JUDICIAL SYSTEM IN INDIA

ABSTRACT

This research article examined Indian judiciary in terms of its structure focusing on implementation, shortcomings and improvements made in recent years. Judiciary is and we have seen it, is one of the critical institutions in the protection of rule of law, provides justice and protects all the rights of every individual Citizen. Although the judiciary is well established in the constitution of India, there are numerous issues that it encounters, including but not limited to backlogs of cases, lack of judicial independence, access to justice challenges and many others. These challenges affect both the effective functioning and the public trust of the institution. The Hierarchy of Courts in the Indian Judicial System includes the Supreme Courts which are at the top followed by High courts and Subordinate courts. The Subordinate Courts which includes courts of District Courts, Session Courts, Civil Courts, Chief Judicial Magistrate and other courts constitute the lower tier. The role of each of this level of courts are of great importance in regards to the judicial working system of the republic of India. This article contains in detail why it is necessary to increase the reforms efficiency in regard to incorporating modern means, improving facilities within the judiciary which promote accountability in selection process of judges as well as access to justice by all.

KEYWORDS

Supreme Court of India, Case Backlog, Access to Justice, Judicial Review, High Courts of India, Subordinate Courts, E-Courts Project, National Judicial Data Grid (NJDG), Judicial Accountability, Alternative Dispute Resolution (ADR).

INTRODUCTION

The India’s legal system is one of the ancient legal systems of the world. It has been inherited from British legal system. The Constitution of India ensures the independence of the judiciary and prescribes a system for its functioning as well. The judiciary is the third organ of the Indian government and the other organ of Indian government is executive and legislative. It makes laws, adjudicates conflicts, and provides justice for the people of India.

The supreme, or in the top position, is the Supreme Court, which is at the apex of all the empowerment in the judiciary. It works as the protector of nation’s supreme law and ensures that every law or act of the executive or legislature does not violate these provisions. The supreme court has power of judicial review, it has the authority to invalidate or return any law or executive ordered which is against the constitution of the nation. Such court also acts as an appellate court taking on appeals from lower courts and or courts of tribunal and other bodies subordinate. Below the Supreme Court come the High Courts which is state wise. Each state has its own High Court and jurisdiction over legal affairs there. High Courts can hear some matters in the first instance as well, with the second being on an appeal from lower courts and the other level is subordinate courts, differently known as district courts. These include District and Sessions Courts that deal with civil and criminal matters at the district level. Below these courts, there are several Magistrate Courts as well as Civil Courts which do not deal with more serious issues.

As far as the other common wings of the government are concerned, judiciary is one that has most of its activities focused on how democracy is practiced in the country of India. As already pointed that the Judiciary is an independent organ of the state, its responsibilities are centered on the interpretation of laws, law enforcement and protection of human rights. Since it is neither a part of the legislative arm nor executive arm of government the judiciary assists in maintaining stability by checking the likelihood of abuse of power by any one of the arms of the government. Provision of resolving conflicts, protection of basic rights, and ensuring the due process of law to all citizens while constraining governmental authority to the Constitutional limits are some of the core responsibilities of the judiciary.

The structure of the judiciary in India was inherited from colonial masters, but is presently a living organism that has grown and adapted to suit the peculiarities of the country and the need of her people. The principles of nondiscrimination, fairness, and objective enforcement of the law go a long way in making sure that justice is not only available to the elite, but also to every person notwithstanding their status in society and the economy. There are indeed many structural factors that operate to limit the effective and efficient functioning of the Judiciary as an organ of the constitution although such powers have constitutional backing.

The introduction of better case management, technology, accountability of the judges and access to justice are critical components that seek to increase the level of effectiveness within the so. These undertakings seek among other issues to alleviate the problems so that justice is done in time and in full measure. More so, the judicial system in India serves as the bedrock of democracy in upholding the innovations in the Constitution and no citizen violates the law. It is also very important in law interpretation, conflict resolution and checks and balances of government.

