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The judicial system in India now is the result of a long historical development in which many factors
have played their part.
1. Higher Judiciary
2. Lower Judiciary
HIGHER JUDICIARY:
LOWER JUDICIARY:
WHAT ARE THE PRINCIPAL SOURCES OF PROVISIONS CONCERNING THE INDIAN JUDICIAL SYSTEM ?
Sources Are:
a) Constitution
b) Civil Courts Act
c) Code of criminal procedure, 1973
d) Special or local enactments
Yes!!! Special courts can be created by competent legislature, under the appropriate legislative
assembly. Constitution does not state that judicial power of state can be exercised only by the ordinary
courts.
However above courts will be under judicial review of high courts and special appellate jurisdiction of
the supreme court.
System trial in force in india is “Adversary System” ( Judge does not take an active part but adversaries
do ) in contrast to so called “inquisitorial system”( Judge plays the role to know the truth by his own
initiative ).
India doesnot have a “collegiate courts”( 3 or more judges ) at the trial level. But appellate benches and
writ benches in the high courts may have two members ( Called “Division Benches”) or three or more
members ( Full Benches).
FAMILY COURTS
Family courts are constituted under a separate central act – Family courts act, 1984.matrimonial cases,
proceedings, family etc., are dealt. Appeals from their decisions have to be made to the high court.
No. Litigation concerning the environment or those arising out of an environmental hazard or an
environmental controversy can be instituted in the ordinary civil court or high court.
1. Court of session
2. Court of Metropolitan Magistrate
3. Court of Magistrate of First class
4. Court of Magistrate of second class
5. Court of executive magistrates (District level)
It indicates that the power courts exercise in examining the legality of legislative and executive action.
Judicial control in India is mostly exercised by high courts and supreme courts through writs.
A court examining the judicial control generally does not examine the merits of the legislative or
executive measures, but test its validity with reference to conformity of constitutional laws and norms.
Judicial control over legislative matters:
Writs are commands issued by the high court or supreme court to do or not to do a certain thing.the
issue of writs is one of the principal modes of exercising judicial review.the power is conferred by
articles 32 and 226 of constitution on supreme court and high courts.
As a federal court
As a Constitutional court
As Highest Court
As a special appellate court (Special leave against any court or tribunal in india)
India does not have separate wing to decide constitutional cases. constitution provides that every
matter involving interpretation of the constitution must be heard by a bench of atleast five judges.
- Lower judiciary independence is secured by constitutional provision which gives the high court
“control” over all subordinate courts.
- High courts independence is ensured by prohibiting variation of their pay and condition of
service during tenure of office, special procedure for removal, prohibiting discussion in
legislature of the conduct of a high court judge in his official capacity, law contempt of court
- Independence of Supreme court is provided by provisions similar to stated above for high court.