Public Grievance

The Indian Judicial System is the backbone of the country's legal and democratic framework. It is designed to uphold the rule of law, protect the fundamental rights of citizens, resolve disputes, and ensure justice and fairness in society. The Indian judiciary is based on the principles of independence, impartiality, and transparency, and follows a hierarchical structure.

Key Features of the Indian Judicial System:

1. Single Integrated Judicial System:
   1. India has a single unified judicial system for both the Union and the states. This means that laws and judicial decisions are consistent across the country, with a common set of laws applying uniformly.
2. Independence of the Judiciary:
   1. The judiciary in India is independent from the executive and legislative branches of government. This independence is guaranteed by the Constitution to ensure that the judiciary can act without any external influence and deliver impartial judgments.
3. Hierarchy of Courts:
   1. The Indian judicial system is organized hierarchically, with the Supreme Court at the top, followed by High Courts at the state level, and District and Subordinate Courts at the local level.
4. Judicial Review:
   1. The judiciary has the power of judicial review, which enables it to review and invalidate laws or executive actions that violate the Constitution or exceed legal limits.

Hierarchy of Courts in India:

1. Supreme Court of India:
   1. Established: January 26, 1950.
   2. Location: New Delhi.
   3. Composition: Chief Justice of India (CJI) and a maximum of 33 judges.
   4. Jurisdiction:
      1. Original Jurisdiction: Hears cases directly involving disputes between states, or between the Union and states, and cases involving fundamental rights violations.
      2. Appellate Jurisdiction: Hears appeals from High Courts and lower courts in civil, criminal, and constitutional matters.
      3. Advisory Jurisdiction: The President of India can seek the Supreme Court’s opinion on legal matters of public importance (Article 143).
      4. Writ Jurisdiction: Can issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) to protect fundamental rights (Article 32).
2. High Courts:
   1. Number: 25 High Courts in India.
   2. Jurisdiction: Each High Court has jurisdiction over one or more states or union territories.
   3. Powers:
      1. Original Jurisdiction: In matters such as writ petitions, divorce cases, and disputes relating to election petitions.
      2. Appellate Jurisdiction: Hears appeals from subordinate courts in civil, criminal, and constitutional matters.
      3. Writ Jurisdiction: High Courts can issue writs under Article 226 of the Constitution.
   4. Role: The High Courts oversee and supervise the functioning of the lower courts within their jurisdiction.
3. District Courts:
   1. Composition: Each district has a District Court headed by a District Judge.
   2. Jurisdiction: District Courts handle civil and criminal cases within a district.
   3. Role: District Courts are the primary courts for handling both civil and criminal matters and serve as the first level of appeal from subordinate courts.
4. Subordinate Courts:
   1. Civil Courts: Includes courts of Civil Judges (Junior and Senior Divisions) that handle civil disputes based on the value of the claim.
   2. Criminal Courts: Includes courts of Chief Judicial Magistrate, Judicial Magistrate, and Metropolitan Magistrate that handle criminal cases of varying severity.
   3. Special Courts: Includes Family Courts, Consumer Courts, CBI Courts, Juvenile Justice Boards, and others established for specific purposes.

Key Functions and Powers of the Judiciary:

1. Upholding the Constitution:
   1. The judiciary is the guardian of the Constitution and ensures that all laws and actions are consistent with constitutional principles.
2. Interpreting Laws:
   1. The judiciary interprets and clarifies the meaning of laws passed by the legislature. Courts often use precedents set by higher courts as a basis for their decisions.
3. Judicial Review:
   1. The judiciary has the power to review laws and executive orders to determine their constitutionality. If a law or action is found to violate the Constitution, the judiciary can invalidate it.
4. Protection of Fundamental Rights:
   1. The judiciary plays a critical role in protecting the fundamental rights of citizens. Both the Supreme Court (under Article 32) and High Courts (under Article 226) can issue writs to enforce fundamental rights.
5. Dispute Resolution:
   1. The judiciary resolves disputes between individuals, organizations, and government entities by applying legal principles and precedents.

Appointment and Removal of Judges:

1. Appointment of Judges:
   1. Supreme Court Judges: Appointed by the President of India based on the recommendation of the Collegium System, which comprises the Chief Justice of India and senior Supreme Court judges.
   2. High Court Judges: Appointed by the President based on the recommendations of the High Court Collegium and in consultation with the Governor of the state.
   3. District Judges: Appointed by the respective state governments, usually through state judicial services examinations or by promotion.
2. Removal of Judges:
   1. Judges of the Supreme Court and High Courts can be removed from office only by an order of the President, passed after a two-thirds majority in both Houses of Parliament, on grounds of proven misbehavior or incapacity. This process is known as impeachment.

Public Interest Litigation (PIL):

1. The concept of Public Interest Litigation (PIL) allows individuals or organizations to approach the judiciary on behalf of the public interest. PILs enable the courts to address social issues, environmental concerns, human rights violations, and other matters affecting the larger community, even if the litigant is not personally affected.

Types of Writs Issued by Courts:

1. Habeas Corpus: To produce a person unlawfully detained before the court.
2. Mandamus: To direct a public official or authority to perform their duty.
3. Prohibition: To prohibit a lower court from exceeding its jurisdiction.
4. Certiorari: To quash an order or decision of a lower court.
5. Quo Warranto: To challenge the legality of a person’s claim to a public office.

Challenges Faced by the Indian Judiciary:

1. Backlog of Cases:
   1. A significant challenge is the huge backlog of cases pending at various levels of courts, leading to delays in delivering justice.
2. Access to Justice:
   1. While efforts have been made to make the judiciary accessible, many citizens face difficulties due to complex procedures, high costs, and geographical barriers.
3. Inadequate Infrastructure:
   1. Many courts, especially at the lower levels, face challenges related to inadequate infrastructure, lack of modern facilities, and insufficient manpower.
4. Allegations of Corruption:
   1. Allegations of corruption and favoritism, particularly in lower courts, continue to pose challenges to the credibility of the judiciary.
5. Judicial Overreach:
   1. Concerns have been raised about instances of judicial overreach, where courts are perceived to have overstepped their boundaries and intervened in matters beyond their jurisdiction.

Recent Reforms and Initiatives:

1. E-Courts Project:
   1. The E-Courts Project aims to digitize court records and improve the efficiency of court proceedings. Online case management systems and virtual hearings have been introduced to reduce delays and improve transparency.
2. Fast-Track Courts:
   1. Fast-Track Courts have been set up to expedite cases involving heinous crimes, sexual offenses, and cases against women and children.
3. Alternative Dispute Resolution (ADR):
   1. The judiciary encourages Alternative Dispute Resolution (ADR) methods like mediation, arbitration, and conciliation to resolve disputes outside the courtroom and reduce the burden on regular courts.

Conclusion:

The Indian Judicial System is one of the pillars of Indian democracy, upholding the Constitution and the rule of law. Despite challenges like case backlogs and accessibility, the judiciary plays a vital role in ensuring justice, protecting citizens’ rights, and interpreting and upholding the laws of the land. Continuous reforms, adoption of technology, and maintaining transparency are essential to strengthening the effectiveness and credibility of the Indian judicial system.