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TYPES OF COURTS

SUPREME COURT OF INDIA

The Supreme Court of India is the highest judicial authority in the country, created by the
Constitution of India, and it plays a pivotal role in the interpretation and enforcement of the
Constitution. Followings are detailed explanations of the Supreme Court of India along with
the relevant constitutional provisions.

1. Constitutional Basis for the Supreme Court

The Supreme Court of India is established under Part V, Chapter IV (Articles 124 to 147) of
the Constitution of India. It is the final interpreter of the Constitution and acts as the guardian
of the Constitution.

Article 124: Establishment and Constitution of the Supreme Court

➢ Article 124(1) establishes the Supreme Court, stating that there shall be a Supreme
Court of India consisting of a Chief Justice of India (CJI) and a number of other
judges as prescribed by Parliament.
➢ Article 124(2) prescribes the appointment of judges, stating that the judges of the
Supreme Court are appointed by the President of India, after consultation with such
other judges of the Supreme Court and High Courts as he deems necessary.
➢ Article 124(3) provides that in order to be appointed as a Judge in the Supreme Court
of India if he or she
• A person must be citizen of India
• Must have served as a Judge of a High Court for at least five years
• Must have been an advocate of a High Court for at least ten years.
• Must be a distinguished Jurist in the opinion of the President.
➢ Article 124(4) provides the process for the removal of judges, which is through
impeachment by Parliament based on proved misbehavior or incapacity.
Oath of Office
• Every appointed judge must make and subscribe to an Oath before the
president or an appointed person.
• The Oath includes commitments to uphold the Constitution, Sovereignty and
integrity of India and performs duties without fear or favor.

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Article 125: Salaries, Leave, and Pension

➢ Judges of the Supreme Court are entitled to salaries, allowances, and privileges as
determined by Parliament.
➢ The salaries, pension and allowance of the Supreme Court Judges are charged upon
the consolidated fund of India.

Article 126: Acting Chief Justice

➢ In the absence of the Chief Justice of India, the President may appoint an acting Chief
Justice.

Article 127: Appointment of Ad Hoc Judges

➢ If there is a lack of quorum, the Chief Justice of India may, with the prior consent of
the President, appoint a judge of a High Court as an ad hoc judge to the Supreme
Court.

2. Jurisdiction of the Supreme Court

The Supreme Court has various jurisdictions as laid down by the Constitution, which include
original, appellate, and advisory jurisdiction.

Article 131: Original Jurisdiction

The Supreme Court has original jurisdiction over disputes:

➢ Between the Government of India and one or more States, or

➢ Between Government of India or some states and other States.
➢ Between two or more States.

This does not include disputes arising out of treaties, agreements, or covenants.

Article 132: Appellate Jurisdiction in Constitutional Matters

➢ The Supreme Court has appellate jurisdiction in constitutional matters. If a case

involves a question of constitutional interpretation or application, an appeal can be
made to the Supreme Court.

Article 133: Appellate Jurisdiction in Civil Matters

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➢ The Supreme Court can entertain appeals from the High Courts in civil matters if the
High Court certifies that the case involves a substantial question of law.

Article 134: Appellate Jurisdiction in Criminal Matters

➢ The Supreme Court can hear appeals in criminal matters if:

➢ The High Court has reversed an acquittal and sentenced the accused to death, or

➢ The High Court has withdrawn a case for trial before itself and awarded a sentence of

death.

➢ The High Court certifies that the case is fit for appeal to the Supreme Court.

Article 136: Special Leave Petition

➢ Under this article, the Supreme Court has the power to grant special leave to appeal
from any judgment or order from any court or tribunal in India, except those related to
the armed forces.

This is one of the most important provisions as it gives the Supreme Court wide discretionary
powers to entertain appeals.

Article 137: Review of Judgments

➢ The Supreme Court has the power to review its own judgments and orders. This
means the Supreme Court can re-examine cases if there has been a mistake or an error
apparent on the face of the record.

Article 143: Advisory Jurisdiction

➢ The President of India can refer a question of law or fact to the Supreme Court for its
opinion. The opinion rendered by the Supreme Court in such cases is only advisory in
nature and is not binding.

3. Power of Judicial Review

The Supreme Court has the power of judicial review, which allows it to examine the
constitutionality of laws passed by the Parliament and the State Legislatures. This power is

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not explicitly mentioned but has been interpreted from various constitutional provisions such
as:

➢ Article 13: Declares that any law inconsistent with or in derogation of the
fundamental rights shall be void.

Through judicial review, the Supreme Court can strike down laws that violate the
Constitution.

4. Guardian of Fundamental Rights

The Supreme Court plays a crucial role in protecting the fundamental rights of the citizens as
enshrined in Part III (Articles 12 to 35) of the Constitution.

Article 32: Right to Constitutional Remedies

➢ Article 32 empowers individuals to directly approach the Supreme Court for the
enforcement of their fundamental rights. The court can issue writs like habeas corpus,
mandamus, prohibition, quo warranto, and certiorari for the protection of these rights.
Dr. B.R. Ambedkar referred to Article 32 as the “heart and soul” of the Constitution.

5. Independence of the Judiciary

The Constitution ensures the independence of the Supreme Court through various provisions:

➢ Article 124(2): Judges of the Supreme Court are appointed by the President in
consultation with the judiciary, ensuring minimal political interference.
➢ Article 124(4): Judges can only be removed through a complex process of
impeachment, protecting them from arbitrary removal.
➢ Article 125: Ensures financial independence by providing that salaries, pensions, and
allowances of judges are charged on the Consolidated Fund of India, and are not
subject to parliamentary vote.

6. Public Interest Litigation (PIL)

Though not explicitly mentioned in the Constitution, the Supreme Court has developed the
concept of Public Interest Litigation (PIL) over time. PIL allows any individual or

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organization to file a petition on behalf of those whose rights are being violated and who may
not be able to access the court themselves. This has expanded the scope of the Supreme
Court’s role in ensuring social justice.

7. Contempt of Court

Under Article 129, the Supreme Court is a court of record and has the power to punish for its
contempt. This means that it can penalize any individual or institution that disrespects or
undermines the authority of the court.

8. Administrative Powers

The Supreme Court also has various administrative functions, particularly related to the
appointment and transfer of judges, as provided by the Collegium System (established
through judicial precedent). This system is not mentioned in the Constitution, but it has
evolved through interpretations of Articles 124 and 217 (related to appointments of judges).

