SALIENT FEATURES OF INDIAN JUDICIAL SYSTEM

·         JUDICIARY LECTURE 1
SALIENT FEATURES OF INDIAN JUDICIAL SYSTEM

·         LEGAL ISSUES

·         SHASHI AGGARWAL LAW AND CLASSES

·         JUDICIARY IN ANCIENT SYSTEM

1.       DEALS WITH THE ADMINISTRATION OF LAWS THROUGH THE AGENCY OF LAW GIVERS OR THE COURTS

2.       SYSTEM PROVIDES THE MACHINERY FOR THE RESOLVING OF THE DISPUTES ON ACCOUNT OF AGGRIEVED

3.       INDIA HAS A RECORD LEGAL HISTORY STARTING FROM THE VEDIC AGES ( 1750-500 BCE)

4.       SOME SORT OF LAW MAY HAVE BEEN IN PLACE DURING 3000 BCE AND INDUS VALLEY CIVILIZATION

5.       LAW AS A MATTER OF RELIGIOUS PRESCRIPTION AND PHILOSOPHICAL DISCOURSE HAS AN ILLUSTRIOUS HISTORY IN INDIA

·         HISTORY OF JUDICIAL SYSTEM

1.       JUDICIAL SYSTEM IN ANCIENT INDIA THAT IS PRE ISLAMIC INVASION

2.       JUDICIAL SYSTEM IN MEDIEVAL AGE

3.       JUDICIAL SYSTEM IN BRITISH RULE

·         INDIA HAS THE OLDEST JUDICIARY IN THE WORLD. HISTORY OF INDIAN JUDICIAL TAKES US TO THE PAST WHEN MANU AND BRIHASPATI GAVE US  DHARMA SHASTRAS,NARDA AND SMRITIES AND KAUTILYA THE ARTHASHASTRA

·         LAW IN BRITISH RULES INDIA

1.        A SYSTEM OF LAW BASED ON RECORDED JUDICIAL PRECEDENTS CAME TO INDIA WITH THE BRITISH EAST INDIA COMPANY

2.       THE COMPANY WAS GRANTED CHARTER BY KING GEORGE 1 IN 1726 TO ESTABLISH MAYOR’S COURTS IN MADRAS,BOMBAY,CALCUTTA ( NOW CHENNAI,MUMBAI AND KOLKATA)

3.       JUDICIAL FUNCTION OF THE COMPANY WAS EXPANDED SUBSTANTIALLY AFTER ITS VICTORY IN BATTLE OF PLASSEY AND THREE AND BY 1772 COMPANY’S COURTS WERE EXPANDED OUT FROM THREE MAJOR CITIES

4.       THE COMPANY SLOWLY REPLACED THE EXISTING MUGHAL SYSTEM IN THOSE PARTS

5.       FOLLOWING THE FIRST WAR OF INDEPENDENCE IN 1857,THE CONTROL OF THE COMPANY TERRITORIES IN INDIA PASSED TO THE BRITISH CROWN

6.       SUPREME COURT WERE ESTABLISHED REPLACING THE EXISTING MAYORAL COURT.

7.       THESE COURTS WERE CONVERTED TO THE FIRST HIGH COURTS THROUGH LETTERS OF PATENTS AUTHORIZED BY THE INDIAN HIGH COURTS ACT PASSED BY THE BRITISH PARLIAMENT IN 1862

8.       SUPERINTENDENCE OF LOWER COURTS WERE DEPUTED TO THE RESPECTIVES HIGH COURT

9.       DURING THE RAJ,THE PRIVY COUNCIL ACTED AS THE HIGHEST COURT OF APPEAL

10.   CASES BEFORE THE COUNCIL WERE ADJUDICATED BY THE LAW LORDS OF THE HOUSE OF LORDS

11.   THE STATES SUED AND WAS SUED IN THE NAME OF THE BRITISH SOVEREIGN IN HER CAPACITY AS EMPRESS OF INDIA

12.   THE DOORS OF THE NEWLY CREATED SUPREME COURT WERE BARRED TO INDIAN PRACTITIONERS AS THE RIGHTS OF AUDIENCE WAS LIMITED TO MEMBERS OF ENGLISH,IRISH AND SCOTTISH PROFESSIONAL BODIES

13.   LEGAL PRACTITIONER ACT OF 1846 OPENED UP THE PROFESSION OF NATIONALITY OR RELIGION

14.   UNDER THE SUPERVISION OF  CHAIRMAN THOMAS BABINGTON OF THE FIRST LAW COMMISSION MACAULAY,THE INDIAN PENAL CODE WAS DRAFTED.

