4.3 Judicial System in India: Structure and Features

SIMPLY SMART

Introduction

The Judicial System of India is one of the most powerful, respected, and independent judicial systems in the world.
It acts as the guardian of the Constitution, the protector of fundamental rights, and the defender of justice.

India follows:

• Unified Judiciary

• Single Integrated Court Structure

This means all courts in India—from the lowest court to the Supreme Court—are connected in a hierarchical chain.
The Supreme Court stands at the top and supervises the entire system.

The judiciary ensures:

• Rule of law

• Equality before law

• Fair trials

• Constitutional governance

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1. Structure of the Judicial System in India

(Based on Articles 124–147, 214–231, 233–237)

India has a three-tiered judicial structure:

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1. Supreme Court of India (Apex Court)

Articles 124–147

Key Features

1. Highest judicial authority in India.

2. Located in New Delhi.

3. Consists of the Chief Justice of India + 33 other judges.

4. Judges appointed by the President based on the Collegium System.

5. Judges retire at the age of 65 years.

6. Final interpreter of the Constitution.

7. Highest appellate court for civil and criminal cases.

8. Has Original, Appellate, and Advisory jurisdiction.

9. Acts as the Guardian of the Constitution (Article 32).

10. Can review and strike down unconstitutional laws (Judicial Review).

Keyword: Structure of Supreme Court

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2. High Courts (State-Level Courts)

Articles 214–231

Key Features

1. One High Court for each state or group of states.

2. Headed by a Chief Justice and other judges.

3. Judges retire at 62 years.

4. Have appellate jurisdiction over district courts.

5. Supervisory powers over all subordinate courts (Article 227).

6. Can issue writs under Article 226 — even broader than Supreme Court.

7. Handle civil, criminal, constitutional, and revenue cases.

8. Protect state-level judicial independence.

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3. Subordinate Courts (Lower Courts)

Articles 233–237

Operates at district, sub-division, and taluk levels.

A. District Courts

• Headed by District Judge (civil side)

• Sessions Judge (criminal side)

• Hear appeals from lower courts

• Handle serious offences like murder, rape, robbery

B. Subordinate Courts

1. Civil Courts

   • Munsif Court

   • Subordinate Judge Court

2. Criminal Courts

   • Judicial Magistrate Courts

   • Chief Judicial Magistrate

3. Special Courts

   • CBI Courts

   • POCSO Courts

   • NDPS Courts

   • Family Courts

   • Fast Track Courts

Keyword: Subordinate Courts in India

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2. Features of the Indian Judicial System

1. Single Integrated Judicial System

There is only one judicial hierarchy, unlike countries that have separate federal and state courts.
A decision of the Supreme Court is binding on all courts (Article 141).

2. Independence of Judiciary

Protected through:

1. Security of tenure

2. Fixed salaries charged on Consolidated Fund

3. Removal only by Impeachment (proved misbehaviour or incapacity)

4. Separation of judiciary from executive

5. Power of judicial review

6. No interference from government

This ensures fairness and impartiality.

3. Judicial Review

Courts can check the constitutionality of:

• Laws

• Executive actions

• Government orders

If they violate the Constitution, courts can strike them down.

4. Judicial Activism

Judges take proactive steps to protect justice in society.
Examples:

• Right to clean environment

• Protection of women and children

• Anti-corruption cases

• Ban on harmful substances

5. Public Interest Litigation (PIL)

Introduced to help common people access justice.
Any citizen can file a case on behalf of the public.

6. Rule of Law

Everyone is equal before the law — rich or poor.
No authority is above the law.

7. Separation of Powers

The judiciary, executive, and legislature function independently.
Prevents misuse of power.

8. High Court’s Supervisory Role

High Courts monitor and inspect subordinate courts (Article 227).
This ensures uniformity, discipline, and accountability.

9. Access to Justice

Judiciary ensures:

• Legal aid

• Lok Adalats

• Fast-track courts

• E-courts

• Virtual hearings

• Consumer courts

This improves efficiency and reduces delays.

10. Protection of Fundamental Rights

Supreme Court (Article 32) and High Courts (Article 226) can issue writs to protect fundamental rights:

• Habeas Corpus

• Mandamus

• Certiorari

• Prohibition

• Quo-warranto

11. Integrated Criminal & Civil Court System

Same hierarchy handles:

• Civil disputes (property, marriage, contracts)

• Criminal cases (offences, punishments)

12. Flexible Judiciary

Judiciary adapts with:

• Online case filing

• Live-streaming of court hearings

• Mediation and ADR mechanisms

• Technological reforms

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3. Importance of the Judicial System in India

1. Protects fundamental rights of citizens.

2. Maintains check and balance on the government.

3. Prevents misuse of power by any authority.

4. Ensures law and order and peaceful society.

5. Interprets Constitution and keeps it relevant.

6. Resolves disputes between:

   • Centre and States

   • States vs States

   • Government vs citizens

7. Promotes social justice and equality.

8. Maintains faith and trust of people in democracy.

9. Ensures fair trials for all.

10. Upholds human dignity and constitutional morality.

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Conclusion

India’s Judicial System is the backbone of Indian democracy.
It ensures:

• Justice

• Liberty

• Equality

• Rule of Law

With its three-tier structure, independent functioning, judicial review, and PIL, the Indian judiciary stands as one of the most respected in the world.
Its commitment to protecting rights and ensuring fairness makes it the true guardian of the Constitution.

For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise

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