INDIAN JUDICIARY SYSTEM

 Haanji

        We always hear that the court has made this decision, the court has made that decision but Have u ever thought about how the Judiciary System works in our country? Have u ever imagined that how decisions are made to provide justice to the common people? or Have you ever imagine, How Judiciary System come into existence? or What will happen if Judiciary System does not exist? So let's get our answers through this Blog. I hope you will enjoy reading it. Happy Reading. 🙂

WHAT IS THE JUDICIARY SYSTEM?

    The judiciary is a judicial system that listens to and interprets legal cases, tries to defend, and applies the law.

INDIAN JUDICIARY SYSTEM:

    The Legislative, Executive, and Judiciary are the three pillars of the Indian Constitution, as we all know. The Indian Judiciary, as an independent organization, is considered one of the most strong pillars among these three.

    The Indian judge operates a common law system, which codifies the laws of the land with customs, securities, and laws. It has indeed been a legacy of the legal system established since the mid-19th century by then colonial powers and princely states and has retained some of the features of ancient and medieval practices.

    Unlike in the past, when civil servants were also part of the legal system, the Indian judicial system is managed and administered entirely by judicial officials. The term "judicial service" refers to a service comprised solely of individuals destined to fill the position of district judge and other civil judicial positions inferior to that of the district judge. The governor shall, on the recommendation of the High Court, appoint the judges of the Subordinate Judiciary. The President of India appoints judges to the High Courts and the Supreme Court on the advice of a collegium.

HOW HAS THE JUDICIARY SYSTEM COME TO EXISTENCE, A LITTLE HISTORY?

    The first English jury trial in India took place in Madras (now Chennai) in 1665, when Ascentia Dawes, a British woman, was charged by a grand jury with the murder of her slave girl, but she was found not guilty by a petty jury made up of six Englishmen and six Portuguese. With the expansion of the East India Company empire in India, the jury system was implemented within a dual system of courts: in the Presidency Towns (Calcutta, Madras, Bombay), there were Crown Courts, where juries had to judge British and European people (as a privilege) and in some cases Indian people in criminal cases; and in the territories outside the Presidency Towns called "Mofussil" where we had to judge British and European people (as a privilege)

    At the time of independence, the legislative body of independent India was the forge where a document would guide the new nation for being forged. It was up to B. R. Ambedkar's insightful legal mind to amend the constitution for the newly independent nation. The Indian Bar Council played a significant role in the Independence movement, as evidenced by the fact that the movement's tallest leaders across the political spectrum were lawyers. Jawaharlal Nehru, the new nation's first leader, and M. K. Gandhi, its parental figure, were both excellent lawyers. Perhaps it was this newfound awareness of the law and its relationship to society that inspired the founding fathers to dedicate the time and resources necessary to draft a New constitution of incredible scope and length.

    In all matters executive, legislative, and judicial in India, the Constitution serves as the guiding light. It is comprehensive and delicate in nature. The Constitution shifted the focus of the system, which was originally designed to protect colonial and imperial interests in India, firmly to social welfare. The Constitution, both explicitly and by judicial interpretation, aims to empower society's most vulnerable citizens.

    As a result of the common law system, India possesses organic law. This has been fine-tuned for Indian conditions through judicial rulings and legislative action. Though undertaken independently, the Indian legal system's shift to a social justice perspective can be seen to reflect trends in other common law jurisdictions. 

    The Indian legal system has grown from a colonial master's illusion to a key component of the world's largest democracy and a critical battleground in the fight to protect constitutional rights for all citizens.

HIERARCHY OF COURTS:

Supreme Court:

    Original, review and advisory jurisdiction are all exercised by the Supreme Court. Any dispute between the Centre and States, or between States, as well as situations involving the protection of individuals' basic rights, fall under its exclusive original jurisdiction. In both civil and criminal proceedings, the Supreme Court's appeal authority can be requested by a certificate issued by the High Court involved in respect of any judgment, decree, or final decision of a High Court involving important problems of law as to the interpretation of the Constitution. The judgments of the Supreme Court are binding on all courts and tribunals in the country and serve as a standard for lower courts. All Indian courts are required to obey the Supreme Court's decision as to the rule of law under Article 141 of the Constitution.

High Courts:

    The jurisdiction of high courts extends to the states in which they are located. In India, there are currently 23 High Courts. The Bombay High Court, Guwahati High Court, and Punjab and Haryana High Courts, on the other hand, have jurisdiction over many states. 

    The Bombay High Court, for example, is located in Mumbai, the state capital of Maharashtra. Its authority, on the other hand, extends to the states of Maharashtra and Goa, as well as the Union Territories of Dadra and Nagar Haveli. The majority of High Courts have only written and appeals court, while a few have original jurisdiction and can try cases. 

