Explain the Judiciary system of India with three powers.
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Prevention of violation of law: In case of violation of law, a suit is filed against the offender. The judge hears both sides and decides whether there has been a break of the law. In case of violation of law, the judiciary establishes justice by providing redress and punishing the offender.
2. Making of new law: The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow precedents established in previous decisions; it can also overrule such precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court, decides constitutional questions. If there is any constitutional conflict or dispute between the Union and the States or among different States, the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. There are hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.
2. Making of new law: The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow precedents established in previous decisions; it can also overrule such precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court, decides constitutional questions. If there is any constitutional conflict or dispute between the Union and the States or among different States, the dispute is brought to the federal Court who decides and acts as the guardian of the federal constitution. There are hundreds of such constitutional cases decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.
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Judicial System in India
There is a single integrated judicial system in India. It is organized on pyramidal form. At the apex of the entire judicial system stands the Supreme Court of India.
Immediately below the Supreme Court are the various High Courts and below them are be subordinate courts in each state.
Supreme Court
The Supreme Court is the highest judicial tribunal in India. It consists of one Chief Justice and twenty-five (25) other Judge. They are appointed by the President of India. A Judge continues to remain in office till the age of 65 years. He may be removed by the President of the Republic on a report of Parliament on, grounds of proved misbehavior or incapacity.
The Supreme Court has original, Appellate, writ and Advisory Jurisdictions.
High Courts
The constitution of India envisages a High Court for each state. Parliament may, however, by law establish a common High court for two or more States.
Each High Court consists of a Chief Justice and one other Judges as the President of India may determine from time to time. The Judges are appointed by the president in consultation with the Chief Justice of India and the Governor of the concerned state. The Judges retire at the age of 62. A Judges may be removed by the President of India on a report of Parliament.
Subordinate courts
There are subordinate courts below the High court in each state.
The courts are under the complete control of the High court. The lower court (e.g. Nyaya Panchayat or Munsiffs court) deals with minor cases while the higher courts (e.g., subordinate Judge’s court or District Judge’s court) deal with important cases.
Appeals lie to the higher courts from the lower courts. An appeal may also lie to the High Court against the decisions of the District judge’s court or the Session Judge’s court.
In a Presidency town, there are city civil courts and Metropolitan Magistrates courts.
In this connection, we are to note that most of the Judges of the subordinate courts are appointed by the Governor in consultation with the High Court of the concerned State.
hope it is helpful
There is a single integrated judicial system in India. It is organized on pyramidal form. At the apex of the entire judicial system stands the Supreme Court of India.
Immediately below the Supreme Court are the various High Courts and below them are be subordinate courts in each state.
Supreme Court
The Supreme Court is the highest judicial tribunal in India. It consists of one Chief Justice and twenty-five (25) other Judge. They are appointed by the President of India. A Judge continues to remain in office till the age of 65 years. He may be removed by the President of the Republic on a report of Parliament on, grounds of proved misbehavior or incapacity.
The Supreme Court has original, Appellate, writ and Advisory Jurisdictions.
High Courts
The constitution of India envisages a High Court for each state. Parliament may, however, by law establish a common High court for two or more States.
Each High Court consists of a Chief Justice and one other Judges as the President of India may determine from time to time. The Judges are appointed by the president in consultation with the Chief Justice of India and the Governor of the concerned state. The Judges retire at the age of 62. A Judges may be removed by the President of India on a report of Parliament.
Subordinate courts
There are subordinate courts below the High court in each state.
The courts are under the complete control of the High court. The lower court (e.g. Nyaya Panchayat or Munsiffs court) deals with minor cases while the higher courts (e.g., subordinate Judge’s court or District Judge’s court) deal with important cases.
Appeals lie to the higher courts from the lower courts. An appeal may also lie to the High Court against the decisions of the District judge’s court or the Session Judge’s court.
In a Presidency town, there are city civil courts and Metropolitan Magistrates courts.
In this connection, we are to note that most of the Judges of the subordinate courts are appointed by the Governor in consultation with the High Court of the concerned State.
hope it is helpful
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