A Brief post about Indian Judicial System

A Brief post about Indian Judicial System

Indian Judicial System

The Indian constitution mentions an Integrated Judicial System, derived from the Government of India Act, 1935. Part V and Part VI of the Constitution related to the Union and State Governments also deals with the judicial set-up of India.

  The Integrated Judicial System places Supreme Court at the top and the high court below it, followed by a hierarchy of Subordinate courts, i.e. the District Courts and other Lower Courts. The Judiciary has a unique position in the constitution and serves as an independent and impartial authority to adjudicate on the disputes between the Centre and the state/States or between the States. Judiciary is a part of the democratic political structure of the country accountable to the Constitution, to the democratic traditions and to the people of the country.

The Supreme Court

The Supreme Court of India succeeded the federal court of India, establishment under the Government of India Act, 1935. It was inaugurated on 28th January, 1950. During British period, the highest court of appeal used to be the Privy Council, but after independence Supreme Court replaced, the Privy Council as highest court of appeal. Articles 124 to 147 in part V of the Constitution deal with the organization, independence, Jurisdiction, powers, procedures etc of the Supreme Court. The proceedings of the Supreme Court are mainly in English and the procedure is regulated by the Supreme Court Rules, 1966.

Judicial Independence

The Constitution seeks to ensure the Independence of the Judges of the Supreme Court in various ways. Judges are generally appointed on the basis of seniority and not on political preference. A judge of the Supreme Court cannot be removed from office expect by an order of the President passed after an address in each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting and presented to the President in the same session for such removal on the grounds of proved misbehavior or incapacity.

See also  Advocates and Seat of the Supreme Court

The salary and allowances of a Judge of the Supreme Court cannot be reduced after his/her appointment. A person who has been a judge of the Supreme Court is debarred from practising in any Court of law or before any other authority in India.      

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