Thursday, December 20, 2012

Judiciary of India

Judiciary of India as of today is the continuation of the British Legal system established by the English in the mid-19th century. Before the arrival of the Europeans, India was governed by laws based on The Arthashastra, dating from the 400 BC, and the Manusmriti from 100 AD. This tradition in India continued beyond the Islamic conquest of India, and through to the Middle Ages. Islamic law "The Sharia" was applied only to the Muslims of the country. But this tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. The history of Modern Judicial System in India starts from there.
The laws and judicial system of British India were continued after independence with only slight modifications. The supreme court consists of a chief justice and up to 25 judges, appointed by the president, who hold office until age 65. The court's duties include interpreting the constitution, handling all disputes between the central government and a state or between states themselves, and judging appeals from lower courts.
As of January 2003, there were 18 high courts, subordinate to but not under the control of the supreme court. Each state's judicial system is headed by a high court whose judges are appointed by the president and over whom state legislatures have no control. High court judges can serve up to the age of 62. Each state is divided into districts; within each district, a hierarchy of civil courts is responsible to the principal civil courts, presided over by a district judge.
Different personal laws are administered through the single civil court system. Islamic law ( Shari'ah ) governs many noncriminal matters involving Muslims, including family law, inheritance and divorce. There are strong constitutional safeguards assuring the independence of the judiciary. In Kashmir the judicial system barely functions due to threats by militants against judges and witnesses.
India accepts the compulsory jurisdiction of the International Court of Justice with reservations.
Lok Adalats are voluntary agencies for resolution of disputes through conciliatory method

Before the arrival of the Europeans, India was governed by laws based on The Arthashastra, dating from the 400 BC, and the Manusmriti from 100 AD. This tradition in India continued beyond the Islamic conquest of India, and through to the Middle Ages. Islamic law "The Sharia" was applied only to the Muslims of the country.
The laws and judicial system of British India were continued after independence with only slight modifications. The supreme court consists of a chief justice and up to 25 judges, appointed by the president, who hold office until age 65.
Each state's judicial system is headed by a high court whose judges are appointed by the president
High court judges can serve up to the age of 62. Each state is divided into districts; within each district, a hierarchy of civil courts is responsible to the principal civil courts, presided over by a district judge.
Different personal laws are administered through the single civil court system. Islamic law ( Shari'ah ) governs many noncriminal matters involving Muslims, including family law, inheritance and divorce.
In Kashmir the judicial system barely functions due to threats by militants against judges and witnesses.
Lok Adalats are voluntary agencies for resolution of disputes through conciliatory method

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