Judiciary : Constitutional, Civil and Criminal Courts and Processes - Humanities/Arts PDF Download

Introduction

The Indian legal system draws its authority from the Constitution of India and is intertwined with the country's political framework.

• Separation of Powers: The judiciary, legislature, and executive form the pillars of governance, with the judiciary ensuring a balance of power among them.
• Parliamentary Democracy: India operates under a parliamentary democracy at both the Union and State levels, with active participation from the legislature and executive in lawmaking.
• Judicial Oversight: The judiciary acts as a guardian of citizen rights, preventing other branches of government from overstepping their constitutional mandates.
• Role of the Supreme Court: The apex court in India plays a crucial role in upholding, interpreting, and protecting the Constitution, including scrutinizing constitutional amendments.
• Legal Interpretation: The judiciary holds the ultimate authority in interpreting legal matters and shaping constitutional frameworks, influencing the state's democratic and developmental trajectory.

Key Points:

• India's Constitution was established on 26 January, 1950, post-independence.
• Transitioned from the Federal Court to the Supreme Court of India (SCI) smoothly.
• Justice Kania became the first Chief Justice of India.
• The Supreme Court has a Chief Justice and puisne judges, with the Parliament having the power to increase the number of judges.
• Judges sit in smaller benches and form larger ones when necessary.
• The Supreme Court has federal and appellate jurisdiction.
• Special leave to appeal discretion under Article 136 is granted by the Supreme Court.
• Special advisory jurisdiction under Article 143 by the President of India.
• Concurrent original jurisdiction with High Courts for enforcing fundamental rights under Article 32.
• Decrees and orders for complete justice by the Supreme Court.
• Law declared by the Supreme Court is binding on all courts in India.
• Judicial review power allows the Supreme Court to strike down unconstitutional actions.
• Judges are appointed by the President after consultation.
• Power to remove Judges based on proved misbehavior or incapacity.
• Supreme Court's responsibility includes rendering social, economic, and political justice.
• The Supreme Court upheld the 'basic structure' doctrine in the Kesavananda Bharti case, limiting the power to amend the Constitution.
• The 'basic structure' doctrine extended to challenges on the exercise of power by the legislature and executive post the President’s Rule case in 1994.
• High Courts in India serve as apex judicial bodies in states, handling appeals and writ petitions.
• There are 25 High Courts in India, dealing with various civil and criminal cases.

Judiciary: Its Constitution, Roles, and Impartiality

Judiciary Structure in India:

• The Judiciary in India is a continuation of the British Legal System.
• The Supreme Court stands as the highest authority, followed by 25 High Courts, overseeing numerous District Courts.

Constitutional Powers:

• Article 129 of the Indian Constitution designates the Supreme Court as a 'court of record' with powers to penalize for contempt.
• Article 141 mandates that judgments of the Supreme Court are binding on all courts.

Role of the Judiciary:

• The Indian Judiciary interprets and applies laws, resolves disputes between citizens, states, and other entities, and upholds the rule of law and civil rights.
• With a written constitution, the courts protect its supremacy by interpreting and enforcing its provisions.

Federal Jurisdiction:

• In a federation, the Supreme Court of India has Original Jurisdiction to settle disputes between states and between the Union and states.
• The judiciary resolves conflicts between the Centre and States regarding power distribution, guided by principles like doctrine of pith and substance, severability, and colourable legislation.

Key Legal Doctrines:

• Doctrine of Pith and Substance: Focuses on the true purpose of legislation and its alignment with legislative competence.
• Doctrine of Severability: Separates unconstitutional parts of a law from the rest, rendering only the valid portions enforceable.
• Doctrine of Colourable Legislation: Prevents legislatures from indirectly enacting laws beyond their constitutional limits.

Case Laws

State of Maharashtra v. FN Balsara

• Facts: State of Maharashtra imposed a limit on the amount of liquor that dealers/wholesalers could possess, including both domestic and imported liquor.
• Issue: Was the state law putting a cap on liquor quantities valid under Article 246?
• Decision: The Supreme Court ruled that the essence of the law was to regulate liquor consumption in the state, falling under the state list, therefore making the law valid.

Balaji v. State of Mysore

• Summary: The Mysore government introduced a 51% reservation under Article 16, which was challenged for violating Article 14.
• Decision: The Supreme Court emphasized that laws must comply with all relevant provisions and invalidated 2% of the excessive reservation through the doctrine of severability.

