INDIAN COURT STRUCTURE

There are also two branches of the legal system, which are:
1. Criminal Law: These deal with the committing of a crime by any citizen/entity. A
criminal case starts when the local police file a crime report. The court finally decides on
the matter.
2. Civil Law: These deal with disputes over the violation of the Fundamental Rights of a
citizen.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to apply

the law to specific cases or in settling disputes. When a dispute is brought
before the courts it ‘determines the facts’ involved through evidence
presented by the contestants. The law then proceeds to decide what law is
applicable to the case and applies it. If someone is found guilty of violating
the law during the trial, the court will impose a penalty on them.
2. Creation of judge-case law: In many cases, the judges are not able to, or
find it difficult to select the appropriate law for application. In such cases,
the judges decide what the appropriate law is based on their wisdom and
common sense. In doing so, judges have built up a great body of ‘judge-
made law’ or ‘case law.’ As per 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: The highest court in India, the SC, 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 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 called ‘judicial review.’ Judicial review
has the merit of guaranteeing the fundamental rights of individuals and
ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s
rights are not trampled upon by the State or any other agency. The superior
courts enforce Fundamental Rights by issuing writs.
 5. Supervisory functions: The higher courts also perform the function of
supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well.
It can give its advisory opinions on constitutional questions. This is done in
the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or
administrative in 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.
8. Special role in a federation: In a federal system like India’s, the judiciary
also performs the important task of settling disputes between the Centre and
states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head
commissions that enquire into cases of errors or omissions on the part of
public servants.

Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other
than criminal cases. Criminal law applies when a crime such as a robbery, murder,
arson, etc. is perpetrated.

• Civil law is applied in disputes when one person sues another person or
entity. Examples of civil cases include divorce, eviction, consumer
problems, debt, or bankruptcy, etc.
• Judges in civil courts and criminal courts have different powers. While a
judge in a criminal court can punish the convicted person by sending
him/her to jail, a judge in a civil court can make the guilty pay fines, etc.
• District Judges sitting in District Courts and Magistrates of Second Class
and Civil Judge (Junior Division) are at the bottom of the judicial hierarchy
in India.
• The court of the district judges is the highest civil court in a district.
• It has both administrative and judicial powers.
• The court of the District Judge is in the district HQ.
• It can try criminal and civil cases and hence, the judge is called District and
Sessions Judge.
Civil courts have four types of jurisdictions:

• Subject Matter Jurisdiction: It can try cases of a particular type and relate
to a particular subject.
• Territorial Jurisdiction: It can try cases within its geographical limit, and
not beyond the territory.
• Pecuniary Jurisdiction: Cases related to money matters, suits of monetary
value.
• Appellate Jurisdiction: This is the authority of a court to hear appeals or
review a case that has already been decided by a lower court. The Supreme
Court and the High Courts have appellate jurisdiction to hear cases that were
decided by a lower court.

Supreme Court- Historical Background

• With the passage of the Regulating Act of 1773, the Supreme Court in
Calcutta was formed as a Court of Record with full jurisdiction and
authority. It was formed to hear and decide all criminal charges, as well as to
entertain, hear, and decide all cases and proceedings in Bengal, Bihar, and
Orissa.
• King George III established the Supreme Courts of Madras and Bombay in
1800 and 1823, respectively.
• The India High Courts Act of 1861 established High Courts in different
provinces and eliminated the Supreme Courts in Calcutta, Madras, and
Bombay, as well as the Sadar Adalats in Presidency towns.
• Until the foundation of the Federal Court of India under the Government
of India Act 1935, these High Courts had the distinction of being the
highest courts in all cases.
• The Federal Court was tasked with resolving conflicts between provinces
and federal states and hearing appeals from High Court decisions.
• The Constitution of India was enacted on January 26, 1950, after India
gained independence in 1947. The Supreme Court of India was also
established, with its inaugural meeting on January 28, 1950.
Supreme Court- Constitutional Provisions
• Part V (The Union) and Chapter 6 of the Indian constitution allow for a
Supreme Court provision (The Union Judiciary). It contains Articles 124 to
147 that deal with the Supreme Court's organization, independence,
jurisdiction, powers, and procedures.
• Article 124(1) of the Indian constitution provides that there must be a
Supreme Court of India consisting of a Chief Justice of India (CJI) and not
 more than seven additional judges unless Parliament by law prescribes a
larger number.
• The Supreme Court of India's jurisdiction can be divided into three
categories: original jurisdiction, appellate jurisdiction, and advisory
jurisdiction. It also has a wide range of powers.
• The Supreme Court's decision is binding on all courts within India's
jurisdiction.
• It has the authority of judicial review, which allows it to overturn
legislative and executive actions that violate the Constitution's provisions
and scheme, the power balance between the Union and the States, or the
fundamental rights protected by the Constitution.

Organization of Supreme Court

• Currently, the Supreme Court has 34 judges including the CJI. In 1950,
when it was established, it had 8 judges including the Chief Justice of India.
• They can be regulated by the Parliament through legislation.
• The judges sit in benches of 2 or 3 (called a Division Bench) or in benches
of 5 or more (called a Constitutional Bench) when there are matters of
fundamental questions of the law are to be decided.

