The judiciary is relatively independent and the
legal system is based on English common law. India's independent
judicial system began under the British, and its concepts and procedures
resemble those of Anglo-Saxon countries. The Supreme Court consists of a
chief justice and 25 other justices, all appointed by the president on
the advice of the prime minister.
The Supreme Court is the apex court in the country. The High Court
stands at the head of the state's judicial administration. Each state is
divided into judicial districts presided over by a district and sessions
judge, who is the highest judicicial authority in a district. Below him,
there are courts of civil jurisdiction, known in different states as
munsifs, sub-judges, civil judges and the like. Similarly, criminal
judiciary comprises chief judicial magistrate and judicial magistrates
of first and second class.
Supreme Court
The Supreme Court has original, appellate and advisory jurisdiction.
Its exclusive original jurisdiction extends to all disputes between the
Union and one or more states or between two or more states. The
Constitution gives an extensive original jurisdiction to the Supreme
Court to enforce Fundamental Rights.
Appellate jurisdiction of the Supreme Court can be invoked by a
certificate of the High Court concerned or by special leave granted by
the Supreme Court in respect of any judgement, decree or final order of
a High Court in cases both civil and criminal, involving substantial
questions of law as to the interpretation of the constitution. The
President may consult the Supreme Court on any question of fact or law
of public importance.
The Supreme Court of India comprises of the Chief Justice and not more
than 25 other Judges appointed by the President. Judges hold office till
65 years of age.
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High Courts
There are 18 High Courts in the country, three having jurisdiction over
more than one state. Bombay High Court has the jurisdiction over
Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu. Guwahati
High Court, which was earlier known as Assam High Court, has the
jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram
and Arunachal Pradesh. Punjab and Haryana High Court has the
jurisdiction over Punjab, Haryana and Chandigarh.
Among the Union Territories, Delhi alone has had a High Court of its
own. The other six Union Territories come under jurisdiction of
different state High Courts. The Chief Justice of a High Court is
appointed by the President in consultation with the Chief Justice of
India and the Governor of the state. Each High Court has powers of
superintendence over all courts within its jurisdiction. High Court
judges retire at the age of 62.
The jurisdiction as well as the laws administered by a High Court can
be altered both by the Union and State Legislatures. Certain High
Courts, like those at Bombay, Calcutta and Madras, have original and
appellate jurisdictions. Under the original jurisdiction suits, where
the subject matter is valued at Rs.25,000 or more, can be filed directly
in the High Court. Most High Courts have only appellate jurisdiction.
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Lok Adalat
Lok Adalats are voluntary agencies for resolution of disputes through
conciliatory method.
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