Exploring the Nature of the Indian Judiciary System
Dec 14, 2023, 21:16 IST
The Indian judiciary system is a complex and vital pillar of the Indian democracy, upholding the rule of law and safeguarding citizens' rights. Here's a breakdown of its key characteristics:
- Pyramidical structure: The system is pyramidal, with the Supreme Court at the apex, followed by 25 High Courts in different states and territories, and then a network of subordinate courts at district and lower levels.
- Independence: The judiciary is independent of the legislature and executive branches, ensuring impartial justice and preventing abuse of power.
- Federal and unitary features: The system has both federal and unitary features. High Courts have jurisdiction over their respective states, while the Supreme Court holds jurisdiction over the entire country,ensuring uniformity and consistency in legal interpretations.
- Common law system: India follows the common law system, where precedents set by previous court decisions play a crucial role in shaping future judgments.
- Judicial review: The Supreme Court has the power of judicial review, allowing it to strike down laws and government actions deemed unconstitutional. This power ensures that the Constitution remains the supreme law of the land.
- Guardian of the Constitution: The judiciary is considered the guardian of the Constitution, protecting fundamental rights and ensuring that all branches of government operate within its framework.
- Accessibility and affordability: The judiciary strives to be accessible and affordable to all citizens, with legal aid initiatives and simplified procedures for certain cases.
Challenges and reforms:
- Backlog of cases: The system faces a significant backlog of pending cases, leading to delays in justice delivery. Efforts are underway to improve efficiency and reduce pendency.
- Judicial appointments: The process of appointing judges has been criticized for lacking transparency and objectivity. Reforms are being implemented to ensure a more meritocratic and diverse judiciary.
- Social justice issues: The judiciary faces challenges in addressing issues like gender discrimination, caste inequalities, and access to justice for marginalized communities. Continuous efforts are made to ensure equal access to justice for all.