Diving into India's Governance: 1935 Act's Shift, Legal Tapestry, & Judicial Symphony - Unique Constitution's Blend of Unity & Diversity.

Introduction to the Government of India Act, 1935

The Government of India Act, 1935, a significant legislation passed by the UK Parliament, marked a crucial transition in India’s governance. Shifting from a unitary to a federal structure, it meticulously allocated powers between the central and state governments, aiming to avert conflicts. A pivotal development was the establishment of the Federal Court in 1937. This court held sway over appellate, original, and advisory jurisdiction. Notably, its appellate jurisdiction encompassed both civil and criminal cases, while its advisory role empowered it to guide the Governor-General on matters of public concern. Over its 12-year tenure, the Federal Court adjudicated around 151 cases. Eventually, the Supreme Court of India, our present apex judicial body, succeeded the Federal Court. The Act and its subsequent evolution lay the foundation for India’s contemporary governance and judicial framework.

Types of Laws in the Indian Legal System

In India, our legal system is a blend of various types of laws, each serving a distinct purpose. The Constitution of India, formed in 1950, lays the foundation for all laws in the country. It defines citizens’ rights, government powers, and more. Our legal landscape is like a woven tapestry, where different laws interconnect to create a comprehensive structure.

Criminal Law

This type of law addresses violations of public order and the legal code. The Indian Penal Code (1860) outlines what constitutes a crime and the associated penalties. The Criminal Procedure Code (1973) outlines the procedures and punishments for these crimes. Crimes like murder, rape, theft, and assault fall under this category.

Civil Law

When disputes arise between individuals or organisations, civil law comes into play. Civil courts handle cases where rights have been infringed upon. This law seeks resolution rather than punishment. The Code of Civil Procedure (1908) guides the process. It encompasses areas like Tort, Family, Property, and Contract law. Cases like breach of contract and landlord-tenant disputes fall here.

Common Law

This law stems from judicial decisions and precedents. Supreme Court rulings, backed by Article 141 of the Indian Constitution, establish these laws. ‘Natural justice’ principles like fair hearing and unbiased judgement are part of common law. The doctrine of ‘Stare Decisis’ ensures consistency in decisions based on past judgments.

Statutory Law

This category covers laws set by legislative bodies. The Central Government creates laws through Parliament, states through Vidhan Sabha, and local governments through municipalities. Proposed laws, or bills, need legislative approval and presidential assent to become acts. This process prevents any misuse of power.

Our legal system is like a well-organised library, with different law books representing various aspects of life and governance. These laws work together, creating a balance between individual rights and societal harmony.

Structure of the Indian Judicial System

In the intricate tapestry of India’s legal landscape, the judicial system stands as the vigilant guardian of interpretations, the resolver of disputes, and the steadfast champion of fairness among its citizens. Like the strings of a sitar, the various tiers of this system create a harmonious symphony of justice.

Supreme Court

At the zenith of this symphony sits the Supreme Court, the crown jewel established on that historic day, January 26, 1950. Woven into the fabric of the Constitution, its authority finds root in Article 145 which births the Supreme Court Rules of 1966. This court dons a trifold jurisdictional cloak: Original, Appellate, and Advisory, bestowed upon it by Articles 131, 133, 134, and 143.

Leading this majestic ensemble is the Chief Justice of India, anointed by Article 126. Once a septet, the bench has now expanded to 34, Chief Justice included, to manage the growing tide of cases. Unique in its exalted position, a Supreme Court judge’s dedication is unwavering, precluding practice in any other court.

Article 32 extends an open hand to individuals, inviting them to seek constitutional solace through writ petitions. And when the gavel of the Supreme Court strikes, its proclamation reverberates across courts and the nation, for Article 141 decrees its decisions as legal lodestars.

High Courts

Down the ladder, High Courts preside over state and union territory matters. Article 214 births these towers of appeal, their jurisdiction traversing appellate, original, and supervisory realms. Yet, Article 227 tempers the supervisory power, reminding that even heights have their limits. From Articles 214 to 231, the Constitution charts the contours of these entities.

With a total of 25 High Courts, one for each state and union territory, with some states sharing a collective jurisdiction, they stand as paramount guardians of justice. The venerated Calcutta High Court, standing since 1862, wears the laurels of seniority.

