Judiciary of India
Encyclopedia
The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law. The Constitution of India
is the supreme legal document of the country. There are various levels of judiciary in India — different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India
at the top, followed by High Courts
of respective states with district judges sitting in District Courts
and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.
, dating from the 400 BC, and the Manusmriti from 100 AD. In fact there existed two codes of laws one the Hindu code of laws and the other Muslim code of laws. They were influential treatises in India, texts that were considered authoritative legal guidance. Manusmriti's central philosophy was tolerance and pluralism. The Judiciary,]the Executive, and the Legislature were the same person the King or the Ruler of the Land. But the villages had considerable independence, and had their own panchayth
system to resolve disputes among its members. Only a bigger feud merited a trans village council. This tradition in India continued beyond the Islamic conquest of India
, and through to the Middle Ages. Islamic law "The Sharia
" was applied only to the Muslim
s of the country. But this tradition, along with Islamic law, was supplanted by the common law
when India became part of the British Empire
. The history of Modern Judicial System in India starts from there.
building complex which also housed both the Rajya Sabha
and the Lok Sabha
, also known as the Council of States and the House of the People, respectively. It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the Supreme Court for years that were to follow its creation, until the Supreme Court of India acquired its own building in 1958.http://www.supremecourtofindia.nic.in/history.htm
The inaugural proceedings were simple, but impressive. They began at 9.45 a.m. when the Judges of the Federal Court - Chief Justice Harilal J.Kania and Justices [Saiyid Fazl Ali], [M. Patanjali Sastri], [Mehr Chand Mahajan], [Bijan Kumar Mukherjea] and [S.R.Das] - took their seats. In attendance were the Chief Justices of the High Courts of Allahabad, Bombay, Madras, Orissa, Assam, Nagpur, Punjab, Saurashtra, Patiala and the East Punjab States Union, Mysore, Hyderabad, Madhya Bharat and Travancore-Cochin. Along with the Attorney General for India, Pankaj Singh Kushwah were present the Advocate Generals of Bombay, Madras, Uttar Pradesh, Bihar, East Punjab, Orissa, Mysore, Hyderabad and Madhya Bharat. Present too, were Prime Minister, other Ministers, Ambassadors and diplomatic representatives of foreign States, a large number of Senior and other Advocates of the Court and other distinguished visitors.
Taking care to ensure that the Rules of the Supreme Court were published and the names of all the Advocates and agents of the Federal Court were brought on the rolls of the Supreme Court, the inaugural proceedings were over and put under part of the record of the Supreme Court.
After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice. The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings - the East Wing and the West Wing - were added to the complex. In all there are 15 Court Rooms in the various wings of the building. The Chief Justice's Court is the largest of the Courts located in the Centre of the Central Wing.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three - coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.
The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India, as the sanctioned full strength. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.
The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.
The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.
The Supreme Court of India
is the highest court of the land as established by Part five, Chapter four of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of serious human rights violations or any petetion filed under Article 32 which is the right to constitutional remedies or if a case involves a serious issue that needs immediate resolution. The Supreme Court of India had its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.
has a backlog of 466 years according to its chief justice. This is despite the average processing time of four minutes and 55 seconds in the court. In Uttam Nakate
case, it took two decades to solve a simple employment dispute. However it need to be mentioned that the concept of backlogs doesn't describe the actual reason for some many cases lying in the courts. Rather the term "backlog" has been misused and the term "pendency" is the right word for describing the large number of cases pending in the courts today. As could be understood, the largest number of cases that are actually pending in the Indian Courts are that of minor Motor Vehicle Cases,( which evolves out of wrong parking, minor road accidents, not following traffic rules, etc. In this cases, the people involved are generally the drivers, who happen to carry 3-4 driving licences having different addressess. Thus, the actual address is never given to the police officer, due to which the accused couldn't be produced before the court for years at end and many times never.)petty crimes such as stealing ( in some cases the sum of money can be as low as 10 Rs.),abusing,insult,slap etc.It is a established fact which the Govt. of India accepts that there is 40 % shortage of judiacial staff. Opposition and ruling party's corrupt politcians profit from the delays in the system.
