Salient Features of Indian Judiciary

The Indian judiciary is a robust system that has a rich history dating back to the British era. India has one cohesive legal system, in contrast to several other nations that have distinct federal and state court systems. This indicates that the same set of rules and guidelines apply to all courts across the nation. The Supreme Court is at the top of the pyramid, followed by the state’s high courts, district courts, and lower courts.

Key Takeaways:

• The branch that interprets the law, resolves conflicts, and provides justice to all citizens is known as the judiciary.
• The Indian judiciary has an important role of acting as the protector of the Constitution and the watchdog of democracy. An unbiased and independent court is essential to the proper operation of democracy.
• The judiciary’s primary duty is to apply the law to particular situations or to resolve conflicts.
• The Indian judiciary follows a common law jurisdiction and an adversarial model of dispute resolution.

India as a Common Law Jurisdiction

India has embraced a methodology that is close to the British heritage of “common law.” Within the framework of this common law system, the rulings, directives, and decisions made by Indian judges contribute to the formulation of laws and legal concepts that serve as precedents that are binding on all lower courts within the legal hierarchy. As a result, courts are essential to the creation of laws, particularly in cases where there are legal gaps and the executive or legislative branch has not been able to pass legislation. Thus, courts and judges play a crucial role in the nation’s federal structure in addition to handling civil and criminal justice. This paradigm is opposed by the idea of the civil law system used in nations like Germany, Russia, and Continental Europe. The source of law is the primary distinction between common and civil law. Common Law gives the judiciary the authority to enact laws through court rulings, whereas civil law restricts the creation of laws and regulations to the legislature or executive branch. The common law model used by the Indian judiciary is a notable characteristic that enhances the significance of courts in India.

Adversarial Model of Dispute Resolution

Unlike some civil law nations, which use the inquisitorial type of adjudication, Indian courts use an adversarial system. The party’s legal representation becomes essential under an adversarial arrangement. Before an impartial judge, the attorneys for the opposing parties present their positions. The judge then renders a ruling based on the attorneys’ arguments. Judges in the inquisitorial legal system, however, take a more proactive approach to making decisions. They have the right to look into the situation and conduct investigations, much like the police, as opposed to serving as impartial judges. In this situation, how a civil lawsuit or criminal trial is handled depends on the combined efforts of the court and the party’s attorneys.

The Indian judiciary has many divisions and sub-divisions that are incorporated into a pyramidal structure to guarantee that even the least significant matters are considered by an Indian court. The judiciary works apart from the legislative and executive branches under its independence. The judiciary is the primary forum for resolving disputes between individuals, organizations, and the government. It provides a mechanism for people to seek redress for their grievances and enforce their legal rights.

Which countries follow the model of civil law?

Countries such as Germany, Russia, and Continental Europe follow a civil law model.

Is there any difference between civil law and common law?

The source of law is the primary distinction between common and civil law. Under civil law, only the legislature or executive branch has the authority to enact laws; under common law, the judiciary can establish laws through court rulings.

What is the common law model?

Within the framework of this common law system, the rulings, directives, and decisions rendered by Indian courts contribute to the formulation of laws and legal doctrines. India has derived this model from the British judiciary.

What is the role of lawyers in the adversarial model of dispute resolution?

In this model, the role of a lawyer depends on the combined efforts of the court and the party’s lawyer.

What are the two branches of the Indian legal system?

There are two branches of legal system:

• Criminal Law: These pertain to crimes committed by any individual or group. When the local police submit a crime complaint, a criminal case begins. In the end, the subject is decided by the court.
• Civil law: This deals with disagreements arising from the infringement of a citizen’s fundamental rights.