Judicial System

The judiciary, or court system, interprets and applies the law in the name of the state. It also serves as a mechanism for resolving disputes among citizens and various levels of government.

Nature of Indian Judiciary

The Indian judiciary is characterized by its independence from the other branches of government. It can intervene if constitutional values or citizens' rights are violated. This independence is ensured through rigid qualifications for judges and fixed tenures.

Structure of the Indian Judiciary

The Indian judiciary operates on a common law system, incorporating customs, precedents, and legislation. It consists of various levels, each with its own hierarchy of importance. At the top is the Supreme Court, followed by high courts, district courts, and lower-level magistrates. These courts handle both criminal and civil cases, including disputes between individuals and the government.

Structure of Indian Judiciary: Supreme Court

Supreme Court (SC)

The Supreme Court of India serves as the highest judicial forum and final court of appeal under the Constitution. Key points about the Supreme Court include:

• Establishment and Inauguration
• Location and Composition
• Qualifications for Judges
• Appointment, Tenure, and Removal of Judges
• Oath of Office
• Jurisdiction of Supreme Court
• 
  
  • Original Jurisdiction
  • Appellate Jurisdiction
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    • Constitutional Law Cases
    • Criminal Law Cases

High Courts

High Courts play a pivotal role in the judicial administration of each state. Key points about High Courts include:

• Establishment and Oldest High Courts
• Newest High Courts
• Judges and Appointment Process
• Qualifications for Judges
• Oath of Office
• Tenure and Removal of Judges
• Jurisdiction of High Courts
• Writs Provisions in Indian Constitution

Writs Provisions

Writs are important legal instruments for upholding Fundamental Rights. Here are the key types of writs:

• Habeas Corpus
• Mandamus
• Certiorari
• Prohibition
• Quo Warranto

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) was introduced by the Supreme Court in the early 1980s to enhance access to justice for all citizens. Key points about PIL include:

• Objective and Purpose
• Simplified Legal Process
• Impact and Examples

Subordinate Courts

Subordinate Courts play a crucial role in the judicial system, functioning under the supervision of the High Courts. Here's an overview of subordinate courts:

• Types of Courts
• Civil Court
• Criminal Court

Key Players in the Criminal Justice System

The criminal justice system involves various stakeholders. Here are the key players and their roles:

1. Police and its Role
   • Function of Police
   • Role in Investigation
   • Guidelines Followed

Fundamental Rights of Arrested Persons

Article 22 of the Constitution and criminal law ensure the following Fundamental Rights to every arrested person:

• Right to Information at the Time of Arrest
• Right to be Presented Before a Magistrate Within 24 Hours
• Protection Against Ill-treatment or Torture
• Exclusion of Confessions Made in Police Custody as Evidence
• Protection for Minors and Women During Interrogation

DK Basu Guidelines

The Supreme Court of India has established specific guidelines, known as the DK Basu guidelines, for the arrest, detention, and interrogation procedures, including:

• Clear Identification and Name Tags for Police Officials
• Preparation of Arrest Memo with Witness Attestation
• Right to Inform Relatives or Friends
• Notification of Arrest Details to Friends or Relatives Outside the District

Roles in the Criminal Justice System

The criminal justice system involves various roles and responsibilities, including:

1. Public Prosecutor
   • Representation of State's Interest in Court
   • No Role in Investigation
   • Responsibility to Present Full Facts and Evidence Impartially
2. Defence Lawyer
   • Fundamental Right to Legal Defense
   • State's Duty to Provide Legal Representation for Indigent Citizens
3. Role of the Judge
   • Assessment of Evidence Presented by Prosecution and Defence
   • Determination of Guilt or Innocence According to Law
   • Pronouncement of Sentence Upon Conviction