INDIAN JUDICIARY

Authors

  • Raj Aryan Lloyd Law College

Keywords:

Article 32, Article 226, Constitution, executive, legislature and judiciary

Abstract

Government of India has three branches; namely executive, legislature and judiciary. In this

Article, we are going to talk about the judiciary of India. Judiciary in India is independent of

the other two forms of government. It works as an organization in itself, which has its own

officials. Judicial Service is not considered a service in sense of an employment. It is the

branch of authority in a country which is concerned with law and the legal system who

resolve the disputes between the citizen and the state between state and the union and the

various organs of the state itself and provides justice to them. The Indian Judiciary consist of

the Supreme Court at Union Level, High Court at state level and District court at Every

District level. There is only one Supreme Court which acts as final interpreter, guardian of

the Constitution whose decision is binding on lower and subordinate courts i.e., High Court

and District Court, under Article 141 of Constitution of India. The Supreme Court has

defined the basic structure of Constitution through the case of kesavananda bharti. Every

procedure and courts works in hierarchy putting Supreme Court at top and District court at

bottom. Supreme Court can hear appeal from High court under Article 132. Under Article

214, there shall be a High Court in each state and all High Courts have same status under

Constitution. The Constitution empowers Supreme Court and High Court to issue writs in

case of violation of fundamental rights under Article 32 and 226 of Constitution respectively.

The High Court can interfere with the order under Article 227. In every state there shall be

Courts of session, Judicial or Metropolitan Magistrates of first class, Judicial Magistrates of

second class and Executive Magistrates.

Published

2020-01-10

How to Cite

Aryan, R. (2020). INDIAN JUDICIARY. Journal of Constitutional Law and Jurisprudence, 2(2). Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/381

Issue

Section

The Constitutional Jurisprudence: Concept, influence