INDIAN

LEGAL
SYSTEM
LAW 109
• India is a republic having a written Constitution.

• The Constitution of India establishes a federal system of

Government.

• It contains all the usual features of a federation

• Two set of Governments – Union Government and
State Governments.
• Division of powers – Administrative, Legislative,
Financial etc.
• Independent judiciary
• Bicameralism – House of People + Council of States
• However, the Indian Constitution also contains features that are
characteristic of unitary system of Government –
• Strong bias towards the Union
• Single Citizenship
• Single Constitution
• Rigid as well as flexible Constitution
• Integrated Judiciary
• Position of Governor in State
• Emergency provisions
• All India Services
• Residuary powers with union
• Keeping in view the aforesaid discussion, India has developed
its own unique polity with a sound intermix of unitary and
federal features.

• It has been given distinct labels of its own – quasi federalism,

cooperative federalism etc.

• India has opted for the British Parliamentary System of

Government based on principle of co-operation and co-
ordination between the legislative and executive organs.
• The Parliament of India consists of three parts viz, the
President, the Council of States and the House of the People.

• Though the President of India is not a member of either House

of Parliament, he is an integral part of the Parliament.

• A bill passed by both the Houses of Parliament cannot become

law without the President’s assent.

• The Rajya Sabha – Council of States, is the Upper House

representing the states and union territories of the Indian Union
• The maximum strength of the Rajya Sabha is fixed at 250, out
of which, 238 are to be the representatives of the states and
union territories (elected indirectly) and 12 are nominated by
the President.

• The Rajya Sabha is a continuing chamber and not subject to

dissolution. One-third of its members retire every second year.

• The term of member of Council of States in provided by

Representation of Peoples Act 1951 as six years. It is not
mentioned in the Constitution.
• The Lok Sabha – House of people, is the Lower House of
Parliament representing the people of India as a whole.

• The maximum strength of the Lok Sabha is fixed at 552.

• Its normal term is five years from the date of its first meeting
after the general elections, after which it automatically
dissolves.

• The House of People is presided over by Speaker while

Council of States is presided over by Vice President as ex-
officio Chairperson.
• The President of India is head of the State.

• The President is elected not directly by the people but by

members of electoral college consisting of:
o The elected members of both the Houses of Parliament
o The elected members of the legislative assemblies of
the states
o The elected members of the legislative assemblies of
the Union Territories of Delhi and Puducherry

• The President holds office for a term of five years from the date
on which he enters upon his office.
• The President is the nominal executive authority and Prime
Minister is the real executive authority.

• The member of House of people who is has the support of

largest party or coalition in the Lok Sabha is appointed as the
Prime Minister by the President.

• Within next one month, a vote of confidence must be obtained

by the appointed prime Minister in the House of People.

• Further, the Prime Minister recommends the names of persons

who will be appointed as ministers.
• Also, the Prime Minister allocates portfolios among all
ministers.

• The President must act on the aid and advise of the Council of
Ministers.

• Real Power is, thus, exercised by the Prime Minister and his
cabinet.

• However, unlike British Parliament, Indian Parliament is not a

sovereign body. India has an elected head (republic) while the
Britain has hereditary head (monarchy).
JUDICIAL SYSTEM IN INDIA
SUPREME COURT

HIGH COURTS
_____________ TRIBUNALS

DISTRICT COURTS

GRAM NYAYLAYAS
SUPREME COURT
• The Indian Constitution has established an integrated judicial
system with the Supreme Court at the top and the high courts
below it.

• This single system of courts, adopted from the Government of

India Act of 1935, enforces both Central laws as well as the
state laws.

• The Supreme Court consists of thirty-four judges.

• The judges of the Supreme Court are appointed by the

• The chief justice is appointed by the president after consultation
with senior most judges of Supreme Court + outgoing Chief
Justice of India.

• The Constitution has not fixed the tenure of a judge of the

Supreme Court. But a judge of Supreme Court can hold office
till he attains 65 years of age.

• A judge of the Supreme Court can be removed from his Office

by an order of the President only after the Parliament has
passed a impeachment order for his removal.
• The Supreme Court is federal court, the highest court of
appeal, the guarantor of the fundamental rights of the citizens
and guardian of the Constitution.

• The Constitution has conferred a very extensive jurisdiction and

vast powers on the Supreme Court.

• As a federal court, the Supreme Court decides the disputes

between different units of the Indian Federation –
• Centre – State(s) disputes
• State – State disputes
• As the guarantor and defender of the fundamental rights,
Supreme Court has been conferred with original Writ
Jurisdiction.

• However, the writ jurisdiction of the Supreme Court is not

exclusive. The high courts are also empowered to issue writs
for the enforcement of the Fundamental Rights.

• The Supreme Court is primarily a court of appeal and hears

appeals against the judgments of the lower courts –
• Constitutional matters
• Civil matters
 • Criminal matters
• Special leave to Appeal

• Also, on request of President, the Supreme can submit its

opinion which will be advisory in nature.

