
RL kgidlation aimid atanLndinq th 9ndion Cmabaho
Dgounds: Einstlyil ha paocadurn pmcaud und
daHcle 368 i met Jelloues ond settnd if thu omuki
cts t Leuh! to idal ons OT_mo losle erlna 4 t
Levkutution

ha SC hau comcwunt jsisdiction uwith HCto

dinehons ordus and wnt por enoxcanmnl d tmdarre
atalet (datik 32). 1hu wib mak hs sc ea
pMostir and qaurounter d udamntul righlt
Jha Sc has aso aMud addihonal duliuandn a
CMcpEcallel Auldic inli ihgahan (n)wndun whih
aw unen canJing auny_matth oqenuhal ipodane a
gonina_pulkicr Losiounahon d Supkum cawnt
inds that A enulit hasdrn failn
duadschana duh ta, ik pauu fh HLaixd
ditchous Jb theCAnuauthonb e inAortnnmu

ApudnCihaiohal moles mdun Aids 1320)4

He Cendhhuhon d9hdia ah agpualAhall li do thi
AuAL Counk e ndia om an
Mad orduda H C hku in
Áudqmunt LOA
cAvi imi na orofhh
 papergridd
Date 1

phOcaRdunA ha Hc ulitu unden Aticlk 134:A hal

H AOAe Nvolved a subst antias Aush m lauw
tohaintput.akiou dHhn Lonshhutiom.
APALal n civil as uAnhiclw 133 pmovidus has
Aa hald lie do ha S hom om udamul,dL
ina aden in a Al pmouudinq
aHCmly HC
kunliwndun aiuck 134:A- (a) hat case unyal A
Aubst aal tioma as quuwal impBma, nd
e hal in th oplnion d thaHC Hhu oid apush
mu to h duwidid by th .

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ppea skall liu do ts Scaom oy udanl_hnal
ordts SecMa un Cuminal pM0od nj4aH
o4peal can heo was o Hhout a wlhoalh
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ithoua aiicah oHC omd i h a ica4HC.
n appa uwihcul
on apRAal dd an_ordn d aAital d d an
AttustdRnson ad seunud him b diathiD Aas
oithdraurm pm rical le a cone0m a
Lounk Suberdinal o uh atoaihg oud has i e
Juial_Cewictd atcustd pimonand entind him to

Jh SC ndia allo hae aduis unisdichan. deik 13

hAda AA a t o im at appLand a thsRersiolut that
e)a Auhen d law 0 c hau nisen oar likul ta aedk
aund b heAuwahi on d Auca a malwuCund oAek
utic imptance thak ik eMpudient to otaih
 papergrid
Date:

t uusiu
Sc. it. hs_mo h
u opinion 4 upan
Ha u
othu cowttund
th odison opisan it kinhs
Nt

May aln uch hana

as

MLaidunt opiion hunuan pid doun

(19SP)_ Hha ScJad
nL Kurala Educakon Bill cam clauu l) a
has wndn
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wuhon subnaitkd to it 6)at i r
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deA Mat eatiatan aM Anioa douht
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ako out 4 thum
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ra l97), As hdd hat adrisoy unisdichon
a blhding n all coundh uin ths lurito0 9ndia 4
alo Autd ha thu SC i unden duty uwdu arhh 143
o gie i k ogniso opim m q u s h ou to t a no
Va ano apolihcal nouhuru

9mpantialihy ukns Jo a stada e mind and attihacla

aa Cunk or Irilunal un ulahion lo ths Auu Gnd th
panhu un pahulaa uaM. whil
indsptudunce suluu
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panhudanly to th
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Comdibas g0aulul.

