Judiciary of India

Judiciary of India
Name	Judiciary of India
Caption	Supreme Court building, New Delhi
Jurisdiction	India
Established	1950
Courts	Supreme Court of India; Bombay High Court; Calcutta High Court; Madras High Court; Kerala High Court; Karnataka High Court; Delhi High Court; Allahabad High Court; Punjab and Haryana High Court
Chief justice	Chief Justice of India

Judiciary of India The Judiciary of India is the system of courts that interprets and applies the Constitution of India and adjudicates disputes under statutes such as the Indian Penal Code and the Code of Civil Procedure. It includes forums from the Supreme Court of India to subordinate trial courts and tribunals created under statutes like the Arbitration and Conciliation Act, 1996 and the Goods and Services Tax Act, 2017. Landmark matters have involved institutions and persons such as the Election Commission of India, Reserve Bank of India, Law Commission of India, Indira Gandhi, Atal Bihari Vajpayee and events like the Emergency (India).

History

The modern system derives from colonial-era precedents including the Regulating Act of 1773, the Indian Councils Act 1861, and the Government of India Act 1935; post‑independence consolidation followed adoption of the Constitution of India in 1950. Early Supreme Court jurisprudence engaged with issues from the States Reorganisation Act, 1956 to industrial disputes involving the Indian National Congress and the Communist Party of India. Landmark judgments such as in Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India shaped doctrines related to fundamental rights and basic structure. The judiciary has interacted with institutions like the Parliament of India, President of India, Vice President of India, and Attorney General for India, influencing matters from land acquisition under the Land Acquisition Act to environmental law prompted by petitions tied to the Bhopal disaster and the Narmada Bachao Andolan.

Structure and Composition

The apex body is the Supreme Court of India located in New Delhi, followed by high courts such as the Bombay High Court (Mumbai), Calcutta High Court (Kolkata), Madras High Court (Chennai), and newly created benches and specialized courts addressing labor, family, and tax disputes including the Income Tax Appellate Tribunal and the National Green Tribunal. Subordinate judiciary comprises district courts like in Mumbai, Chennai, Kolkata, Delhi, Hyderabad and magistrate courts established under the Code of Criminal Procedure, 1973. The prosecutorial and investigative counterparts include the Central Bureau of Investigation, Enforcement Directorate, National Investigation Agency and public prosecutors overseen by state departments like the Government of Maharashtra legal services. Collegium norms involving the Chief Justice of India and senior judges interact with advisory offices such as the Union Public Service Commission and institutions like the National Judicial Appointments Commission (struck down) and the Law Commission of India.

Jurisdiction and Powers

The Supreme Court exercises original, appellate and advisory jurisdiction under provisions of the Constitution of India, including disputes between States of India and the Union of India, and enforcement of fundamental rights under Article 32 following precedents like Hussainara Khatoon v. State of Bihar. High courts have writ jurisdiction under Article 226, and trial courts handle criminal matters under the Indian Penal Code and civil suits under the Code of Civil Procedure. Tribunals adjudicate specialized disputes under statutes such as the Arbitration and Conciliation Act, 1996, Companies Act, 2013, Insolvency and Bankruptcy Code, 2016 and regulatory bodies including the Securities and Exchange Board of India, Telecom Regulatory Authority of India and Central Board of Direct Taxes often seek judicial review in high courts and the Supreme Court.

Appointment, Tenure and Discipline

Judicial appointments to the Supreme Court and high courts follow the collegium system involving the Chief Justice of India and senior judges; past proposals have involved the National Judicial Appointments Commission and debates engaging figures like CJI Dipak Misra and institutions like the Ministry of Law and Justice. Judges hold office until a retirement age: 65 for Supreme Court judges and 62 for high court judges; subordinate judges follow state rules. Disciplinary mechanisms involve impeachment by the Parliament of India for proven misbehavior or incapacity, and administrative steps by high courts and the Supreme Court in matters of judicial conduct, often informed by reports from entities such as the Bar Council of India and state bar associations like the Madras Bar Association.

Procedures and Functioning

Court procedures are governed by procedural statutes and rules including the Code of Civil Procedure, 1908, Code of Criminal Procedure, 1973, Evidence Act, 1872 and specific practice directions of each high court. Litigation ranges from public interest litigation that reached prominence through cases like S. P. Gupta v. Union of India to commercial disputes resolved via the Arbitration and Conciliation Act, 1996 or special commercial courts established under the Commercial Courts Act. Institutional players include advocates who enroll with the Bar Council of India and senior advocates such as Fali S. Nariman, Soli Sorabjee, Kapil Sibal and litigants including state governments like the Government of Uttar Pradesh and corporations such as Tata Group and Reliance Industries. Case management reforms have introduced e‑filing systems promoted by the Supreme Court of India in coordination with state e‑governance initiatives.

Major Issues and Reforms

Persistent challenges include judicial backlog affecting courts from the Supreme Court of India to district courts in Patna and Guwahati, debates on transparency versus confidentiality in the collegium spurred by the National Judicial Appointments Commission judgment, and access to justice concerns addressed by the Legal Services Authorities Act, 1987 and institutions such as the National Legal Services Authority (NALSA). Reform proposals include strengthening lower judiciary capacity, creating more high court benches as with demands from Andhra Pradesh and Telangana, expanding alternative dispute resolution including mediation promoted by the Ministry of Law and Justice and the Arbitration and Conciliation Act, 1996, and adopting performance metrics used in comparative systems like the Common Law jurisdictions of the United Kingdom and the United States. High‑profile accountability issues have involved inquiries into judges and cases like S. R. Bommai v. Union of India and controversies involving judicial transfers debated by bar associations and legislators such as members of the Rajya Sabha and Lok Sabha.

Category:Judiciary of India