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Different Branches of Legal System

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The legislative, executive branches, and judiciary are the three pillars that sustain the Indian government. The Indian legal system. In India, we have an independent judiciary. Other branches of government are not permitted to interfere with the operation of the courts. The judiciary is the arm of government in charge of interpreting the law, settling disputes, and ensuring that everyone is treated equally. The judiciary is seen as both the defender of the Constitution and the protector of democracy. A fair and independent judiciary is required for democracy to work properly.

Indian Judiciary is Independent

  1. It means that the executive and legislative branches of government do not impede the court’s ability to function.
  2. Other organs respect and do not interfere with the decision of the judiciary.
  3. It also assures that judges can do their responsibilities without fear of reprisal.

Different branches of the legal system

Functions of Indian Judiciary

  1. The basic function of the court is to apply the law to specific circumstances or to settle disputes. When a disagreement is heard in court, the evidence presented by the parties is utilized to “judge the facts.” The law then determines and applies which law applies to the situation.
  2. In many cases, judges are unable or unwilling to select the most relevant statute to apply. In such cases, judges use their expertise and common sense to assess what legislation is appropriate. Prior judicial decisions are often deemed binding on later judges in identical circumstances, according to the doctrine of stare decision. 
  3. The Supreme Court of India, India’s highest court, protects the Constitution. The court resolves jurisdictional conflicts between the federal and state governments, as well as the legislature and the executive branch.
  4. The judiciary ensures that the government and other authorities do not violate people’s rights.
  5. The Supreme Court of India also functions as a consultative body. It provides constitutional advisory opinions. When there are no disputes and the executive desires it, this is done.
  6. Some of the tasks of the courts are non-judicial or administrative in nature. The courts can grant licenses, administer estates (property), and appoint receivers. Marriages are registered, and guardians are appointed for minor children and lunatics.

The legal system is divided into two branches: criminal law and civil law.

Criminal Law

Theft, nagging a woman for more dowry, and murder are all crimes punishable by law. A criminal case starts with the filing of a First Information Report (FIR), which is then followed by a police investigation and the filing of the case in court. Following a court trial, the accused may be sentenced to prison, hanged, or fined.

Criminal laws were codified during the British administration in India, and they are still in existence in the twenty-first century. Lord Thomas Babington Macaulay is credited with creating India’s criminal law codifications. Among other things, the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 govern criminal law in India. Criminal law is viewed as the most apparent representation of a state’s relationship with its citizens.

Civil Law

Land conflicts, commodity purchase disputes, rent disputes, and divorce lawsuits are examples of civil law cases that risk or impair people’s rights. In civil proceedings, the procedure begins with the concerned party filing a petition in the relevant court. In a matter between a landlord and a renter, the court can order the unit to be evacuated and the pending rent to be paid.

Every Indian citizen has access to the country’s courts. Every citizen is legally entitled to seek remedy in the courts. The courts play an important role in ensuring the protection of a citizen’s Fundamental Rights. Obtaining Justice Obstacles Access to the courts has always been difficult for the great majority of India’s impoverished. Legal proceedings are expensive and time-consuming. It is a long shot to go to court to seek justice for the poor, who are illiterate and financially disadvantaged. In the 1980s, the Supreme Court established the Public Interest Litigation (PIL) system to promote access to justice for the poor and illiterate.

Sample Problems

Question 1: What is the structure of Indian judiciary?


The Indian legal system is structured in a pyramidal structure, with the Supreme Court at the summit.

Question 2: What is obiter dictum in law?


Obiter dictum refers to a judge’s opinion or comment that is not required to be included in the court’s decision.

Question 3: What is the main function of the Indian judiciary?


The primary function of the court is to interpret and apply laws to individual cases.

Question 4: Define judicial review?


Any bill or executive order that breaches any provision of the constitution is declared invalid or null and void by the judiciary. This is known as judicial review. Judicial review has the advantage of protecting people’ fundamental rights while also preserving the balance between the union and the constituent portions of a federal state.

Question 5: Write few example of the criminal law.


Theft, harassment of a lady in order to obtain more dowry, murder, and other such crimes.

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Last Updated : 31 May, 2022
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