Judicial Administration.
What is Judicial Administration?
Judicial Administration is a very vital part of any country. Every country has its own judicial administration system. And Under this article, we will take a deep look at the judicial administration of India.
The Constitution of India envisages an independent judiciary. There are many provisions in the Constitution to ensure the independence of the judiciary. This is not in the case of the Legislature and the Executive. The latter is accountable to the former.
While there is a federal type of arrangement for the Executive and the Legislature in the form of the Central and the States Governments, the Judiciary is unified.
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The subordinate courts and the district courts at local level function under the High Courts and the Supreme Court heads the entire system. This is the basic scheme of the judicial administration of India.
Judicial System In India.
The judiciary in India is not only independent but also plays the role of protecting the citizens against any arbitrariness of the executive. The Constitution of India ensures this by making the Fundamental Rights of the citizens justifiable.
The judiciary can check the Legislatures too. The Constitution of India ensures this by conferring to the judiciary the right to interpret the provisions of the Constitution.
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While exercising this right the judiciary can examine the constitutionality of the legislative enactments and declare any law passed, by the Legislature as ultra vires.
Though the judges of the Supreme Court are appointed by the Executive, but this is done according to the clearly enunciated guidelines.
Once appointed, they are not subject to any control of the Executive. Unambiguous separation of powers between the Executive and the Judiciary in the Constitution ensures that the judiciary is impartial and fair.
The Supreme Court has three areas of jurisdiction:
- Original,
- Appellate, and
- Advisory.
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Its original jurisdiction extends to disputes between the Government of India and one or more States and disputes between the States of India.
It also acts as protector and guarantor of Fundamental Rights of the citizens. Besides civil and criminal, the constitutional and special leave cases come under its appellate jurisdiction.
The advisory jurisdiction of the Supreme Court pertains to matters referred to it by the President.
One of the remarkable features of the judiciary in India is its single unified system. The legislature and the executive systems at Central and State levels are different in India, the judicial system has no such division.
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It is very much like a pyramid, the Supreme Court at the apex heads the entire system. There are subordinate courts and district courts at local level and High Courts for every state.
The judges of Supreme Court and High Courts are appointed by the President while for district courts the judges are appointed by the Governors of States in consultation with the High Court’s which also have the administrative jurisdiction over the district courts.
