Ans.
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One of the unique features of the Indian
Constitution is that, notwithstanding the adoption of a federal system and
existence of Central Acts and State Acts in their respective spheres, it has
generally provided for a single integrated system of Courts to administer both
Union and State laws.
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At the apex of the entire judicial system,
exists the Supreme Court of India below which are the High Courts in each State
or group of States. Below the High Courts lies a hierarchy of Subordinate
Courts. 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.
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Different State laws provide for different kinds
of jurisdiction of courts. Each State is divided into judicial districts
presided over by a District and Sessions Judge, which is the principal civil
court of original jurisdiction and can try all offences including those
punishable with death.
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The Sessions Judge is the highest judicial
authority in a district. Below him, there are Courts of civil jurisdiction,
known in different States as Munsifs, Sub-Judges, Civil Judges and the like.
Similarly, the criminal judiciary comprises the Chief Judicial Magistrates and
Judicial Magistrates of First and Second Class.
·
The Indian Judiciary is partly a continuation
of the British legal system established by the English in the mid-19th century
based on a typical hybrid legal system known as the Common Law System, in which
customs, precedents and legislative are all components of the law.
·
The Constitution of India is the supreme legal
document of the country. There are various levels of judiciary in India –
different types of courts, each with varying powers depending on the tier and
jurisdiction bestowed upon them.
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They form a strict hierarchy of importance, in
line with the order of the courts in which they sit, with the Supreme Court of
India at the top, followed by High Courts of respective states with district
judges sitting in District Courts and Magistrates of Second Class and Civil
Judge (Junior Division) at the bottom. Courts hear criminal and civil cases,
including disputes between individuals and the government. The Indian judiciary
is independent of the executive and legislative branches of government
according to the Constitution.