Corruption
is rampant in India's courts. According to Transparency International
, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
is the supreme legal document of the country. There are various levels of judiciary in India — different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
at the top, followed by High Courts
High Courts of India
India's unitary judicial system is made up of the Supreme Court of India at the national level, for the entire country and the 21 High Courts at the State level. These courts have jurisdiction over a state, a union territory or a group of states and union territories...
of respective states with district judges sitting in District Courts
District Courts of India
The District Courts of India are the district courts established by the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level...
and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.
History
Before the arrival of the British in India, India was governed by laws based on The ArthashastraArthashastra
The Arthashastra is an ancient Indian treatise on statecraft, economic policy and military strategy which identifies its author by the names Kautilya and , who are traditionally identified with The Arthashastra (IAST: Arthaśāstra) is an ancient Indian treatise on statecraft, economic policy and...
, dating from the 400 BC, and the Manusmriti from 100 AD. In fact there existed two codes of laws one the Hindu code of laws and the other Muslim code of laws. They were influential treatises in India, texts that were considered authoritative legal guidance. Manusmriti's central philosophy was tolerance and pluralism. The Judiciary,]the Executive, and the Legislature were the same person the King or the Ruler of the Land. But the villages had considerable independence, and had their own panchayth
Panchayati Raj
The panchayat raj is a South Asian political system mainly in India, Pakistan, and Nepal. "Panchayat" literally means assembly of five wise and respected elders chosen and accepted by the local community. Traditionally, these assemblies settled disputes between individuals and villages...
system to resolve disputes among its members. Only a bigger feud merited a trans village council. This tradition in India continued beyond the Islamic conquest of India
Muslim conquest in the Indian subcontinent
Muslim conquest in South Asia mainly took place from the 13th to the 16th centuries, though earlier Muslim conquests made limited inroads into the region, beginning during the period of the ascendancy of the Rajput Kingdoms in North India, from the 7th century onwards.However, the Himalayan...
, and through to the Middle Ages. Islamic law "The Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
" was applied only to the Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s of the country. But this tradition, along with Islamic law, was supplanted by the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
when India became part of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. The history of Modern Judicial System in India starts from there.
The Supreme Court of India
On the 28th of January, 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court of India was born. The inauguration took place in the Princes Chamber in the ParliamentParliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
building complex which also housed both the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
and the Lok Sabha
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...
, also known as the Council of States and the House of the People, respectively. It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the Supreme Court for years that were to follow its creation, until the Supreme Court of India acquired its own building in 1958.http://www.supremecourtofindia.nic.in/history.htm
The inaugural proceedings were simple, but impressive. They began at 9.45 a.m. when the Judges of the Federal Court - Chief Justice Harilal J.Kania and Justices [Saiyid Fazl Ali], [M. Patanjali Sastri], [Mehr Chand Mahajan], [Bijan Kumar Mukherjea] and [S.R.Das] - took their seats. In attendance were the Chief Justices of the High Courts of Allahabad, Bombay, Madras, Orissa, Assam, Nagpur, Punjab, Saurashtra, Patiala and the East Punjab States Union, Mysore, Hyderabad, Madhya Bharat and Travancore-Cochin. Along with the Attorney General for India, Pankaj Singh Kushwah were present the Advocate Generals of Bombay, Madras, Uttar Pradesh, Bihar, East Punjab, Orissa, Mysore, Hyderabad and Madhya Bharat. Present too, were Prime Minister, other Ministers, Ambassadors and diplomatic representatives of foreign States, a large number of Senior and other Advocates of the Court and other distinguished visitors.
Taking care to ensure that the Rules of the Supreme Court were published and the names of all the Advocates and agents of the Federal Court were brought on the rolls of the Supreme Court, the inaugural proceedings were over and put under part of the record of the Supreme Court.
After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice. The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings - the East Wing and the West Wing - were added to the complex. In all there are 15 Court Rooms in the various wings of the building. The Chief Justice's Court is the largest of the Courts located in the Centre of the Central Wing.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three - coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.