➢ The Supreme Court of India is a vital institution responsible for upholding the rule of
law, interpreting the Constitution, and safeguarding the rights of citizens. Through its
original, appellate, and advisory jurisdictions, the court ensures that the principles of
democracy, justice, and equality are maintained. The court’s independence, as
enshrined in the Constitution, has allowed it to play a significant role in shaping
India’s legal and constitutional landscape.

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HIGH COURTS
The High Courts of India form the second tier of the judicial hierarchy, positioned
below the Supreme Court of India. They are responsible for administering justice at the state
level and play a key role in ensuring that laws are followed and interpreted correctly within
their jurisdiction. High Courts, along with subordinate courts, form the backbone of the
judiciary system in the country.

The High Courts are established under the Constitution of India and their powers,
jurisdiction, composition, and independence are all outlined in Part VI, Chapter V of the
Constitution, specifically in Articles 214 to 231.

1. Constitutional Basis of High Courts

Article 214: Establishment of High Courts

➢ Article 214 mandates that each state shall have its own High Court. However,
Parliament can establish a common High Court for two or more states.
➢ Currently, there are 25 High Courts in India, and some serve multiple states (for
example, the High Court of Punjab and Haryana serves both Punjab and Haryana).

Article 215: High Courts to be Courts of Record

➢ Like the Supreme Court, High Courts are also Courts of Record. This means that their
judgments and proceedings are preserved for perpetual memory and may be referred
to in future cases.
➢ As courts of record, High Courts also have the power to punish for contempt of court.

Article 216: Constitution of High Courts

➢ A High Court consists of a Chief Justice and other judges as deemed necessary by the
President of India.

Article 217: Appointment and Conditions of the Office of a Judge

➢ Judges of the High Court are appointed by the President of India, after consultation
with the Chief Justice of India, the Governor of the concerned state, and the Chief
Justice of the respective High Court.
➢ A High Court judge holds office until the age of 62 years.

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➢ Judges can be removed from office only through a process of impeachment on

grounds of proven misbehavior or incapacity, similar to the procedure for removing
Supreme Court judges.
• The qualification for appointment as a judge in the High Court
• A person should be citizen of India
• A person should have at least ten years of experience as an Advocate of a High
Court of India or should have at least ten years held a judicial office in the
territory of India

Article 218: Application of Provisions relating to the Supreme Court to High Courts

➢ The provisions regarding the removal and conditions of service of judges of the
Supreme Court (outlined in Article 124) apply similarly to judges of the High Courts.

2. Jurisdiction of High Courts

High Courts have a wide range of jurisdiction that includes original, appellate, and
supervisory jurisdictions, as well as special jurisdiction under certain circumstances.

Original Jurisdiction

➢ The High Courts have original jurisdiction in cases related to the enforcement of
fundamental rights (under Article 226), civil and criminal matters within their
respective states.
➢ In some cases, High Courts also have original jurisdiction in matters of disputes
related to elections to Parliament and state legislatures.

Appellate Jurisdiction

➢ High Courts hear appeals in both civil and criminal matters from the lower courts
(District and Sessions Courts). This is one of their primary functions.

Supervisory Jurisdiction

➢ Under Article 227, High Courts have the power of superintendence over all courts and
tribunals (except military courts) within their territorial jurisdiction. This means they
can supervise the work of the lower courts and ensure the proper administration of
justice.

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3. Powers of the High Courts

Article 226: Power to Issue Writs

➢ One of the most significant powers of the High Court is derived from Article 226.
Under this article, High Courts have the power to issue writs (habeas corpus,
mandamus, prohibition, quo warranto, and certiorari) for the enforcement of
fundamental rights and for any other purpose.
➢ The power under Article 226 is broader than that of the Supreme Court under Article
32 because it allows High Courts to issue writs not just for the enforcement of
fundamental rights but also for other legal rights.

Article 227: Power of Superintendence

➢ As mentioned earlier, High Courts have the power of superintendence over all
subordinate courts and tribunals within their jurisdiction. This ensures that the lower
courts function properly and administer justice according to law.
➢ This supervisory power includes the ability to correct errors made by lower courts and
tribunals, and to ensure that they exercise their jurisdiction properly.

4. Independence of the High Courts

Several provisions in the Constitution ensure the independence of the High Courts:

Article 217(1): Appointment of Judges

➢ The judges are appointed by the President of India after consulting various authorities,
including the Chief Justice of India, which ensures that the judiciary remains insulated
from political influence.

Article 217(2): Removal of Judges

➢ High Court judges can only be removed by the President after a resolution is passed in
each house of Parliament by a two-thirds majority, based on proven misbehavior or
incapacity. This protects judges from arbitrary removal and ensures judicial
independence.

Article 221: Salaries and Allowances

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➢ The salaries and allowances of High Court judges are determined by Parliament and
are charged on the Consolidated Fund of India, which ensures financial independence.

Article 222: Transfer of Judges

➢ The President may transfer a judge from one High Court to another after consulting
the Chief Justice of India. While the President has the authority, it is largely done
based on the recommendation of the Collegium System, which helps maintain judicial
independence.

Article 229: Officers and Servants of the High Court

➢ The Chief Justice of each High Court has the power to appoint the officers and
servants of the court, further ensuring the administrative independence of the court.

5. Public Interest Litigation (PIL) in High Courts

Similar to the Supreme Court, the concept of Public Interest Litigation (PIL) has been widely
accepted in High Courts. This allows any individual or organization to approach the High
Court on behalf of those whose rights are being violated but may not be able to approach the
court themselves. PILs have expanded the role of the High Courts in ensuring social justice.

6. Tribunals and High Courts

Tribunals in India are quasi-judicial bodies that function to reduce the burden on the
traditional courts. However, their decisions can be reviewed and appealed in the High Courts.
The supervisory jurisdiction of the High Courts, as conferred by Article 227, ensures that
tribunals do not overstep their jurisdiction or violate legal principles.

7. High Courts and Subordinate Courts

The relationship between High Courts and subordinate courts is outlined in Articles 233 to
237.

Article 233: Appointment of District Judges

➢ The Governor of a state appoints District Judges in consultation with the High Court
of the respective state. This ensures that the High Court plays a supervisory role in the
appointment of subordinate judicial officers.

