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Judiciary of India
The Judiciary of India (ISO: Bhārata kī Nyāyapālikā) is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law with civil laws applicable in certain territories in combination with certain religion specific personal laws.
The judiciary is made in three levels with subsidiary parts. The Supreme Court is the highest court and serves as the final court of appeal for all civil and criminal cases in India. High Courts are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions. The executive and revenue courts are managed by the respective state governments through the district magistrates or other executive magistrates. Although the executive courts are not part of the judiciary, various provisions and judgements empower the High Courts and Session Judges to inspect or direct their operation.
The Chief Justice of India, other judges of the Supreme Court and the High Courts are appointed by the President of India on the recommendation of a collegium system consisting of judges of the Supreme Court. Judges of subordinate judiciaries are appointed by the governors on the recommendation of the respective High Courts.
At the Union level, the Ministry of Law and Justice is responsible for formulating laws and addressing issues relating to the judiciary with the Parliament. It has jurisdiction to deal with the issues of any court and also deals with the appointment of the various judges of the Supreme Court and the High Courts. At the state level, the respective law departments of the states deal with issues regarding the High Court and the subordinate courts.
The Constitution of India empowers the judiciary to act as the Guardian of the Law. A number of provisions deal with the judiciary's role, power, function, and officer appointments. The major provisions are:
The judiciary acts as the arbiter on legal matters. The judiciary acts as the Constitution's watchdog by calling for scrutiny any act of the legislature or the executive from overstepping bounds set for them by the Constitution. It acts as a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states.
The judiciary is expected to remain unaffected by pressures exerted by other branches of government, citizens or interest groups. The independence of the judiciary is a basic and inalienable feature of the Constitution, One such protection is that no minister can suggest a name to the President, who ultimately appoints judges from a list recommended by the collegium system. Judges of the Supreme Court or a High Court cannot be removed from office once appointed, unless a two-thirds majority of members of any Houses of the Parliament back the move on grounds of misconduct or incapacity. A person who has been a judge of a court is barred from practicing in the jurisdiction of that court.[citation needed]
Judge strength refers to the maximum number of judges that the court is allowed to have.
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Judiciary of India
The Judiciary of India (ISO: Bhārata kī Nyāyapālikā) is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law with civil laws applicable in certain territories in combination with certain religion specific personal laws.
The judiciary is made in three levels with subsidiary parts. The Supreme Court is the highest court and serves as the final court of appeal for all civil and criminal cases in India. High Courts are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions. The executive and revenue courts are managed by the respective state governments through the district magistrates or other executive magistrates. Although the executive courts are not part of the judiciary, various provisions and judgements empower the High Courts and Session Judges to inspect or direct their operation.
The Chief Justice of India, other judges of the Supreme Court and the High Courts are appointed by the President of India on the recommendation of a collegium system consisting of judges of the Supreme Court. Judges of subordinate judiciaries are appointed by the governors on the recommendation of the respective High Courts.
At the Union level, the Ministry of Law and Justice is responsible for formulating laws and addressing issues relating to the judiciary with the Parliament. It has jurisdiction to deal with the issues of any court and also deals with the appointment of the various judges of the Supreme Court and the High Courts. At the state level, the respective law departments of the states deal with issues regarding the High Court and the subordinate courts.
The Constitution of India empowers the judiciary to act as the Guardian of the Law. A number of provisions deal with the judiciary's role, power, function, and officer appointments. The major provisions are:
The judiciary acts as the arbiter on legal matters. The judiciary acts as the Constitution's watchdog by calling for scrutiny any act of the legislature or the executive from overstepping bounds set for them by the Constitution. It acts as a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states.
The judiciary is expected to remain unaffected by pressures exerted by other branches of government, citizens or interest groups. The independence of the judiciary is a basic and inalienable feature of the Constitution, One such protection is that no minister can suggest a name to the President, who ultimately appoints judges from a list recommended by the collegium system. Judges of the Supreme Court or a High Court cannot be removed from office once appointed, unless a two-thirds majority of members of any Houses of the Parliament back the move on grounds of misconduct or incapacity. A person who has been a judge of a court is barred from practicing in the jurisdiction of that court.[citation needed]
Judge strength refers to the maximum number of judges that the court is allowed to have.