HIERARCHY OF COURTS

The higher courts divide the judicial functions in the administrative system of India in order to facilitate the distribution of powers and deal with the issues from local level. It is structured in the following way:

Supreme Court: Established on 28th January, 1950 as under Article 124 of the India Constitution, the Supreme Court is the highest court of law in India. It can review any decision that has been made and it has the full appellate authority including rules on constitutional issues and inter-state issues where any state(s) have disputes and also cases which are of great public concern. The supreme court has a wide jurisdiction of judicial review with which it can render provisions or executive/administrative acts invalid if they come into conflict with the Indian constitution. The President of the Supreme Court of India is stationed in the Court of Protection who is known to be as the Chief Justice of India (CJI) and the Court is made up of not more than 34 judges. These judges are appointed by the President of India through a process involving the Collegium system, ensuring the judiciary’s independence from executive influence. Articles 124-147 of the Constitution of India lay down the authority of the Supreme Court.[1]
High Courts: Every state or union territory includes its respective High Court which operates as the highest civil and criminal court within its relevant territory. The purpose of these courts is to entertain the appeals from subordinate courts in addition to some original jurisdiction in exclusive areas such as constitutional controversies and problems concerning state legislation. High Courts are vested with the power to issue writs under Article 226 of the Constitution so as to defend fundamental rights and for other purposes as well. It is Article 214 which prescribes the jurisdiction of High Courts raging from several courts; currently, there are 25 High Courts in the country. Suffice is to say that such issues of civil or criminal jurisdiction shall be exercised in regard to High Courts where subordinate courts in the State are incompetent to hear the matters. Certainly, there is a reason why High Courts sometimes even entertain appeals against judgments or orders made by lower courts. The Judges of the High Courts are appointed by the President on advice of the Chief Justice of India, Chief Justice of the concerned High Court, and Governor of the State.
Subordinate Courts: Being the bottom most part of the judicial system subordinate courts have jurisdiction in a majority of civil and criminal cases. They operate under the administrative control of the High Courts and are very important in the delivery of justice in the society. Subordinate courts consist of various types of courts:

I. District Court: This is an organizational structure established in every district or grouping of districts in India in accordance with the case load and population density by the State Governments. They are directly under High Courts, and the determination of any such District Court is subject to the High Court. It is more common, however, that each district is divided into two broad classes of Courts:

Civil Courts: Deals with legal non criminal controversies such as real property litigation, marital controversies, and other civil matters.
Criminal Courts: Works mostly on solving the guilt of people and knowing whether the accused has committed a crime or not. There is normally always a District Court presided over by the District Judge. Depending on the work load, one or more Additional District Judges and Assistant District Judges may be appointed. A higher court will deal with the appeals from the verdict of the District Court.

II. Sessions Courts: Sessions Courts are part of the District Courts but are only to be used if there are Sessions Courts to hear history of serious criminal acts. These Courts are competent to conduct trials in respect of offenses punishable by death or life imprisonment or more than 7 years imprisonment. Headed by a Sessions Judge, they are largely responsible for hearing cases that have been transferred by the Magistrate Courts to them.

III. Chief Judicial Magistrate (CJM) Courts: Chief Judicial Magistrate Courts deals with further lower grade of crime with powers to impose certain penalties out of which incarceration is provided for a maximum of seven years. The CJM oversees the Magistrate Courts within their jurisdiction and ensures that the administration of justice is carried out efficiently.

IV. Judicial Magistrate Courts: There are categories of Judicial Magistrate Courts:

First Class Judicial Magistrate Courts: Such judicial magistrates’ courts do not try criminal or more serious offenses. They can only issue sentences of imprisonment not greater than three years and fines.
Second Class Judicial Magistrate Courts: They do not have the power to deal with serious criminal offenses and only impose theoretical sentences of up to one year imprisonment and sometimes fines.

V. Civil Courts (Subordinate Judges): Civil courts, more popularly called Subordinate Judges’ Courts, dispose of those civil suits which cannot be heard by the District Courts. Such courts have many civil suits: from a small claim to a more complicated one.The subordinate courts system is very functional and interrelated in terms of justice delivery in all tiers of the system so as to enhance efficient justice administration. There operation and supervision by the High Courts promote the stability and efficiency of the Judiciary in India.

