The judicial system of India is a cornerstone of its democratic framework, tasked with the interpretation and application of laws to ensure justice and uphold the Constitution. The judiciary operates independently from the executive and legislative branches, maintaining checks and balances within the governance structure. This article delves into the structure and functioning of the Supreme Court, High Courts, and subordinate courts, highlighting their roles and significance in the Indian judicial system.

 

Supreme Court of India The Supreme Court is the apex judicial authority in India, established under Part V, Chapter IV of the Constitution. It is the final court of appeal and the ultimate interpreter of the Constitution.

 

1. Composition

• Chief Justice of India (CJI): The Supreme Court is headed by the Chief Justice of India.
• Other Judges: The Court comprises up to 33 other judges, appointed by the President of India. Judges of the Supreme Court hold office until the age of 65.

2. Appointment and Tenure

• Judges of the Supreme Court are appointed by the President based on the recommendation of the Collegium, which includes the CJI and the four senior-most judges of the Supreme Court (Article 124).
• They hold office until the age of 65, and their removal is possible only through a process of impeachment by Parliament (Article 124(4)).

3. Jurisdiction and Powers

• Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving disputes between the central government and one or more states, or between different states (Article 131). It also hears cases related to the enforcement of fundamental rights (Article 32).
• Appellate Jurisdiction: The Court hears appeals against the judgments of High Courts, tribunals, and other judicial bodies (Articles 132-136). It serves as the highest appellate authority in the country.
• Advisory Jurisdiction: The President can refer questions of law or public importance to the Supreme Court for its opinion under Article 143.
• Judicial Review: The Supreme Court has the power of judicial review to determine the constitutionality of legislative and executive actions (Article 137). It ensures that laws and policies comply with the Constitution.

4. Functions and Significance

• The Supreme Court acts as the guardian of the Constitution and the fundamental rights of citizens.
• It resolves conflicts between the central and state governments and interprets the Constitution to adapt to changing societal needs.
• The Court sets legal precedents that guide lower courts and contribute to the development of law in India.

 

High Courts High Courts are the principal civil courts of original jurisdiction in each state and union territory. They serve as appellate authorities for subordinate courts within their respective jurisdictions.

 

1. Composition

• Each High Court is headed by a Chief Justice and comprises several other judges, whose number varies based on the size and population of the state.
• Judges of the High Courts are appointed by the President of India, following consultation with the CJI, the Governor of the state, and the Chief Justice of the High Court concerned (Article 217).

2. Appointment and Tenure

• High Court judges are appointed through a collegium system involving the CJI and senior judges of the Supreme Court.
• They hold office until the age of 62 and can be removed through impeachment by Parliament for proven misbehavior or incapacity (Article 217(1)).

3. Jurisdiction and Powers

• Original Jurisdiction: High Courts have original jurisdiction in cases related to the enforcement of fundamental rights (Article 226), election disputes, and matters specified in the Constitution.
• Appellate Jurisdiction: They hear appeals against the judgments of subordinate courts and tribunals within their jurisdiction (Article 227). High Courts also have appellate jurisdiction in civil and criminal matters.
• Supervisory Jurisdiction: High Courts exercise supervisory control over all subordinate courts within their jurisdiction, ensuring the proper administration of justice (Article 227).
• Writ Jurisdiction: High Courts have the power to issue writs for the enforcement of fundamental rights and for any other purpose, under Article 226.

4. Functions and Significance

• High Courts ensure the uniform application of law across their jurisdictions and uphold the rule of law.
• They serve as courts of record, maintaining detailed records of their proceedings and decisions, which serve as precedents for lower courts.
• High Courts play a crucial role in interpreting state laws and resolving disputes involving state government actions.

 

Subordinate Courts Subordinate courts operate at the district and lower levels, forming the base of the judicial hierarchy in India. They handle the majority of civil and criminal cases in the country.

 

1. Structure

• District Courts: Each district has a District Court, headed by a District Judge, who has both original and appellate jurisdiction in civil and criminal matters. Sessions Courts, part of the District Court system, deal with serious criminal cases (Article 233).
• Civil Courts: These include Subordinate Judge Courts, Munsiff Courts, and Small Causes Courts, handling civil cases based on the value and nature of disputes.
• Criminal Courts: These include Chief Judicial Magistrate Courts, Judicial Magistrate Courts, and Executive Magistrate Courts, dealing with various criminal offenses based on their severity.

2. Appointment and Tenure

• Judges of subordinate courts are appointed by the Governor of the state, in consultation with the High Court (Article 233).
• They hold office based on the terms specified by the state judiciary and can be transferred, promoted, or removed as per judicial service rules.

3. Jurisdiction and Powers

• Original Jurisdiction: Subordinate courts have the authority to hear and decide cases at the first instance, in both civil and criminal matters.
• Appellate Jurisdiction: Some subordinate courts have appellate jurisdiction over cases decided by lower courts within their district.
• Administrative Powers: District Judges have administrative control over all subordinate courts in their district, ensuring efficient judicial functioning.

4. Functions and Significance

• Subordinate courts play a critical role in delivering justice at the grassroots level, handling the bulk of the country's litigation.
• They ensure access to justice for all citizens, addressing local disputes and maintaining law and order.
• These courts are essential for the implementation of legal provisions and the protection of individual rights at the district level.

 

Challenges and Opportunities in the Judicial System While the Indian judicial system is robust and comprehensive, it faces several challenges:

 

• Pendency of Cases: The judiciary is burdened with a massive backlog of cases, leading to delays in justice delivery. Measures such as increasing the number of judges, improving judicial infrastructure, and adopting alternative dispute resolution mechanisms can help alleviate this issue.
• Access to Justice: Ensuring access to justice for marginalized and economically weaker sections of society remains a challenge. Legal aid programs, mobile courts, and digital initiatives can enhance accessibility.
• Judicial Reforms: Continuous judicial reforms are necessary to improve efficiency, transparency, and accountability in the judicial system. Reforms in judicial appointments, performance evaluation, and case management systems are crucial.
• Technological Integration: Integrating technology into the judicial process, such as e-filing, virtual hearings, and digital record-keeping, can enhance the efficiency and accessibility of the judiciary.

 

The judicial system of India, comprising the Supreme Court, High Courts, and subordinate courts, is pivotal in upholding the rule of law and ensuring justice. Each tier of the judiciary has distinct roles and functions, contributing to a comprehensive legal framework that addresses the diverse needs of the nation. Understanding the structure and functioning of these courts is essential for aspirants of the UPSC examination, as they form the backbone of India's constitutional governance and democratic ethos. Despite the challenges, the judiciary's continued evolution and strengthening hold great promise for achieving timely and equitable justice for all citizens.