DECODING THE INDIAN JUDICIAL SYSTEM: HOW DOES IT WORK?

Prologue

The Indian judiciary is broadly regarded as the most important and functional organ of the government of India besides the legislature and the executive. It provides checks and balances and is grounded in the fundamental principle of the Rule of Law. The Judiciary ensures the socio-economic and cultural organization of the societies in India while regulating the actions of the political players. It ensures special reservations and protections of the rights of the underprivileged communities in the country by granting them the fundamental rights and ensuring that they harvest the benefits of such rights without undue interference from other parties. For instance, consider two neighbors disputing over a piece of property, each claiming their rights of ownership yet none is willing to give into the other. Then What next? Here, the role of the judiciary comes into play and offers a fair deal for both contestants and restores their mutual relationships. It is in such manners that the functions of the judiciary are vividly witnessed by the members in our societies. It is an intermediary, rights protector and the mechanism for dispute resolution among the members in the community. In this blog, we shall go into understanding the hierarchy and structure involved in the Indian Judiciary, the functions they perform, the processes involved and the potential challenges it faces.

The structure of The Indian judiciary

The judicial system in India is so conclusive in manner. It has different jurisdictional segments that deal with both criminal and civil matters. It is established in a form of hierarchy that starts from the apex court [the supreme court] to its subordinate courts at the district level. It is crucial to note that, throughout the different states in India, the majority of the states have their own high courts, while a few have a high court that is shared between two states. Below is the hierarchy of the courts in India. The Supreme Court - Supreme Court is the top highest court in the judicial hierarchy and it is also regarded as the court with the highest appeal and the ultimate power to interpret the law. It has both original and appellate jurisdiction and it acts as the protector of the fundamental rights and the ultimate court to resolve every question of law in India. High Courts: This is regarded as the Court of Appeal. A party may appeal to a high court whenever they are dissatisfied with the judgments of the lower courts. It has the jurisdiction to admit appeals as granted by the Constitution and also issue certificates of appeal to parties to approach the Apex Court. Lower Courts: These are also known as District Courts. They are the trial Courts [e.g., session courts], where they conduct trials, examine evidence, and deliver judgements in the principle of justice equity and good conscience. Lower Courts are mostly presided over by single judges and their decisions are appealable to the high Courts across India.

The Major Judicial Processes in Indian judiciary.

In India’s judicial system, strict reliance is placed on the hierarchy of Courts. It is crucial to understand the stepwise stages while taking up judicial proceedings by any person. The lower courts act as the Courts of first instance and they have the original jurisdiction to try fresh cases and conduct suits. The processes include the following: Filing of Case: The institution of a case or a suit usually begins with filing a case or registering a complaint in a court. This is common regardless of a civil or criminal matter. When such a complaint or case has been filed, the court takes the next step of issuing a summons. Summons and notices being issued: After filing a case, the court then issues summonses or supplies notices to the parties involved and their witnesses, informing them about such legal actions against them. The summons also serves as information requesting them to appear before the court to be heard. The Pre-Trial Processes: Here, evidence is taken, subjecting the witnesses to interviews and discovering the legal basis of the case or suit at hand. During discovery, both parties share their information so that each party is aware of what the other will present in their trial phase. It is crucial here to understand the grievances and defences from parties involved in order to give them sufficient grounds to argue their case in the trial. The Trial Process: This is the main phase of the judicial process. It involves hearing the arguments from both parties, and while relying on the evidence supplied, the verdict is given by the court. It is a point where the guilt of the defence is decided by the Court. However, there can be two types of trials: civil and criminal trials. In civil matters, the parties provide their evidence and the judge decides the liabilities of the parties accordingly. While criminal trials are geared towards punishment at the end of the trial, civil matters are subject to compensation, and they are based on less serious disputes. In criminal cases, the defendant’s role is to create doubts, while the petitioner is entitled to prove their case beyond reasonable doubt. Examination of Evidence and Witnesses: After hearing the arguments from parties and gathering the relevant evidence, and after hearing the testimonies from the witnesses, the Court then examines those evidences and claims of the witnesses. This is to determine the credibility of those arguments as a way of substantiating the pleadings of both parties. It is also necessary in deciding the guilt or not guilt of the defendants in criminal cases and the extent of liability of the respondents in civil matters. The Judgement: After the trial is completed and evidence and witnesses’ testimonies are recorded and examined, the court, presided over by a judge or judges, renders a verdict. Meanwhile, convictions by means of the judgements in criminal cases can lead to sentencing and imprisonment; in civil suits, such judgements determine the liability of the respondents to pay compensations. Appeals: This is allowed in cases that are appealable. It allows the aggrieved parties to file applications to the high Courts asking for further hearings on the same matter. This stage is very crucial in maintaining the efficiency of the judiciary in India, as it offers the opportunity for checks and balances in the system. Here, the courts of appeals check the validity of the decisions by the lower courts and decide accordingly. It can deviate from such decisions whenever it finds errors in the application of mind by the lower courts.

Certain Specialised Courts and Its Functions in Indian judiciary

In addition to the above Courts, there are certain specialised courts having limited jurisdictions in handling specific disputes in a specific domain. They include the following: Family Courts: They handle family disputes involving divorce, partition of family property and other family-related disputes. Consumer courts are specialised in handling consumer complaints such as defects in goods purchased, disputes involving refunds, and others. Environmental Courts: They deal with environmental violation cases across India, which include pollution cases and wildlife protections. Juvenile Courts: These Courts handle cases involving minors seeking justice and they offer rehabilitation services as well as punish parties found in violation of the rights of the minors.

Basic pillars of the Indian judiciary.

These include the yardsticks on which the judiciary is inclined to observing. They are: Independence of the Judiciary

• Transparency
• Neutrality or impartiality
• Accountability
• Efficiency and effectiveness.

Challenges faced by the Indian judiciary

• Pendency of cases
• Limited public awareness
• Limited resources

Conclusion of The Indian judiciary

The Indian judiciary is one of the most important pillars of the country’s democracy. It has a hierarchical segment and offers a variety of services in upholding the public order and general wellbeing of the people in the country. It is an independent institution, and thus its decisions are regarded as unbiased, impartial, and neutral, catering for the interests of justice and good conscience. It is grounded in the principle of the rule of law and has served the purpose of promoting peace and stability in the country. While seeking justice in India, it is important to know the hierarchy of the courts in order to ensure a due procedural approach to the justice system.