15.   THE CODE OF CRIMINAL PROCEDURE WAS ALSO DRAFTED BY THE SAME COMMISSION AND OTHER STATUTES AND CODES LIKE INDIAN EVIDENCE ( 1872) AND CONTRACTS ACT ( 1872)

·         THE JUDICIAL SYSTEM TODAY

1.       ONE OF THE OLDEST LEGAL SYSTEM IN THE WORD TODAY AS THE PART OF THE INHERITANCE RECEIVED FROM THE BRITISH

2.       THE FRAMEWORK OF THE CURRENT LEGAL SYSTEM HAS BEEN LAID DOWN BY THE INDIAN CONSTITUTION AND THE JUDICIAL SYSTEM DERIVES POWER FROM IT

3.       THE CONSTITUTION OF INDIA IS THE SUPREME LAW OF THE COUNTRY

4.       SOURCE OF THE LAW  CAME INTO EFFECT ON 26 TH JAN 1950 AND IS THE WORLD’S LONGEST WRITTEN CONSTITUTION

5.       DEFINED FUNDAMENTAL RIGHTS AND DUTIES  OF THE PEOPLE AND DIRECTIVE PRINCIPLES WHICH ARE THE DUTIES OF STATES

6.       NOT ONLY LAID THE FRAMEWORK OF INDIAN JUDICIAL SYSTEM ,BUT ALSO LAID OUT THE POWERS,DUTIES ,PROCEDURES AND STRUCTURES OF THE VARIOUS BRANCHES OF THE GOVERNMENT AT THE UNION AND STATE LEVEL

7.       JUDICIAL SYSTEM OF INDIA  CONSISTS OF SUPREME COURT,HIGH COURT AND DISTRICT COURT  OR SUBORDINATE COURT

8.       THE COURT HAS THE POWER TO MAKE DECISIONS AND ALSO ENFORCES THE LAW AND SOLVE DISPUTES

9.       JUDICIARY SYSTEM CONSISTS OF JUDGES AND OTHER MAGISTRATES THEY FORM THE BENCH OR THE CORE OF THE JUDICIARY SYSTEM.

·         SALIENT FEATURES OF INDIAN JUDICIARY SYSTEM IN INDIA

·         SETTING UP OF SINGLE INTEGRATED SYSTEM OF COURTS TO ADMINISTER BOTH UNION AND STATE LAWS AND THE SUPREME COURT IS APEX COURT AND FOLLOWED BY THE THE VARIOUS HIGH COURTS AT THE STATE LEVEL AND BELOW THE HIGH COURTS EXIST THE DISTRICT COURT AT THE DISTRICT LEVEL AND OTHER LOWER COURT

·         INDEPENDENCE OF JUDICIARY : THE CONSTITUTION OF INDIA MAKES THE JUDICIARY TRULY INDEPENDENT AND IT PROVIDES FOR :

1.       APPOINTMENT OF THE JUDGES BY THE PRESIDENT

2.       HIGH QUALIFICATION FOR APPOINTMENT AS JUDGES

3.       REMOVAL OF JUDGES BY A DIFFICULT METHOD OF IMPEACHMENT

4.       HIGH SALARIES,PENSION AND OTHER SERVICE BENEFITS

5.       ADEQUATE POWER AND FUNCTIONAL AUTONOMY FOR THE JUDICIARY

·         JUDICIARY AS THE INTERPRETER OF THE CONSTITUTION: THE RIGHT TO INTERPRET AND CLARIFY THE CONSTITUTION HAS BEEN GIVEN TO THE SUPREME COURT. FINAL INTERPRETER OF THE PROVISION OF THE CONSTITUTIONS OF INDIA

·         JUDICIAL REVIEW : THE CONSTITUTION OF INDIA IS THE SUPREME LAW OF LAND. THE SUPREME COURT ACTS :

