India Briefing, 1993 by Philip Oldenburg

Author:Philip Oldenburg [Oldenburg, Philip]
Language: eng
Format: epub
Tags: Social Science, Political Science, World, Asian, Regional Studies
ISBN: 9780429715860
Google: YbuZDwAAQBAJ
Goodreads: 10288389
Publisher: Routledge
Published: 1993-09-20T00:00:00+00:00

The Constitution and the Legal System

India has an extensive legal system operating under the constitution and in aid of it. Its roots are ancient, its development modern. So far, the legal system has shown both notable successes and inadequacies in meeting its responsibilities. This section first examines the legal-judicial system as it is today and then looks at its historical development and the intersection of law and society.20

At the top of the structure is the Supreme Court. It is an appellate court with original jurisdiction on constitutional, federal, and human rights issues and has the authority to issue writs of habeas corpus and mandamus, among others. Appointments to the court are made by the president (that is, by the government, i.e., the law minister and the prime minister), usually from among high-court judges, after consultation with the chief justice of India, who may consult other judges. Below the Supreme Court are the high courts, typically one in each state. These are not state courts, although they have close relationships with state governments. They, too, have the authority to issue writs, and they supervise the subordinate judiciary below them. The president appoints these judges after consultation with the chief justice of India, the chief justice of the high court concerned, and the governor of the state. Appointees come from both the bar and the state’s judicial service.

The top level of the subordinate judiciary is the District Court in the district’s headquarters town, or elsewhere—each state being divided into a number of administrative units called districts. When dealing with civil matters, this is called the District Court; when dealing with criminal matters, it is the Court of Session; otherwise, nomenclature may vary from state to state. The civil courts are established by state legislation, although the parliament may act on them and their staffing is provided for in the constitution. The criminal courts are provided for in the Criminal Procedure Code. One judge may preside over both district and session courts, with the aid of other judges. Below the District Court is the Court of the Subordinate Judge, First Class, or the Civil Judge, Senior Division. The lowest court is the Court of the Civil Judge, Junior Division, sometimes also called the Court of the Subordinate Judge, Second Class, or the Court of the Munsiff. Below the Court of Session are Judicial Magistrates, First and Second Class, and Metropolitan Magistrates. In either civil or criminal matters, cases go to the lowest court in which they are eligible. Criteria for the jurisdiction of the courts are the seriousness of the offense on the criminal side and the money involved in civil cases. (For example, a Court of Session will hear cases of treason, murder, rape, extortion of a confession, and defamation of the president.) Appeals may be made upward to the high courts. Attempts have been and still are being made to establish village courts called judicial panchayats for petty cases. These elected bodies have been established in some states more than others

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