What is Court, What is the importance of Court
A court, also referred to as a judiciary, is a place where disputes are solved under the law, and justice is given to people. The primary function of this institution is to maintain law and order in society and provide equal justice to everyone. In ancient times, justice in India was delivered on the basis of Panchayats and rules in religious texts. Scriptures such as Manusmriti led the justice system. The modern court system began during British rule. In 1726, the British government established the first “Mayor’s Court” in Madras, Bombay, and Calcutta. Later, in 1861, High Courts were established in Calcutta, Madras, and Bombay through the Indian High Courts Act, What is Court, What is the importance of Court.
In India, the court system functions on three levels. The highest court is the Supreme Court, which guards the Constitution. It was established on January 28, 1950. Since then, there are High Courts in states and union territories that deal with cases at the state level. District Courts are at the district level, where petty cases and crimes are dealt with. There are separate courts depending on the nature of the case; for example, family courts, consumer forums, and labor courts. The role of a court is to provide a platform where every party can be heard, where justice is done according to evidence and witnesses, and in which justice prevails fairly, What is Court, What is the importance of Court.
The court’s primary goal is to safeguard the rights of all citizens, maintain peace in society, and ensure that no one is above the law. The court has delivered many landmark judgments, including Keshavananda Bharti v. State of Kerala (1973), which ensured the basic structure of the Constitution, and the Ayodhya land dispute in 2019, which finally ended a long-standing conflict.
Courts, however, have their own problems: millions of cases lying pending in courts, complexities of legal procedures involved, and that there is a lack of awareness of law in the minds of people. Nevertheless, courts are indispensable for society as it not only resolves disputes but also protects people’s rights and ensures that all persons adhere to the law. A court forms the strongest base for bringing harmony with justice to society.
The East India Company established modern courts in India by issuing the Charter of Justice in 1726. Mayor’s Courts were founded at Calcutta, Madras, and Bombay according to this Charter of Justice. It was the initial proper establishment of the British judicial system in India. These courts essentially tried cases where the disputants were subjects of England; however, Indian citizens could also file their cases under these courts, What is Court, What is the importance of Court.
The first Supreme Court was established in Calcutta in 1774 through the Regulating Act of 1773. This court was based on British laws, and its judges were appointed from Britain. The Supreme Court was established to control British citizens and company officials. However, its decisions often clashed with Indian traditions and local laws, leading to disputes and dissatisfaction.
The Regulating Act of 1781 was brought to harmonize British and Indian laws. It ordered respect for local Indian traditions and religious laws. Hindu and Muslim religious matters were governed by their respective laws. Additionally, district-level courts were established to settle disputes in rural areas.
The Indian High Courts Act of 1861 was one major reform in the British judicial system. Under this, the high courts were established in Calcutta, Bombay, and Madras in the year 1862. These courts replaced the previous Supreme Court and Sadr Adalats (civil and criminal courts). The high courts worked for bringing British and Indian laws together and made the justice system more organized.
Further to the Indian judicial and administrative system, the Government of India Act of 1935 was provided. Under the same act, the Federal Court was established, settling disputes between British India and native states. It was a landmark step before the creation of the Supreme Court, which further organized the judicial system.
It established the Supreme Court as well on 26 January, 1950 with effect to the Constitution of India. It made Supreme Court the court of the land and a Constitution’s custodian. The duties for safeguarding Indian citizens’ rights were bestowed on the Supreme Court. In a proper manner and an organized manner, it built up a frame work for the High Courts as well as other subordinate courts, What is Court, What is the importance of Court.
In 1973, the Criminal Procedure Code (CrPC) was amended to simplify and speed up the judicial process. This reform focused on protecting the rights of accused individuals, holding the police accountable, and ensuring transparency in the judicial process. This code is still applied in all criminal cases in India.
The Consumer Protection Act of 1985 was brought to protect the rights of consumers. Under this, consumer courts were established, where consumers could resolve complaints related to products or services. This act was a significant step in making justice more accessible to the public.
The e-Court project was launched in 2005 to digitize court procedures. This includes online case filing, tracking the status of the case, and simplifying the hearing process. Therefore, the judicial system became more transparent and time-bound.
What is the importance of Court
Court is very important in society because it provides us with justice, security, and peace. The main job of the court is to resolve disputes when two people or groups disagree on a matter. The court decides what is right, ensuring that the right decision is made and the wrongdoer is punished. In this way, the court helps recognize the truth and distinguish right from wrong in society.
Every human being has the rights to freedom, property, and dignity. He or she who loses his or her rights is helped by the court, and justice is delivered to him or her. It means no one is treated unfairly because the court assures that everyone gets their rights.
Each country has its own constitution and laws, giving everyone equal rights. The court ensures that all people follow the law. If someone breaks the law, the court punishes them and shows the correct path.
The court not only resolves legal disputes but also helps maintain peace and order in society. When someone commits a crime or creates fear in society, the court takes action against them. This keeps peace in society, and people feel safe.
The court also ensures that everyone gets equal rights. Be it a poor man or a rich man, from any caste or religion, the court gives equal justice to all. That means there is no discrimination in society, and everyone gets equal opportunities, What is the importance of Court.
We often face disputes in our lives, such as divorce, property issues, or crimes. The court resolves these matters properly, ensuring that people get the right decision and peace remains in society.
