The Indian Constitution has established an integrated judicial system with the Supreme Court at the top, followed by the High Courts. There is a hierarchy beneath a High Court such as district courts and other lower courts. This unified judicial system, which was adapted from the Government of India Act of 1935 is responsible for enforcing both central legislation as well as state legislation.

Introduction

• The judiciary is the arm of government responsible for interpreting the law, resolving disputes, and providing justice to all citizens.
• The judiciary is seen as the custodian of the Constitution as well as the watchdog of democracy. It is critical for a democracy to function properly to have an unbiased and independent court.

Characteristics

One of the Oldest Judicial Systems in the World

• The judicial system of India is one of the most well-known in the world which is employed to interpret and implement the laws of the land.
• The doctrine of separation of powers allows the court the authority to interpret laws as they see fit. The judiciary does not create statutory laws for the country but rather interprets and applies them.

Single and Integrated Judicial System

• In India, the Constitution establishes an integrated and distinct judicial system.
• The Supreme Court is at the very top of the combined system. Following the Supreme Court, there are state-level High Courts
• There is a well-organized structure of district courts and inferior courts under the High Courts. India’s judiciary is integrated since the country is a federation with a strong central government that has greater authority than the states.

Independence of Judiciary

• It implies that the executive and legislative branches of government do not interfere with the judiciary’s ability to function. Other organs accept the judiciary’s ruling and do not interfere with it. It also implies that judges are free to carry out their duties without fear of reprisal. The judiciary’s independence does not imply that it operates arbitrarily and without regard for the law. It is responsible for the country’s Constitution.
• The Constitution has a number of clauses that guarantee the judiciary’s independence is preserved and protected.

Judicial Activism

• Judicial activism is a word that developed in the United States.
• In the backdrop of unconstrained behavior by both legislative and executive organs, the idea of judicial activism evolved fast over time and gained enormous acceptability among the Indian people.

Judicial Review

• The notion of judicial review was first proposed in the United States of America in the Marbury v. Madison case of 1803.
• When it comes to constitutional review in India, however, the Supreme Court and High Court have the ability to do so under the Constitution.
• In addition, the Supreme Court of India has held that the power of judicial review is a fundamental feature of the Constitution that cannot be removed even by a constitutional amendment.
• If any legislative enactment or executive order of the State or Central governments is found to be in violation of the Constitution during the Judicial Review, it would be deemed illegal.

Interpreter of the Constitution

• The Supreme Court of India interprets the Indian Constitution and is the highest court in the country with the authority to interpret the Constitution.
• All subordinate courts will be bound by the Supreme Court’s ruling.
• The Constitution is interpreted by the judiciary through the examination of statutory statutes and provisions. The judiciary has repeatedly created precedents for the interpretation of the Constitution, which is a mammoth job in and of itself.

Structure

• India has a single judicial system that is fully integrated.
• India’s judicial system is organized in a pyramidal structure, with the Supreme Court (SC) at the apex.
• The Supreme Court is over the High courts, which are followed by the District and Subordinate courts. The lower courts work directly under the supervision of the higher courts.

The figure below depicts the country’s court system’s structure and organization.

Aside from the aforesaid framework, the legal system is divided into two branches:

• Criminal law is concerned with any citizen or corporation committing a crime.
• Civil law deals with disputes about a citizen’s fundamental rights being violated.