Lok Adalats/Village Courts: Such courts are set up at the village level and they seek to achieve the means of dispositional justice otherwise called therapeutic jurisprudence. They operate in relation to civil, family and petty criminal disputes, with emphasis on speedy, cheap and consensual resolution of matters. Their decisions are conclusive in nature and are made under the Legal Services Authorities Act, 1987.
Tribunals: Tribunals are established functional courts of limited jurisdiction to deal with particular subjects such as taxation, land rights, consumer matters and other administrative functionality. They work outside the court system and provide more expertise and swifter solutions. They have the power of civil court with finality proportional to the final court, from which there is an appeal.[2]

ROLES AND AUTHORITY OF THE JUDICIARY

Judicial Review: One of the prime and most powerful functions and features enjoys by the Indian judiciary is judicial review wherein the courts have the scope of reviewing the constitutional validity of the statutes passed by the legislature as well as the actions taken by the executive. This allows the courts to make sure that legislation and government action are all within bounds set by the Constitution. If an Act or any action of the government is found to contravene the Constitution, then they have the power to nullify it. It is one of the most delicate tools, which the Courts have to restrict the legislatures and the executives in the spirit of the Constitution and in the interest of the rights of individuals.
Administration of justice: The judiciary is the backbone in the settlement of disputes arising between persons, from persons to the state, from and between states. Through a system of checks and balances, the adjudicatory arm of government has ensured that justice in all its ramifications is done. This function includes hearing cases, evaluating evidence, interpreting laws, and delivering judgments. By settling disputes, the judiciary upholds the rule of law and maintains social order, fostering public confidence in the legal system.
Protection of fundamental rights: It is the duty of the courts to protect the fundamental rights provided in the Constitution. These generally include the right to equality, free speech, prohibition from discrimination and others. If the citizens feel that their fundamental rights have been violated, they have a recourse in the courts. The courts are also granted the power to make such ‘writs’ and orders for the protection of such rights, such that no one is deprived of their constitutional rights. This protective function of the courts is of particular importance in the preservation of democracy and of the dignity of man.
Interpretation of laws: The task of making the law is given to the judiciary, with emphasis placed on the interpretation of laws and legal principles. Many laws tend to be obscure, and it is through legal interpretation, that the legislation ascribed to through the courts brings about clarity regarding the application of the laws in question. This function necessarily deals with the language, structure, purpose of the Act and the scheme of precedent. The executive and other quasi-judicial authorities as well as ordinary individuals and subordinate courts receive directions from the judiciary on what laws are to be administered when and how thus enhancing order and internal reasoning within the legal framework.
Advisory Role: The President of India wears this additional prerogative under Article 143 to ask the Supreme Court for its opinion on any important matter or a complicated legal issue of public interest. Though these opinions are not legally binding, they are still influential politically and legally. This non-decision making role of considering arguments presented by different counsel prevents misaddressing of complex legal problems which affects the executive and legislative decision making centers. This consultative function serves to expand the judiciary’s reach in both legal and policy making processes.[3]

JUDICIAL SYSTEM IN INDIA – ISSUES AND CONCERNS

Case Backlog: The Indian judiciary is under severe stress due to an accumulation of cases with no resolution. In the year 2023, more than 4.5 crore cases are pending in different courts which has led to drastic delays in justice being served. Due to this backlog, people who are involved in litigation will have to wait years or even decades before their pending cases are disposed of, which severely damages the confidence of the people in the judicial system. Most of all the delays are related to the people seeking for justice but they are patience because they have experienced way worse things. However, delays in looking for justice also put pressure on the system and therefore it becomes very complex for courts to carry out their operations in good order.
Judicial Vacancies: A few judicial appointments are made especially within the lower courts where the gap is extremely huge. As of 2024, over five thousand judatorial posts in the lower courts are unoccupied, which makes worrying trends in the adjudication of cases. This extends to High Courts and to the Supreme Court exacerbating further the challenge of pend-ency. The limited number of judges creates more work load to the few currently serving judges which results to burn out and inefficiency in adjudicating cases.
Access to Justice: Even though the Constitution provides that all are equal before the law, there are some sections within certain communities whom fighting for justice still remains a long shot. Expensive fees for proceedings, insufficient knowledge of the law and the systems in place, and some parts of the country being secluded are few of the major contributing factors. The ill-effect of these inhibitions is that a lot of people remain unjustified, caused by socioeconomic retardation. Protecting the right of each individual regardless of their social and economic position requires legal services is important for justice to prevail against the oppression of the poor and helpless.
Judicial Independence: The Constitution as such guarantees the independence of the judiciary. Some critics point out, however, the problems of the judiciary selection system, its politicization, and the issue of judicial activism that raises doubts concerning the justice and independence of the judicial branch. Public confidence in the judiciary can be lost when judges are pressured or attempts are made to pressure the judges. To foster the public confidence in the judicial system, transparent and just processes of appointments are imperative.
Corruption and Accountability: The judiciary has, however, faced criticisms especially for those perpetrated against it by the members in it, and indeed the accusations for judicial corruption in the junior courts have in particular undermined the institution. The same goes for judges, the absence of which discourages the people from employing the judiciary. You must address corruption and also address the issue of accountability through checks and balances and disciplining any wayward officials of the judiciary to ensure the courts retain Ottawa and the public to retain their faith in the core structures of power.