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Article 234: Recruitment of Other Judicial Officers

➢ Judicial officers other than district judges are appointed according to rules framed by
the Governor of the state in consultation with the State Public Service Commission
and the High Court.

Article 235: Control Over Subordinate Courts

➢ The High Court has control over district courts and courts subordinate to them,
including matters related to the posting and promotion of officers of the subordinate
judiciary.
➢ 8. Transfer of Cases

Article 228: Transfer of Certain Cases to High Courts

➢ If a case pending in a subordinate court involves a substantial question of law as to the

interpretation of the Constitution, the High Court has the power to withdraw the case
and dispose of it itself or send it back with its judgment on the question of law.

9. Common High Courts

Article 231: Establishment of a Common High Court for Two or More States

➢ Parliament has the power to establish a common High Court for two or more states.
An example is the Punjab and Haryana High Court which serves both Punjab and
Haryana, and also Chandigarh, a Union Territory.

10. Appeals to the Supreme Court

Although the High Courts are the highest judicial authorities within a state, their
decisions are subject to appeal to the Supreme Court under specific circumstances, such as:

➢ In cases involving substantial questions of law (Article 132),

➢ In civil matters (Article 133),

➢ In criminal matters (Article 134),

➢ Through Special Leave Petitions (Article 136).

The High Courts of India play an integral role in maintaining the rule of law and ensuring

justice at the state level. They act as appellate and original courts, safeguard fundamental

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rights through their writ jurisdiction under Article 226, and supervise subordinate courts and

tribunals. Various provisions within the Constitution guarantee the independence of the

judiciary and ensure that High Courts can function without undue influence from the executive

or legislature. They are vital to the federal structure of India’s judicial system, bridging the

gap between the Supreme Court and subordinate courts.

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DISTRICT AND SESSION COURT

District and session courts in India form the backbone of the judicial system at the district
level. They are the primary courts of first instance for civil and criminal cases in the country.
These courts operate under the supervision of the respective High Courts of each state. Below
is an overview of their functions, structure, and role:

District Courts

➢ Jurisdiction: District courts handle civil cases, including property disputes, contract
issues, and family matters like divorce and inheritance.
➢ Judge: The head of the District Court is the District Judge, who is appointed by the
state government in consultation with the High Court.
➢ Appeals: Appeals from lower courts like subordinate or junior civil courts can be
made to the District Court.

Sessions Courts

➢ Criminal Jurisdiction: Session courts deal with serious criminal matters, including
offenses like murder, rape, and dacoity, which are punishable by life imprisonment or
death.
➢ Sessions Judge: The Sessions Judge presides over these courts. They have the
authority to issue severe punishments, including capital punishment, although such
sentences must be confirmed by the High Court.
➢ Hierarchy: Session courts are the highest criminal court in a district, but their
judgments can be appealed to the High Court.

Hierarchy and Structure

1. Civil Courts

➢ District Judge: Handles civil disputes at the district level.

➢ Subordinate Judges/Civil Judges: Handle cases under a certain pecuniary limit and
serve as lower civil courts.

2. Criminal Courts

➢ Sessions Judge: Presides over sessions courts for serious criminal cases.
➢ Additional Sessions Judges: Assist the Sessions Judge.
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➢ Chief Judicial Magistrates (CJM): Handle less severe criminal cases.

Powers and Functions

➢ District Judges and Sessions Judges: These judges have dual roles—they act as District
Judges in civil cases and as Sessions Judges in criminal cases.
➢ Special Courts: Some districts have special courts for issues like family matters, consumer
disputes, or juvenile cases.

Appellate Role

➢ Appeals from decisions of District Courts and Sessions Courts go to the respective High
Courts of the state.

These courts are crucial for delivering justice at the grassroots level, ensuring both civil and
criminal matters are handled with due process.

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SPECIAL COURTS AND TRIBUNALS

In addition to the general courts, there are special courts and tribunals that deal with specific
types of disputes or offenses.

Special Courts:

These are established to deal with particular categories of cases for faster adjudication.
Examples include:

➢ Family Courts: Established under the Family Courts Act, 1984, to resolve family
disputes like divorce, child custody, etc.
➢ Juvenile Courts: Courts designated to deal with offenses committed by minors under
the Juvenile Justice Act.
➢ Special Courts under the Prevention of Corruption Act: These courts deal specifically
with corruption cases involving public officials.

Tribunals:

Tribunals are quasi-judicial bodies established to deal with administrative and other
specialized issues. They have been set up to ease the burden on regular courts and provide a
quicker resolution to disputes.

➢ Administrative Tribunals (Article 323A): Established under the Administrative

Tribunals Act, 1985, to resolve disputes related to public service.
➢ Income Tax Appellate Tribunal: Deals with disputes regarding income tax
assessments.
➢ National Company Law Tribunal (NCLT): Deals with disputes related to corporate
governance and insolvency.
➢ Consumer Courts: These were established under the Consumer Protection Act to
adjudicate disputes related to consumer rights.

Village Courts (Nyaya Panchayats)

In rural areas, Nyaya Panchayats act as local courts for small civil and criminal matters. They
are designed to offer quick and affordable justice and are part of India’s informal justice
system.

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Fast Track Courts

Fast Track Courts were set up to deal with the backlog of cases in the Indian judiciary. These
courts primarily focus on handling cases related to heinous crimes, sexual offenses, and
corruption cases in a time-bound manner.

Key Legal Provisions Regulating Indian Courts:

1. Code of Civil Procedure, 1908: This code governs the procedure followed in civil
cases in all courts in India.
2. The Bharatiya Nagarik Suraksha Sanhita: This code lays down the procedures for
criminal prosecutions in all courts.
3. Bhartatiya Sakshya Adhiniyam: This act regulates the admissibility of evidence in
both civil and criminal cases.

Conclusion

India’s judicial system is based on a hierarchy of courts, with the Supreme Court at the top,
followed by High Courts and Subordinate Courts. Various constitutional provisions ensure
the independence and smooth functioning of the judiciary. Additionally, special courts and
tribunals have been created to deal with specific types of disputes, ensuring that justice is
delivered in an efficient and timely manner. The system is designed to uphold the rule of law,
protect citizens’ rights, and maintain social order.

