Legal Methods Seminar Paper
Legal Methods Seminar Paper
Legal Methods Seminar Paper
BATCH-2020-2025
COURSE- BA LLB
SUBJECT – LEGAL METHODS
YEAR- 1st
TOPIC-
INDIAN JUDICIARY SYSTEM: AN ANALYSIS
SAP ID—81012019491
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TABLE OF CONTENTS
i. ABSTRACT……………………………………………………………………………………….1.
I. INTRODUCTION…………………………………………………………………………………3.
1.1 JUDICIARY……………………………………………………………………………………….4.
1.4. SUGGESTIONS………………………………………………………………………………….11.
1.5. CONCLUSION……………………………………………………………………………………12.
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ABSTRACT
The Indian political system is heavily rooted in the Indian legal system. The presence of the
courts adheres to the separation of powers principle. In both the national and state levels, the
Indian Constitution envisions parliamentary democracy. The passing of legislation is essential to
both the judiciary and the executive branch.1
The judiciary protects citizens' interests by banning certain organs from violating their
constitutionally imposed obligations. In brief, the Supreme Court of India is the rational and sole
custodian, translator, and guardian of the Indian Constitution. The Supreme Court has the
authority to investigate amendments to the Constitution for legislative validity, and Parliament
has the authority to amend the Constitution. The Supreme Court is in charge of ensuring that the
other branches of government carry out their responsibilities in accordance with the Constitution.
In interpreting procedural questions and regulatory processes, the court is the final authority. The
capacity of the legal system to maintain the overall socioeconomic and political environment
determines the nature of democracy and the state's development.
RESEARCH DESIGN
RESEARCH OBJECTIVES:
The research for this paper is carried out to fulfill the following objectives and end with a
conclusive study for the same:
1 Law and Justice: A Look at the Role and Performance of Indian Judiciary
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RESEARCH METHODOLOGY:
The latest research focuses on doctrinal and analytical issues. With this in mind, the author went
with the tried-and-true method of consulting collections and primary sources. Since statistical
methods are not practical, methodological and doctrinal tools are used because the science is
doctrinal in nature. To collect reliable material, primary sources are used. Materials and
knowledge are gathered through legal sources such as law journals, as well as print and social
media.
CHAPTERISATION:
Chapter I: Introduction
Chapter V: Conclusion
CHAPTER 1
INTRODUCTION
1.1. JUDICIARY:
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Government's other organs are not allowed to intervene with the judiciary's work. Supreme Court
is at the top of India's judiciary system, and is structured in a pyramid. The judiciary is regarded
as the guardian of the Constitution as well as the watchdog of democracy. The new Indian
judiciary system is split into three levels, with the Supreme Court overseeing the highest level.
The lower courts are overseen directly by the higher courts, and the high courts are at the bottom
of the pyramid. It is important for democracy to function properly if the judiciary is independent
and neutral.2
India's judicial system consists of the Supreme Court of India, High Courts, and Subordinate
Courts. India has a long history of providing victims with fairness and fair courts. The legal
system refers to the method of reading and enforcing the constitution.3
Aside from the aforementioned framework, the legal system is divided into two branches:
1. Criminal Law: This covers any person or individual who commits a crime. When the local
police file a crime report, it begins a criminal investigation. The matter is eventually decided by
the judge.
2. Civil Law: This deals with disagreements over a citizen's fundamental rights being violated.
1. Administration of justice:
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The primary function of the judiciary is to extend the legislation to specific cases or to resolve
disputes. When a case is taken to court, the contestants' testimony is used to "determine the
facts." After that, the statute determines which law relates to the case and applies it. If the
convicted party is found guilty of violating the law during the appeal, the judge will pass a
sentence.
In certain cases, judges are reluctant or unable to apply the applicable rule. In those cases, judges
use their common sense and wisdom to determine the applicable statute. As a result of their
decisions, judges have accumulated a wide body of "judge-made law" or "case law." Previous
judicial decisions are normally considered binding on future judges in related cases, according to
the doctrine of'stare decisis.'
3. Constitutional Guardian:
The Supreme Court settles jurisdictional disputes between the federal government and states.
Any law that contradicts a statutory provision is declared invalid or null and void by the courts.
Judicial oversight has the benefit of protecting individual human rights, writes Ravi Agrawal.4
The judiciary ensures that the government and other bodies do not violate people's rights.
Superior courts issue writs in order to protect human rights.
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5. Supervisory functions:
The higher courts in India are now in charge of overseeing the lower courts.