1.       INTERPRETER AND PROTECTOR OF THE CONSTITUTION

2.       GUARDIAN OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE PEOPLE

3.       EXERCISES THE POWER OF JUDICIAL REVIEW HAS THE POWER TO DETERMINE THE CONSTITUTIONAL VALIDITY OF ALL LAWS

4.       CAN REJECT ANY SUCH LAW WHICH IS HELD TO BE UNCONSTITUTIONAL

5.       HIGH COURT ALSO EXERCISE THIS POWER

·         INDIA AS COMMON LAW :-COMMON LAW SYSTEM IS DEVELOPED BY THE JUDGES,THROUGH THEIR DECISIONS,ORDERS OR JUDGEMENTS. REFERRED TO PRECEDENTS. INDIAN LAW INCORPORATES THE COMMON LAW SYSTEM ALONG WITH THE STATUTORY LAW AND REGULATORY LAW

·         ADVERSARIAL MODE OF DISPUTE RESOLUTION :DESIGNED ON THE BASIS OF ADVERSARIAL  SYSTEM. WHERE TWO ADVOCATES REPRESENT THEIR PARTIES POSITIONS BEFORE AN IMPARTIAL PERSON OR GROUP OF PEOPLE USUALLY A JURY OR JUDGE

·         TWO SIDES IN EVERY CASE AND EACH  SIDE PRESENTS ITS ARGUMENTS TO A NEUTRAL JUDGE WHO WOULD THEN GIVE A ORDER OR A JUDGMENT BASED UPON THE MERITS OF THE CASE

·         HIGH COURT FOR EACH STATE AS WELL A PROVISION FOR JOINT HIGH COURTS : THE CONSTITUTION LAYS DOWN THAT THERE IS TO BE HIGH COURT FOR EACH STATE. TWO OR MORE STATES CAN BY MUTUAL CONSENT HAVE A JOINT HIGH COURT

·         SUPREME COURT AS THE ARBITER OF LEGAL DISPUTES BETWEEN THE UNION AND STATES :

1.       THE CONSTITUTION GIVES TO THE SUPREME COURT THE JURISDICTION IN ALL CASES OF DISPUTES

2.       BETWEEN THE GOVERNMENT OF INDIA AND ONE OR MORE STATES

3.       BETWEEN THE GOVERNMENT OF INDIA AND ANY STATE OR STATES ON ONE SIDE OR MORE STATES ON THE OTHER

4.       BETWEEN TWO OR MORE STATES

·         GUARDIAN OF FUNDAMENTAL RIGHTS :ACTS AS THE GUARDIAN OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE PEOPLE. THE SUPREME COURT AND HIGH COURT HAVE THE POWER TO ISSUE WRITS FOR THIS PURPOSE.

·         SEPARATION OF JUDICIARY FROM THE EXECUTIVE : THE JUDICIARY IS NEITHER A BRANCH OF THE EXECUTIVE NOE IN ANY WAY SUBORDINATES TO IT. THE JUDICIAL ADMINISTRATION IN INDIA IS ORGANIZED AND RUN IN ACCORDANCE WITH THE RULES AND ORDERS OF THE SUPREME COURT

·         OPEN TRIAL : THE ACCUSED IS ALWAYS GIVEN FULL OPPORTUNITY TO DEFEND HIMSELF AND THE STATES PROVIDE FREE LEGAL AID TO POOR AND NEEDY

·         JUDICIAL ACTIVISM :

1.       MORE ACTIVE

2.       THE SUPREME COURT HAS BEEN COMING OUT WITH JUDICIAL DECISIONS AND DIRECTIVES AIMED AT ACTIVE PROTECTION OF PUBLIC INTEREST AND HUMAN RIGHT

3.       THE PUBLIC INTEREST LITIGATION SYSTEM HAS BEEN PICKING UP

4.       THE SYSTEM OF LOK ADALAT HAS ALSO TAKEN A PROPER SHAPE AND HEALTH

·         PUBLIC INTEREST LITIGATION SYSTEM :

1.       COURT OF LAW IN INDIA CAN INITIATE AND ENFORCE ACTION FOR SECURING ANY SIGNIFICANT PUBLIC OR GENERAL INTEREST AFFECTED OR LIKELY TO BE THE ACTION OF ANY AGENCY PUBLIC OR PRIVATE

2.       ANY CITIZEN,OR GROUP OR VOLUNTARY ORGANIZATION OR EVEN A COURT CAN BRING TO NOTICE ANY CASE DEMANDING ACTION FOR PROTECTING AND SATISFYING A PUBLIC INTEREST