Indian Judiciary System: Public Law and Policies for Development

India is one of the richest country in culture, diversity, heritage, religion, language and known for great history, ruled under many kings and empires. Even it followed many rules and regulation under many emperors. As after India got independence the constitution work started with its member, where B.R Ambedkar (Indian Jurist) is head member of it. The constitution borrowed from several countries like USSR (Russia), United Kingdom, Untied States of America, and Australia. The India’s constitution was finally adopted and implemented on 26th January 1950. The fundamental duties and rights are put up in the constitution and followed strictly, where each one is to be obeyed and followed the law as well as the rights are given main priority to each citizen, that to be equally followed without any discrimination. The Indian Constitution enshrines the rule of law, and socio-economic justice for all its people; not only by granting and safeguarding for them civil and political liberties, but by mandating the state to strive, to promote the welfare of the people and secure for them a social order in which justice, social, economic and political shall inform all institutions of the national life. So, the constitution laid out with set of 448 articles, 25 Parts, 104 amendments, 12 fundamental duties, and 12 schedules this to be followed and respected by every citizen of India.

Under this the Indian Judicial system plays important role to protect and preserve the law as well as the citizen, if some citizen misused or abuse the law, harm the fundamental rights or misuses any article the person will punish under the law. So, certain charges being put up against the person he/she found guilty.

By all accounts, the judiciary, made lot of changes in many citizen life by bring the justice to them. And the laws and justice has performed well sustaining the trust of the people in its independence, fairness and impartiality. However, critics have faulted it for the enormous delay in adjudicating matters and the consequent problems in accessing justice for a large section of the people.

About Indian Judiciary

The drafting of constitution was based on the India’s diversity, religion and the people, as democratic country the rights and laws are well prepared, and given the equal rights to each citizens. As well as the people has to follow the laws correctly, if there is any misused on rights being done or any humanitarians crises practiced they will punish under the law. So, the Indian judicial system is well maintained to protect the rights for each individual and given equal access to the law to practices.

The Indian judiciary practice earlier in British rule, when the East India Company came to India. And set up main trading spot. In the towns of Bombay, Madras and Calcutta their central governing practice and central legislative council emerge. A uniform judicial system was established in the main states. To practices and perform law the Admiralty court was set up in Bombay. And Dr. St. John was appointed as the Judge Associate. The Instruction from British Crown been followed and directly given.

The British Parliament enacted a Regulating Act of 1773 to improve the state of affairs of the East India Company including the field of the administration of justice. The Company was made subject to the control of the British Government and Parliament. This marked the commencement of Parliamentary laws for regulating affairs of the Company which were regulated by Royal Charters. Later the establishment of Supreme Court in Calcutta, Bombay, and Madras made important step in field of administration. The qualified judges were appointed in this provinces. Later under British monarch the Government of India Act 1935 came up which is mainly for the constitutional measure which passed by the British Parliament and the federal system of government been changed. After the India’s independence the practices of laws and rules work started, and certain laws and articles being borrowed from several countries like USSR (Russia), United Kingdom, Untied States of America, and Australia. The government appointed certain members to draft the constitution, under B.R. Ambedkar (Indian Jurist) the drafting of the constitution began. On 26th January 1950 the Constitution of India came up, and Supreme Court came to existence. Under the constitution the laws are laid properly to protect the citizens equally the practices the law in well manner.

Indian Judicial system Classified Into Three Levels

Supreme Court of India

Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the constitution of India, to protect the rights and liberties of citizens, and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.  

The Indian constitution provides for a provision of the Supreme Court under Part 5 (The Union) and Chapter 6 titled The Union Judiciary. Indian Constitution has provided an independent judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.

Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 34 judges including the CJI. 

Article 124(2) states that every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of the High Courts in the states.

High Courts in India

The High Court stands at the head of the Judiciary in a State. As per Article 214, which states that there should be high court in each state. And the high court look into the matter of civil as well as criminal, ordinary as well as extraordinary and general as well as special jurisdiction.

The High Courts also enjoy extraordinary jurisdiction under Article 226 to issue various writs. Each High Court has supervisory power over subordinate courts under it. Each High Court, being a court of record enjoys the power to punish for its contempt as well as of its subordinate courts.

Subordinate Courts in India

The subordinate court is also known as the district courts which is the lower level of all the court. The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts. The subordinate court deal with civil and criminal cases.

At the lowest stage, the two branches of judicial system, civil and criminal, are bifurcated. The Munsiff's Courts which are the lowest civil courts have jurisdiction over claims from Rupees. 1,000 up to Rupees. 5,000 (in case of some specially empowered cases). Above the Munsiffs are Subordinate Judges. The District Judge hears first appeals from the decisions of Subordinate Judges and also from the Munsiffs (unless they are transferred to a Subordinate Judge) and he possesses unlimited original jurisdiction, both civil and criminal. Suits of a small value are tried by the Provincial Small Causes Courts. The District Judge is the highest judicial authority (civil and criminal) in the district since the enactment of the Code of Criminal Procedure, 1973.

So, the court perform various functions, where an individual can apply till the Supreme Court for justice if the citizen’s justice is not came favor, the citizen can appeal in any court in India. On the other hand, if any citizen not satisfied with the justice he/she can appeal in the highest court. As in the fundamental rights article 32 any person (even non-citizens) can directly approach the highest court.

