NCJ Number
87312
Date Published
1978
Length
15 pages
Annotation
This paper describes the structure of India's court system, the jurisdiction and composition of each type of court, administrative justice, and village lay courts (nyaya panchayats).
Abstract
India has a Federal Constitution but does not have a dual court system. While there are State courts, they decide both Federal and State issues. The Constitution provides for a High Court in each State, although Parliament may by law establish a common High Court for two or more States. Generally, the High Courts have an appellate jurisdiction; however, all the High Courts have some original jurisdiction under special enactments like the Income Tax Act, sales tax laws, etc. High Courts can issue writs such as habeas corpus, mandamus, prohibition, quo warrants, and certiorari. The Supreme Court, which has 18 judges including the Chief Justice, has original jurisdiction over disputes between the Government of India and States and States inter se and also has the power to issue writs and enforce Fundamental Rights. In addition, the Court has been given wide appellate jurisdiction. The nomenclature and designation of the subordinate civil judiciary differs from State to State, since these courts derive from State enactments. Subordinate criminal courts in the States are courts of session, judicial magistrates of first and second classes, metropolitan magistrates in a metropolitan area, and special magistrates. Lay village courts handle petty civil and criminal cases. Along with the courts, innumerable administrative bodies created by legislation determine a variety of applications, claims, and controversies. An individual receives the right to approach the courts and seek relief either under the Constitution or a statutory provision. Twelve suggested readings are listed.