Appellate Jurisdiction of the Supreme Court

• Constitutional Appeal: The Supreme Court of India has the power to hear appeals on constitutional matters from High Court judgments, decrees, or final orders if a substantial legal question arises.
• Civil Appeal: Appeals in civil cases can reach the Supreme Court if the High Court certifies the case to involve a significant legal question of general importance requiring the Supreme Court's decision.
• Criminal Appeal: The Supreme Court can hear appeals from High Court judgments, final orders, or sentences in criminal cases, either with or without the High Court's certification.
• Appeal Without Certification: In specific situations like reversal of acquittal leading to death sentence or trial conviction with a death sentence, an appeal can go directly to the Supreme Court without High Court certification.

Advisory Jurisdiction of the Supreme Court

• Advisory Role: The Supreme Court can provide advisory opinions to the President on questions of law or fact that are of public importance and may require the Court's insight.
• President's Referral: The President can refer such questions to the Supreme Court for an advisory opinion, and the Court, after due hearing, can provide its views on the matter.
• Legal Precedents: Previous cases like the Kerala Education Bill case and the Special Court Bill case have established the scope and impact of the Supreme Court's advisory opinions, with differing levels of binding authority.

Independence and Impartiality of the Supreme Court

• Independence and impartiality are crucial concepts for any court.
• Impartiality refers to the state of mind and attitude of the court towards the issues and parties in a case.
• Independence not only relates to mindset but also to the court's status or relationship, particularly with the executive branch.
• Factors contributing to judicial impartiality and independence ensure fair and efficient justice administration.
• The Constitution of India establishes a unified judicial system with a single integrated judiciary.
• Dr. B R Ambedkar advocated for a single integrated judiciary capable of addressing civil, criminal, and constitutional matters.
• The Supreme Court is the apex court in India, interpreting the Constitution, safeguarding fundamental rights, and ensuring legal uniformity.
• The Constitution guarantees judicial independence through various provisions like oaths, security of tenure, and retirement age.
• The Supreme Court can review its judgments based on new facts, errors, or substantial nature, typically done through a review petition.
• Judges of the Supreme Court are appointed based on specific criteria, emphasizing experience, legal expertise, and distinguished jurists.
• The judiciary's independence allows it to act without fear or favor, ensuring accountability and integrity in the judicial system.
• The Government of India has proposed the Judges Standards and Accountability Act to enhance judicial accountability.

Structure and Hierarchy of Courts in India

• The Indian legal system consists of various courts below the Supreme Court and High Courts, including civil courts, family courts, criminal courts, and district courts.

Hierarchy of Indian Legal System:

• The High Court is the apex judicial body in each state, established under the Indian High Court Act of 1861.
• High Courts have original jurisdiction over testamentary, matrimonial, and guardianship matters, along with the power to issue writs under Article 226.
• Each High Court supervises subordinate courts, has contempt powers, and is a court of record.

Constitution of India: High Courts

• Article 214 mandates a High Court for each state.
• High Courts are courts of record with the power to punish for contempt (Article 215).
• Exceptions exist for common High Courts in certain states.

Subordinate Courts in India:

• Subordinate courts across districts handle civil and criminal cases, with a similar structure nationwide.
• Roles include Munsiff's Courts, Subordinate Judges, District Judges, and Judicial Magistrates.
• Appeals from District Courts can be made to High Courts.

Appointment of Subordinate Court Judges:

• District and Sessions Judges are appointed by the Governor in consultation with the High Court.
• Requirements for eligibility include legal experience at the bar.

The Civil Process and Functioning of Civil Courts

• The Code of Civil Procedure 1908 regulates the functioning of civil courts, focusing on civil cases.
• The CPC deals with procedures, court powers, fees, jurisdiction, appeals, and more in civil cases.
• It was first enacted in 1859 and revised in 1908 to enhance civil judicature procedures.

The Civil Court Structure

• Disputes concerning property, contract breaches, financial wrongs, and minor omissions fall under civil wrongs and are handled through a civil process.
• Civil suits are initiated by the affected individuals for redressal in civil courts, where justice is administered based on the nature of the wrongdoing.
• Resolution of civil wrongs in civil courts involves granting injunctions, providing damages, or compensating the aggrieved party.