The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India, as the sanctioned full strength. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.
The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.
The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.
The Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
is the highest court of the land as established by Part five, Chapter four of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of serious human rights violations or any petetion filed under Article 32 which is the right to constitutional remedies or if a case involves a serious issue that needs immediate resolution. The Supreme Court of India had its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.
List of Judges of the Supreme Court of India
List of Judges of the Supreme Court of India as on 1st February 2011.| Sr. No | Name of the Judge S/Shri Justice | Date of Appointment | Date of Retirement | Parent High Court |
|---|---|---|---|---|
| 1 | SAROSH HOMI KAPADIA | 2003-12-18 | 2012-09-29 | CJI W.E.F. 2010-5-12 (BOMBAY) |
| 2 | ALTAMAS KABIR | 2005-09-09 | 2013-07-19 | CALCUTTA |
| 3 | R V RAVEENDRAN | 2005-09-09 | 2011-10-15 | KARNATAKA |
| 4 | DALVEER CHAND BHANDARI | 2005-10-28 | 2012-10-01 | DELHI |
| 5 | DEVINDER KUMAR JAIN | 2006-04-10 | 2013-01-25 | DELHI |
| 6 | MARKANDEYA KATJU | 2006-04-10 | 2011-09-20 | ALLAHABAD |
| 7 | HARJIT SINGH BEDI | 2007-01-12 | 2011-09-05 | PUNJAB AND HARYANA |
| 8 | V S SIRPURKAR | 2007-01-12 | 2011-08-22 | BOMBAY |
| 9 | P SATHASIVAM | 2007-08-21 | 2014-04-27 | MADRAS |
| 10 | GANPAT SINGH SINGHVI | 2007-11-12 | 2013-12-12 | RAJASTHAN |
| 11 | AFTAB ALAM | 2007-11-12 | 2013-04-19 | PATNA |
| 12 | JAGDISH MADHURLAL PANCHAL | 2007-11-12 | 2011-10-06 | GUJARAT |
| 13 | Dr. MUKUNDAKAM SHARMA | 2008-04-09 | 2011-09-18 | GAUHATI |
| 14 | CYRIAC JOSEPH | 2008-07-07 | 2012-01-28 | KERALA |
| 15 | ASOK KUMAR GANGULY | 2008-12-17 | 2012-02-03 | CALCUTTA |
| 16 | RAJENDRA MAL LODHA | 2008-12-17 | 2014-09-28 | RAJASTHAN |
| 17 | H L DATTU | 2008-12-17 | 2015-12-03 | KARNATAKA |
| 18 | DEEPAK VERMA | 2009-05-11 | 2012-08-28 | MADHYA PRADESH |
| 19 | DR. BALBIR SINGH CHAUHAN | 2009-05-11 | 2014-07-02 | ALLAHABAD |
| 20 | ANANGA KUMAR PATNAIK | 2009-11-17 | 2014-06-03 | ORISSA |
| 21 | TIRATH SINGH THAKUR | 2009-11-17 | 2017-01-04 | JAMMU AND KASHMIR |
| 22 | K S PANICKER RADHAKRISHNAN | 2009-11-17 | 2014-05-15 | KERALA |
| 23 | SURINDER SINGH NIJJAR | 2009-11-17 | 2014-06-07 | PUNJAB |
| 24 | SWATANTER KUMAR | 2009-12-18 | 2012-12-31 | DELHI |
| 25 | CHANDRAMAULI KUMAR PRASAD | 2010-02-08 | 2014-07-15 | PATNA |
| 26 | HEMANT LAXMAN GOKHALE | 2010-04-30 | 2014-03-10 | BOMBAY |
| 27 | GYAN SUDHA MISRA | 2010-04-30 | 2014-08-28 | PATNA |
| 28 | ANIL RAMESH DAVE | 2010-04-30 | 2016-11-19 | GUJRAT |
| 30 | ||||
| 31 | ||||
Issues
Indian courts have large backlogs. For instance, the Delhi High CourtDelhi High Court
The High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.-History:...