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LOK ADALATS
Lok Adalats (People’s Courts) are a form of alternative dispute resolution (ADR) system in
India. They play an essential role in reducing the burden of cases on the traditional courts by
settling disputes amicably, providing justice that is more accessible, faster, and cost-effective.
Lok Adalats have been given statutory recognition under the Legal Services Authorities Act,
1987, which has led to their formalization as a key component of the Indian judicial system.
Lok Adalats are an alternative dispute resolution mechanism in India. They are designed to
offer a simpler, quicker and cost effective way of settling disputes outside the conventional
court system.

1. Meaning and Concept

➢ Lok Adalat means “People’s Court” and operates on the principle of conciliation and
compromise. It seeks to resolve disputes through mutual agreement between the
parties, bypassing the formal procedures of the court system.
➢ It operates with minimal formalities and does not adhere strictly to the procedural
laws like the Civil Procedure Code or Evidence Act. This allows the process to be
quicker and more flexible.
➢ Lok Adalat resolves disputes in a manner that is non adversarial, promoting harmony
between the parties.

2. Constitutional Provisions

➢ The Lok Adalat system draws its strength from article – 39 A of the constitution of
India, which mandates the state to ensure that the legal system promotes justice on a
basis of equal opportunity and provides free legal aid to ensure access to justice for all
citizens, particularly those who are economically weaker or otherwise disadvantaged.
➢ Article – 39 A (Directive Principles of the State policy) :
➢ Diects the state to promote justice on the basis of the equal opportunity
➢ It mandates free legal aid to the poor to ensure that opportunities for securing justice
are not denied to any citizen due to economic or other disabilities.

3. Legal Provisions

➢ Lok Adalats derive their statutory backing from the Legal Services Authorities Act,
1987.

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Section 19 – Organization of Lok Adalats

Section 19(1) – (4) provides for the organization of Lok Adalats by:

➢ The State Legal Services Authority or the District Legal Services Authority at the
state and district levels, respectively.
➢ The Supreme Court Legal Services Committee at the Supreme Court level.
➢ The High Court Legal Services Committee for disputes pending in High Courts.
➢ Lok Adalats can be organized at regular intervals and can be held at various levels,
including the Supreme Court, High Courts, District Courts, and Taluk (sub-district)
Courts.
➢ The awards given by a Lok Adalat are considered decree of a civil court and are final
and binding on all parties. There is no appeal against a decision made in a Lok Adalat.
However if a party is dissatisfied they can pursue the dispute in regular court.

4. Composition of Lok Adalats

➢ A Lok Adalat consists of a panel of members, including:

➢ A Judicial Officer, often a sitting or retired judge.
➢ A lawyer and a social worker.
➢ Cases are referred to the Lok Adalat by courts or parties themselves.
➢ The parties to the dispute and the panel try to reach a settlement. If a compromise is
reached, the panel passes an award.
➢ If no compromise is possible, the case is either referred back to the regular court or
parties can pursue other legal avenues.

5. Types of Cases taken up by Lok Adalats

➢ Lok Adalats deal with the wide variety of cases including:

➢ Civil disputes including family dispute, matrimonial issues and etc.
➢ Compoundable criminal cases those that can be settled between the parties
➢ Disputes related to public utility services like electricity, water supply and telephone.
➢ Motor accident claims
➢ Cases pending in regular courts that can be settled through compromise.

However Lok Adalats cannot settle non compoundable criminal cases which involves serious
criminal offence

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Section – 20 outlines the procedures for referring cases to Lok Adalats.

➢ Pending Cases in Courts (Section 20(1)(i)):

➢ Courts can refer cases to Lok Adalats if:
➢ The parties are willing to settle.
➢ The court believes that the matter is appropriate for settlement by Lok Adalat.
➢ Pre-litigation Cases (Section 20(1)(ii)):
➢ Disputes that have not yet been filed in court can also be brought before a Lok Adalat
directly by the parties involved.
➢ Consent of Parties (Section 20(2)):
➢ The Lok Adalat can only settle disputes with the consent of the parties. If the parties
agree to a compromise, the Lok Adalat can proceed to pass an award.
• Referral by Courts (Section 20(3)):
➢ If, during the course of a trial, a court is of the opinion that a matter can be settled
amicably, it may refer the matter to the Lok Adalat after obtaining the consent of the
parties.
• Return of Case (Section 20(4)):
➢ If a compromise is not reached, the matter is returned to the regular court without any
prejudice to the rights of the parties involved.

6. Jurisdiction of Lok Adalats

➢ Lok Adalats can settle disputes which are:

➢ Pending before any court.
➢ At the pre-litigation stage, meaning disputes that have not yet been taken to court.
➢ They have the authority to settle a wide range of disputes including family disputes,
land disputes, labour disputes, bank recovery cases, and compoundable criminal
cases.

7. Types of Lok Adalats

➢ Permanent Lok Adalat: Established under Section 22-B of the Legal Services
Authorities Act, these are meant to deal with disputes related to public utility services
such as transport, postal, telegraph, and telecommunication services.
➢ National Lok Adalat: These are organized at regular intervals across India on a
particular day where cases are disposed of in huge numbers and this is organized by
the National Legal Services Authority (NALSA)

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➢ Mobile Lok Adalat: Lok Adalats that move from place to place to settle disputes in
different regions.
➢ High Court Lok Adalats: Lok Adalats functioning at the High Court level to deal with
pending cases in the High Court.

8. Nature of Award by Lok Adalats

Section 21 – Award of Lok Adalat

This section deals with the award (decision) passed by a Lok Adalat.

➢ Binding and Final (Section 21(1)): The award passed by a Lok Adalat is considered a
decree of a civil court. It is binding on all parties, and there is no provision for appeal
against the decision.
➢ Execution of Award (Section 21(2)): The award is enforceable like any other decree
of a civil court, meaning it can be executed through the same processes used to
enforce court orders.
➢ The decision of a Lok Adalat is final and cannot be challenged in any court, except
through writ petitions under Article 226 or Article 32 of the Constitution, where
violation of fundamental rights is involved.