RECENT REFORMS AND INNOVATIONS

Recent reforms and innovations have been implemented due to improvement concerns following what the judiciary faced:

E-Courts Project: The e-courts project was started by the Government of India with the objective of completing the court procedures electronically, conducting hearings via video conferencing, and increasing availability of court records to the credible members. As a result, this program is likely to shorten waiting times, lower corruption levels and increase overall effectiveness through better service. The purpose of the project is to organize the work of judicial institutions so that both the volume of paperwork and the time spent in the courts reduce and the optimal access to information about the case is provided to the parties for all concerned. Video communication, internet filing systems and electronic case law reporting are included in this project as main streams.[4]
Fast Track Courts: Due to excessive case backlog, the government has set up fast track courts to deal with a select category of cases for instance sexual and commercial cases. These courts also help to speed up the judicial process and enable people to obtain justice as quickly as possible, relieving the strain on the ordinary courts. Fast track complaints are heard by specially trained judges, and only the minimum necessary facts are checked, allowing legal action with minimum evidence, encouraging quick resolution of complaints with the desired normal quality.[5]
National Judicial Data Grid (NJDG): The NJDG has real time data on case pend-ency in various courts, so it plays a critical role in managing cases. Provision of such statistics and performance metrics through the NJDG enhances monitoring of the performance of the judiciary and the capture of the constraints in the system. The above permits all decision making and resource allocation to be based on facts thus improving the overall performance of the judiciary.[6]
Alternative Dispute Resolution (ADR): Promotion of use of ADR methods, arbitration, mediation, conciliation, has been an important policy reform initiated in order to ease the courts’ load. This leads to faster resolution of disputes and less resources are needed for litigation, which allows the distribution of justice to be more effective. These methods enable the parties involved to resolve their disputes without hostility and maintain their relationship. As in other judiciaries, the promotion of ADR within the Indonesian judicial system also resulted in the creation of mediation units in courts and ADR provisions in the contracts.
Judicial Appointments Commission: These critiques are directed towards the longstanding patronage of the judicial office through appointments and the need to reform the system. The National Judicial Appointments Commission (NJAC) sought to more facilitate the appointment and election of judges in order to make the process more transparent and participatory. This, however, was invalidated by the Supreme Court of India in 2015, citing threat to the independence of the judiciary as the primary reason. Nevertheless, efforts remain geared towards striking a balance between the independence of Courts and the demands for transparency and accountability in the court appointment processes.

THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION (ADR)

Contribution of ADR to the Judicial System

Alternative Dispute Resolution (ADR) is a remarkable change introduced to ease the pressure on Indian courts by offering ways for resolving conflicts without going through the courts. ADR includes several methods that include arbitration, mediation, conciliation, and negotiation all of which aid in the judicial system being responsive and efficient in a variety of ways:

