INDIAN LEGAL SYSTEM THE PRIMARY ORIGINS OF LAW: The Indian Constitution customary law case law, and Statutes (legislation).

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1 INDIAN LEGAL SYSTEM The Indian Legal System is one of the oldest legal systems in the entire history of the world. It has altered as well as developed over the past few centuries to absorb inferences from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo Saxon character of judiciary which is basically drawn from the British Legal System because of the long period of British colonial influence during the British Raj. There is a single hierarchy of courts in India. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Each state drafts it own laws, however all the states have more or less the same laws. Laws directed by the central government and the Supreme Court of India via judicial precedent or general policy directives are binding on all citizens of each state. Each state has its own labor laws and taxation rates. THE PRIMARY ORIGINS OF LAW: The Indian Constitution customary law case law, and Statutes (legislation). Among these, the statutes are operated by the Parliament, union territory legislatures and state legislatures. There are mainly two categories under which the Indian legal system operates, these include Indian Civil Law and Criminal Law India is a land of diversified culture, local customs and various conventions which are not in opposition to the statue or ethics. People of different religions as well as traditions are regulated by all the different sets of personal laws in order to relate to family affairs. CLASSIFICATIONS OF INDIAN LEGAL SYSTEM: The judicial system or Indian legal system is a unique feature of the Indian Constitution. It is an integrated system of courts that administer both state and union laws. The Supreme Court of

2 India is the uppermost part in the Indian legal system. Under this, each state or a group of states possesses High Courts. There are several subordinate courts under these High Courts. BASICS OF INDIAN LEGAL SYSTEM: The President of India appoints the Chief Justice and the other judges of the Supreme Court. The Supreme Court of India has its own advisory and appellate jurisdiction that extends to the enforcement of primary rights mentioned by the Indian Constitution and to any argument in between the Government of India and all the states of India. While the Indian legal system is measured fair, a large backlog of different types of cases can be found and regular dissolutions can effect in the delay before the closing of a particular case. Though, matters of precedence and public interest are dealt with efficiently. Besides these, interim relief is also allowed in other cases where it is necessary. JUDICIARY SYSTEM IN INDIAN VILLAGES: In rural areas of India, people are encouraged to resolve their problems with help of one main legal system which is ʺPanchayats.ʺ It is mainly a group of five respected people of a village and they are appointed by the local people to solve their problems. Moreover, to encourage both the trade and industry in India, the existing settlement law is proposed to be improved under the Arbitration and Conciliation Bill 1995 COURTS STRUCTURE: India has a quasi federal structure with 29 States further sub divided into about 601 administrative Districts. The Judicial system however has a unified structure. The Supreme Court, the High Courts and the lower Courts constitute a single Judiciary. Broadly there is a three tier division. Each District has a District Court and each State a High Court. The Supreme Court of India is the Apex Court. Each State has its own laws constituting Courts subordinate to the District Courts. Besides, a number of judicial Tribunals have been set up in specialized areas. The significant Tribunals are: Company Law Board; Monopolistic and Restrictive Trade Practices Commission; Securities Appellate Tribunal; Consumer Protection Forum; Board for Industrial and Financial Reconstruction; Customs and Excise Control Tribunal; Tax Tribunal; etc. These Tribunals function under the supervisory jurisdiction of the High Court where they may be situated. SUPREME COURT The Indian Judicial System has the Supreme Court of India at its helm, which at present is located only in the capital city of Delhi, without any benches in any part of the nation, and is

3 presided by the Chief Justice of India. The Supreme Court of India has many Benches for the litigation, and this apex court is not only the final court of permissible Appeal, but also deals with interstate matters, and matters comprising of more than one state, and the matters between the Union Government and any one or more states, as the matters on its original side. The President of India can always seek consultation and guidance including the opinion of the apex court and its judges. This court also has powers to punish anybody for its own contempt. The largest bench of the Supreme Court of India is called the Constitution Bench and comprises of 5 or 7 judges, depending on the importance attached of the matters before it, as well as the work load of the court. The apex court comprises only of various benches comprising of the Divisional benches of 2 and 3 judges, and the Full benches of 3 or 5 judges. The Appeals to this court are allowed from the High Court, only after the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation, and is certified as such by the relevant High Court. In the absence of any certificate from the High Court, a person may, with the leave of the apex court, appeal to this court, by filing a Special Leave Petition before the court. A person or body may also file a Writ against the violation of Fundamental Rights granted under the Constitution of India, with the permission of the apex court. Certain writs are allowed to be instituted in the apex court directly, against the orders of the Courts of the Court Martial, and the Central Administrative Tribunals. HIGH COURTS Every State has a High Court, which works under the direct guidance and supervision of the Supreme Court of India, and is the uppermost court in that state, and generally the last court of regular appeals. Though generally the High Courts are only the courts of Appeal, however in the three presidency towns (As the British had then termed) of Mumbai [Bombay], Chennai [Madras] and Kolkata [Calcutta], the High Courts also have powers of the original Side beyond a certain financial limit. The High Courts are also termed as the courts of equity, and can be approached in writs not only for violation of fundamental rights under the provisions of Article 32 of the Indian constitution, but also for any other rights under Article 226 of the Constitution, and under its powers to supervise over all its subordinate courts falling within the physical jurisdiction of the same under Article 227 of the Constitution. In fact, when apparently there is no effective remedy available to a person in equity, it can always move the High Court in an appropriate writ.