6. Advisory functions:
In India, the SC also serves as an advisor. It has the authority to issue advisory opinions on
constitutional issues. When there are no conflicts and the executive wants it, this is done.
The judiciary is also responsible for settling crucial disputes between the centre and the states in
a federal system like India's. It also acts as a go-between in inter-state disputes.5
Judges are also asked to chair committees looking into cases of civil official mistakes or
omissions.
To decentralise and resolve conflicts at the grassroots level, the Indian judiciary is divided into
many tiers. The following is the fundamental framework:
5 The Indian Constitution and the Role of Indian Judiciary System in Protection of Environment
in India
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At the top of the hierarchy is the Supreme Court of India, which is followed by the High Courts
of various states, District Judges in District Courts, Second Class Magistrates, and Civil Judges
(Junior Division) at the bottom.
The Supreme Court of India was founded in Delhi on January 26, 1950. In Part IV, Chapter IV
of the Indian Constitution, it is described as the country's supreme court. It has the final say on
any litigation brought before it by a lower court or by the Supreme Court directly.6
It was established as the country's highest court on January 28, 1950. Which is the United States'
highest court of appeals, hearing both new lawsuits and appeals from Supreme Court rulings.
The Supreme Court of India is made up of 25 judges, including the Chief Justice of India. The
Supreme Court's jurisdiction is defined by Articles 124-147 of the Indian Constitution. With
administrative jurisdiction over the High Courts, the Supreme Court is the highest court of the
country. With administrative jurisdiction over the High Courts, the Supreme Court is the highest
court of the country.
It hears appeals from the High Courts, as well as other courts and tribunals. It resolves conflicts
between different government agencies, state governments, and the federal government and
every state government. In its advisory position, it also hears matters that the President responds
to. The SC will also take cases on its own initiative (on its own). The Supreme Court's decision
is binding on all Indian courts, as well as the Union and state governments.
6 An empirical study on the role of social media and society with regard to Indian judiciary
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• JURISDICTION OF COURT:
Initial, appeal, and advice appeals are all heard by India's Supreme Court. Its single original
jurisdiction includes all cases affecting the Indian government and its states, as well as cases
involving the Indian government and states on one side and one or more states on the other, and
cases involving independent states.7
1) ORIGINAL JURISDICTION:
The word "initial jurisdiction" refers to when a court is approached first. Article 131 protects the
Supreme Court of India's original jurisdiction. The below are examples of what it entails:
• Any disagreements between the Indian government and one or more states
• Any conflict between the Indian government and one or more states on one side, and one
or more states on the other.
• Any conflict between two or more countries
• Under Article 32 of the Constitution, the Supreme Court has original authority over
matters relating to the preservation of constitutional rights.
• The Supreme Court may grant mandamus, habeas corpus, quo warranto, prohibition, and
certiorari, among other writs, directions, or orders.
• If the Supreme Court determines that cases addressing the same legal questions are
pending before it and one or more High Courts, and the issues are important, the Supreme
Court has the authority to withhold the cases from the High Court or Courts and decide
any of the cases itself.
• The Arbitration and Conciliation Act of 1996 gives the Supreme Court the authority to
initiate international commercial arbitration.
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1) APELLATE JURISDICTION:
Only when a case is challenged against a High Court order will the Supreme Court hear it.
• Advisory Jurisdiction-
The President may use this to ask the Supreme Court for an opinion on some legal or factual
matter.
• Review Jurisdiction-
Article 137, which allows the Supreme Court to revisit its own rulings, protects this. A request
for an investigation may be made for one of two reasons. Here are few specifics:
1. If the erroneous decision was the result of a clear error on the record, or
2. If new information has been discovered that was previously unavailable through the party's best
efforts or by no fault of the party.8
Many clauses of the Constitution guarantee the independence of the judiciary. The following are
some of them:
Under Article 136, the Supreme Court can grant special leave to appeal from any ruling, decree,
determination sentence, or order passed or rendered by any court or tribunal in India. The Article
136 authority of the court is unprecedented.
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The High Court was created in 1862 by the Indian High Court Act, which established High
Courts in Calcutta, Bombay, and Madras. Over time, new High Courts have risen. In cases of
testamentary, matrimonial, and guardianship, the High Courts have primary jurisdiction. The
High Court has first-in-flight jurisdiction under a number of laws. Under Article 226 of the
Constitution, the High Courts have unrivalled power to issue a wide range of writs. As a court of
record, each High Court has the authority to bring contempt proceedings against itself and the
lower courts.