9. Advantages of Lok Adalats

➢ No Court Fees: There is no requirement to pay court fees in Lok Adalats, and if a case
is pending in a court and is settled in Lok Adalat, the fee paid is refunded.
➢ Speedy Justice: The process is less time-consuming compared to regular courts.
Disputes are resolved in a single sitting.
➢ Flexibility: Lok Adalats are not bound by strict legal rules and can operate in a more
informal manner, allowing greater scope for compromise.
➢ Finality of Award: The award passed by the Lok Adalat is final and cannot be
appealed against, thus providing closure to the dispute quickly.
➢ Amicable Settlement: Since the resolution is through mutual agreement, relationships
between parties are more likely to be preserved.

10. Disadvantages of Lok Adalats

➢ Limited Jurisdiction: Lok Adalts cannot settle non compoundable criminal offenses
which limits their scope.

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➢ Voluntarily nature : Both parties need to agree to settle the dispute if either party
refuses the case cannot be resolved in Lok Adalats
➢ Non – Binding if no agreement: If no compromise is reached the dispute remains
unresolved and the case goes back to regular court proceedings.

11. Success of Lok Adalats

➢ Lok Adalats have proven to be an effective means for delivering justice to the
common man. Their simplicity, affordability, and efficiency make them accessible,
especially for those who cannot afford prolonged litigation.
➢ They are highly successful in cases related to family matters, bank recovery,
insurance claims, and motor vehicle accidents.

12. Future Prospects

➢ The government and judiciary continue to focus on enhancing the reach of Lok
Adalats. Initiatives like Online Lok Adalats are being considered to integrate
technology and make the process even more efficient.

Conclusion
Lok Adalats have become an indispensable part of the Indian legal system, especially in
addressing the issue of case pendency and providing an accessible, affordable, and timely
form of justice. They promote a culture of compromise and conciliation, aligning with India’s
tradition of dispute resolution through peaceful means.

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PUBLIC INTEREST LITIGATION

Public Interest Litigation (PIL) in India is a legal mechanism that allows individuals or
groups to approach the courts to seek justice on issues of public concern, particularly where
the rights of marginalized or disadvantaged communities are affected. It is a tool that has
been used extensively to advance social justice, environmental protection, and human rights.
PIL is also known varsiously as Social Action Litigation (SAL), Social Interest Litigation
(SIL) & Class Action Litigation (CAL)

Here’s a comprehensive breakdown:

1. Definition of PIL

The Supreme Court defined the Public Interest Litigation (PIL) as a legal action initiated in a
court of law for the enforcement of public interest or general welfare, rather than just private
interests. It is not necessary that the person filing the petition must have suffered any personal
harm or injury. Instead, any public-spirited citizen or organization can file a PIL for issues
affecting the public.

2. Origin of PIL in India

PIL in India is a judicial innovation and became prominent in the late 1970s and early 1980s.
Justice P.N. Bhagwati and Justice V.R. Krishna Iyer of the Supreme Court were instrumental
in expanding the scope of the traditional “locus standi” (right to approach the court), which
restricted legal standing to individuals directly affected by an issue. They liberalized this
concept, allowing any concerned citizen to file a PIL.

➢ First PIL case in India: The first landmark PIL case was Hussainara Khatoon
vs State of Bihar (1979), where prisoners were detained for years without a
trial. It led to reforms in the criminal justice system and the right to a speedy
trial.

3. Constitutional Basis for Public Interest Litigation

Public Interest Litigation draws its constitutional backing from various provisions of the
Indian Constitution, particularly:

➢ Article 32: This article empowers individuals to approach the Supreme Court for the
enforcement of their fundamental rights.
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➢ Article 226: This article grants the high courts the power to issue writs for enforcing
fundamental rights and other legal rights. This gives PIL a wider scope at the state
level.

4. Key Features of PIL

➢ Relaxation of Locus Standi: Unlike traditional cases where only an aggrieved party
could file a petition, PIL allows any public-spirited individual or NGO to file on
behalf of those who cannot.

➢ Focus on Public Issues: PILs focus on matters of broader public concern, including
environmental protection, human rights, consumer welfare, and corruption.

➢ Wide Jurisdiction: The Supreme Court and High Courts in India can take up PILs.
They have broad powers to issue directions to the government and public authorities.

➢ No formal legal procedure: The Indian Judiciary allows PIL to be filed in a relatively
informal manner, even through letters or telegrams which has been excepted as a PIL
in many landmark cases.

➢ Judicial Activism: India courts has adopted an activist role in using PIL to address
varies public interest matters, such as environmental degration, human rights
violation, corruption and governance issues.

5. Objectives of PIL

➢ Access to justice for all: Its seeks to provide justice to those who are unable to access
to it due to social, economic or other disadvantages.

➢ Judicial Intervention in Public Welfare: PIL allows the judiciary to take up cases
concerning social, environmental and human rights issues.

➢ Check on Government Actions: Through PIL, courts can monitor the actions of
government agencies, ensuring accountability and transparency.

➢ Enforcement of Fundamental Rights: PIL is used to enforce fundamental rights as

enshrined in Part III of the constitution, particularly for the vulnerable sections of
society.

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6. Procedure for Filing a PIL in India

➢ The supreme court of India has laid down certain guidelines to insure that only
genuine public interest matters are heard.

➢ Any individual or group with a strong interest in a public welfare can file up a PIL

➢ None governmental organizations (NGOs) or social activists frequently use PILs to

raise issue of public importance.

➢ The petitioner does not need to be directly affected by the issue, but must act in the
interest of those who cannot file the case themselves.

➢ The subject matters of PILs must address the issue of Public interest such as
environmental protection, human rights violence, governance failures, corruption and
matters affecting the disadvantaged sections of society.

7. Cases of Issues Taken Up in PILs

Some of the common areas where PILs have been used include:

➢ Human Rights Violations: Cases involving exploitation of marginalized sections like

bonded laborers, prisoners, women, children, and workers.

➢ Environmental Concerns: Protection of forests, pollution control, and wildlife

conservation, deforestation, conservation of natural resources.

➢ Government Accountability and Corruption: Addressing issues of mal-administration

or corruption. The PIL taken up the cases where public authorities fail to carry out
their duties, such as sanitation, health or education.

➢ Consumer Protection: Safety standards and public health.

➢ Welfare and Social Justice: Issues related to housing, healthcare, and education child
labour, women safety.

8. Notable PIL Cases in India

Some landmark PIL cases in India include:

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➢ Hussainara Khatoon vs State of Bihar (1979): Led to the release of undertrial

prisoners focused on inhuman conditions of prisons. Right to speedy justice due to
their inability to afford legal representation. The case laid to foundation for PIL in
India.