Seat of Supreme Court

• The Supreme Court's seat is designated under the Constitution as Delhi. It

also empowers the Chief Justice to appoint another location or location as
the Supreme Court's seat.
• Only with the President's approval can he/she decide in this regard. This
clause is merely optional, not mandatory. This means that no court has the
authority to direct the President or the Chief Justice to choose a different
location as the Supreme Court's seat.

Procedure of Court

• With the President's consent, the Supreme Court can issue rules that govern
the court's general practice and procedure.
 • A bench of at least five judges decides on constitutional cases or references
brought by the President under Article 143. In all other circumstances, a
bench of at least three judges is normally used to decide.
• The verdicts are handed down in open court. All decisions are made by a
majority vote, but judges can provide opposing judgments or opinions if
they disagree.

Independence of Supreme Court

• The Supreme Court is the highest court of appeal, as well as the guardian of
people’s fundamental rights and the Constitution.
• As a result, its autonomy becomes critical to its ability to effectively carry
out the responsibilities entrusted to it. It should be free of the executive
(council of ministers) and legislative encroachments, pressures, and
interferences (Parliament). It should be able to carry out its duties without
fear or favor.
• To protect and guarantee the Supreme Court's independence and
impartiality, the Constitution contains the following provisions:
o Mode of appointment
o Security of tenure
o Fixed service conditions
o Expenses charged on the consolidated fund
o Conduct of judges cannot be discussed
o Ban on practice after retirement
o Power to punish for its contempt
o Freedom to appoint its staff
o Its jurisdiction cannot be curtailed
o Separation from Executive

ORIGINAL JURISDICTION OF THE SUPREME COURT:

Jurisdiction is the authority given to a legal body like a court to administer
justice within a defined field of responsibility.

The Supreme Court in India has three types of jurisdictions – original,

appellate, and advisory as provided in Articles 131, 133–136 and 143 respectively
of the Indian Constitution.
Original Jurisdiction of the SC in India (Article 131)
The original jurisdiction of a court refers to a matter for which the particular court is
approached first. In the case of the Supreme Court in India, its original jurisdiction
is covered under Article 131. It involves the following cases:

1) Any dispute between the Indian Government and one or more States.
2) Any dispute between the Indian Government and one or more States on one
side and one or more States on the other side.
3) Any dispute between two or more States.
4) Article 32 of the Constitution provides original jurisdiction to the SC for
matters regarding the enforcement of Fundamental Rights.
5) The SC can issue writs, directions, or orders including writs in the nature of
mandamus, habeas corpus, quo warranto, prohibition and certiorari.
6) The SC also has the power to direct the transfer of a criminal or civil case
from the High Court in one State to the High Court in another State.
7) It can also transfer cases from one subordinate court to another State High
Court.

Appellate Jurisdiction

Under this, the Supreme Court can hear cases only when they are appealed against
a High Court order. The power of a superior/higher court to hear and decide appeals
against the judgment of a lower court is called appellate jurisdiction. The Supreme
Court has vast appellate jurisdiction. It hears appeals against the judgment of the
High Courts. Thus, it is the highest and the final Court of Appeal. If one of the parties
to a dispute is not satisfied with the decision of the High Court, one can go to the
Supreme Court and file an appeal. The appeals can be filled in Civil, Criminal and
Constitutional cases.

(i) Appeals in Constitutional Cases (Article 132) - A constitutional case is neither a

civil dispute, nor concerning a crime. It is a case arising out of different
interpretations of the Constitution, regarding fundamental rights. In such
Constitutional Cases an appeal can be taken to the Supreme Court only if a High
Court certifies that the matter in dispute involves a substantial question of law. If the
High Court denies a certificate of fitness to appeal to the Supreme Court, the
Supreme Court can use its discretion and grant special leave to appeal to itself in any
case it deems fit.

(ii) Appeals in Civil Cases (Article 133) - Disputes relating to property, marriage,
money, contract, and service etc. are called civil cases. If a civil case involves a
substantial point of law of public importance needing interpretation of the
Constitution or law, an appeal against the High Court decision can be made to the
Supreme Court. Earlier the financial limit of such civil cases was Rs. 20,000/ - but
now according to the 30th Amendment of 1972, there is no minimum amount for
taking a civil appeal to the Supreme Court. If a substantial question of interpretation
of the law or Constitution is involved, an appeal may be made against the decision
of the High Court.

(iii) Appeals in Criminal Cases (Article 134) - An appeal may be brought to the
Supreme Court against a High Court decision in a criminal case in many situations.
Firstly, if a High Court sets aside an appeal or an order of acquittal passed by a lower
court and awards death sentence to the accused, he may bring an appeal to the
Supreme Court by right. Secondly, appeal can also be made to the Supreme Court if
the High Court withdraws a case from a lower court to itself, declares the accused
guilty and awards death sentence. In this situation also appeals can be made as a
matter of right and without a certificate from the High Court. The appeal in cases
other than these two categories may also be brought to the Supreme Court provided
the High Court grants a certificate that the case is fit for appeal to the Supreme Court.
In case where the High Court refuses to certify a case to be fit for appeal to the
Supreme Court, one may seek special leave to appeal from the Supreme Court itself.
The Supreme Court may grant such a special leave in its discretion but only in rare
cases.