In a democracy, the High Court is the most powerful judicial institution. In Articles 214 to 231
of the Indian Constitution, the High Courts, their organization, and powers are debated. There are
a total of 25 High Courts in India.
While the State's subordinate courts are powerless to try crimes, the High Courts exercise civil or
criminal jurisdiction. Events from lower courts may still be heard before the Supreme Court. The
President of India appoints judges to the High Court after consulting with India's Chief Justice,
the Chief Justice of the High Court, and the Governor of the State. Parliament can also create a
single High Court that serves two or three states.9
In civil and criminal cases, the High Court has initial jurisdiction, and in criminal and civil cases
settled by state subordinate courts, it has appellate jurisdiction. Under the Civil Procedure Code
of 1908 and the Criminal Procedure Code of 1973, it has revisional authority. Legal lawsuits
involving property worth more than Rs.20,000 have exclusive authority in these High Courts. In
addition to administrative jurisdiction over subordinate courts in the state, it has writ authority
under Article 226 of the Indian Constitution. India's constitution, Article 227, makes it perfectly
clear. Apart from that, the high court has supreme revisional powers under the criminal
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procedure code, whether under Section 397 read in conjunction with Section 401 or by the
exercise of inherent control under Section 482. Any ruling or order of the High Court binds all
lower judges, tribunals, and agencies within the state's territory, and if only a direct judgement of
the supreme court contradicts the High Court's proposition, the subordinate court, tribunal, or
authority may have some leeway in reading it.
Even if another high court has decided on the same subject, the verdict of the High Court cannot
be overturned by lower courts, tribunals, or officials within the state.
a) Regarding Fundamental Rights: They will use writs to compel the enforcement of
fundamental rights.
b) Concerning other cases: All High Courts have initial authority over proceedings
including wills, divorce, contempt of court, and admiralty. Election petitions may be
heard in the High Courts.
APPELATE JURISDICTION:
IN CIVIL CASES:
IN CRIMINAL CASES:
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• Whether or not the session judge had decided in favour of the death penalty.
• All cases brought under state or federal law are heard before the High Court.
IN CONSTITUTIONAL CASES: When the High Court finds that a lawsuit presents a major
legal problem.
AS A COURT OF RECORD:
• High Courts are also Record Courts (like the Supreme Court).
• Subordinate courts may use the records of the High Courts' judgments to make decisions.
• Both High Courts have the authority to punish anyone or any organisation for contempt.
ADMINISTRATIVE POWERS:
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The power to criminal appeal is reserved for the High Courts. If a statute or ordinance is found to
be in violation of the Indian Constitution, they have the authority to declare it unconstitutional. A
High Court may certify cases for appeal to the Supreme Court on its own.
The district courts in India are the district courts of Indian state governments for each district, or
a group of districts, depending on the number of cases and population density in the district.
They track the country's justice system on a district level. Circuit courts are responsible for
delivering justice on a state level.
The trial court is presided over by a circuit judge. The governor appoints the district judge based
on the chief justice of the state's supreme court's opinion. In addition to the chief judge, there
might be a few additional district judges and assistant district judges, depending on the workload.
• The highest civil court in the district is the district judges' court.
• It entails both financial and judicial responsibilities.
• The Circuit Judge's court is in the district offices.
• Since the court will want and settle all felony and civil litigation, the judge is regarded as
a District and Sessions Judge.
• • Under the circuit courts, there are courts with Sub-Judges, Additional Sub-Judges, and
Munsifs.10
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In India, the justice system is separated into civil and criminal branches. The District Judge is the
district's highest legal authority (civil and criminal). With the exception of Jammu and Kashmir
and Nagaland, where the Code of Criminal Procedure does not apply, crime courts are held
exclusively by judicial magistrates. The provincial small causes courts hear events of minor
significance. The Chief Judicial Magistrate is in charge of a district's criminal courts.
The Sessions Court is the district's highest criminal court, and it is presided over by the Sessions
Judge. The term "District and Sessions Judge" refers to a District Judge who sometimes acts as a
Sessions Judge. It has the power to enforce any punishment allowed by law, but any death
sentence it imposes must be confirmed by the High Court.
Criminal Procedure Act of 1973 is the only point of legal jurisdiction for the judiciary side.
According to this code, a session judge's ultimate penalty for an inmate is death. Civil courts are
divided into three categories. The Count of the District Judge is at the very highest. Both the
original and appeals courts are within his jurisdiction.
