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Structure of Courts in India

There are three levels of courts in India:

  • Many courts at the lower level, known as subordinate or district courts, which are found in districts, Tehsils, and towns. They handle various types of cases.
  • Each state has a District Judge overseeing these district courts.
  • Every state also has a High Court, the highest court within the state.
  • At the top is the Supreme Court, the highest court in India, located in New Delhi and led by the Chief Justice of India.

The decisions made by the Supreme Court are binding on all courts across the country, forming a crucial part of the judicial system.

Different Branches of the Legal System

In addition to criminal law, the legal system also deals with civil law cases.
Following table signifies the differences between criminal and civil law.

NO

Criminal Law

Civil Law

1

Deals with conduct or acts that the law defines as offences. For example. theft; harassing a woman to bring more dowry; murder,

Deals with any harm or injury to rights of individuals, For example; disputes relatinq to sale of land purchase of  goods;  rent matters; divorce cases.

2

It usually begins with the lodging of        a First  Information Report (FIR) with the police who investigate the crime after which a case is filed in the court.

A petition has to be filed before the relevant court by the affected party only, In a rent matter; either the landlord or tenant can file a case.

3.

If found guilty; the accused can be sent to jail and also fined 

The court gives the specific relief asked for, For instance; in a case between a landlord and a tenant; the court can order the flat to be vacated and pending rent to be paid.

 

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Access to the Courts

In theory, all citizens of India can access the courts, meaning everyone has a right to seek justice. The courts are essential for protecting our Fundamental Rights. If someone feels their rights are being infringed, they can take their case to court.

  • However, many poor individuals find it challenging to access legal systems.
  • Legal processes often involve significant costs, extensive paperwork, and lengthy timeframes.
  • For someone who is illiterate and relies on daily wages, the thought of going to court for justice can seem unattainable.

To address this issue, the Supreme Court introduced Public Interest Litigation (PIL) in the early 1980s, aiming to improve access to justice for the general public.

The courts play a vital role in interpreting the Fundamental Rights of citizens.

Nonetheless, there are court decisions that some believe do not favour the average person. For instance, activists focusing on housing rights for the poor argue that recent rulings concerning evictions conflict with earlier decisions. Recent rulings tend to regard slum dwellers as encroachers, while earlier cases, like the 1985 Olga Tellis vs. Bombay Municipal Corporation, aimed to protect the livelihoods of these individuals.

The document Structure of Courts in India | Social Studies (SST) Class 8 is a part of the Class 8 Course Social Studies (SST) Class 8.
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FAQs on Structure of Courts in India - Social Studies (SST) Class 8

1. What is the structure of the courts in India?
Ans. The structure of the courts in India consists of a hierarchical system. At the top, there is the Supreme Court of India, followed by High Courts in each state or group of states. Below the High Courts, there are District Courts, which are further divided into Civil Courts and Criminal Courts.
2. How many levels are there in the court system of India?
Ans. The court system in India has three levels. The highest level is the Supreme Court of India, which is the apex court and has the final authority on legal matters. The second level consists of the High Courts, which are present in each state or group of states. The third level comprises the District Courts, which are located in various districts across the country.
3. What is the jurisdiction of the Supreme Court in India?
Ans. The Supreme Court of India has both original and appellate jurisdiction. In its original jurisdiction, the Supreme Court has the power to hear cases directly, without any prior proceedings in lower courts. In its appellate jurisdiction, the Supreme Court can hear appeals against the decisions of the High Courts or any other lower courts in the country.
4. What is the role of High Courts in the Indian judicial system?
Ans. High Courts in India play a crucial role in the judicial system. They have the power of superintendence and control over all subordinate courts in their respective states or group of states. High Courts have the authority to hear appeals, revisions, and writ petitions. They also have the power to issue orders, directions, and writs, including habeas corpus, mandamus, certiorari, etc.
5. What are the types of cases handled by District Courts in India?
Ans. District Courts in India handle both civil and criminal cases. In civil cases, they deal with matters related to property disputes, contract disputes, family disputes, etc. In criminal cases, they handle cases related to offenses punishable by imprisonment for a term not exceeding seven years. District Courts are the lowest level of courts and are responsible for the administration of justice at the grassroots level.
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