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    The Indian Legal System

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    Anvesha Chaturvdi
    The Indian legal system follows the common law model of the British legal system. It has a hierarchical court structure with the Supreme Court at the top, followed by state High Courts, district courts, and lower courts. The Supreme Court acts as the final court of appeal and has original jurisdiction over disputes between states. High Courts act as the final court of appeal within their state's jurisdiction. India also has specialized tribunals that operate alongside the regular court system. Judicial independence and the power of judicial review of other branches of government are core principles of the Indian legal system.

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    The Indian Legal System

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    Anvesha Chaturvdi
    13 views5 pages
    The Indian legal system follows the common law model of the British legal system. It has a hierarchical court structure with the Supreme Court at the top, followed by state High Courts, district courts, and lower courts. The Supreme Court acts as the final court of appeal and has original jurisdiction over disputes between states. High Courts act as the final court of appeal within their state's jurisdiction. India also has specialized tribunals that operate alongside the regular court system. Judicial independence and the power of judicial review of other branches of government are core principles of the Indian legal system.

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    The Indian legal system follows the common law model of the British legal system. It has a hierarchical court structure with the Supreme Court at the top, followed by state High Courts, district courts, and lower courts. The Supreme Court acts as the final court of appeal and has original jurisdiction over disputes between states. High Courts act as the final court of appeal within their state's jurisdiction. India also has specialized tribunals that operate alongside the regular court system. Judicial independence and the power of judicial review of other branches of government are core principles of the Indian legal system.

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    Download as PDF, TXT or read online from Scribd
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    13 views5 pages

    The Indian Legal System

    Uploaded by

    Anvesha Chaturvdi
    The Indian legal system follows the common law model of the British legal system. It has a hierarchical court structure with the Supreme Court at the top, followed by state High Courts, district courts, and lower courts. The Supreme Court acts as the final court of appeal and has original jurisdiction over disputes between states. High Courts act as the final court of appeal within their state's jurisdiction. India also has specialized tribunals that operate alongside the regular court system. Judicial independence and the power of judicial review of other branches of government are core principles of the Indian legal system.

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    The Indian Legal System

    Article · January 2009


    DOI: 10.1017/S0731126500003024 · Source: OAI

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    International Journal of Legal Information
    the Official Journal of the International Association of Law Libraries
    Volume 36
    Issue 2 Summer 2008 - Global Challenges & the Article 8
    Indian Legal System

    March 2009

    The Indian Legal System


    B. N. Srikrishna
    Chairman of the Sixth Pay Commission of the Government of India

    The International Journal of Legal Information is produced by The International Association of Law
    Libraries.

    Srikrishna, B. N. (2008) "The Indian Legal System," International Journal of Legal Information: Vol. 36: Iss. 2, Article 8.
    Available at: http://scholarship.law.cornell.edu/ijli/vol36/iss2/8

    This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for
    inclusion in International Journal of Legal Information by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more
    information, please contact jmp8@cornell.edu.
    The Indian Legal System

    B.N. SRIKRISHNA*

    The legal system in India follows the common law model prevalent in
    the countries which were at one time under British Rule or were part of the
    British Commonwealth. The jurisprudence followed in India is almost the
    same as the one prevalent in England, though it has been cross-fertilized by
    typical Indian values.

    The Constitution of India has set up three branches of the State:


    1. the executive,
    2. the judiciary, and
    3. the legislature.
    These are demarcated by their respective areas of jurisdiction. The judiciary is
    invested with the power to ensure that all organs of the Constitution act within
    their respective constitutional limits. It is also the sole interpreter of the
    constitution and the sole arbiter in all constitutional disputes.

    India follows the adversary system of legal procedure. This means


    that the judge acts as a neutral arbiter upholding the balance between the
    contending rivals without actively taking part in the forensic debate in the
    court.

    The legal hierarchy places the Supreme Court at the Apex. It


    adjudicates constitutional issues and also acts as the final court of appeal in
    certain civil and criminal matters. The Supreme Court also exercises
    extraordinary Constitutional powers to issue high prerogative writs in cases
    adjudicating infringements of the fundamental rights guaranteed by the
    Constitution.