Human rights are the rights that every person is born with, such as the right to life, the right to freedom, and the right to respect. If someone’s rights are violated, the court punishes the wrongdoer and gives justice to the victim.
There is also a need for international justice worldwide. When there are disputes between two countries, international courts help resolve them. This helps in maintaining peace.
What are the types of court
Supreme Court
The Supreme Court is the highest and final court in India. It was established on January 26, 1950, after the Indian Constitution came into effect. Its job is to handle the country’s major and important cases. The Supreme Court has a Chief Justice and other judges who make decisions on matters from across the country. This court is above all other courts in India, and its decisions are followed everywhere.
High Court
The High Court is the state-level court of the highest rank. Each state has its own High Court that deals with the cases of the state. The first High Court in India was set up in 1862 in Calcutta, now Kolkata, and later High Courts were set up in other states also. The work of the High Court is to settle the important matters of the state. It is the highest court of the state and its judgments are enforced in the state.
Sessions Court
The Sessions Court deals with grave cases like murder or rape. It comes under the state’s High Court. This court was set up during the British period. It has judges who deal with serious criminal cases, and in such cases, it can give strict punishments, What are the types of court.
District Court
The District Court functions within a district where it deals with small and big cases as well. It was formed during the British regime so that people would get justice around their local vicinity. It deals with civil, criminal, and family cases. The court has alot of power and is ranked higher than the other smaller courts of the district.
Magistrate Court
The Magistrate Court deals with petty cases like theft or street fights. It was also established during the British rule. Magistrate Courts have magistrates (judges) who solve these petty crimes. There are two types of magistrates: First Class and Second Class. First Class Magistrates have more powers than Second Class Magistrates.
Lok Adalat
This forum of Lok Adalat aims at providing cheap and quick justice. The cases are resolved mutually by settlement, which means that both parties settle their dispute with the help of understanding. Lok Adalat began in 1980. It is a very simple process to achieve justice, and it is quicker and less expensive than regular courts.
Family Court
The Family Court is in charge of handling family matters like divorce, property dispute, and child custody. It was established in 1984. It deals with cases so that there would be less complicated and long-winding and costly trial.
Tribunal
Tribunals are special courts, which specifically handle certain cases such as tax, labor, and environmental matters. In the 1980s, tribunals were established as there was a recognition that these special courts were required for these particular matters. The tribunals specialize in their specific fields and ensure speedy justice.
How Are Judges Appointed in Courts
In India, the appointment of judges to courts is specified by the Constitution as well as laws. It is done at two levels, namely, Judges of the Supreme Court and High Courts as well as the judges of the lower courts.
Appointment of Judges in the Supreme Court and High Courts: The judges of the Supreme Court are appointed by the President, but there is a process called the ‘Collegium System.’ In this system, the Chief Justice of India and four senior judges of the Supreme Court together select the judges. The names of the selected judges are then sent to the President, and after the President’s approval, their appointment takes place. Appointments to High Court judgeship are also governed by this system. That is, the Chief Justice of the relevant High Court, and other high ranking judges in consultation, provide names of nominees to the President, How Are Judges Appointed in Courts.
Appointment of Judges in Lower Courts: Judges in lower courts are appointed by the state governments. For this, a State Judicial Service Examination is conducted. Candidates have to pass this exam and then go through a written test, interview, and medical test. After this, the selected candidates are appointed as judges in the state’s sessions courts and magistrate courts.
To become a judge, one has to possess an LLB qualification, apart from sometimes needing experience as an advocate. For lower courts, the State Judicial Service Examination needs to be passed.
What is the role of lawyers in court
The role of a lawyer in court is very important. The lawyer presents arguments in favor of their client and defends them in the court. They provide legal advice to their client on what steps to take and which path to follow. In court, lawyers present evidence (proof), ask questions to witnesses, and try to strengthen their client’s case. They ensure that the trial takes place in the proper way and that all legal procedures are followed. In case both parties agree for a compromise, the lawyer also deals with it. Lawyers do ideal conduct in the court and always strive to follow justice.
What is Contempt of Court and what are its consequences
Contempt of Court means where a person will not obey orders from the court or otherwise insult the court. It lowers the respect of the court and jeopardizes the processes of justice. There are mainly two types: one is an order violated through the court order (like not complying with the order), and another is insulting the court or the judge.
A contempt of court will punish the person, charge a fine, or even put that person in jail. It also gets around to spoiling the person’s reputation. Thus, an individual must adhere to the court order and treat the court with respect, What is Court, What is the importance of Court.
FAQs
How many judges are there in the Supreme Court
The Supreme Court of India consists of 34 judges, namely the Chief Justice of India (CJI) and 33 other judges. The number is authorized by the Parliament and can be increased when required.
What is the difference between the Supreme Court and High Court
The Supreme Court is the highest court of the country and the High Court is the highest court of every state or Union Territory. The Supreme Court can entertain cases from all parts of India whereas the High Court can entertain only cases related to its state.
What are the steps followed to file a case in the court
The court case will then be filed once the plaintiff finds an attorney who approaches them and assists them to get prepared with a case to present to the courts, then submit a filing for completion, after which a case hearing is held, and a court sets a date to appear before them, What is Court, What is the importance of Court.