e SL discers hak thne as sO ocs r

nduncear u Aalujied hak &ome
donme mistouks
mlstouke c
 Date:

eHrlo0K
ehrlook
Alace n u k wiuA dasiou h4nin
dona ohen a 2tNieo_ruitiom 4had. Normally Ni
donedon huoAi9 gu hunth han ouly ha orqnia
dueidud e cone n a niuw Ruhih on Cn wnr Abí tou
natu n can be uwitd:

he Cemahtution_d ndia Aas mot_pamidadr a

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SC

lamd uwndun ach HC huna emi a a A y m

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the indepz
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ans por udgu qScand
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Juiinumn
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nd 9ndia
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5) Hapows to puni ik 4u t
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Housh_mst e apintmeuh Jo the SC ha
modi eom Aittinaudgs iJwhu 4 H

laatnnn Sndia has nihahd vasiouwu mas wuu fo

intbedute_ulmsin K udiiany has suaposd to nac
w auJhsndass- stoudands and Accanfability Act"
hich uka to intnoduea hLaln acctabil in qudiians
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 HIERARCHY OF INDIAN LEGAL SYSTEM

Metropolitan Level
Civil Side: City Civil Court and Courts of small
causes.
Criminal side: Sessions Court, Metropolitan and
Magistrate's court

District Level
Civil side: District Court, Civil judge [Senior division
and junior division]
Criminal side: Sessions court and judicial
magistrate.
The Supreme High Courts
Court of India Tribunals
1. CentralAdministrative Tribunal
2. Income Tax
3. Motor Accident Claims
4. Co-operatives
5. Rent Control
6. National Green Tribunal

Industrial Court (Both City and

District Level)Labour Court

Family Court
 High Courts in India civil as well as
head of the Judiciary in a State. It lenjoys
at the
The High Court stands jurisdiction. The
and general as well as special
criminal, ordinary as
well as extraordinary Indian High
old as it dates back to
1862 when under the
institution of the High Court is fairly
at Calcutta, Bombay and Madras.|In course
Courts were established
Court Act, 1861, High
have also been established.
of time, other High Courts
matrimonial and
Jurisdiction in
respect of testamentary,
The High Courts enjoy an Original is conferred on the High
Court under various
matters. Original Jurisdiction
guardianship to issue
Courts also enjoy extraordinary jurisdiction under Article 226
statutes. The High
subordinate courts under it.
writs. Each High Court has supervisory power over
various as well
of record enjoys the power to punish for its contempt
Each High Court, beinga court
as of its subordinate courts

CONSTITUTION OF INDIA: HIGH COURTS

States.-There shall be a High Court for each State.

Article 214: High Courts for
Article 215. High Courts to be courts of record.
be a court of record and shall
have all the powers of such a court
Every High Court shall
itself.
includingthe power to punish for contempt of
States.
common High Court for two or more
Article 231. Establishment of a
of this Chapter,
anything contained in the preceding provisions
(1) Not with standing
more States and a
common High Court for two or
Parliament may by law establish a

Union territory.
(2) In relation to any such High Court,
State shall be construed as a
(a) Thereference in article 217 to the Governor of the
to the Governors of all the States in relation to
which the High Court
reference
exercises jurisdiction;

(b) The reference in article 227 to the Governor shall, in relation to any rules,
to the
forms or tables for subordinate courts, be construed as a reference
Governor of the State in which the Subordinate Courts are situate; and

(C) The reference in articles 219 and 229 to the State shall be construed as a
reference to the State in which the High Court has its principal seat:

Provided that if such principal seat is in a Union territory, the references in articles 210
and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund
of the State shall be construed respectively as references to the President, Union Public
Service Commission, Parliament and Consolidated Fund of India.
 Arunachal Pradesh and
except Mizoram,
There is a High Court for each of the States, and
Guwahati as their common High Court;
Nagaland which have the High Court of Assam at
and Goa which is
Haryana, which has a common HighCourt (at Chandigarh) with Punjab;
2013 has constituted three
under Bombay High Court. The Government as on 26 January
the total
new High Courts in the Northeast Meghalaya, Manipur and Tripura taking
-

number of High Courts in the country from 21 to 24.J

(The Supreme Court has appellate jurisdiction over the High Courts and is the highest court
of the land.The index below shows the location of various high courts in India.
 Subordinate Courts in India

at the level of districts and

lower levels, have almost similar
The subordinate courts, cases
variation. They deal with civil and criminal
structure all over the country with slight
of
in accordance with their respective jurisdictions.
At the lowest stage, the two branches

judicial system, civil and criminal, are bifurcated

over claims from
The Munsiff's Courts which are the lowest civil courts have jurisdiction
Above the Munsiffs
Rs. 1,000 upto Rs. 5,000 (in case of some specially empowered cases).
are Subordinate Judges. The District Judge hears first appeals
from the decisions of
to a
Subordinate Judges and also from the Munsiffs (unless they are transferred
Subordinate Judge) and he possesses unlimited original jurisdiction, both civil and
criminal. Suits of a small value are tried by the Provincial Small Causes Courts.

