Judiciary in India

Different types of disputes arise in a society. These disputes could be between state governments, between central government and state governments, between individuals in a society, or between individuals and institutions. To resolve these disputes as per the rule of law, a judiciary exists in a country.

Judiciary – Structure

In India, the judiciary has a 4-tier structure. At the lowest level of the judicial hierarchy are the Subordinate Courts. Above the Subordinate Courts are the District Courts. Above the District Courts are the High Courts. At the topmost level of the judicial hierarchy is the Supreme Court of India.

Subordinate Courts

  • The Subordinate Courts consider cases of civil and criminal nature.

District Courts

  • Serious criminal cases are decided by the District Courts.
  • The disputes and cases which arise within a district are decided by the respective District Courts.
  • Appeals against decisions given by lower courts are filed at the District Courts.

High Court

  • High Courts have control and superintendence over the Subordinate Courts and District courts.
  • The cases which come within the jurisdiction of the state will come under the High Courts.
  • For restoration of the Fundamental Rights, High Courts can issue writs.
  • The appeals from lower courts can be heard by the High Court.

Supreme Court of India

  • The Supreme Court of India has the power to transfer cases of one High Court to another High Court.
  • The Supreme Court of India has the power to transfer cases from High Courts to the Supreme Court.
  • The Judges of High Courts can be transferred by the Supreme Court.
  • The decision taken by the Supreme Court is binding on all the other courts.
  • The Supreme Court of India has the powers to settle disputes between the states and the Union and can settle the disputes amongst the states.
  • The Supreme Court of India has the powers to advise the President on matters of public importance and law.
  • To protect the Fundamental Rights of the individuals, it can issue writs of Quo Warranto, Certiorari, Prohibition, Mandamus and Habeas Corpus.

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Frequently Asked Questions (FAQs)

What is the role of the judiciary?

The role of the judiciary is to ensure that democracy does not give way to group or individual dictatorship. The role of the judiciary is to ensure that all disputes are settled as per the rule of law. The main duty of the judiciary is to ensure supremacy of law and protect the rule of law.

Give a brief description of the Indian judiciary?

The Indian judiciary settles disputes as per the rule of law at any layer of society – individuals, organizations, state governments, and central government. The Indian judiciary is made up of courts at 4 different levels – the Supreme Court, High Court, District Court, and Subordinate Court.

Who is the head of the judiciary?

The Chief Justice of India is the head of the judiciary. The Chief Justice of India is the highest-level judge at the Supreme Court of India.

How many types of courts are there in the Indian judiciary?

The Indian judiciary is made up of courts at 4 different levels – the Supreme Court, the High Court, the District Court, and the Subordinate Court. The most powerful court in the judiciary is the Supreme Court of India. High courts deal with cases in their respective states and district courts deal with cases at the district level.

What is the state judiciary?

The state judiciary deals with the cases arising within a state. High Courts are the highest judiciary functioning in a state. There are 27 High Courts in India.