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Existing Judicial system of India

   

Added on  2023-03-29

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Healthcare and Research
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Existing Judicial system of India_1

1HEALTHCARE
1. Existing Judicial system of India
The Indian judicial system consists of a hierarchical structure – different types of courts, each
with variable powers. The powers depends upon the tier and the jurisdiction conferred upon
them. The hierarchical structure of the Indian judiciary system initiates with the supreme court of
India situated at the top , followed by the high courts of the states and the district judges present
in the district courts with magistrate of the second class. The Civil judge is positioned at the
bottom of the hierarchy (Dan Charan, 2019). As per the constitution of India, the Indian judicial
system is independent of the legislative and the executive department of the government.
Courts –
Supreme court of India
This the highest court of India as mentioned in the Part V, chapter IV of the Indian
constitution system. As per the Indian constitution, the role that the Supreme Court play, is
similar to federal court, who is the guardian of the constitution and also is the highest court of
appeal. The Supreme Court consists of chief justice and a maximum of seven judges unless the
parliament decides to increase it by law( Dan Charan 2019). Currently the total number of judges
in Supreme Court, including the chief justice is 26. Normally the president appoints both the
judges and the chief justice.
High courts-
Existing Judicial system of India_2

2HEALTHCARE
21 high courts are present at the apex of the judicial hierarchy of each of the states.
Below the high courts, there some subordinate courts like civil courts, family courts, criminal
courts and other district courts. It is the high court that holds all the trials in the state. As per Part
VI, chapter the V, high courts are considered as institutional courts (Ncib.in 2019). The high
courts are the principle civil courts of the original jurisdiction. High courts can only exercise
their civil and criminal jurisdiction if the courts, inferior to high court in the states are not
competent to conduct such trials.
District courts
It is the State governments that establishes the district courts . These courts handle cases
at the district level. These courts function under the high court of the state. The district court has
one District judge, who is normally selected by the State government (Ncib.in, 2019). Apart from
the chief judges, additional district judges can be selected, depending upon the workload of the
courts (Ncib.in, 2019).
Village courts-
They are named as Lok Adalat, specially meant for providing justice to the villagers and
generally solves disputes in the micro level. As per the Gram Gram Nyalaya Act, 5000 mobile
courts had been functioning in the country for handling the petty civil cases.
In the Indian judiciary system, there are some formal written orders called WRIT. Some
of the Writ are- Habeas Corpus, Mandamus, Quo Warranto, Certiorari and prohibition.
Habeas Corpus- Legal action that can help a person from unlawful detention of a person.
Existing Judicial system of India_3

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