The District Judge is the highest judicial authority (civil and criminal) in the district since
the enactment of the Code of Criminal Procedure, 1973 (CrPC). The criminal trials are
conducted exclusively by Judicial Magistrates, except in Jammu & Kashmir and Nagaland,
to which the Cr PC does not apply. The Chief Judicial Magistrate is the head of the criminal
courts in a district. In metropolitan areas, there are Metropolitan Magistrates.

.3 Appointment, Retirement and Removal of Judges of High Courts

Articles 124 and 217 of the Constitution of India deal with the appointment of Supreme
Court and High Court Judges respectively.JPlease see the discussion in Chapter ll on this
topic.
Appeals can be made from the District Court to the High Court.
 Court Judges
Retirement and Removal ofSubordinate
1.4 Appointment, The
District and Sessions Judge.
in each district is headed by a
Jhe subordinate judiciary and Civil
Additional District Judge,
civil side are District Judge,
USual designations on the Additional
the widely known designations are Sessions Judge,
Judge. On the criminal side, Judicial Magistrate etc.
The Governor in
Sessions Judge, Chief
Judicial Magistrate,
State appoints the district judges. A
consultation with the High Court of that particular seven years
Service should have at least
who is not already in Government
person
District Judge (Article 233)/
become eligible for the position of a
experience at the bar to
District Judges to the judicial service of a
State shall be
Appointment of persons other than Public
made there under. Besides the State
made by the Governor in accordance with rules
consulted in the matter of such appointments
Service Commission, the High Court has to be
(Article 234).

1.5 The civil process and functioning ofcivil courts

The Code of Civil Procedure (CPC) is a procedural law; it neither creates nor takes away any

It is intended to regulate the procedure to be followed by civil courts. In other

right.
words, the CPC regulates the functioning of civil courts. Civil case is such that it is not
criminal in nature. It is generally on property, business, personal domestic problems,
divorces and such types where ones constitutional and personal rights are breached.
In brief, it lays down the: Procedure of filing a civil case; Powers of court to pass various
orders; Court fees and stamps involved in filing of a case; Rights of the parties to a case
(plaintiff & defendant); Jurisdiction and parameters of civil courts functioning; Specific
rules for proceedings of a case; Right of Appeals, review or reference.

In fact,the first uniform Code of Civit Procedure was enacted in 1859. The present Code of
Civil Procedure was enacted in 1908. The object of the Code is to consolidate and amend
the laws relating to procedure of Civil Judicature. CPC is designed to further the ends of
justice and is not a penal enactment for punishments and penalties. The CPC can be
divided into two parts: (a) the main body of the CPC containing 158 sections; and (b) the
First Schedule, containing 51 Orders and Rules. The Sections deal with matters of a
substantive nature laying down the general principles of jurisdiction, while the First
Schedule relates to the procedure and the method, manner and mode in which the
jurisdiction may be exercised. The body of the CPC containing sections is fundamental and
cannot be amended except by the legislature. The First Schedule of the CPC, containing
Orders and Rules, on the other hand, can be amended by High Courts. The CPC has no
retrospective operation

