Chapter 11 Judiciary Constitutional, Civil and Criminal Courts and Processes

Introduction to the Indian Legal System

The Indian legal system has evolved significantly from the Constitution of India, which serves as its foundational document. It is a complex legal framework that consists of three primary branches: the Legislature, the Executive, and the Judiciary, each functioning with a separation of powers that is intended to prevent the concentration of authority and maintain a system of checks and balances.

The Legislature

• Parliament: The Parliament of India is the supreme law-making body, comprising two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The primary function of Parliament is to enact legislation, and it holds the power to amend the Constitution itself, subject to certain limitations.

The Judiciary

• Judicial Review: The judiciary has the authority to declare laws unconstitutional through the process of judicial review, ensuring that all legislation complies with the Constitution. This power acts as a guardian of the Constitution and protects civil liberties.

• Key case: The landmark case of Kesavananda Bharati v. State of Kerala (1973) established the doctrine of the ‘basic structure’ of the Constitution, reinforcing the Supreme Court’s role in protecting fundamental rights and liberties against legislative encroachments.

Key Legal Principles

1. Doctrine of Pith and Substance: This doctrine is used to ascertain the true nature and intent of legislation to determine whether a law falls within the jurisdiction of the concerned legislature.

2. Doctrine of Severability: This allows for portions of a law that are invalid to be separated, while upholding the valid parts, ensuring that beneficial provisions can continue to operate.

3. Doctrine of Colourable Legislation: This prevents legislative bodies from enacting laws that are an indirect way to achieve what they cannot do directly, maintaining the integrity of the legislative process.

Establishment of Supreme Court and High Courts

• Supreme Court of India: Established in 1950, the Supreme Court serves as the apex court of the country with comprehensive jurisdiction over civil, criminal, and constitutional matters. It originally had a Chief Justice and seven judges, but this number can be expanded by Parliament as needed.

• Key Articles of the Constitution:

  • Articles 124-147: These outline the organization, independence, and jurisdiction of the Supreme Court and High Courts.

  • Article 141: States that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

  • Article 132: Provides for appeals from High Courts to the Supreme Court in cases involving substantial questions of law.

  • Article 136: Grants the Supreme Court special leave to appeal in any case decided by any court or tribunal in the territory of India.

Function of the Judiciary

The judiciary plays a critical role in maintaining the Constitution, safeguarding citizens' rights, and establishing principles that promote democracy, socialism, and secularism. The Supreme Court is responsible for interpreting the Constitution and ensuring that all actions by the legislative and executive branches remain within constitutional limits.

Judicial Review

The Supreme Court conducts judicial review of legislative and executive actions for constitutionality. This process enhances the Constitution's supremacy over the legislative amendments. The landmark decision in Kesavananda Bharati emphasized that while the Constitution can be amended, its basic structure cannot be altered.

Structure of the Judiciary

• Supreme Court: As the highest court, it interprets the Constitution and serves as a Court of Record, which means its decisions are authoritative and set binding precedents for lower courts.

• High Courts: The High Courts in each state function as appellate courts for subordinate courts and possess original jurisdiction in certain matters. They are governed by Articles 214-231 of the Constitution.

• Subordinate Courts: These include district courts and lower courts, responsible for handling civil and criminal matters at the local level. Structure includes:

  • District Judges: Oversee district court proceedings.

  • Chief Judicial Magistrates: Handle more serious matters in criminal cases.

  • Judicial Magistrates: Address minor offences and conduct preliminary hearings in criminal cases.

Civil Court Functioning

The civil court system governs procedures under the Civil Procedure Code (CPC) 1908 and is intended to resolve civil disputes efficiently. The primary roles of civil courts include the resolution of disputes, enforcement of legal rights, protection of property rights, and ensuring justice.

Criminal Courts Structure and Functioning

Criminal courts are governed by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), which define the framework for criminal law in India. This system includes:

• Courts of Session: These courts are presided over by judges and have the authority to impose severe sentences, including capital punishment.

• Judicial Magistrates: They handle minor offences and are organized into first and second-class magistrates, with varying levels of authority for sentencing.

Key Legal Principles and Doctrines

• Res Sub Judice: This legal principle prevents multiple courts from concurrently hearing the same matter, thereby avoiding conflicting judgments.

• Res Judicata: Prohibits re-litigation of cases once they have been finally decided, providing finality to judicial decisions.

Police and Criminal Justice System

The police play a vital role in law enforcement and the maintenance of public order. Their functions include the investigation of crimes, ensuring public safety, and the registration of complaints by citizens, and they serve as the first point of contact within the criminal justice system.

Specialized Courts and Tribunals

• Family Courts: Established to handle family disputes, focusing on conciliation over litigation, and providing a more amicable resolution process.

• Administrative Tribunals: Created to address disputes related to public service appointments and to manage case backlogs in higher courts, facilitating quicker resolution of administrative issues.

Conclusion

The Indian judiciary operates within a structured framework that emphasizes adherence to the Constitution, protection of individual rights, and the provision of adaptive mechanisms for achieving justice. As a vital pillar of democracy, it ensures justice is accessible and fair for all citizens, playing an instrumental role in shaping the legal landscape of India.