Judiciary: Constitutional, Civil and Criminal Courts and Processes

UNIT I UNIT II UNIT IV UNIT V UNIT III

Judiciary: Constitutional, Civil and Criminal Courts and Processes

Contents

  1. Introduction

  2. Judiciary: Its Constitution, Roles and Impartiality

    • Independence and Impartiality of the Supreme Court

    • Structure and Hierarchy of the Courts in India

    • The Civil Process and Functioning of Civil Courts

  3. The Civil Court Structure

    • Common Legal Terminologies

    • Types of Jurisdiction

    • Res subjudice and Res judicata in Code of Civil Procedure, 1908

  4. Structure and Functioning of Criminal Courts in India

    • Types of Offences

    • Criminal Investigations and First Information Report (FIR)

    • Criminal Process - Investigation and Prosecution

    • Doctrine of Autrefois Acquit and Autrefois Convict (i.e., previously acquitted or previously convicted)

    • Function and Role of Police

  5. Other Courts in India

    • Family Courts

    • Administrative Tribunals

  6. Exercises

  7. Learning Outcomes

I. Introduction

  • The aim of this chapter is to understand the salient features of the Indian judiciary, its constitution, roles, and independence.

  • The Indian legal system derives its authority from the Constitution of India and plays a crucial role in the political system.

  • The judiciary embodies the theory of separation of powers, functioning independently from the legislature and executive, safeguarding citizens' interests.

  • The Supreme Court acts as the primary custodian of the Constitution, interpreting and guarding its provisions.

II. Judiciary: Its Constitution, Roles and Impartiality

  • The Supreme Court is the apex body in the judiciary, followed by 25 High Courts supervising various District Courts.

  • Independence and Impartiality:

    • Independence refers to the judiciary's status concerning the executive branch of government, while impartiality relates to the judges' unbiased state of mind.

  • The judiciary's independence is crucial for maintaining justice and upholding civil and political rights, further affirmed by fundamental rights and constitutional provisions.

  • Supreme Court of India:

    • Established after India's independence on 26 January 1950; it includes a Chief Justice and other judges (initially Chief Justice and seven puisne judges).

    • Jurisdiction:

      • Original, appellate, and advisory jurisdiction.

      • Original Jurisdiction: Exclusive jurisdiction in disputes between the Government of India and states or among states.

      • Appellate Jurisdiction: Grants the court the ability to hear appeals from High Courts in civil, criminal, and constitutional matters.

III. Structure and Hierarchy of Courts in India

  • The judicial system comprises:

    • Supreme Court: Apex court with various appellate powers.

    • High Courts: One for each state, handling appeals and writ petitions.

    • District and Subordinate Courts: Handle local civil and criminal matters.

Important Articles of the Constitution regarding Judiciary:

  • Article 129: Supreme Court as a ‘court of record’.

  • Article 141: Law declared by the Supreme Court binds all courts.

IV. The Civil Process and Functioning of Civil Courts

  • Code of Civil Procedure, 1908 (CPC): Procedural law governing civil courts; regulates how civil cases should be handled.

  • Civil Cases: Deals with non-criminal matters (e.g., property disputes, contracts).

  • Jurisdiction Types:

    • Territorial, Pecuniary, Original, Appellate, and Subject Matter Jurisdiction.

  • Common Legal Terminologies:

    • Plaintiff: Files the case, Defendant: Respondent, Plaint: Document filed by the plaintiff, Written Statement: Defendant's response.

Res subjudice and Res judicata:

  • Res subjudice (Section 10, CPC): Prevents courts from hearing cases already pending in another court.

  • Res judicata (Section 11, CPC): Bars subsequent litigation once a judgment has been made.

V. Structure and Functioning of Criminal Courts in India

  • Administration of criminal justice defined by the Indian Penal Code, along with Code of Criminal Procedure, 1973.

  • Types of Offences:

    • Cognizable: Can be arrested without a warrant.

    • Non-Cognizable: Requires a warrant for arrest.

    • Bailable: Right to bail; Non-bailable: Discretion of the court.

  • First Information Report (FIR): Report filed to initiate a criminal investigation. It must be registered by police upon information regarding cognizable offences.

    • Important Facts about FIR:

      • Written statement recorded by police, it creates a basis for investigation but is not a substantive piece of evidence.

VI. Other Courts in India

  • Family Courts:

    • Established to handle matrimonial and family-related disputes, encouraging conciliation over confrontation.

  • Administrative Tribunals:

    • Creation aims to expedite resolutions of administrative disputes, relieving pressure on traditional courts.

Exercises

Learning Outcomes

  • Post Completion: Students will be able to:

    • Describe the independence and impartiality of the judiciary.

    • Illustrate the hierarchy of courts in India.

    • Explain relevant legislations governing courts in India.

    • Distinguish between civil and criminal cases, understanding the processes involved.

    • Discuss the roles and importance of FIR and police conduct for criminal investigation.

    • Analyze the judicial structure as envisioned in the Constitution of India.