Fast Resolution of Cases: Compared to the often long-winded process of going through litigation which is the common means of resolving disputes in Indian courts, ADR is relatively faster. Possible resolutions of disputes where court lawsuits are the center of focus can take many years or decades but with ADR, these disputes can be settled in a reasonable time frame. This fast resolution process is most desirable when dealing with commercial disputes where time is very important.
Cost efficient: There are reduced legal costs for the parties seeking ADR. Litigation can be quite costly involving court and attorney costs and other costs associated with the entire litigation process. Other ADR techniques like mediation and conciliation are also cheaper thus making it possible for more people to seek justice despite the very expensive nature of the litigation process.
Lower Levels Of Formality: A distinct benefit of ADR is that it is more informal when compared to the court processes. Other processes such as mediation and conciliation are also more informal and less time consuming and may allow for faster and amicable settlements. This informality promotes all the stakeholders to able to communicate and work together and more often, reach agreeable end outcomes for all the parties involved.
Privacy: For instance, the ADR characteristics are such that privacy is guaranteed to either party in ADR. This is advantageous in instances of business disputes where some information may be sensitive. Because of the confidentiality of the proceedings, a business that is embroiled in an ADR may not suffer loss of reputation or its trade secrets exposed that would have otherwise been the case in a courtroom.
Alleviating the Case Backlog: Perhaps the most important of all the advantages of ADR, it contributes in a very big way in minimizing the case backlogs in Indian courts. Therefore diverting civil, commercial and family disputes to other forums will ease the pressure on the courts to only focus on serious or constitutional issues. This re-allocation of cases avoids congestion within the judicial system thereby making it more efficient as a whole.[7]

CONCLUSION

The judiciary in India plays an irreplaceable role in the democratic structure of governance within the country by interpreting the constitution and bringing justice along with the protection of rights of the people. This is a well-documented system that is also insulated with a legal structure, which is generally serving the purpose of selling throughout the restoring of the order. Even so, even with its strengths, there are issues within the public administration, more so the judiciary, that make it dysfunctional. These include the prevalence of a huge backlog of cases, shortage of judges, and denial of justice to the poor and those less fortunate.

Recently, such innovations as e-courts as well as fast track courts and alternative dispute resolution justice promotion, have kindled some of the challenges mentioned above. Unfortunately, these efforts have not been enough to wipe away these issues. And this includes, but is not limited to, clearing the commissions which are overdue as well as reestablishing the courts in place of the ones that have been lost but equally importantly that justice must be given to everyone regardless of social standing or how rich a person is.

It can be summed up as follows: Although we have witnessed positive developments in the Indian Judiciary lately, there is no substitute for the ongoing efforts to improve its independence, integrity and effectiveness. If these challenges are tackled comprehensively, the Indian judiciary will continue to fulfill its critical function of protecting democracy and the rule of law, making it possible for the general public to see that justice has, indeed, been served and not merely theoretically.

REFERENCES

Animal law, Introduction to Indian Judicial System, https://www.animallaw.info/article/introduction-indian-judicial-system (last visited Oct 13, 2024)
Byju’s, Introduction to Indian Judiciary, https://byjus.com/free-ias-prep/indian-judiciary/ (last visited Oct 13, 2024)
Unacademy, Judiciary in India, https://unacademy.com/content/kerala-psc/study-material/indian-constitution/judiciary-in-india/ (last visited Oct 13, 2024)
India code, The Constitution of India, https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf (last visted Oct 13, 2024)
Department of Justice, National Missions and Judicial Reforms, https://doj.gov.in/national-mission-judicial-reforms/ (last visited Oct 13, 2024)
Department of Justice, Fast Track Special Courts (FTSCs), https://doj.gov.in/division/ecourts/ (last visited Oct 13, 2024)
Civil Daily, Supreme Court’s Integration with the National Judicial data grid, https://www.civilsdaily.com/news/supreme-courts-integration-with-the-national-judicial-data-grid/ (last visited Oct 13,2024)
Jusip, Role of alternate dispute resolution, https://www.jusip.in/role-of-alternate-dispute-resolution-adr/ (last visited Oct 20, 2024)

[1] Unacademy, https://unacademy.com/content/kerala-psc/study-material/indian-constitution/judiciary-in-india/ (last visited Oct 13, 2024)

[2]Animal law, https://www.animallaw.info/article/introduction-indian-judicial-system (last visited Oct 12, 2024)

[3] Byju’s, https://byjus.com/free-ias-prep/indian-judiciary/ (last visited Oct 13, 2024)

[4] Department of Justice, https://doj.gov.in/division/ecourts/ (last visited Oct 13, 2024)

[5] Department of Justice, https://doj.gov.in/fast-track-special-court-ftscs/ (last visited Oct 13, 2024)

[6] Civil Daily, https://www.civilsdaily.com/news/supreme-courts-integration-with-the-national-judicial-data-grid/ (last visited Oct 13,2024)

[7] Jusip, https://www.jusip.in/role-of-alternate-dispute-resolution-adr/ (last visited Oct 20, 2024)

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