• Also, Supreme Court as Apex Court has power of judicial

review to examine the constitutionality of legislative
enactments and executive orders of both the Central and state
governments.

• Supreme Court is the ultimate interpreter of the Constitution.

• Doctrine of judicial review originated and developed in the USA
in the case of Marbury vs Madison (1803).

• The Supreme Court has declared the power of judicial review

as a basic feature of the Constitution which cannot be excluded
even by a Constitutional Amendment.

• All courts of India are bound by the decisions of Supreme Court

of India.
 HIGH COURT
• The high court operates below the Supreme Court but above
the subordinate courts.

• The Constitution of India provides for a high court for each state
but after 7th Amendment, a High Court may be established for
two or more States.

• The territorial jurisdiction of a high court extends to territory of a

State or States respectively.

• At present there are 25 High Courts in India.

• Every high court consists of a chief justice and such other
judges appointed by the President.

• The Chief justice is appointed by the President after

consultation with the chief justice of India and the governor of
the state concerned.

• For appointment of other judges, the chief justice of the

concerned high court is also consulted.

• Once appointed, a High Court judge keeps his office till

attaining the age of 65 years.
• High Court is the highest court of appeal in that State.

• Constitution does not contain detailed provisions with regard to

the jurisdiction and powers of a high court.

• High Court has jurisdiction to try –

• Revenue Matters
• Admiralty matters
• Writs
• Contempt of Court
• Elections to legislatures
• Enforcement of Fundamental Rights
• Also, the High Court hears appeals against the judgments of
subordinate courts functioning in its territorial jurisdiction.

• It has appellate jurisdiction in both civil and criminal matters.

• Also, a high court has the power of superintendence over all

courts and tribunals functioning in its territorial jurisdiction and
all such courts are bound by the orders of the High Court.

• High Court has administrative control over subordinate courts in

matters of appointment, promotion, postings, disciplinary action
etc.
TRIBUNALS
• The 42nd Amendment Act of 1976 allowed establishment of
tribunals in India in addition to already existing courts in India.

• Tribunals have been established to deal with

o Administrative matters
o Taxation
o Industrial and Labour matters
o Land Reforms
o Inter-State Water disputes
o Elections
o Rent and tenancy etc.
SUBORDINATE COURTS
• In each district of India there are various types of subordinate
or lower courts. They are –
o Civil courts
o Criminal courts
o Revenue courts

• Civil cases pertain to disputes between two or more persons

regarding property, breach of agreement or contract, divorce or
landlord – tenant disputes. Civil Courts settle these disputes.

• They do not award any punishment but provide relief in form of

compensation, restitution, specific performance, injunction etc.
• Criminal cases relate to violation of criminal laws involving
offences or wrongs of serious nature.

• These cases involve theft, dacoity, rape, pick pocketing,

physical assault, murder, etc.

• These cases are filed in the lower court by the police, on behalf
of the state, against the accused.

• On being found guilty, the accused is awarded punishment like

fine, imprisonment or even death sentence.
• The judges of subordinate courts are appointed by the Governor
in consultation with the Chief Justice of the High Court of the
concerned State.

• In most of the States judicial service officers including the

magistrates are selected through competitive examinations.

• CIVIL COURTS - The Court of the District Judge is the highest

civil court in a district to deal with civil cases.

• Often the same court is called the Court of District and Sessions
Judge, as it deals with both civil and criminal cases at the district
level.
• Below the Court of District Judge, there may be one or more
courts of sub judges in the district –
• Additional District Judge
• Civil Judge Division I
• Civil Judge Division II

• Separate family courts, which are equal to courts of sub judge,

have been established in districts to exclusively hear cases of
family disputes, like divorce, custody of children, etc.

• Courts of Munsifs and Small Causes Courts decide cases

involving petty amounts.
CRIMINAL COURTS
• The Court of the Sessions Judge (known as Sessions Courts) is
the highest court for criminal cases in a district.

• Below this court, there are courts of magistrates of First, Second

and Third class.

• In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai,

First Class Magistrates are called Metropolitan Magistrates.

• Normally every accused is presented by the police before a

magistrate. The magistrate can finally dispose off cases of minor
crime.
• But, when a magistrate finds prima-facie case of serious crime
or where he / she does not have the capacity to pass a
sentence or impose fine, the Magistrate may commit or refer
case to the sessions court.

• An accused who is awarded death sentence by the Sessions

Court, can be hanged to death only after his sentence is
confirmed by the High Court.
Revenue Courts
• Revenue courts deal with cases of land revenue in the State.

• The highest revenue court in the district is the Board of

Revenue.

• Under it are the Courts of Commissioners, Collectors,

Tehsildars and Assistant Tehsildars.

• The Board of Revenue hears the final appeals against all the
lower revenue courts under it.