    All the lower courts of the State over which it has jurisdiction shall be bound by decisions of the High Court.

District Courts:

        In India, District Courts handle judicial disputes at the local level. These courts, which are chaired by a judge, are overseen administratively and judicially by the High Courts of the states to which the District belongs. The District Courts are subject to the High Courts in their respective jurisdictions. 

    The High Court of the State hears all civil appeals from the District Courts. At this level, numerous subordinate courts work under the District Courts. There is a Civil Judge's court as well as a Chief Judicial Magistrate's court. The former is in charge of civil cases, while the latter is in charge of criminal cases and offenses.

Lower Courts:

    Lower courts (below the District Courts) are known as Munsif's Courts and Small Causes Courts in several states. These courts only have original jurisdiction and can only hear cases involving a modest sum of money. As a result, a complaint filed in the Presidency Small Causes Courts that seeks more than Rs 2,000 will be dismissed. Civil courts, on the other hand, have unrestricted monetary jurisdiction in some states. 

    The performance of judicial officials in these courts is determined through competitive examinations given by the several State Public Service Commissions.

Tribunals:

    Special courts or tribunals exist to provide effective and quick justice, particularly in administrative situations, as well as to provide specialized knowledge in specific types of disputes. In India, these tribunals have been established to investigate a variety of serious issues. The following tribunals deserve special attention:

• Debts Recovery Tribunal
• Income Tax Appellate Tribunal
• Central Excise and Service Tax Appellate Tribunal
• Railways Claims Tribunal
• Central Administrative Tribunal
• Appellate Tribunal for Electricity
• Intellectual Property Appellate Tribunal, Chennai

Rent cases are decided by the Rent Controller, Family Courts try divorce and child custody matters, Consumer Tribunals handle consumer concerns, Industrial Tribunals or Courts settle labor conflicts, Tax Tribunals try tax matters, and so on.

WHY DO WE NEED THE JUDICIARY? OR WHAT WILL HAPPEN IF THE JUDICIARY DOEST EXIST?

    In any community, conflicts will inevitably emerge between people, groups, and individuals or groups and the government. All such issues must be resolved by an independent authority following the rule of law premise. The concept of the rule of law indicates that all people, rich and poor, men and women, forward and backward castes, are subject to the same rules. 

    The judiciary's primary responsibility is to uphold the rule of law and preserve its supremacy. Individual rights are protected, disagreements are resolved according to the law, and democracy does not give way to individual or group rule. To be able to achieve all of this, the court must be free of political influence.

WHY IS IT IMPORTANT FOR DEMOCRACY TO HAVE AN INDEPENDENT JUDICIARY? 

    Judicial independence protects the rights and privileges guaranteed by a restricted constitution by preventing executive and legislative infringement on such rights. 

    It serves as a foundation for democracy and the rule of law. All authority and power must derive from a supreme source of law, according to the rule of law. 

    The courts and their personnel are free from improper meddling in the activities of the judiciary under an independent judicial system. The judiciary may guarantee people's rights and liberties with this independence, ensuring equal protection for all.

HOW CAN THE JUDICIARY’S INDEPENDENCE BE ENSURED AND PROTECTED?

    Many provisions in the Indian Constitution safeguard the independence of the judiciary. In the process of appointing judges, the legislature is not involved. As a result, it was assumed that party politics would not play a role in the appointment process. To be appointed as a judge, a person must have prior legal experience and be well-versed in the law. Appointments to the courts should not be based on a person's political beliefs or loyalty to a political party.

    Judges are appointed for a set period. They stay in office until they reach retirement age. Judges can only be removed in extreme circumstances. They do, however, enjoy tenure security. Judges can act without fear or favor if they have secure tenure. The Constitution establishes a lengthy procedure for removing judges. The framers of the Constitution considered that a tough removal procedure would provide the members of the judiciary with a sense of confidence in their positions.

    The judiciary is financially independent of the executive and legislative branches. The incomes and allowances of judges are not subject to legislative approval, according to the Constitution. The judges' acts and decisions are not subject to personal criticism. Those who are found guilty of contempt of court might be punished by the courts. This court's power is viewed as an effective shield for judges from unwarranted criticism. Parliament is prohibited from discussing the conduct of judges unless a process to remove a judge is in progress. This gives the judiciary independence to adjudicate without the worry of being questioned or criticize.

WHAT ARE THE FUNCTIONS OF THE JUDICIARY AND HOW IMPORTANT ARE THEY?

