India is a Sovereign, Socialist, Secular, Democratic, Republic nation and every citizen regardless of their race, caste, creed, gender, religion are equal under Indian laws. Indian courts specially deal with the judiciary function. The word judiciary is used to appoint those government officers whose function is to assign the existing law to individual lawsuits. The Indian judiciary system is independent and the guardian of the Constitution of India. Over the years, the Indian courts have always ruled in favor of the fact. India has a sole incorporated judicial system.
Composition:-
The Indian courts have a three-layer hierarchy with the Supreme Court at the prime after that High Courts and the district and subordinate courts are after high courts. The lower courts procedures under the superintendence of the higher courts.
Supreme Court of India: Supreme Court of India is the top Court of India as well as the guardian of the Constitution of India. Under Part V of the constitution furnishes a provision for the Supreme Court. The composition and jurisdictional right of the Supreme Court of India enshrined under Article 124-147 of the Constitution of India. Article 124(1) of the Constitution of India lay down that there shall be a Supreme Court of India consisting of a Chief justice of India and 34 judges. The Jurisdiction of the Supreme Court of India can extensively be classified as an original jurisdiction, appellate jurisdiction and advisory jurisdiction. As per Article 124(2), every judge of the Supreme Court shall be nominated by the President of India by warrant under his hands and seal after the conference with the judges of the Supreme Court of India and the High Courts in the Indian state.[1]
High Courts of India: Articles 214-231 of the Constitution of India lay down the provisions of the High Courts in India. Each Indian High Courts comprises a Chief Justice and other Judges. The President of India has the power to assign the judges. Additional judges are assigned for an interim period not surpassing two years for the clearance of regions of work in a High Court.
When a permanent judge of a High Court other than Chief Justice is temporarily absent, an acting judge is assigned to act temporarily as Chief Justice of High Court.[2] In high courts, there is no limited least number of judges. It’s depending from Court to Court and from State to State.
District Courts of India: The verdicts of the District court are prone to the appellate jurisdiction of the High court. Articles 233-237 of the Constitution of India deal with the district courts. In District Court, there is a District Judge and many Assistant District judges. The governor of the State has the power to assign District Judges for both civil cases and criminal cases with the suggestion of the chief justice of the state.
Structure:-
The structure of the Indian courts is upheld by the Constitution of India with the degree of power utilized by the several levels of courts. If the parties are not pleased by the judgement, they can challenge the order in the high court or Supreme Court.
Supreme Court of India: the Supreme Court of India is the highest and final court of plea under the Constitution of India. The Supreme Court of India is regulated by the Supreme Court Rules 1966. This court is included a Chief Justice of India along with 30 other judges to proceed with the procedure of the apex court.[3] The proceeding of the Supreme Court is being listened to only in the English language. The appellate jurisdiction of the Supreme Court in civil cases is given under the Constitution of India. Article 133 of the Constitution of India furnishes that a person can a plea to the Supreme Court from any judgment in a civil proceeding of a High Court of any state only if the High Court of the state approves.
High Courts: High courts are formed as the courts powered by the constitution of India with the effect of Article 214 of the Constitution. The judges of High Courts are assigned by the President of India with the consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor of the state. The number of judges in the High Court is primarily enacted by assessing the higher number of either the normal group of main cases for the previous years as per the average nationally estimated or the average rate of main cases disposed of per judge per year in the apex high court.
District Court: District courts practice their power of juridical service at the district level. The state government appointed district judges to run the district courts. In District court, there are additional district judges and assistant district judges to share the extra load of the proceedings of District Courts. These additional district judges have equal power vested to the district judges.
Function:-
The functions of Indian courts are stated below –
1. Defend Citizens’ rights: In a Democratic country like India, specific fundamental rights are ensured to every citizen despite their race, colour, religion, gender and caste. If these rights are not appropriately protected then Indian courts must defend the citizens’ rights. The Supreme Court of India has the power to issue orders for the enforcement of any fundamental rights.
2. Provide Advisory Opinion: The Indian courts provide advisory opinions on raised issues on the law when requested by the executive department or the legislature department of the government.
3. Assign Law to Certain Cases: The Indian Courts can assign the law to certain cases in civil as well as criminal matters. The courts are readied with the compulsory powers crucial to bring personals and documents into court for the fact-finding procedure and to execute its judgment.
4. Pronounce Case Judgements: The Courts decides the particular issue which presents before the court in form of suits, after hearing the courts decide after order their judgment on that case.
5. To Interpret Constitution: The Indian courts are allowed to examine the laws and executive orders and acts enacted by the legislature for their conformity to the Constitution of India.
Conclusion:-
136.64 crores population of India have faith in Indian courts that if any prosecution happens they will get true Justice. Even over the years, Indian courts have unfailingly ruled in favour of truth.
By
Shreeparna Goswami
3rd year of Shyambazar Law College.
[1] Supreme Court of India: Composition, Power and Functions, https://www.jagranjosh.com/general-knowledge/supreme-court-of-india-1437204181-1.
[2] Constitution of India, https://www.constitutionofindia.net/constitution_of_india/the_states/articles/Article%20224#:~:text=(2)%20When%20any%20Judge%20of,until%20the%20permanent%20Judge%20has.
[3] Constitution | SUPREME COURT OF INDIA, https://main.sci.gov.in/constitution#:~:text=The%20Supreme%20Court%20of%20India%20comprises%20the%20Chief%20Justice%20and,by%20the%20President%20of%20India.
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