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Indian judiciary

It is a 3 tier system for most of you who don’t know what is a 3 tier system is , A 3 tier system is where there are different levels and different kinds of jurisdictions divided in different levels. In India there is Supreme Court, high court and district/ subordinate courts. Supreme court being the last resort for any appeals to be made.

In this there are different jurisdictions for different courts. Supreme and high court has a jurisdiction of appellate which enables one to appeal at the higher courts if not satisfied by the judgement of the primary court. The supreme court also has the ability of judicial review, which enables it to review any legislation made or any of the previous judgements made.

The Indian judicial system is also an independent system as its working never halts. The salaries of the advocates and the judges is paid from the consolidated funds which keeps it separate from being influenced by changing ruling parties. Furthermore it has special provisions which prevents the legislature to question the working of the judiciary as no judgement or any discussion of subject relating to judiciary cannot be discussed in the parliament during a session.

Judicial activism is one of the great features of our legal system as it’s part any lawyer can file a litigation based on public interest also known as public interest litigation (PIL). This can be filed when there’s a dispute between two sides and the judgement/decisions made by each side is affecting general public.

Supreme Court of India

Being a secular country, India’s definition of secularism is different than that of the western definition of secularism. In Indian secularism the judicial system can interfere in the matters of religion when the rights of any citizen or group of citizens are being criticised on the basis of religion.

Just like the “SATI” practice the indian judiciary stepped in and banned it because it was violating the basic right to life of a widowed women.

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