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The judiciary of India (ISO: Bhārata kī Nyāyapālikā) is the system of courts that interpret and apply the law in the Republic of India.The Constitution of India provides concept for a single and unified judiciary in India.
The proposal for an All India Judicial Service was first suggested in the Chief Justices' Conference in 1961 as a way to remove any scope for judicial or executive intervention in the appointments to the judiciary in the High Courts and the Supreme Court in India. The idea had to be shelved after some states and High Courts opposed it. [2]
As of 2018, 92% of all expenditure on the judiciary was borne by the states. [39] This includes salary of judges, non-judicial staff and all operation costs. In 2019, India spent 0.08% of its GDP on the judiciary. [40] All states and union territories allocated less than 1% of its annual budget on the judiciary, except Delhi with 1.9%. [40]
He is the highest judicial authority below a high court judge. Below him, there are courts of civil jurisdiction, known by different names in different states. Under Article 141 of the constitution, all courts in India, including high courts – are bound by the judgements and orders of the Supreme Court of India by precedence.
The Supreme Court of India (ISO: Bhārata kā Sarvōcca Nyāyālaya) is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India.
The Indian Judicial Collegium system, where existing judges appoint judges to the nation's constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments made by Supreme Court judges, which are collectively known as the Three Judges Cases.
The system of appointment and transfers of Judges higher judiciary, as existing prior to the Constitution (Ninety-ninth Amendment) Act, 2014 (called the "collegium system"), is declared to be operative. The clauses provided in the amendment are inadequate to preserve the primacy of the judiciary, a basic feature of the constitution.
The council passed all-India laws as well as an Indian Law Commission. The progenitor of this codification was a British lawyer by the name of Thomas Macaulay who became the first Law Member, the head of the All-India Legislative Council, and the first head of the Law Commission. [16]