1. To Give Justice to the people: The judiciary's primary and most important responsibility is to provide justice to the people whenever they seek it. It punishes those who are found guilty of breaking state or national laws or breaching people's rights after a trial. 
2. Interpretation and Application of Laws: Clarifying and applying laws to individual instances is one of the key functions of the courts. The judges understand and apply laws when they decide the cases that come before them. Every legislation requires a proper interpretation before it can be applied to a specific situation. The judges are in charge of this task. The law is only as good as the judges' interpretation of it. 
3. Role in Law-making: Legislative action is also a part of the judiciary. The decisions of the courts determine the significance, character, and scope of the legislature's laws. The law's interpretation by the judiciary is like legislation since the law is defined by these interpretations. In addition, 'the decisions of the higher courts of records are binding on the lower courts. Later based on decisions taken by the Higher Courts, the latter may decide before them. Judicial decisions are a source of legislation.
4.  Equal Law Enactment: Judges rely on their sense of justice, fairness, impartiality, honesty, and knowledge to decide matters where a law is silent or ambiguous or appears to be conflicting with another law of the land. Such judgments almost invariably require the enactment of legislation. It's commonly referred to as equity legislation.
5.  Protection of Rights: The greatest responsibility for protecting people's rights lies with the court. When the government, private groups, or other citizens violate or threaten to violate a person's rights, the citizen has the right to seek judicial protection. In all of these circumstances, it is the judiciary's role to preserve the people's rights. 
6. Guardian of the Constitution: The judiciary serves as the Constitution's watchdog. The Constitution is the supreme law of the land, and the judiciary is charged with interpreting and protecting it. For this aim, the judiciary can conduct a judicial review of any statute to determine if it complies with the constitution's word and spirit. If a statute is deemed to be ultra vires (unconstitutional), it is overturned by the courts and becomes unenforceable in the future. The power of judicial review refers to the court's ability to exercise this authority.
7. The ability to enforce its decisions and judgments: The judiciary has the authority to not only issue judgments and resolve disputes, but also to have those judgments and decisions enforced. It has the authority to order the executive to carry out its decisions. It can summon anyone and learn the truth directly from them.
8. Special Role in a Federation: In a federal system, the judiciary also serves as the defender of the constitution and the mediator of conflicts between the central government and the states. It serves as a neutral and independent judge between the federal government and state governments, as well as between states. The judiciary resolves all legal center-state issues.
9. Running of the Judicial Administration: The judiciary is not a government department. It is unaffected by either the legislature or the executive branch. It is a distinct and autonomous organ with its structure and authority. It has the authority to determine the nature of the state's judicial system. It establishes and enforces its own set of regulations. 
10.  Advisory Functions: Frequently, the courts are tasked with providing advisory opinions to the rulers on any legal issue. For example, the President of India has the authority to refer any subject of law or fact of public concern to the Supreme Court.
11. To Conduct Judicial Inquiries: Judges are frequently asked to lead Enquiry Commissions tasked with investigating major situations allegedly caused by government or public servant errors. Commissions of inquiry, sometimes led by a single judge, are formed to look into serious and complex issues and concerns.
12.  Miscellaneous Functions: Aside from the core activities listed above, the judiciary also conducts several other tasks. The appointment of certain municipal court officials, as well as the selection of clerical and other personnel, are examples of such functions. Cases involving the grant of licenses, patents, and copyrights, the appointment of guardians and trustees, the admission of wills, the appointment of trustees to look after the property of minors, the issue of administering the estates of deceased persons, the appointment of receivers, marriage and divorce cases, and the election petitions, etc. Each state's judiciary plays a significant role in all of these functions. It also contributes to the formation of the Constitution by exercising its right to interpret and protect it against legislative and executive excesses. 

DO YOU THINK, INDIAN JUDICIARY IS CORRUPT?

    Corruption is a social disease that has resulted in the miscarriage of justice and basic human rights to many people by creating unfair and impartial trials. Judicial corruption is the misuse of entrusted power for personal benefit, and it is a threat to society since it disrupts society's functioning and negates the impact of the law on citizens. 

Judicial corruption can be divided into two categories:

        (a) Political involvement in judicial proceedings, which refers to politicians with significant power to manipulate the court system. 

        (b) Bribery is defined as the act of giving or receiving money in exchange for a favor or an unfair advantage.

    The legal brotherhood, however, understands its functioning more clearly at various levels and is aware of the malice of corruption that has slipped into the judicial system. The judiciary, like the other pillars of democracy, appears to have maintained.