    *
    Mr. Srikrishna is a former justice of the Supreme Court of India. He holds an
    LL.B and LL.M from the Government Law College and the University of Mumbai
    respectively. In his early career, he specialized in the filed of labor and industrial law
    where he gained distinction. He was appointed as a judge of the Bombay High Court
    in 1990, and was later appointed as Chief Justice of High Court of Kerala in 2001. He
    was elevated to the Supreme Court in 2002, and retired in 2006. Mr. Srikrishna
    currently serves as Chairman of the Sixth Pay Commission of the Government of
    India.
    242
    2008] B.N. SRIKRISHNA 243

    The Supreme Court also exercises the extraordinary Constitutional


    power under Article 136 of hearing appeals in civil and criminal cases by
    Special Leave. Although, the judgment of the State High Court is conclusive
    in almost all matters, it would be subject to an appeal before the Supreme
    Court either by Leave granted by the High Court under Articles 132 and 133
    or by Special Leave granted by the Supreme Court under Article 136 of the
    Constitution. The Supreme Court also exercises original jurisdiction in
    disputes between States or in disputes between one or more States and the
    Union of India.

    Each State has its own High Court which is the final court of appeal
    in that jurisdiction. The High Court, apart from being the final court of appeal
    in civil and criminal matters, also exercises extraordinary constitutional
    jurisdiction under Articles 226 and 227. Under Article 226, it is empowered
    to issue high prerogative writs in cases of breach of fundamental rights and
    also in other cases where any State organ acts in an illegal manner or without
    jurisdiction and causes injustice to person that is irreparable by the normal
    mode of litigation. Since the power is an extraordinary one, it is discretionary
    on the part of the High Court to exercise it. Under Art.227 of the Constitution,
    the High Court is charged with the duty of ensuring that the Courts and
    Tribunals subordinate to it act within their jurisdictional limits. The High
    Court is also in charge of the administration of justice in the State. The power
    to appoint and/or to dismiss subordinate Judges is to be exercised by the State
    in consultation with and as recommended by the High Court while their
    promotion postings and other connected matters are exclusively within the
    High Court’s domain.

    Below the High Court, there is a District Judge in each District who is
    in charge of the administration of justice in his District. He would act as the
    Court of Appeal in most matters and also as the court of original jurisdiction
    in some matters with large pecuniary stakes. The District Judge serves in an
    appellate court in respect of civil and criminal appeals arising in the District
    and also exercises power of a court of sessions dealing with criminal trials of
    serious offences. Below the District Judge, there would be Judges at lower
    levels of the rank of Junior or Senior Civil Judges, and Magistrates
    administering criminal jurisdiction.

    Although, the model of legal administration in India is closely akin to


    the Common Law model, the Indian courts must keep the Constitutional
    values in mind while administering justice. The signature theme of the
    constitution, as pointed out by the Indian Supreme Court, is social justice, and
    that is uppermost in the minds of the courts administering justice.
    244 INTERNATIONAL JOURNAL OF LEGAL INFORMATION [Vol. 36.2

    Apart from the hierarchy of regular courts, the Constitution also


    makes provisions for special Tribunals to aid in the administration of justice.
    Articles 323A and 323B empower the Government to set up special tribunals
    to deal with causes in special areas. Thus we have Tax Tribunals,
    Administrative Tribunals, Land Tribunals, and so on. These courts exercise
    large powers in their respective areas. There are also special forums like the
    Consumer courts, Electricity Regulatory Commission, Telecom Disputes
    Tribunal, each with an elaborate setup and an Appellate forum.

    Judicial Independence is one of the basic features of the Indian


    Constitution and the courts jealously guard it. No incursion into the judicial
    arena by the executive or legislative, except as authorized by the Constitution,
    would ever be tolerated by the courts. Even the appointment of Judges to the
    High Courts and Supreme Courts has been taken over by the Judges by a
    creative interpretation of the Constitutional provisions.

    The Doctrine of Judicial Review of legislative and executive acts is


    another immutable value of the Indian legal system. It goes hand in hand with
    the doctrine of Independence of the Judiciary.

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