➢ MC Mehta vs Union of India (1986): A series of cases involving environmental

pollution, including the Ganga River cleaning, pollution control in Delhi, and safety
in industrial units like the Bhopal Gas tragedy.

➢ Vishaka vs State of Rajasthan (1997): This case led to the formulation of guidelines to
prevent sexual harassment at the work place and paved the way the enactment of laws
in this area.

9. Advantages of PIL

➢ Enhance to Justice for All: PIL has provided an avenue for those who otherwise may
not have access to the judicial system due to poverty, illiteracy, or lack of resources. It
especially empowers the weaker sections to seek judicial redress without the burden
of legal costs.

➢ Judicial Activism: It allows the judiciary to play an active role in ensuring that
executive and legislative actions conform to the law and respect citizens’ rights. It
ensure the accountability of Government departments.

➢ Accountability: PILs have helped hold the government and public authorities
accountable for their actions or inaction.

➢ Faster Resolution: PILs often result in quick judicial intervention and prompt
resolution of urgent issues.

➢ Public Awareness: PILs bring crucial social issues to the forefront, creating public
awareness and encouraging debate on matters of public concern.

10. Criticism and Abuse of PIL

While PIL has been an effective tool for social justice, it has also attracted criticism for the
following reasons:

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➢ Frivolous Litigations: There have been instances of misuse where PILs have been
filed for personal or political gains rather than public interest. This leads to
unnecessary burdening of courts.

➢ Judicial Overreach: In some cases, critics argue that the judiciary, through PIL, has
encroached upon the domain of the executive and legislature, raising concerns about
the separation of powers.

➢ Delays in regular cases: Like any other litigation, PILs can also face delays,
diminishing their effectiveness in urgent matters.

11. Judicial Guidelines to prevent the misuse of PIL

Given the potential for abuse, courts have established safeguards to prevent frivolous or
politically motivated PILS. The Supreme Court, in several judgements, has laid down the
following guidelines.

➢ Bona Fides of the Petitioner: The court will examine whether the petitioner is
genuinely concerned with the public interest or is seeking publicity, personal gain, or
political mileage

➢ Limit on Political Motives: PILS filed with a political agenda, or as an instrument for
political battles, are not entertained.

➢ Imposition of Costs: Courts may impose heavy costs on petitioners who file frivolous
or irresponsible PILS to discourage misuse of the PIL mechanism.

➢ Scrutiny of Public Interest: The court ensures that the issue raised genuinely concerns
the public and not individual grievances.

12. Recent Developments in PIL

The scope of PILs continues to evolve. Recently, PILs have been filed on contemporary
issues like:

➢ The right to privacy (Aadhar-related concerns).

➢ Environmental and climate-related concerns (e.g., deforestation and pollution).

➢ Public health during the COVID-19 pandemic.

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13. Conclusion

Public Interest Litigation has revolutionized India’s legal landscape by making justice more
accessible to the public, especially the vulnerable and marginalized sections of society. While
it has its share of challenges, including potential misuse, it remains a powerful tool for
addressing systemic issues and ensuring that the government and public institutions are held
accountable for their actions.

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CITIZENSHIP

Meaning of Citizenship: The Population of state is divided into two classes citizens and
aliens (Foreigners). A citizen of state is person who enjoys full civil and political rights.
Citizens are different from aliens who do not enjoy all these rights. Citizenship caries with it
certain advantages conferred by constitution. Aliens do not enjoy these advantages. The
Constitution recognizes only one citizenship, i.e., Indian citizenship, regardless of the state or
union territory in which a person resides. The following fundamental rights are available only
to the citizens.

1. The right not to be discrimination against any citizen on grounds of religion, race, caste or
place of birth (article 15).

2. The right to equality of opportunity in matter of public employment (Article 16).

3. The right to six freedoms enumerated in Article – 19 i.e. freedom of speech and
expression, assembly, association, movement, residence, profession.

4. Cultural and educational rights conferred by Article 29 and 30

5. The right to vote for election to the house of the people and the legislative assembly of
states is available to the citizens only and only they can become the members of the union
and state legislatives.

Key Articles of the Constitution Regarding Citizenship

1. Article 5: Citizenship by Domicile

➢ This article specifies that every person who has his domicile in India and fulfills one
of the following conditions is a citizen of India:
➢ Was born in the territory of India.
➢ Either of the person’s parents was born in the territory of India.
➢ Has been ordinarily resident in the territory of India for not less than five years
immediately before the commencement of the Constitution.

2. Article 6: Rights of citizenship of persons who migrated to India from Pakistan

➢ This article provides citizenship rights to persons who migrated to India from Pakistan
before or after the Partition (August 15, 1947). It differentiates between two classes:

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➢ Those who migrated before July 19, 1948, and have been ordinarily residing in India
since migration automatically became citizens.
➢ Those who migrated after July 19, 1948, could be registered as citizens if they fulfill
the following conditions:
• He either of his parents any of his grandparents were born in India.
• Provided they had been resident in India for at least six months before
applying.
• He had submitted an application for registration to the Officer.
• He has been registered as a citizen by such Officer.

3. Article 7: Rights of citizenship of certain migrants to Pakistan

➢ This article deals with persons who migrated from India to Pakistan after March 1,
1947, and who later returned to India under a permit for resettlement or permanent
return. These individuals could be granted citizenship if they had obtained a permit
for resettlement in India.

4. Article 8: Rights of citizenship of persons of Indian origin residing outside India

➢ Citizens of Indian origin who were residing outside India but born to Indian parents,
or whose grandparents were born in undivided India, are entitled to register as citizens
of India at the Indian Consulate in their country of residence.

5. Article 9: Persons voluntarily acquiring the citizenship of a foreign state not to be

citizens

➢ If a person voluntarily acquires the citizenship of any foreign country after January
26, 1950, they cease to be a citizen of India.

6. Article 10: Continuance of the rights of citizenship

➢ Every person who is, or is deemed to be, a citizen of India under any provision of the
Constitution continues to be a citizen, subject to any law made by the Parliament.
7. Article 11: Parliament’s power to regulate citizenship
➢ This article gives Parliament the authority to make laws regarding the acquisition,
termination, and other matters concerning citizenship. It was under this article that
Parliament enacted the Citizenship Act, 1955.

