The Indian judiciary plays a pivotal role in upholding justice, interpreting laws, and safeguarding citizens’ rights. In this SEO-friendly blog post, we’ll delve into the key features of the Indian legal system, shedding light on its unique aspects.
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Some Points to be noted:
➡The Indian Supreme Court hears more than 50,000 cases a year. The UK and US Supreme Courts, on the other hand, hear less than 100 cases a year on average.
➡India, unlike the US, has a unified judicial
➡India has no court of appeal unlike the UK.
➡The Law Commission has, in its 227th report, recommended setting up four regional benches of the Supreme Court
➡these were: Delhi, Chennai/Hyderabad, Kolkata and Mumbai.
➡Supreme Court has rejected the Law Commission's suggestion.
Indian Judiciary: features and model of Dispute resolution model
Law Jurisdiction
Common Law Jurisdiction
➡Adopted British tradition of 'common law:
➡Decisions, Orders and Judgments become binding precedents for all subordinate courts in the hierarchy.
➡Opposed to this model, civil law system followed in countries such as Germany, Russia, and Continental Europe.
Difference between common and civil law
➡The main difference between common and civil law is with respect to the source of law.
➡Under common law: Judiciary can make laws through judicial decisions of courts;
➡Under civil law: only the legislature or executive has the power to create laws and rules.
Model of Dispute Resolution
➡Courts in India follow the adversarial system of adjudication as opposed to the inquisitorial model followed in several civil law countries.
Adversarial model:
➡Lawyers of the opposing parties present their cases before a neutral judge
➡the role of lawyers representing the party becomes vital.
Inquisitorial system of law:
➡judges are more pro-active in adjudicating the matter.
➡Rather than acting as neutral judges, they have rights to inquire and probe into the matter.
➡Role of lawyers and the role of judge cumulatively becomes important.
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