(iv) Special Leave to Appeal (Article 136)- Article 136 of the Indian Constitution,
allows the Supreme Court to grant special leave to appeal against any judgment or
order in any matter or case, made by any court or tribunal in the country. The
Supreme Court is vested with the absolute power of interpretation of the constitution
being the ultimate guardian of it.

What is so special about article 136 is that it distinguishes it from the general appeals
listed in 132-135 are as follows. First, it is not just restricted to appeals against
judgments, decrees, and final orders of the High court but it can also be granted
against the judgments of lower courts. The second thing to note is that article 136 is
fluid and flexible compared to articles 132-135, which deals with appeals. What is
meant is that the judgments, decrees, or orders do not have to be final in nature and
appeals are allowed even against interlocutory and interim judgments and they may
be from cases or matters of either criminal or civil nature or otherwise. However, in
the normal course, it is expected that the appellant has exhausted all other recourses
the law provides. Moreover, there may not be any law which limits the jurisdiction
of the Supreme Court regarding article 136.

Advisory Jurisdiction (Article 143)

Under this, the President can request the Supreme Court to offer its opinion on any
issue of law or fact. This power implies the Court’s right to give advice, if sought.
Under advisory jurisdiction, the President of India may refer any question of law or
public importance to Supreme Court for its advice. But the Supreme Court is not
bound to give advice. In case, the advice or the opinion of the Court is sent to the
President, he may or may not accept it. The advice of the Court is not binding on the
President. So far, whenever the Court has given its advice, the President has always
accepted it. The Court refused to give its advice on the question whether a temple
existed at the spot, where Babri Masjid was built at Ayodhya.

Review Jurisdiction (Article 137)

This is covered under Article 137, and it gives SC the authority to review its
judgements. There are two grounds on which a review is permitted. They are as
follows:

• If there has been an apparent error on the face of record leading to the
perversity of judgement, or
• If new evidence has been uncovered which was not available earlier despite
the best attempt by the party or out of no fault of the party.

Writ Jurisdiction (Article 32)

If there is a violation of fundamental rights a person under Article 32 can ask the
Supreme Court to issue writs. But this applies only if the fundamental rights of a
person are infringed.
Protector of Fundamental Rights- The Supreme Court has concurrent right with the
High Courts to issue directions, orders, and writs for enforcement of fundamental
rights. These are in the nature of the writs of Habeas Corpus, Mandamus,
Prohibition, Certiorari and Quo Warranto. These writs make the Supreme Court a
protector and guarantor of fundamental rights. The idea is that in case of violation
of a law or right, the Court may issue directions for compliance with the
Constitution. Thus, the citizens of India are secure as far as fundamental rights are
concerned. The Supreme Court has the right to declare a law passed by the
legislature null and void if it encroaches upon our fundamental rights. It has
rejected many legislations, which violated fundamental rights. This shows how the
Supreme Court has always served as the guardian of fundamental rights.

Court of Record (Article 129)

All the proceedings of the Supreme Court are recorded and assume the form of case
law. Such decisions are binding on all courts in India.

Guardian of The Constitution

The Constitution of India is the supreme law of the land, and the Supreme Court is
its interpreter and guardian. It does not allow the executive or the Parliament to
violate any provision of the Constitution. It can also review any action of the
Government, which allegedly violates any provision of the Fundamental Rights.
This power of the Supreme Court is called Judicial Review about which we shall
study later. If it finds violation of any provision of the Constitution, it may declare
the concerned law as ultra-vires, or null and void. It is based on this power of Judicial
Review of the Supreme Court called guardian of the Constitution. It is also called ‘a
champion of liberties’ and ‘a watchdog of democracy.’ In this context the role and
the functions of the Supreme Court are wide and comprehensive.

Review of Its Own Judgment

If the Supreme Court discovers that there are some new facts or evidence or if it is
satisfied that some mistake or error took place in its previous decision, it has the
power to review the case and alter its previous decisions. This is done when a review
petition is filed. Normally, review is done by a bigger bench than the one that
originally decided the case.
Master of Roster

• It refers to the Chief Justice's authority to form Benches to hear matters.

• In the Supreme Court, a debate has erupted regarding the Chief Justice's
absolute jurisdiction over judicial administration.
• The administrative side is headed by the Chief Justice of India or the Chief
Justice of any high court. This also applies to the distribution of cases before
a judge.
• As a result, unless the Chief Justice of India assigns it to him, no Judge can
take up the case on his own.

Conclusion

The Supreme Court of India has built a reputation for itself and is well-known in the
field of legal and judicial jurisprudence. The Court is an homage to the Constitution's
framers. In keeping with the people's customary tolerance, the Court has never been
inattentive or harmful to minorities and their rights but has always been alive and
protecting them. The judiciary has performed admirably, and the people of India can
rightfully assert that the judiciary's independence is adequate proof of the country's
democratic achievement.