One of the special features of our constitution is that it has recognized the principle of federal structure in respect of the functioning legislature and executive, but at the same time our Constitution has provided an unified judiciary to administer both the Central and State Laws.

The Supreme Court of India is at the top of the entire judicial system of the country. Next in order are the High Courts at each State or group of States. Below the high court there is a hierarchy of subordinate courts in each State. There is generally separation of judiciary from executive. Panchayat courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachheri, etc., to decide Civil and criminal disputes of petty and local nature. Different State Laws provide for different kinds of jurisdiction of courts.

Every State is divided into judicial districts. The District and Sessions Judge is the highest judicial authority in a District. The District Court functions as the principal civil court of original jurisdiction. As the Sessions Court it can try all offences including those punishable with death. Below the District Court, there are courts of civil jurisdiction, known in different states as courts of munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises courts of chief judicial magistrate and judicial magistrates of first and second class.

The functions of the judiciary in India are as under:

1. Interpretation:
   Interpretation is process by which the courts seek to ascertain the meaning of the legislation. If a statutory provision is open to more than one explanation, the court has to choose that interpretation which represents the true intention of the legislature. In this respect the courts in India have relied on well-established principles of statutory interpretation

2. Invalidation :
   The courts can invalidate laws that run counter to the constitutional provisions i.e. they are ultra vires the Constitution. A rule or any subordinate legislation can also be invalidated on the ground that it runs counter to the statute under which it is made

3. Enforcement:
   If the non-enforcement of any legal provision by the executive results in the violation of the fundamental rights of a person, than the Court can issue a mandamus (A writ issued by a superior court ordering a public official to perform a specified duty.) to ensure that the law is enforced. An example of this can be the development of law in the field of environmental law. The enforcement function of the court is thus indirect, since this function falls primarily under the responsibility of the executive authorities.

4. Judicial Legislation:
   The courts can make law or judicially legislate in certain areas not covered by statutes, if the non-existence of a law would violate the fundamental rights of a person. However, the Court cannot issue a direction (mandamus) to the legislature to legislate in such areas. As of today, subjects like inter-country adoption of children, child labour, environment pollution and sexual harassment at the workplace in India are governed by guidelines of the Supreme Court, which carry legislative sanction. The CVC which earlier was functioning under the administrative control of the Government of India has now been organised as an independent autonomous statutory body on account of guidelines issued by the Supreme Court.

5. The Constitutional Courts in India"
   The High Courts and the Supreme Court can also invalidate statutes. In exceptional cases, where the absence of legislation would violate fundamental rights of a person, the courts can issue guidelines to be followed by authorities till law is made in that area

The Supreme Court was constituted by Article 124 of the Constitution with original, advisory and appellate powers. The Supreme Court is the successor of the Federal Court. The Supreme Court of India comprises the Chief Justice and not more than 25 other Judges appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65 years.

In order to be appointed as a Judge of the Supreme Court a person must be

• a citizen of India and

• must have been for at least five years, a Judge of a High Court or of two or more such Courts in succession, or

• An advocate of a High Court or of two or more such Courts in succession for at least 10 years, or

• He must be, in the opinion of the President, a distinguished jurist. -

The Constitution also provides for the appointment of a Judge of a High Court as an ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court. The proceedings of the Supreme Court are mainly in English and the procedure is regulated by the Supreme Court Rules, 1966. The Rules provide for necessary details as regards to the filing of cases and the procedure for service etc. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India. However, a former judge of the Supreme Court can be appointed to head a Commission or Tribunal or can act as an arbitrator.

Its exclusive original jurisdiction extends to the following matters:

• Any dispute between the Government of India and one or more States, or

• Any dispute between the Government of India and any State or States on one side and one or more States on the other, or

• Any dispute between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

• In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce the rights guaranteed under Part III of the Constitution.

• Election petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.

• The Supreme Court has been conferred with power to directly transfer any civil or criminal case from one High Court to another High Court or from a court subordinate to one High Court to another court subordinate to a different High Court, in the interests of justice and on the application of a party. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases by itself.[Article 139A]

• The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals lie to the Supreme Court in civil matters if the High Court concerned certifies:

  1. that the case involves a substantial question of law of general importance, and

  2. in the opinion of the High Court the said question needs to be decided by the Supreme Court.

• In criminal cases, an appeal lies to the Supreme Court if the High Court

  1. has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or

  2. has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or

  3. certified that the case is a fit one for appeal to the Supreme Court. The Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a HighCourt.

• The Enlargement of Criminal Appellate Jurisdiction Act, 1970 has conferred a wider power to the Supreme Court in this respect. The Supreme Court has also a very wide appellate jurisdiction over all courts and tribunals in India in as much as, it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter, passed or made by any court or tribunal in the territory of India.

Several statutes provide for appeal to the Supreme Court, either from the High Court or from the Special Tribunals under those Acts. Examples of these statutes include the Representation of the People Act, 1951, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987. Further, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944, Section 23 of the Consumer Protection Act, 1986 and Section 82C of the Gold (Control) Act, 1968 also provide for appeals to the Supreme Court from various tribunals set up under the Acts.

The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court can only be removed after he is impeached i.e. the President passes an order to that effect after an address in each House of Parliament. The decision of impeachment should be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting should be presented to the President. The judge can only be removed on grounds of proved misbehavior or incapacity. (There has only been one instance when Parliament took up the motion for impeachment of a Supreme Court judge. However, the motion was defeated.) Further, the judges are entitled to pay and other emoluments as provided in the Constitution and the laws and this cannot be varied to the disadvantage to the judge except during a financial emergency.

High Court stands at the head of the state's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one state. Among the Union Territories, Delhi alone has a High Court of its own. Other six Union Territories come under jurisdiction of different state High Courts. Each High Court comprises a Chief Justice and such other judges as the President may, from time to time, appoint. The Chief Justice of High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state. The procedure for appointing puisne judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office up to 62 years of age and are removable in the same manner as a judge of the Supreme Court. To be eligible for appointment as a judge, one must be a citizen of India and have held a judicial office in India for 10 years or must have practised as an advocate of a High Court or two or more such courts in succession for a similar period.

Each High Court has power to issue to any person or authority and government within its jurisdiction, direction, orders or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, even if the seat of such Government or authority or residence of such person is not within those territories.

Each High Court has powers of superintendence over all courts within its jurisdiction. It can call for returns from such courts, make and issue general rules and prescribe forms to regulate their practices and proceedings and determine the manner and form in which book entries and accounts shall be kept.