NPGRC

Adalat

In the context of India, refers broadly to the judicial system that administers justice and resolves disputes according to the laws of the land. The term encompasses various levels of courts, each with specific jurisdictions and functions. The Indian judiciary is structured hierarchically, with the Supreme Court at the apex, followed by High Courts for each state or group of states, and subordinate courts at the district and lower levels.

Structure and Jurisdiction

Supreme Court of India

Established under Article 124 of the Constitution, the Supreme Court is the highest judicial body in the country. It hears appeals from High Courts and matters of national importance. Article 141 mandates that the law declared by the Supreme Court is binding on all courts within the territory of India.

High Courts

Each state has a High Court established under Articles 214-231 of the Constitution. High Courts have jurisdiction over the state or group of states and handle appeals from lower courts within their jurisdiction. They also exercise writ jurisdiction to enforce fundamental rights.

Subordinate Courts

These include district courts, sessions courts, civil courts, and various specialised courts established under state laws. They are responsible for adjudicating civil and criminal cases within their territorial jurisdiction.

Administration of Justice

Challenges and Reforms

Article 50 of the Constitution emphasises the separation of the judiciary from the executive to ensure impartiality and fairness in the administration of justice.

Appointment of Judges

Articles 124-147 detail the appointment, qualifications, and removal of judges, aiming to safeguard judicial independence and competence.

Jurisdictional Clarity

Articles 245-255 demarcate the legislative powers of the Union and State legislatures concerning laws applicable to courts and judicial proceedings.

Role in Upholding Rights and Justice

Protection of Fundamental Rights

Adalat plays a crucial role in safeguarding fundamental rights guaranteed under Articles 14-32 of the Constitution. Courts have the authority to strike down laws that violate these rights and issue writs for their enforcement.

Public Interest Litigation (PIL)

Courts, particularly the Supreme Court and High Courts, have expanded their jurisdiction through PILs to address issues affecting public interest, ensuring accountability and social justice.

Challenges and Reforms

Backlog of Cases

The judiciary faces challenges such as a backlog of cases, delays in justice delivery, and resource constraints, necessitating reforms in case management and court administration.

Access to Justice

Efforts are ongoing to enhance access to justice through legal aid programs, alternative dispute resolution mechanisms, and technological interventions.

Definition and Context

In South Asian languages such as Tamil and Malayalam, "Adalath" directly translates to "court" or "judiciary." It encompasses the entire judicial system, including courts at various levels and their respective functions in dispensing justice according to the laws of the country. Adalath plays a pivotal role in maintaining order, resolving conflicts, and safeguarding the rights of individuals.

Structure and Function

District Courts (Subordinate Courts)

These courts are located in each district and handle both civil and criminal cases within their territorial jurisdiction. They serve as the first instance for litigation.

Sessions Courts

Higher than district courts, sessions courts primarily deal with more serious criminal cases such as murder and rape. They also handle appeals from magistrate courts.

High Courts

Each state has a High Court, which serves as the highest judicial authority within the state's jurisdiction. High Courts have the power of superintendence over all courts and tribunals functioning within their territorial limits.

Supreme Court

At the apex of the judicial system is the Supreme Court of India, located in New Delhi. It hears appeals from High Courts and cases involving substantial questions of law or issues of national importance.

Constitutional Basis

The Indian Constitution, under Articles 124-147, provides for the establishment, powers, and independence of the judiciary. It ensures that courts function autonomously and impartially, free from interference from the executive and legislative branches.

Role in Upholding Justice and Rights

Adalath plays a crucial role in upholding the rule of law, protecting fundamental rights guaranteed under the Constitution (Articles 14-32), and ensuring equality before the law. Courts have the authority to strike down laws that contravene fundamental rights and issue directives for their enforcement.

Challenges and Reforms

Backlog of Cases

One of the significant challenges facing Adalath is the backlog of cases, which leads to delays in justice delivery. Efforts are underway to expedite trials, implement case management systems, and promote alternative dispute resolution mechanisms.

Access to Justice

Ensuring access to justice for all segments of society, including marginalised communities and economically disadvantaged individuals, remains a priority. Legal aid programs and pro bono services are critical in this regard.

Conclusion

In conclusion, "Adalath" represents the judicial system in South Asian languages, embodying the principles of justice, fairness, and the rule of law. It serves as a cornerstone of democratic governance, ensuring that disputes are resolved fairly and rights are protected. Despite challenges, ongoing reforms aim to strengthen Adalath’s efficiency, accessibility, and effectiveness in delivering justice to all.