Different types of disputes arise in a society. These disputes could be between state governments, between central government and state governments, between individuals in a society, or between individuals and institutions. To resolve these disputes as per the rule of law, a judiciary exists in a country.
Judiciary – Structure
In India, the judiciary has a 4-tier structure. At the lowest level of the judicial hierarchy are the Subordinate Courts. Above the Subordinate Courts are the District Courts. Above the District Courts are the High Courts. At the topmost level of the judicial hierarchy is the Supreme Court of India.
- The Subordinate Courts consider cases of civil and criminal nature.
- Serious criminal cases are decided by the District Courts.
- The disputes and cases which arise within a district are decided by the respective District Courts.
- Appeals against decisions given by lower courts are filed at the District Courts.
- High Courts have control and superintendence over the Subordinate Courts and District courts.
- The cases which come within the jurisdiction of the state will come under the High Courts.
- For restoration of the Fundamental Rights, High Courts can issue writs.
- The appeals from lower courts can be heard by the High Court.
Supreme Court of India
- The Supreme Court of India has the power to transfer cases of one High Court to another High Court.
- The Supreme Court of India has the power to transfer cases from High Courts to the Supreme Court.
- The Judges of High Courts can be transferred by the Supreme Court.
- The decision taken by the Supreme Court is binding on all the other courts.
- The Supreme Court of India has the powers to settle disputes between the states and the Union and can settle the disputes amongst the states.
- The Supreme Court of India has the powers to advise the President on matters of public importance and law.
- To protect the Fundamental Rights of the individuals, it can issue writs of Quo Warranto, Certiorari, Prohibition, Mandamus and Habeas Corpus.