Analysis and Criticism of Indian Judiciary

As per my view on the Indian Judicial system, it follow systematic procedure as with constitution laid out, the justice for each individual dealt with proper manner. And the citizen can appeal in any form of court if there any issues with is fundamental rights. The Indian judicial are tend protect the person rights and human rights as whole. Which means that it avoid any violation happen against the humanity. On the other side, the court also have different layers the civil, family, criminal courts and other general courts which plays important role in each state and districts. As per the constitution, the high court should be there in all the states, as well as the district court and practice in fair manner. On the other hand, the appointed of judges play vital role in the courts. Only the qualified person on that field selected. And the appointment are made through the President, Chief Justice of India, chief Justice of High Court, and the Governor. As well as the removal or impeachment of judges also strict in manner if the person misuses or violates any law or disturb other person rights will be removed by the same members. Though courts and judges play important role for having judicial precedent and follow systematic way. But certain areas the cases won’t delivery properly and certain times the case been delayed, on the other side the case won’t long much because of the corruption. And the vulnerable group people are also affected, where they don’t know about the fundamental rights due to this there rights violated by ordinary people in many areas.

The Indian judicial system is more democratic and sovereign, from the constitution of India the laws and rules are laid out to protect the humanity or to avoid any humanitarian crisis. So, for that courts established to punish and bring the justice to citizen, by providing them justice as per law. So certain time the courts delay the justice and many arrears, many pending cases also there, this causes lot of problems and many innocents citizens suffers a lot because of pending and they need to wait for the justice.

In both the Supreme Court and High Court there is high number of delayed case or pending cases, this are delayed because of the many cases been registered and certain are not considered properly by the judges. An estimate nearly 30 million cases are pending in court system, and 10-15 million cases being registered nearly or filled out. In year 50,000 cases been taken up in the Supreme Court yearly, mostly other cases been left out. So this are statistics about the pending cases. On the other hand, the delayed cases area also high due to political and other region, one of the main case that delayed almost many years was Nirbhaya case, Bhopal Gas Tragedy case and Anti-Sikh riot case. In one of the article, Majeed Menon, a senior advocate says that

'Inadequate number of judges ends up overburdening the legal system in our country. I have seen cases piling up year after year, gathering dust, with no judges present to deliver justice on time. I have always believed and asserted that delaying a case for an indefinite time is great injustice to the victims of a crime. Being a part of the system, I have always maintained that we must abide by our laws, but the system needs to speed up'. So, this was the reason the Menon pointed out how the judges are limited and not present to take the case and fought for it.

The Judicial Corruption in the Indian court affected many citizens as not got proper justice as under the law, due to many lawyers and judges are corrupted and certain politics activity behind it if any strong case put up. As per several records, it point out that 45 percent of Indian judiciary is corrupted. On the other hand the corruption lead to misuse of power and it lead to has for personnel gain where an innocent suffer if he/she didn’t committed any crime or break the law. In India there is large number of seats for lawyers and judges, as per the qualification and there area of interest the people go into that field, in this area the corruption is large many politicians and higher officials take bride amount for seats. So, this lead to major problem where a qualified person can’t get into this after clearing the Public exam. Many graduate students are affected and the many judges take advantage of it. So, this was also major problem in the Indian Judiciary due to corruption, major cases been delayed and not put up in the court.

In Indian Judicial system the bail is provided when an person commits a crime or break the law, it will be provided in order to the avoid the court, by giving fine. In many areas the bail being misused where many people commits serious crime the bail been used unnecessarily not found guilty. The innocents suffered a lot and can’t afford the anticipatory bail. On the other hand, the vulnerable group of people also affected where they don’t know about their fundamental rights and the police official charge them with serious offence if they didn’t commit any crime. Though they can’t afford it and don’t know about the system. And also the bail is misused by politicians used in their favors.

Conclusion

The Indian judiciary preserve and protect the law of each citizens, and punish the people who violate the law or rules. The Indian judiciary has three categories of courts, the Supreme Court, High court, and Subordinate court. Each has its own function to protect the law and provide all the need to the citizens by giving proper justice to people. In some areas the Indian Judiciary is affected with corruption, pending and delaying cases, so due to this it affected many citizens justice. On the other hand, the political activity also involved certain time which is negatively impact the law and justice.

So, to improve this the constitutional principal like laws, articles and duties need to be perform and follow properly and the articles and duties should respected, and people should know about the constitution and their rights and duties, so they can appeal in any court if something goes wrong or some misuse happen with their rights.

References

• Kachwaha, M. (1998). The Judiciary in India - Determinants of its Independence and Impartiality. Geneva, Switzerland: Centre for the Independence of Judges and Lawyers.
• MENON, N. M. (2008). Law And Justice : A Look At The Role And Performance Of Indian Judiciary. 2-4. Retrieved from http://southasia.berkeley.edu/sites/default/files/shared/events/2008_Indian_Democracy/Menon-LawANDJustice-ALook_.pdf.
• Sen, S. (2020, January 17). (V. Prabhakar, Editor) Retrieved from The Logical Indian : https://thelogicalindian.com/story-feed/awareness/indian-justice-system-delay-19973
• Singh, M. P. (2010). V.N. Shukla's Constitution of India (11th ed.). Eastern Book Company