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The Citizenship Act, 1955

The Citizenship Act, 1955 is the principal legislation that governs the acquisition and loss of
Indian citizenship. The Act provides five ways to acquire Indian citizenship and three ways
for it to be terminated.

Modes of Acquisition of Indian Citizenship

1. Section 3 by Birth:
➢ A person born in India on or after January 26, 1950, but before July 1, 1987, is a
citizen of India by birth, regardless of the nationality of their parents.
➢ For persons born in India between July 1, 1987, and December 3, 2004, at least one
parent must be an Indian citizen at the time of their birth.
➢ For persons born in India after December 3, 2004, one parent must be an Indian
citizen and the other must not be an illegal migrant at the time of their birth.
2. Section 4 by Descent:
➢ A person born outside India is considered an Indian citizen if either of their parents
was an Indian citizen at the time of their birth. However, if the person was born after
December 3, 2004, their birth must be registered at an Indian consulate within a year
of their birth.
3. Section 5 by Registration:
Citizenship can be acquired by registration by several categories of persons:
➢ Persons of Indian origin who are ordinarily resident in India for seven years.
➢ Persons of Indian origin who are ordinarily resident in any country outside undivided
India.
➢ Persons who are married to Indian citizens and have been residing in India for seven
years.
➢ Minor children of persons who are citizens of India.
➢ Persons registered as overseas citizens of India (OCI) for five years and residing in
India for one year.
4. Section 6 by Naturalization:
➢ A foreign national can acquire Indian citizenship through naturalization if they have
resided in India for 12 years (an aggregate of 11 years preceding the application and
one year immediately before the application).

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➢ The person must renounce their former citizenship and meet other conditions such as
good character and a basic knowledge of the Indian Constitution and Indian
languages.
5. Section 7 by Incorporation of Territory:
➢ If any new territory becomes part of India, the Government of India may specify the
conditions under which the people of that territory can be granted citizenship.
Loss of Citizenship
The Citizenship Act provides three modes through which Indian citizenship can be lost:

1. Section 8 Renunciation:
➢ Any citizen of India who voluntarily acquires the citizenship of another country can
renounce Indian citizenship. Once renounced, the person’s minor children also lose
Indian citizenship, but they can resume it later.
2. Section 9 Termination:
➢ If a person voluntarily acquires the citizenship of another country, their Indian
citizenship is automatically terminated.
3. Section 10 Deprivation:
➢ The government can deprive a person of their citizenship if it was acquired by fraud,
false representation, or concealment of material facts, or if the person has shown
disloyalty to the Constitution, among other grounds.

Amendments to the Citizenship Act

There have been several amendments to the Citizenship Act, 1955:

1. Citizenship (Amendment) Act, 1986:

➢ Introduced a more stringent process for citizenship by birth, requiring at least one
parent to be an Indian citizen for children born after 1987.
2. Citizenship (Amendment) Act, 2003:
➢ Introduced the concept of Overseas Citizenship of India (OCI) for persons of Indian
origin who hold citizenship of another country, excluding Pakistan and Bangladesh.
It also made illegal migrants ineligible for Indian citizenship.
3. Citizenship (Amendment) Act, 2015:
➢ Merged the PIO (Person of Indian Origin) card with the OCI card, simplifying the
benefits extended to the Indian diaspora.
4. Citizenship (Amendment) Act, 2019 (CAA):

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➢ This controversial amendment provides a path to citizenship for persecuted

religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from
Pakistan, Bangladesh, and Afghanistan, who entered India before December 31,
2014. The Act does not extend the benefit to Muslim immigrants, leading to
widespread debate and protests.
Dual Citizenship in India
India does not allow dual citizenship. However, it offers the Overseas Citizenship of India
(OCI) status to people of Indian origin who hold foreign citizenship. The OCI card allows for
multiple entries, multi-purpose lifelong visas to visit India, and some privileges concerning
financial and educational rights, but it does not grant political rights such as the right to vote
or hold public office.
Overseas Citizenship Of India (OCI)
The Citizenship act also introduced the concept of overseas citizenship of India (OCI), which
is form of long term residency for people of Indian Origin who are citizens of other countries,
while OCI holders are not Indian citizens and cannot vote, they enjoy certain benefits
including Visa free travel to India and the ability to work and own property (With some
restrictions).
Rights and Duties of Citizens

➢ Fundamental Rights (Articles 12 to 35): Indian citizens are entitled to certain

fundamental rights like the right to equality, freedom, and protection from exploitation.
Some of these rights, such as the right to vote and hold public office, are only available
to Indian citizens.
➢ Fundamental Duties (Article 51A): The Constitution also specifies certain duties that
every citizen must uphold, such as respecting the Constitution, safeguarding public
property, and promoting harmony.

Conclusion
Indian citizenship is rooted in the principles of law and equality, as outlined in the
Constitution and the Citizenship Act of 1955. Over the years, citizenship laws have evolved
to address the complexities of migration, statelessness, and global Indian diaspora relations.
However, these laws also raise important questions about inclusion, national identity, and
human rights, which continue to shape the discourse on citizenship in India.

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CITIZEN’S RIGHTS IN INDIA WITH FOCUS

ON
ARTICLE - 32

Article 32 of the Constitution of India is a fundamental provision that guarantees the right to
constitutional remedies. It allows citizens to move that supreme court of India to seek
enforcement of their fundamental rights, making it one of the most vital components of the
constitution. It often regarded as the “heart and soul of the Constitution” (as described by Dr.
B.R. Ambedkar), as it provides the right to individuals to move the Supreme Court directly
for the enforcement of their Fundamental Rights. Without Article 32, the Fundamental Rights
provided in Part III of the Constitution would have little practical value. This article forms the
cornerstone of the right to constitutional remedies, which ensures the effectiveness of all the
rights guaranteed under the Constitution.

Detailed Explanation of Article 32

Article 32 is part of Part III of the Constitution, which deals with Fundamental Rights. It
essentially ensures the protection of these rights by empowering the Supreme Court to
enforce them.