    For the very first time in India, a serving High Court judge, Honourable Justice C S Karnan, was sent to six months in prison in May 2017 after an SC panel found him guilty of contempt of court for bringing charges of corruption against Supreme Court judges. The Central Bureau of Investigations (CBI) made direct allegations of corruption against a sitting judge of the Allahabad High Court's Lucknow bench in December last year when it charged Honourable Justice Narain Shukla with receiving an illegal reward for allegedly supporting a medical college in a case.

Corruption and bribery in the lowest ranks of the judiciary continue to be exposed regularly around the country, adding to the negative narrative about the court.

    For instance, In Telangana, three lower court judges were detained in April 2018 for having assets that were inappropriate to their known sources of income. Similarly, during their appointment at Vapi court in Gujarat in 2014, two lower court judges were detained for allegedly collecting money to settle cases. Four sitting Supreme Court judges held a press conference in January 2018 to call attention to suspected corruption in the court.

HOW TO STOP CORRUPTION IN THE JUDICIARY SYSTEM?

Suggestive Reforms

    There are a lot of reforms that can be done to establish a corruption-free judiciary and to discourage current practices, which includes:

1. Increase the number of judges, as this will accelerate up the procedure and allow citizens to receive quick justice.

2. Judicial monitoring is made public so that the courts can be held accountable.

3. In 1996, the Conference of Chief Justices made an endeavor, that resulted in the adoption of a code of conduct by a full court meeting of the Supreme Court under "Restatement of Values of Judicial Life."

4. The management of court records should be improved, and courts should be equipped with technology so that all legal documents and cases are updated online, digitally daily; this will improve transparency.

5. Judges should be given financial assistance so that they do not fall prey to bribes. Any economic weakness should be eradicated.

The present system is broken and needs to be fixed; corruption must be eradicated at all costs, judges are given enormous power, which must not be abused, and the country urgently requires legislation that balances the authority and independence of the judiciary. Judges should not bow down to the media, military, religions, money, or the media because they are equalizers. They should always uphold the rule of law and be on the side of justice. 

LOOPHOLES IN INDIAN JUDICIARY?

    Just as in every developing country, there are many legal loopholes in India's judicial system that hide the corrupt nature of the protectors of the law. One of the biggest flaws is that the constitution makes no provision for filing a case against a judge accused of corruption without the authorization of the Chief Justice. Because a poor man cannot afford to travel to the Chief justice and then register the FIR. Judges are rarely questioned on the nature of justice since they do what they think is best for them based on their legal expertise and convenience.

    Legal faith is widely used in judicial circles to speak of corruption. But even the Fraternity was not ready to launch grave corruption charges against one of the highest judges of the Supreme Court of India and the next, Honorable Justice N V Ramana. For the charges were brought by the Chief Minister for Andhra Pradesh, YS Jaganmohan Reddy, who was another constitutional officer.

PROBLEMS WITH THE INDIAN JUDICIAL SYSTEM:

    The Indian judicial system has many problems, despite the independence of the judiciary from the administrative and the legislative bodies. We are now going to talk about a few issues facing the Indian judiciary. 

The main questions confronting the Indian judiciary are:

• The pendency of cases.
• Corruption.
• There is a lack of communication and contact between people and courts.
• Under trials of the accused.
• Lack of transparency (in the appointment of judges in particular).

WHAT ARE THE IMPROVEMENTS IN OUR INDIAN JUDICIARY SYSTEM THAT WE STILL WANT?

• Increase the strength of the judiciary
• Proper modernization of courts
• Introduction of fast track courts
• To do away with the archaic laws
• Non-acceptance of flippant cases
• Improve District Courts
• Court management
• Case management
• Infrastructure
• Merit appointment
• Better investigation
• Hierarchy reduction

CONCLUSION:

    Disputes have been going on for a long time in India concerning the judiciary system. In this context, the judiciary is regarded as one of the most important pillars. There have been many reforms of the 70 years of the judicial system. Regardless of these reforms, a lot still needs to be developed. An efficient and effective judicial system is probably the important thing for humanity. As the judicial system of India does not appear to be very effective, reforms are required. Approximately 46 percent of all court cases comprise policy litigation. The PMO thus leads the judicial review and national legal strategy under the guidance of the Ministry of Law.

    Other judicial changes in our country are desperately needed. A stable and effective resolution and delivery mechanism of conflicts would attract additional foreign investors and is essential not only to social security but also to economic prosperity. Things are changed, and nowadays people work 24 hours a day. But the Indian judiciary is still functioning early. Summer vacations, winter vacations, and even more leaves. It's not appropriate to bear the burden of three crore backlogs. A quick-track judiciary needs to be put on track so that crucial proceedings can be brought before the Supreme Court immediately without time being wasted.

    so what are your views on this topic, let me know, comment below. ✌️