India 2018

376 India 2018
laws known as subordinate legislation in the form of rules, regulations as well
as bye-laws made by central/state governments and local authorities like
municipal corporations, municipalities, gram panchayats and other local bodies.
This subordinate legislation is made under the authority conferred or delegated
either by Parliament or state or union territory legislatures concerned. Judicial
decisions of superior courts like Supreme Court and High Courts are important
sources of law. Decisions of the Supreme Court are binding on all courts within
the territory of India. Local customs and conventions which are not against
statute, morality, etc., are also recognised and taken into account by courts while
administering justice in certain spheres.
Enactment of Law
The Parliament is competent to make laws on matters enumerated in the Union
List. State legislatures are competent to make laws on matters enumerated in
the State List. Parliament alone has power to make laws on matters not included
in the State List or Concurrent List. On matters enumerated in the Concurrent
List, laws can be made by both Parliament and the state legislature. But in the
event of repugnancy, law made by Parliament shall prevail over law made by
state legislature, to the extent of repugnancy, be void unless the latter law having
been reserved for consideration of President, has received his assent and in that
event shall prevail in that state.
Judiciary
At the apex of the entire judicial system exists the Supreme Court of India with
a High Court for each state or group of states and under the High Courts there
is a hierarchy of subordinate courts. Panchayat Courts also function in some
states under various names like Nyaya Panchayat, Panchayat Adalat, Gram
Kachehri, etc., to decide civil and criminal disputes of petty and local nature.
Different state laws provide for jurisdiction of these courts.
The highest court in each district is that of District and Sessions Judge.
This district court is the principal court of civil jurisdiction and can try all offences
including those punishable with death. He is the highest judicial authority in a
district. Below him, there are courts of civil jurisdiction, known in different
states as Munsifs, Sub-Judges, Civil Judges and the like. Similarly, criminal courts
comprise Chief Judicial Magistrate and Judicial Magistrate of First and Second
class.
Supreme Court
During the British regime, the King in Council, or Privy Council as it was
generally called, was the highest forum to entertain appeals from the judgments
and orders passed by the courts in India. On enactment of the Judicial Committee
Act, 1833, it came to be called the Judicial Committee of Privy Council. The
decisions of the Judicial Committee used to be couched in advisory form, though,
in practice, the Crown always accepted its advice, and it was unthinkable that