1. Article 32

The Article is composed of four key clauses:

• Article 32(1):
➢ “The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.”
➢ This clause guarantees the right to approach the Supreme Court directly in case of a
violation of Fundamental Rights. It provides a direct path for individuals to seek
redress for the violation of their rights.
• Article 32(2):
➢ “The Supreme Court shall have the power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto,
and certiorari, whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.”
➢ This clause gives the Supreme Court the power to issue writs for the enforcement
of Fundamental Rights. These writs include:

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➢ Habeas Corpus
➢ Mandamus
➢ Prohibition
➢ Quo Warranto
➢ Certiorari
• Article 32(3):
➢ “Without prejudice to the powers conferred on the Supreme Court by clauses (1)
and (2), Parliament may by law empower any other court to exercise within the
local limits of its jurisdiction all or any of the powers exercisable by the Supreme
Court under clause (2).”
➢ This allows Parliament to empower other courts, apart from the Supreme Court
(for example, the High Courts under Article 226), to exercise the same powers
that the Supreme Court holds in terms of issuing writs for the enforcement of
Fundamental Rights.
• Article 32(4):
➢ “The right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.”
➢ The right to move the Supreme Court for the enforcement of Fundamental Rights
cannot be suspended, except during emergency provisions as laid out in the
Constitution (specifically under Article 359 during a State Emergency).

2. Purpose and Significance of Article 32

The primary purpose of Article 32 is to provide a remedy when a Fundamental Right is

violated. It acts as a guardian of Fundamental Rights and empowers citizens to seek judicial
enforcement directly from the Supreme Court, making it a pivotal article in the Constitution.

➢ Safeguard against state action: Article 32 ensures that no authority, including the
state, can violate an individual’s Fundamental Rights without providing recourse to a
remedy.
➢ Judicial protection: The Supreme Court, under Article 32, has the power to protect
Fundamental Rights by issuing writs and orders that prevent or redress violations of
these rights.

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➢ Guardian of the Constitution: Article 32 places the Supreme Court as the custodian
and protector of Fundamental Rights, ensuring that all laws and state actions comply
with constitutional principles.

3. Types of Writs Under Article 32

Under Article 32(2), the Supreme Court has the power to issue five types of writs to protect
and enforce Fundamental Rights. These writs are:

• Habeas Corpus:
➢ “You may have the body.”
➢ This writ is used to bring a person before the court if they have been unlawfully
detained. It ensures protection against illegal detention by the state or private parties.
➢ The court can order the release of a person if it finds that the detention is without
legal justification.
• Mandamus:
➢ “We command.”
➢ This writ is issued to a public official, directing them to perform their duty that they
have failed to do or neglected. It compels the authority to act.
➢ For example, if a government official fails to issue a license or permit that a person is
legally entitled to, the court can issue a writ of mandamus to force the official to act.
• Prohibition:
➢ “To forbid.”
➢ This writ is issued by a higher court to a lower court or tribunal to prevent them
from exceeding their jurisdiction or acting contrary to the law.
➢ If a lower court or tribunal is hearing a case that is outside its jurisdiction, the
Supreme Court or High Court can issue a writ of prohibition to stop the
proceedings.

4. Certiorari:

➢ “To be informed.”
➢ This writ is issued by a higher court to review the decision or order of a lower court
or tribunal, to ensure that it has acted lawfully. The writ can be used to quash illegal
orders or judgments.

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➢ If a lower court or tribunal has made an error in law or acted beyond its powers, the
Supreme Court can issue a writ of certiorari to correct the error or set aside the
order.

5. Quo Warranto:

➢ “By what authority?”

➢ This writ is used to question the legality of a person holding a public office. It
ensures that only legally qualified individuals occupy public offices.
➢ If a person is holding an office without being legally entitled to it, the court can issue
a writ of quo warranto to remove them from that position.

6. Scope of Article 32

➢ Only for Fundamental Rights: Article 32 can only be invoked for the enforcement of
Fundamental Rights. If an individual’s legal rights (which are not Fundamental
Rights) are violated, they must approach the High Court under Article 226 or use
other legal remedies.
➢ Supreme Court’s Powers: The Supreme Court has exclusive jurisdiction to entertain
petitions under Article 32, which means citizens can directly approach the Supreme
Court without going through lower courts.
➢ However, Article 32 is not an ordinary right; it is a Fundamental Right itself, which
makes it indispensable in safeguarding the rights of citizens.

7. Suspension of Article 32

Under Article 359 (which deals with emergency provisions), during a state of emergency
(under Article 352), the government may suspend the enforcement of Fundamental Rights
except for Articles 20 and 21 (the right against arbitrary punishment and the right to life and
personal liberty).

During such periods, citizens cannot approach the court under Article 32 to seek enforcement
of Fundamental Rights, unless those rights specifically remain enforceable during the
emergency.

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8. Article 32 and Article 226

➢ Article 32 provides the right to approach the Supreme Court directly for the
enforcement of Fundamental Rights.
➢ Article 226 gives High Courts the power to issue writs for both the enforcement of
Fundamental Rights and other legal rights. This gives High Courts broader
jurisdiction, though their writ powers under Article 226 are more limited in
comparison to the Supreme Court’s under Article 32.

9. Judicial Interpretation and Case Law

➢ Kesavananda Bharati v. State of Kerala (1973): The Supreme Court held that the
power of judicial review under Article 32 is a part of the basic structure of the
Constitution and cannot be abrogated by constitutional amendments. This case
established that judicial review is an essential feature of the Constitution.
➢ Maneka Gandhi v. Union of India (1978): The court expanded the scope of Article 21
(Right to Life and Personal Liberty), interpreting it in a broad and inclusive manner.
The right to life now included the right to a dignified life, and the Supreme Court
reaffirmed its role as the protector of Fundamental Rights under Article 32.
➢ Minerva Mills Ltd. v. Union of India (1980): This case reinforced that judicial review
under Article 32 is a basic feature of the Constitution that cannot be taken away by
any amendment.

10. Importance of Article 32

➢ Judicial Remedy for Citizens: It empowers individuals with a legal tool to approach
the Supreme Court if their Fundamental Rights are infringed.
➢ Check on State Power: It acts as a check on the arbitrary or unconstitutional actions of
the government or any public authority.
➢ Fundamental Right to Constitutional Remedies: Article 32 is itself a Fundamental
Right and ensures the effectiveness of all other Fundamental Rights.

Conclusion

In conclusion, Article 32 plays a critical role in ensuring the protection of citizens’ rights in
India. It not only provides individuals with the means to enforce their Fundamental Rights
but also emphasizes the supremacy of the Constitution and the judicial system’s role in
upholding it.

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