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Dispute over property or money worth less than 2,000 rupees falls under the jurisdiction of the
Munsif Court. Appeals can be heard by the Court of Sub-Judge, Court of Additional Sub- judge
or the District Judge. Appeals from a District Judge's ruling will be heard before the High Court.
The high court appoints and supervises judicial magistrates who carry out judicial duties. Any
member of the state judicial service serving as a judge in a civil court can be granted the powers
of a judicial magistrate of the first or second degree by the High Court. The Code of Criminal
Procedure, Section 11(3), was enacted in 1973.11
Judicial Magistrate of the second class- Judicial magistrates are appointed and overseen by the
high court.
a. Civil Courts
b. Criminal Courts
Judges who preside over District Courts are known as District Judges. Depending on the
caseload, additional District Judges and Assistant District Judges can be named. The High Court
hears appeals from District Court decisions.
1111
Securing the independence of the judiciary-the Indian experience
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At the village level, there are subordinate courts that have a forum for village-level alternative
dispute resolution.
2. TRIBUNALS:
The government has the authority under the Constitution to create special tribunals to deal with
particular issues such as taxes, property, and customer cases.12
3. APELLATE JURISDICTION:
A higher court's right to rehear or amend a case that has already been settled by a lower court.
The Supreme Court and the High Courts all have judicial jurisdiction in India. They will either
overturn or affirm lower court decisions.
I CIVIL COURTS:
Individuals who perform civil wrongs against other people or organisations will sue in civil court
for monetary compensation. Legal lawsuits include issues such as property claims, lease
breaches, and divorce. Civil courts apply the principle of Ubi jus ibi remedium (for every wrong
the law provides remedy). If any such provision expressly or implicitly prohibits it, federal courts
have jurisdiction over all civil cases.
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• The 1908 Code of Civil Procedure (CPC) governs the procedures that civil courts in India
shall follow while dealing with civil cases.
• All civil case must be brought through the court that has the least jurisdiction (the Munsif
court). It is decided if the court has the appropriate authority to hear the appeal when a
case is brought.
1. DISTRICT COURT:
The board of district judges is a district's highest civil court. It has both judicial and executive
authority. All civil and felony litigation are dealt with by the District Judge. They are known as
District and Sessions Judges as a result of this.
2. SUB-JUDGE COURT:
If the case is worth more than Rs. 1 lakh, it will be heard by the Sub-judge and Additional Sub-
judge courts.
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4. MUNSIF COURT:
A suit with a subject matter worth less than Rs. 1 lakh will be heard by the Munsif judge. The
Munsiff's Courts hear claims ranging in value from Rs. 1,000 to Rs. 5,000. (in case of some
specially empowered cases).
II CRIMINAL COURTS:
The legal structure in India relates to how laws are interpreted and applied. It examines the rights
and responsibilities in a variety of ways. As a consequence, a country's set of laws, as well as
how they are interpreted and applied, are essential. Criminal justice is a set of government
policies and institutions aimed at upholding civil order, deterring and mitigating violence, and
punishing people who violate the law by criminal penalties and recovery programmes. It is a
means of rehabilitating and executing offenders.13
• Many individuals convicted of committing a crime are protected from the misuse of
investigative and prosecutorial powers. The criminal justice systems in different parts of
the country vary significantly.
• The Code of Criminal Procedure specifies the authority of the numerous criminal courts
(CrPC).
• Any offence specified in the Indian Penal Code, according to Section 26 of the CrPC,
may be punished by:
1. High Courts
2. Courts of Session
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3. Any other court included in the Code of Criminal Procedure's First Schedule.
1.4. SUGGESTIONS:
The government must improve the working conditions of ordinary people. This is a positive
approach to have. Along with maintaining the rule of law, the government plans to improve the
country's justice system's pace and effectiveness, especially by imposing strict anti-gang and
anti-religious intimidation laws.
Here are a few suggestions for the reformation for the judiciary system in India.
1.5. CONCLUSION:
A three-tiered judicial system is necessary for a large country's judiciary, such as India's, to
function properly and provide equal justice to its people. Fresh conflicts arise every day,
necessitating the creation of a proper court hierarchy and authority to deal with them. Though
India's modern justice system has a number of benefits, the most important is that it has been
adopted by the country's people and is now considered an integral part of the country.
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1.6. BIBLIOGRAPHY:
• https://journals.sagepub.com/doi/full/10.1177/2322005817733566
• http://www.legalservicesindia.com/article/500/Judiciary-system-in-India.html
• http://www.legalservicesindia.com/article/1902/role-of-judiciary-in-strengthening-
pil.html
• NCERT class 12 Legal Methods
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