Role of Courts

Role of Courts

The Supreme Court, High Court, Subordinate Courts, and Other Tribunals make up the Indian judiciary. The Constitution provides a detailed explanation of the function, makeup, authority, and operating processes of these courts. The courts are the backbone of a fair and just society, safeguarding the rights of citizens, ensuring the smooth functioning of the government within the constitutional framework, and maintaining the trust system of the citizens in the judiciary....

Different Roles of the Supreme Court of India

The Supreme Court of India serves as an interpreter and adjudicator in its main role. The several judicial jurisdictions are used to clarify this. The Court’s original and appellate jurisdiction provides insight into its position as an adjudicator and interpreter. Original jurisdiction is conferred on the Supreme Court under Article 131 of the Constitution. This authority is used to settle disagreements between two or more states, as well as between the Union and one or more states. Such conflicts must center on a factual or legal issue that allows for the determination of the existence and scope of legal rights. For instance, the Supreme Court of India may be directly sued in the exercise of its original jurisdiction over a dispute involving the sharing of a river or other natural resource between two Indian states. The Constitution’s Article 32 also grants the Supreme Court broad original jurisdiction to enforce citizens’ basic rights by issuing directives, writs, and decrees. This is sometimes referred to as the Court’s “Writ Jurisdiction.” A certificate issued by the High Court can be used to invoke the Supreme Court’s appeal authority. In both civil and criminal proceedings, an appeal against any judgment, decree, or final decision of a High Court may be brought to the Supreme Court. In addition to the Court’s specified appellate powers, Article 136 of the Constitution grants the Supreme Court broad appellate authority over all other courts and tribunals. A special permission to appeal and accept any judgment, decision, determination, sentence, or order in any cause or case decided or made by any court or tribunal in the territory of India may be granted by the court at its discretion. In addition to its roles as adjudicator and interpreter, the Supreme Court also serves as a consultant. Under Article 143 of the Constitution, the President may request the court’s advisory authority. This process, known as “Presidential Reference,” is acknowledged as being under the Court’s “Advisory jurisdiction.” Under this plan, the President may refer any legal issue or significant public fact. The Supreme Court is not obligated to respond to queries posed in the reference, though. There have only been a few mentions in the previous sixty-plus years. If the Supreme Court determines that the issues are political or socioeconomic in nature, it may decline to offer its advisory opinion....

PIL Concept

Cases of public significance have been initiated by the Court on its own initiative. The SC has called attention to and censured state officials for their indifference and carelessness in managing and discharging their roles. All of this has been made possible by the Supreme Court’s judicial activism in the Janhit Yachika, also known as Public Interest Litigation (PIL). Writs and even letters to judges have been used to claim this extraordinary jurisdiction; the judges’ procedures are upheld by the Court’s PIL guidelines....

High Courts and Lower Courts

The High Courts serve as the state-level judicial administration’s institutions. In a similar vein, district-level lower courts serve as hubs for criminal and civil justice. Subordinate courts and district courts are examples of lower courts, as previously described. District courts are often the first-instance courts where litigants take their cases. When admitting civil claims, these courts have established boundaries in terms of both territory and money. At the subordinate level, the criminal courts follow a similar system. Following their decision-making by these courts, cases are appealed to the High Courts. The primary responsibility of subordinate courts is to establish facts, whereas the appellate courts handle the interpretation of statutes and the proper application of the law. Within their jurisdiction, the High Courts have the authority to provide directives, decrees, or writs, such as those pertaining to habeas corpus, prohibition, quo warranto, and certiorari, for the purpose of enforcing the Fundamental Rights and for other purposes. The Indian Supreme Court is comparable to this writ jurisdiction. When it comes to handling cases of public interest, the High Court’s function resembles that of the Supreme Court. Moreover, every high court possesses the authority to supervise all other courts falling within its purview. It can request documents from these courts, establish broad guidelines, issue forms to govern their practices and procedures, and specify how book entries and accounts should be kept....

Conclusion

The judiciary is a vital branch of the Indian government. Managing any conflict between the state and the center falls under the purview of the court. It is the sole body that decides cases through arbitration and issues all decisions. It guarantees that the nation’s constitutional provisions always come first and are recognized as the true defenders of the document. Thus, the most important part of the Indian Constitution is the provision on the judiciary. It protects our Constitution, upholds all laws and civil rights, and issues rulings in legal disputes....

Role of the Indian Judiciary – FAQs

How do court judgements shape the legal system?...