175
2. THE CIVIL COURT STRUCTURE
committed in money transactions,
Disputes relating toproperty, breach of contracts, wrongs
to a civil process. In
as civil wrongs and could be subject
minor omissions etc., are categorized administer
the aggrieved persons. Courts of law
such cases civil suits should be instituted by
done.
justice by considering the nature of the wrong
by payment of damages
Civil wrongs are redressed before civil courts by granting injunctions
or

or compensation to the aggrieved party

of lowest jurisdiction. In the
As a matter of fact, every suit should be instituted before the court
value of the subject matter
civil sidehe Munsiffs Court is the court of lowest jurisdiction If the
court to try the
of the suit is worth rupees one lakh or below, the Munsiff's Court is the competent
Subordinate
suit. If the value exceeds above rupees one lakh the suit should be filed before the
Judge's Court (Sub Court).
from
An appeal from the decision of the Munsiff court is filed before the District Court. Appeals
the decisions of the Sub Court are filed before the District Court if the subject matter of the suit
1s valued up to rupees two lakhs. If the value is above rupees two lakhs, the appeal should be
filed before the High Court and next to the Supreme Court. An appeal shall lie to the Supreme
Court from any judgment, decree or final order in a civil proceeding ofa High Court in the
territory of India if the High Court certifies-(a) that the case involves a substantial question of
law of general importance; and (b) that in the opinion of the High Court the said question needs
to be decided by the Supreme Court.

2.1 Decree, Judgment and Order

Judges after going through the pleadings and oral arguments of the parties pronounce
judgments or order.(CPC provides a clear distinction between order, judgments and
decrees These terms have distinct meanings.
Section 2(2) of Civil Procedure Code (CPC) defines the term 'decree' as the formal
expression of an adjudication which so far regards, the court expressing it, conclusively
determines the rights of the parties with regard to all or any of the matters in controversy
in the suit and may be either preliminary or final. It shall be deemed to include the
rejection of a plaint and the determination of any question within Section 144, but shall
not include: (a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.yhere is an explanation to it: A'decree' is preliminary
when further proceedings have to be taken before thesuit can be completely disposed of
the suit. It may be partly preliminary and partly final, A decree must be drawn separately
after a judgment.
Section 2(9) of CPC defines a 'judgment' as the statement given by a judge of the grounds of
a decree or order. A distinction can be made between a decree and a judgment. It is not

176
 necessary for a judge to give a statement in a decree whereas it is necessary in a judgment.
Ajudgment contemplatesa stage prior to the passing of a decree or an order and after the
pronouncement of the judgment, a decree shall follow.

Section 33 of CPC defines an 'order as a formal expression of any decision of a civil court
which is not a decree. In other words, the adjudication of a court which is not a decree is an
order Stated differently the adjudication of a court of law may either be (a) a decree; or
(b) an order and cannot be both. There are some common elements in both of them, for
instance, (i) both relate to matters in controversy; (ii) both are decisions given by a court;
(ii) both are adjudications of a court of law; and (iv) both are formal
expressions of a
decision.
Figure 1: Differences between Decree and Order
Distinctions between 'Decree' and 'Order"
Adecree can only be passed in suit, whereas an
order may originate from a suit.
A decree is an
adjudication conclusively determining the rights of the
regard to all or any of the matters in
parties with
finally determine such rights. controversy where an order may or may not
Adecree may be
preliminary or final, but there cannot be a
Every decree is appealable, unless
preliminary order.
otherwise expressly
not appealable.
Only those orders are provided but every order is
appealable specified in the code.
as

3. STRUCTURE AND FUNCTIONING OF

CRIMINAL COURTS IN INDIA
Administration of criminal justice is carried out
The hierarchy of criminal
courts is through Magistrate Courts and Sessions Courts
given below.
The Indian Panel Code, 1860 (IPC),
criminal law. The together with other penal laws'
PC draws constitutes India's substantive
time. However, it cannot be inspiration
from the English
criminal law and has
1861 was enacted. The 1861 self-operative. As a sequel to the
IPC, a Code of
stood the test of
Code was repealed Criminal Procedure,
1974 (CrPC) was enacted to
carry out the
after whicha new Code of
Criminal Procedure,
substantive criminal law. The CrPC also process of the administration and
up for the controls and enforcement of the
investigationand trial of the offences. In regulates the working of the
of 1872 was enacted to guide the addition to the machinery set
process of investigation and trial. CrPC, the Indian Evidence Act