Judiciary plays an imminent role in the working of countries across the globe. The constitution of India came into existence on 26 January 1950. However, the Indian constitution is referred to as a “Bag of Borrowings’ but this does not mean it is in any way less than the other constitutions of the countries around the world. Indian Constitution is unique in its way. In this article, we will learn more about Judiciary of India and its functions.
Judiciary of India
India has an Independent Judiciary, which means that other organs of the government do not hold the authority to intervene in its working. The judiciary is one of the branches of the government that interprets the law, settles disputes, and administers justice to all citizens of the country. It is also considered to be the watchdog of Democracy.
Structure of Indian Judiciary
The judiciary in India has a hierarchical structure, wherein, the Supreme Court stands at the top and below it are the high courts and district courts, respectively. As per the size of the country, the Indian judiciary system is planned to cater to the requirements of the citizens of India and to
serve the India Community with efficiency.
Supreme Court of India
It is placed at the highest position in the Hierarchy of Indian Courts. The Supreme Court of India is led by the Chief Justice of India and with him, are appointed 30 judges to advise the CJI. The Supreme Court of India started its operations on 28th January 1950. as per a report of the Supreme Court, the court has taken more than 24,000 judgments. The decision of the Supreme Court is binding on all the other courts. It also holds the authority to transfer the judges of the High Courts. Not only the judges but the Supreme Court of India can transfer cases from one high court to another and if needed, it can also move the cases to itself.
High Courts of India
The High Courts in India are considered to be the Second important courts. The high courts are run per Article 141 of the Indian Constitution. There are a total of 25 high courts in India that take care of the regional juridical system of the country out of which Kolkata High Court is the oldest. High courts are confined to the jurisdiction of a state, group of states, or Union Territory. There are some specific areas in which only High Courts have the authority to exercise the right for hearing like cases related to Company Law as it is designated especially in a state or federal law.
However, normally the high courts are involved in the appeals that are raised in the cases of lower courts with the writ petitions as conferred in Article 226 of the Indian Constitution. They also have the right to publish writs as and when needed.
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