4 High Courts frame their own rules, and arrange to implement them. Under certain provisions of Law, the High Courts have the ordinary original civil jurisdiction. Many times the High Courts have concurrent jurisdiction along with its subordinate courts, for effective remedy at the earliest. All the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice. For the purpose of disposal of its business, the Judges in the High Court, either sit singly or in benches of two or more judges in benches for deciding more important matters. SUBORDINATE COURTS TO HIGH COURT Each state is divided into judicial districts presided over by a ʹDistrict and Sessions Judgeʹ. He is known as a District Judge when he presides over a civil case, and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority below a High Court judge. Below him, there are courts of civil jurisdiction, known by different names in different states DISTRICT JUDGES These courts are primarily Civil Courts to hear generally the appeals from the courts of original civil jurisdiction in the Districts and Tehsils (Talukas). However these courts have also been given original civil jurisdiction under many enactments. SESSIONS JUDGES These courts are primarily Criminal Courts, with jurisdiction to revise the orders from the subordinate magistrates as well as to try serious offences, as prescribed by law. APPELLATE CO OPERATIVE COURTS These courts hear only the Appeals and revisions emanating from the judgments and orders of the subordinate original Co Operative Courts and officers, under the provisions of various Co Operative and related laws. APPELLATE LABOUR COURTS These courts hear only the Appeals and revisions emanating from the judgments and orders of the subordinate original Labour Courts and

5 officers, under the provisions of various labour and related laws. INCOME TAX TRIBUNALS These courts though being primarily administrative in nature, yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department, under the provisions of the Income Tax and other relevant laws. CENTRAL EXCISE TRIBUNAL These courts though being primarily administrative in nature, yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department, under the provisions of the Central Excise Act and other relevant laws. SALES TAX TRIBUNALS These courts though being primarily administrative in nature, yet they hear the Appeals and revisions emanating from the judgments and orders of the subordinate officers of the department, under the provisions of the Sales Tax and other relevant laws of both the union government as well as various state governments. CITY CIVIL & SESSIONS COURTS These Courts are only in the Presidency Towns of Mumbai, Chennai and Kolkata, and are primarily Civil Courts of original jurisdiction of higher monetary valued suits, however these courts have also been given powers of certain appeals against its subordinate small causes courts. The sessions courts are primarily Criminal Courts, with jurisdiction to revise the orders from the subordinate metropolitan magistrates as well as to try serious offences, as prescribed by law. ACCIDENT CLAIMS TRIBUNAL These tribunal try only the Claims of the victims of various road and rail accidents. Though there are very few rail Accident tribunals, however there is generally at least one Motor Accident Claims Tribunals in every district. These courts have a completely different Court Fees structure compared to those of the regular civil courts of original jurisdiction.

6 REVENUE TRIBUNALS AND OTHER SUBORDINATE REVENUE COURTS There are various revenue Tribunals and other subordinate revenue Appellate bodies in the administrative hierarchy of the Revenue Departments of various State Governments to hear the matters pertaining to the land revenue and other relevant laws of various states. SPECIAL COURTS The governments from time to time also appoint certain Special Courts to try particular matters deemed to be very important for public life, and for expeditiously trying these matters, which are mainly treated as very grave and heinous compared to the actual charges of sections framed against the persons tried, mainly as leading public enemies. There are also other courts not subordinate to any of the High Courts, but where only a writ may lie before the High Court or only to the Supreme Court. ADMINSITRATIVE TRIBUNALS The Central Government as well as the State Governments have set up various administrative tribunals for the purpose of conducting various disciplinary actions against their senior and other employees, as well as for their grievance redressal. These tribunals work under special laws framed, and form an hierarchical pattern for the conduct of their business. MILITARY AND OTHER SUBORDINATE COURTS These Courts also known for their procedure called Court Marshall, are made in the administrative hierarchy o the army, navy and air force of the nation under various acts governing them individually, and are completely separated from any other procedure or court, though still well within the four corners of the national constitution. THE JUDICIARY: The Indian judiciary has a reputation of being independent and non partisan. Judges are not appointed on political considerations. They enjoy a high standing in society. ***