Understanding the Legal System in India (English) скачать в хорошем качестве

Understanding the Legal System in India (English)

Understanding the Legal System in India (English) Excellent explanation of the courts of India and their powers. India has a well-established judiciary system, with the Supreme Court of India being the highest court in the country. The courts in India are broadly classified into two categories: Civil courts and Criminal courts. Civil courts deal with civil matters such as property disputes, contract disputes, family disputes, etc. The hierarchy of civil courts in India is as follows: District Courts: These are the primary courts that deal with civil matters at the district level. High Courts: These are the superior courts of the states and union territories. They have jurisdiction over the lower courts within their respective territories. Supreme Court of India: This is the highest court of appeal in India and has jurisdiction over all the courts in the country. Criminal courts, deal with criminal matters such as murder, theft, fraud, etc. Magistrate Courts: These are the primary criminal courts that deal with minor offenses and have the power to try and sentence accused persons. Sessions Courts: These courts are responsible for hearing serious criminal cases and have the power to impose the death penalty. High Courts: As mentioned earlier, the high courts also have jurisdiction over criminal cases in their respective states and union territories. Supreme Court of India: This is the final court of appeal in criminal cases as well. Apart from these, there are also specialized courts in India such as the Family Court, Consumer Court, Labour Court, etc. Jurisdiction: Civil courts have the power to hear cases related to civil matters, including contract disputes, property rights, personal injury, family law, and other civil matters. High courts are the highest courts in each state or union territory of India and have several powers to administer justice and ensure the rule of law. Some of the powers of high courts include: Appellate Jurisdiction: High courts have the power to hear appeals against decisions made by lower courts and tribunals within their jurisdiction. Writ Jurisdiction: High courts have the power to issue writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to protect the fundamental rights of citizens and ensure the proper functioning of public authorities. Original Jurisdiction: High courts have the power to hear and decide cases that are filed directly with them, such as cases involving constitutional issues, disputes between states, or cases related to the interpretation of laws. Supervisory Jurisdiction: High courts have the power to supervise the functioning of lower courts and tribunals within their jurisdiction, and to issue orders and directions to ensure the proper administration of justice. Contempt Jurisdiction: High courts have the power to punish individuals or entities for contempt of court, including disobedience of court orders, interference with the administration of justice, or disrespectful behavior towards the court. Judicial Review: High courts have the power to review the actions of the executive and legislative branches of government to ensure that they are in conformity with the Constitution and the law. The Supreme Court of India is the highest court in the country and has several powers and procedures to administer justice and ensure the rule of law. Some of the powers and procedures of the Supreme Court of India include: Appellate Jurisdiction: The Supreme Court has the power to hear appeals from judgments and orders of the high courts, as well as from any other court or tribunal in the country. Original Jurisdiction: The Supreme Court has the power to hear and decide disputes between the central government and the state governments, and also between states. Writ Jurisdiction: The Supreme Court has the power to issue writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to protect the fundamental rights of citizens and ensure the proper functioning of public authorities. Advisory Jurisdiction: The Supreme Court has the power to give its opinion on any question of law or fact referred to it by the President of India. Judicial Review: The Supreme Court has the power to review the actions of the executive and legislative branches of government to ensure that they are in conformity with the Constitution and the law. Contempt Jurisdiction: The Supreme Court has the power to punish individuals or entities for contempt of court, including disobedience of court orders, interference with the administration of justice, or disrespectful behavior towards the court.