District Courts

At the grassroots, the district courts hold sway, orchestrated by a District Judge. Across India’s expanse, 672 such courts render justice. High Courts wield the appellate baton, guiding their rulings.

Divided into the Court of District Judge and the Court of Sessions Judge, they bring the law to the very doorstep. The Court of District Judge, invoking the Code of Civil Procedure, 1908, handles civil cases. From Junior to Principal Junior to Senior Civil Judge Courts, the hierarchy mirrors the pursuit of justice.

From territorial to pecuniary jurisdiction, these courts wield power. Even as an Additional District Judge eases the burdens of justice, the pecuniary cap remains at two crore rupees.

Munsiff Courts, the lowest echelon, are mere appendages to their District Court overseers. The State Government sketches their jurisdictional boundaries.

The Court of Sessions Judge, guided by the Code of Criminal Procedure, 1973, reigns over criminal realms. The hierarchy cascades from Chief Judicial Magistrate to Magistrates of different classes, each vested with unique powers. An Assistant Sessions Judge or an Additional Sessions Judge steps in, driven by the tempo of the cases. But even their authority bends before the High Court in matters of capital punishment, echoing the gravitas of Section 366(1).

Metropolitan Courts

The urban heartbeat finds its beat in Metropolitan Courts, established where ten lakh souls reside. A symphony directed by the High Court, Chief Metropolitan Magistrates and Metropolitan Magistrates each wield the authority of their ranks, a reflection of the judicial rhythm.

In the grand theatre of India’s judicial system, the curtains never fall. A melodic dance of laws and principles, courts and judges, the system strives to ensure justice for all, guided by the North Star of the Constitution.

Form of the Indian Constitution

In the heart of India’s governance lies a constitution that’s a blend of both unity and diversity. It’s not purely federal or entirely unitary; it’s something in-between, a quasi-federal creation, a unique reflection of India’s intricate fabric.

The Federal Features of the Indian Constitution Are:

Division of Powers

Imagine the constitution as a web, carefully weaving powers between the centre and the states. This web is cast in three lists, outlined in Article 246 of the Seventh Schedule.

• Union List: Here, the Parliament holds sway, crafting laws that deal with national affairs like defense, foreign relations, and the armed forces.
• State List: In contrast, states get their own domain, where they make laws related to local matters such as public order, agriculture, and health.
• Concurrent List: Then comes the shared arena. Here, both states and the central government can make laws. It covers topics like education, trade unions, and criminal procedure.

But, should a conflict arise between a central law and a state law on the Concurrent List, the scales tip in favour of the central law – this is the doctrine of repugnancy, as Article 254 describes.

Supremacy of the Indian Constitution

Picture the Indian Constitution as a lighthouse, its light guiding all laws. It stands supreme, an unshakeable pillar. No law can tamper with its core framework. Should a law wander off from the Constitution’s path, the courts, like watchful sentinels, can declare it void through judicial review.

This concept was cemented in the Kesavananda Bharati case in 1973. The Supreme Court declared the basic structure of the Constitution sacrosanct, a line that cannot be crossed.

Independent Judiciary

Envision the Supreme Court as a guardian, ensuring the Constitution’s supremacy. It’s a place where matters of power limits, fundamental rights, duties, and state policies are resolved. A balanced scale, keeping the scales of governance even.

Written Constitution

See the Constitution as the inked foundation of all laws, the longest written constitution worldwide. Its canvas is vast – a Preamble, 470 Articles, 25 Parts, and 12 Schedules, painting a comprehensive picture of governance.

Rigid Constitution

Imagine the Constitution as a sturdy tree, its roots grounded in its provisions. Altering these provisions isn’t a casual task. It demands a special majority in Parliament and the nod of at least half the state legislatures. It’s an intentional effort to safeguard its integrity.

Dual Government Polity

Visualise governance as a symphony. The central government orchestrates national harmony, while the state government conducts the local melody. It’s a dance of duality, a rhythm of balance.

Bicameralism

Imagine the legislature as a two-story house. The Lok Sabha, the lower floor, fills its seats with the people’s voice. The Rajya Sabha, the upper floor, stands permanent, chosen by the states’ voices. Together, they craft the laws that touch the lives of millions.

India’s constitution is a tapestry woven with threads of federalism and unity, guided by the light of justice, anchored in written form yet adaptable, and crafted to harmonise the intricate diversity that defines the nation.

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