Common Legal Terminologies

• Plaintiff: The individual who brings a civil case against another party.
• Defendant: The person against whom a case is filed.
• Plaint: The document submitted by the plaintiff outlining their side of the case.
• Written statement: The response to the plaint submitted by the defendant.
• Appellant: The party initiating an appeal.
• Respondent: The opposing party in an appeal.
• Prosecution: Represents the victim's side in criminal cases.
• Defence: Represents the accused in legal proceedings.
• Application: A document filed for urgent relief, by either the plaintiff or defendant, during or after a case.
• Interim: Refers to actions taken during ongoing legal proceedings.

Types of Jurisdiction

Territorial jurisdiction: Defines the geographical area within which a court can hear cases.

Pecuniary jurisdiction: Based on the monetary value of claims that a court can adjudicate.

Original jurisdiction: The authority of a court to hear a case for the first time.

Appellate jurisdiction: The power to review decisions made by lower courts.

Jurisdiction by subject matter: Determines the types of cases a court can handle, such as family law or criminal law.

Res Sub Judice and Res Judicata

• Res sub judice: Prevents other courts from taking up the same case while it is already being adjudicated elsewhere.
• Res judicata: Prohibits the retrial of a case that has already been decided, ensuring finality and conclusiveness of legal decisions.
• Difference: Res judicata deals with matters already settled, while res sub judice involves pending cases in court.

Structure And Functioning of Criminal Courts in India

• Administration of criminal justice in India involves Magistrate Courts and Sessions Courts.
• The Indian Penal Code, 1860 (IPC), along with other laws, forms India's substantive criminal law.
• The IPC is influenced by English law and remains relevant but needs implementation through a Code of Criminal Procedure.
• The Code of Criminal Procedure, 1973 (CrPC), manages the enforcement and administration of criminal law. It also oversees investigation and trial processes.
• The Indian Evidence Act of 1872 guides the investigation and trial procedures.

Categories of Criminal Courts in India

1. Courts of Session

• Presided over by a Judge appointed by the High Court.
• Empowered to give various sentences, including capital punishment.

2. Chief Judicial Magistrate and Additional Chief Judicial Magistrate

• Chief Judicial Magistrate can impose certain sentences but not death, life imprisonment, or terms over seven years.
• Subordinate to the Sessions Judge.

3. Courts of Judicial Magistrates

• Judicial Magistrates of First and Second Class operate under the CrPC.
• First Class Magistrates can sentence up to three years or a fine of 10,000 rupees.

4. Metropolitan Magistrates

• Established for metropolitan areas.
• Under the control of the Chief Metropolitan Magistrate.

5. Executive Magistrates

• Appointed to maintain law and order, work with police, and handle judicial tasks.
• Includes District Magistrates, Sub Divisional Magistrates, and others.

Types of Offences

Bailable and Non-bailable Offences:

• Detention aims to ensure the accused's appearance during trial and sentencing.
• Bail is granted at the court's discretion, covering release on one's own bond with or without sureties.
• CrPC classifies offences as bailable and non-bailable.
• Generally, serious offences (punishable with three or more years of imprisonment) are non-bailable.
• Accused of a bailable offence have the right to be released on bail, while for non-bailable offences, bail is a privilege granted at the court's discretion.

Anticipatory Bail:

• Section 438 of CrPC allows superior courts to grant anticipatory bail.
• Applicable when one may be arrested, it's granted by Sessions Court, High Court, or Supreme Court.
• Court considers nature of accusation, applicant's antecedents, possibility of fleeing, and intent of accusation.

Cognizable and Non-cognizable Offences:

• Cognizable offences include serious crimes like murder, robbery, and rape, while non-cognizable offences require a warrant for arrest.

Compoundable and Non-compoundable Offences:

• Compoundable offences allow fines instead of imprisonment, with both parties reaching an agreement.
• Not all offences are compoundable to prevent serious crimes from being compromised.

Criminal Investigation and First Information Report (FIR)

• FIR stands for First Information Report. It's the initial information about a cognizable offense provided to the police by the aggrieved person or another individual.
  • Any person can report a cognizable offense to the police in the area where the crime occurred.
  • FIR is not direct evidence and needs to be proven like any other fact with additional evidence.
  • The police officer must document the information in writing and obtain the informant's signature.
  • The contents should be read to the informant and recorded by the police officer.
  • A copy of the FIR must be given to the informant immediately.
  • The original FIR must be sent to the Magistrate promptly.
  • FIR should be filed soon after the incident to ensure the freshness of the informant's memory.
  • Telephonic information from a known person disclosing a cognizable offense also qualifies as an FIR.
  • Zero FIR provisions allow the victim to file a complaint at any police station for quick action.

