LEGAL, JUDICIARY, LAW, ARBITRATION

As per the Black’s Law Dictionary: That which is laid down, ordained, or es-tablished. A rule or method according to which phenomena or actions co-exist or follow each other. That which must be obeyed and followed by citizens, subject to sanctions or legal consequences, is a “law”. Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. It has been often described as the science and art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. India as we know it, gained Independence from the British on August 15, 1947. This day i.e. August 15 is recognized as ‘Independence Day’. On 29th August, 1947 a drafting committee for drafting the Constitution of India was set up. The Constitution of India was adopted on January 26, 1950. This day i.e. January 26 is recognized as ‘Republic Day’. The three pillars of any government are: executive, legislature and judiciary. The Constitution of India provides for separation of powers and this is part of the basic structure of the Indian Constitution. The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution, treaties or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus in common law countries creating the body of constitutional law. In the United States, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases. In the People's Republic of China, the final authority on the interpretation of the law is the National People's Congress. The Indian Judicial system is managed and administrated by officers of judicial service unlike in the past when civil service officers also were part of judicial system. The expression judicial service means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium. The Judicial system of India is classified into three levels with subsidiary parts. The Supreme Court, also known as the Apex Court, is the top court and the last appellate court in India, and the Chief Justice of India is its presiding judge. High Courts are the top judicial bodies in the states controlled and managed by Chief Justices of States. Below the High Court the District Courts, also known as subordinate courts. The Constitution states that the Supreme Court is a federal court, guardian of the Constitution, and the highest court of appeal. Articles 124 to 147 of the Constitution lay down the composition and jurisdiction of the court. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of serious human rights violations or any petition filed under Article 32, which is the right to constitutional remedies, or if a case involves a serious issue that needs immediate resolution. The Supreme Court comprises the Chief Justice and 33 other judges. {The above note has been written predominantly in the Indian context}Sources- Various, Britannica, Wikipedia..

LEGAL, JUDICIARY, LAW, ARBITRATION

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Sector: LEGAL, JUDICIARY, LAW, ARBITRATION 27, Sep, 2023   RAGHAV CHANDRA

27, Sep, 2023

Sector: LEGAL, JUDICIARY, LAW, ARBITRATION 07, Aug, 2021   SHLOK CHANDRA

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Sector: LEGAL, JUDICIARY, LAW, ARBITRATION 07, Aug, 2021   SHLOK CHANDRA

07, Aug, 2021



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