has a backlog of 466 years according to its chief justice. This is despite the average processing time of four minutes and 55 seconds in the court. In Uttam Nakate
Uttam Nakate
Uttam was a Helper. He was caught napping on the job, yet the court did not grant the company the right to fire him.His case highlights the problems of Indian labour laws. After five-month-long disciplinary hearings, the company fired him in January 1984...
case, it took two decades to solve a simple employment dispute. However it need to be mentioned that the concept of backlogs doesn't describe the actual reason for some many cases lying in the courts. Rather the term "backlog" has been misused and the term "pendency" is the right word for describing the large number of cases pending in the courts today. As could be understood, the largest number of cases that are actually pending in the Indian Courts are that of minor Motor Vehicle Cases,( which evolves out of wrong parking, minor road accidents, not following traffic rules, etc. In this cases, the people involved are generally the drivers, who happen to carry 3-4 driving licences having different addressess. Thus, the actual address is never given to the police officer, due to which the accused couldn't be produced before the court for years at end and many times never.)petty crimes such as stealing ( in some cases the sum of money can be as low as 10 Rs.),abusing,insult,slap etc.It is a established fact which the Govt. of India accepts that there is 40 % shortage of judiacial staff. Opposition and ruling party's corrupt politcians profit from the delays in the system.
Corruption
Corruption in India
Political, bureaucratic, corporate and individual corruption in India are major concerns. A 2005 study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices...
is rampant in India's courts. According to Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...
, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".
E-Courts Mission Mode Project
The E-courts project was established in the year 2005.. According to the project, all the courts including taluk courts will get computerized. As per the project in 2008, all the District courts were initialized under the project. In 2010, all the District court were computerized. The entry of back log case has started. The IT department had one system officer and two system assistants in each court. They initiated that the services in the Supreme Court in June 2011. The case lists of most district courts are available in http://lobis.nic.in. This website is updated daily. Now the establishment work is going on taluk courts. The project also include producing witnesses through video conference. Filing cases, proceedings, and all other details will be in computers.Jurisdiction and Seat of High Courts of India
| Name | Year of Establishment | Jurisdiction | Seats |
|---|---|---|---|
| Allahabad | 1866 | Uttar Pradesh | Allahabad(Bench at Lucknow) |
| Andhra Pradesh | 1956 | Andhra Pradesh | Hyderabad |
| Bombay | 1862 | Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu | Mumbai(Benches at Nagpur, Panaji and Aurangabad) |
| Calcutta | 1862 | West Bengal | Calcutta(Circuit Bench at Port Blair) |
| Chhattisgarh | 2000 | Chhattisgarh | Bilaspur |
| Delhi | 1966 | Delhi | Delhi |
| Guwahati | 1948 | Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh | Guwahati(Benches at Kohima, Aizwal, Itanagar &Imphal.Circuit Bench at Agartala &Shillong) |
| Gujarat | 1960 | Gujarat | Ahmedabad |
| Himachal Pradesh | 1971 | Himachal Pradesh | Shimla |
| Jammu &Kashmir | 1928 | Jammu &Kashmir | Srinagar &Jammu |
| Jharkhand | 2000 | Jharkhand | Ranchi |
| Karnataka | 1884 | Karnataka | Bangalore |
| Kerala | 1958 | Kerala &Lakshadweep | Ernakulam |
| Madhya Pradesh | 1956 | Madhya Pradesh | Jabalpur(Benches at Gwalior and Indore) |
| Madras | 1862 | Tamil Nadu & Pondicherry | Chennai (Bench at Madurai) |
| Orissa | 1948 | Orissa | Cuttack |
| Patna | 1916 | Bihar | Patna |
| Punjab & Haryana | 1975 | Punjab,Haryana &Chandigarh | Chandigarh |
| Rajasthan | 1949 | Rajastan | Jodhpur(Bench at Jaipur) |
| Sikkim | 1975 | Sikkim | Gangtok |
| Uttarakhand | 2000 | Uttarakhand | Nainital |