Information on Non-cognizable Offense:

• If someone reports a non-cognizable offense, the police officer enters the information in a designated book.
• Police won't investigate a non-cognizable case without a Magistrate's order.
• No police officer should investigate a non-cognizable case without the Magistrate's direction.

Arrest and Rights of the Arrested Person

Arrest Procedures

• Accused must be brought before a Magistrate within 24 hours of arrest (CrPC 57/167).
• If investigation extends beyond 24 hours, Magistrate may order remand to police custody (CrPC 167 (3)).
• Accused must be informed of offense details and rights to bail (CrPC 50).
• Arrested person can nominate a person to be informed of the arrest (CrPC 50A).
• Right to access a lawyer is acknowledged by Supreme Court rulings.
• Arrested person may be searched, and a list of found articles must be prepared (CrPC 51).
• Medical examination rights for the arrested person (CrPC 54, 53, 53A).

Criminal Process - Investigation and Prosecution

• Two streams of criminal prosecution in India: police report/FIR-based cases and private complaints.
• Public prosecutors handle cases initiated by police, private parties can use their own lawyers for private complaints.
• Magistrate can take cognizance of private complaints under Section 190(1) of the CrPC.

Procedures and Stages

• Investigation, inquiry, and trial stages defined by the CrPC.
• Investigation aims to collect evidence for inquiry or trial.
• Investigation includes evidence collection, place inspection, suspect arrest, interrogation, and more.
• Police report to be submitted to the Magistrate upon investigation completion.

Inquiry:

• Second stage in determining if the accused should proceed to trial.
• Defined in Section 2(g) of the CrPC as a process conducted by a Magistrate or Court.
• Inquiry occurs before framing charges and does not result in conviction.

Trial:

• Judicial determination of guilt or innocence.
• Involves examination and decision by a tribunal, leading to conviction or acquittal.
• Based on the adversary system in India with the presumption of innocence.

Stages of a Criminal Case:

• Investigation: Initial stage where police look into a case.
• Inquiry: Follows investigation; Magistrate examines the case.
• Trial: Final stage where charges are framed, and the trial begins.

Types of Criminal Trials:

• Warrant Case: Involves serious offenses with specific procedures.
• Summons Case: Relates to less serious offenses with simplified procedures.

Distinction:

• Warrant cases involve severe punishments, while summons cases are for less serious offenses.
• Warrant cases require charge framing, while summons cases may not need it.

Summary Trials in Criminal Procedure

 In legal proceedings, a 'summary trial' is a swift process designed for minor offenses with simplified procedures. Complex cases are typically reserved for summons or warrant trials. Sections 260 to 265 of the Code of Criminal Procedure, 1973 (Cr.P.C.) govern summary hearings.

• Distinct Stages of a Criminal Trial:
  • Framing of Charge or Issuance of Notice: This marks the trial's commencement. The judge assesses evidence to determine if a prima facie case exists against the accused. If so, charges are framed; if not, the accused is discharged with reasons provided.
  • Recording of Prosecution Evidence: Once charges are framed, the prosecution presents witnesses who testify under oath (examination-in-chief). The accused can cross-examine these witnesses. Proceedings should progress swiftly, with continuous witness examination.
  • Statement of Accused: The court can question the accused at any stage to clarify incriminating evidence. The accused is given an opportunity to explain incriminating circumstances before entering a defense.
  • Defence Evidence: If the judge finds insufficient evidence of guilt after prosecution and examination of the accused, an acquittal may be ordered. Otherwise, the accused must present a defense, including witness testimonies and personal testimony.

Legal Studies

• Most accused individuals often do not present defense evidence due to the burden of proof lying on the prosecution in India's common law system.
• In a criminal trial, the standard of proof required is "beyond reasonable doubt."

Legal Proceedings

• Final Arguments:
  • Final stage of the trial where the prosecutor summarizes the prosecution's case, followed by the accused's right to reply.
• Judgement:
  • Judge delivers a verdict after hearing arguments from the prosecution and defense.
  • An order of acquittal can be given if there is insufficient evidence of the accused's guilt.
  • If convicted, the judge decides on the appropriate sentence.
• Withdrawal from Prosecution:
  • An accused can be withdrawn from prosecution at any trial stage with court permission.
  • Withdrawal before charge framing is a discharge; after framing charges, it's an acquittal.

Age and Criminal Liability

• Upto 7 years: No criminal liability.
• 7-12 years: Mental capacity assessment of the child.
• 12-16 years: Liable under the Juvenile Justice Act.
• 16-18 years: Subject to Juvenile Justice Act but can be tried as an adult for serious crimes.
• Above 18 years: Criminally liable under IPC and other laws.

Doctrine of Autrefois Acquit and Autrefois Convict

• This doctrine prevents retrial for the same offense or related facts after acquittal or conviction.
• Incorporated in the Indian Constitution's Article 20(2) and CrPC's Section 300.
• Can be raised as a preliminary plea barring criminal trial.
• Other instances include challenging the court's jurisdiction or being time-barred by law limitations.

Accused and the Right against Self-incrimination

Article 20(3) of the Indian Constitution provides the right against self-incrimination.

Essence of the Right: No person accused of an offense can be forced to testify against themselves.

Restrictions on the Right:

• Protected statements/documents must be within the accused's personal knowledge.
• Handwriting samples, blood, or DNA samples can be demanded as they are not within personal knowledge.
• Protection does not extend to compelled document production during search and seizure.
• Summons under Section 91 CrPC cannot be issued to an accused, but a general search warrant under Section 93(1)(c) CrPC is not protected.

Function and Role of Police

Police play a crucial role in society, being visible representatives of the government and a key resource for citizens in times of need.

Their responsibilities include maintaining law and order, making them an essential and dynamic part of any community.

Key Functions of the Police

• Upholding Law and Ensuring Public Safety: The police are tasked with enforcing the law impartially, protecting the life and liberty of the public.
• Promoting Public Order: They work to maintain and promote public order to ensure a peaceful society.
• Internal Security: Police play a vital role in safeguarding internal security, preventing terrorist activities, breaches of communal harmony, and other threats.
• Preventing Crimes: Police work to prevent crimes by taking preventive actions, reducing opportunities for criminal activities, and cooperating with other relevant agencies.
• Registering and Investigating Offences: They are responsible for registering and investigating complaints and cognizable offences brought to their attention.
• Community Security: Police aim to create and maintain a sense of security in the community they serve.
• Disaster Response: As first responders, police provide assistance during natural or man-made disasters to ensure public safety.
• Intelligence Gathering: Police collect intelligence on matters affecting public peace, crimes, extremism, terrorism, and national security, sharing it with relevant agencies.
• Property Management: They take charge of unclaimed property, ensuring its safe custody and disposal according to prescribed procedures.
• Personnel Welfare: Police are responsible for training, motivating, and ensuring the welfare of police personnel.

The Police Force operates under the State Government within the Executive realm, as outlined in the Police Act of 1861.

Other Courts in India

In addition to civil and criminal courts, India has established various special courts and tribunals to handle specific areas of law efficiently and provide quick relief to involved parties.

• Motor Accidents Claims Tribunal (MACT)
• Rent Control Tribunal
• Railway Claims Tribunal
• Debt Recovery Tribunal (DRT)
• Central Excise and Service Tax Appellate Tribunal (CESTAT)
• Income Tax Appellate Tribunal (ITAT)
• National Green Tribunal (NGT)

These specialized courts aim to reduce the burden on traditional courts and expedite legal processes.

Family Courts

Family Courts in India:

• Handle matters related to matrimonial relief like divorce, restitution of conjugal rights, and guardianship.
• Established by the Family Courts Act, 1984, to promote conciliation and quick dispute resolution in family matters.
• Focus on resolving disputes amicably through conciliation rather than confrontation.
• Parties may need court permission to be represented by a lawyer, with an emphasis on non-adversarial methods.
• Proceedings first go through conciliation, with court trials as a last resort if conciliation fails.
• Conciliators, appointed by the Court, help in resolving disputes. Appeals can be filed in the High Court.

Administrative Tribunals

Central Administrative Tribunals (CAT):

• Established to address disputes related to recruitment and service conditions in public services under the Government of India.
• Created by the Administrative Tribunals Act, 1985, to reduce case backlog in higher courts.
• Currently, there are multiple benches and circuit sittings across the country.
• Conditions of service for CAT officials are governed by specific rules.
• Article 323 A was added to the Indian Constitution to accommodate the establishment of CAT.