Court Proceeding and Judicial Functioning

Introduction:

Judiciary is the third organ of government and regarded as the guardian of the Indian Constitution. Constitution provides the judiciary with the power to deliver judgement in any dispute based on “Rule of Law”. From the government point of view, it is one of the important organs as it protects the citizen against the excesses of power used by legislature and executive because it is not controlled by either of them and act as Independent body. There are mainly three types of courts in India, these are:

• District Court: It has jurisdiction over matters at the district level.
• High Court: Jurisdiction over matters at the state level in which it is situated.
• Supreme Court: Original, appellate and advisory jurisdiction in dispute between centre and states or between states. Article 141 of the Indian constitution states that all courts in India are bound to follow the decision as “Rule of Law” made by Supreme Court.  

A court proceeding is considered to be an activity which invokes the power of court and tribunal to enforce the law. It is a process in which one party or their representative unveils the evidence to support their claim and interpret the law to argue, based on which judge and other party or their representative determine the factual or legal issue. Both civil and criminal cases have different court proceeding and the proceedings are initiated in different courts. 

A Court Proceeding in Civil Trials 

Code of Civil Procedure, 1908 (C.P.C) governed the procedure for a criminal trial in India Civil matters are initiated by filing a plaint (written complaint). The plaintiff or their advocate files plaint against the defendant before Chief Ministerial Officer by paying appropriate court fee, a different type of document require a different amount of court fee.

After hearing issues, if the court is satisfied it will issue a notice to submit their argument to the opposite party and fix a date. In meantime the plaintiff is needed to deposit requisite amount of procedure fee, two copies of the plaint which has to be sent to defendant within 7 days from the date of order of notice, in which one copy via speed post/courier and other via ordinary post. Within 30 days from the date mention in the notice, the defendant has to appear and record his statement in writing it can be extended till 90 days after taking permission from the court. The defendant in the written statement must deny the entire allegation which is untrue and verify that everything which he had mentioned is true to his knowledge. 

Plaintiff will replicate the written statement and deny the allegation made by the defendant, allegations which are not denied by the plaintiff are said to be accepted, herein pleading is said to be completed. After this, both the parties are given opportunities to produce and file the documents to substantiate their claims. Documents which are filled must be in its original form and their copies shall be given to opposite parties. Based on facts or law court will frame issues, arguments and after that examination shall take place based on these issues only. Within 15 days from the date which issues are framed both the parties have to submit the list of witnesses, the court can issue the summon in the named witness to present for examination after the diet money has been deposited by the party who asked the court to issue summon or the party can himself call the witnesses for examination. After examination and cross-examination are over by both the party the court will fix the date of the final hearing. After dealing the issue separately the court will issue its final order in a certified copy which will contain seal and stamp of court. After this, the party in whose favour the judgement has not been delivered can appeal to higher courts.

A Court Proceeding in a Criminal Trial

Code of Criminal Procedure, 1973 (Cr.P.C) governed the procedure for a criminal trial in India. According to Cr.P.C, there are three types of criminal trial in India warrant case, summon trial and summary trial. Parties involved in a criminal trial are prosecution and defendant. A party who accuses the other of committing an offence is prosecution and the party who is charged with such offence is the defendant. A police officer can arrest accuse in a cognizable offence without a warrant as it is mentioned in section 2(c) of Cr.P.C, after the arrest the police file the FIR. In criminal cases, the arrest of the accused is considered as part of the investigation. But in the non-cognizable offence, the warrant is necessary for arresting a person.

Within 24 hours of arrest, accused must be brought before the magistrate for an initial appearance. All the information of the defendant is taken in writing and all the rights of the defendant are informed to him by the judge, if the defendant doesn’t have an attorney then the judge appoint one for him during the initial appearance. A preliminary hearing is held after an initial appearance in which the judge hears the testimony from both the party. If there is enough evidence against the defendant which led the judge believes that the defendant might have committed the crime then the defendant is held for trial.

Before trial, if the defendant enter plea of guilty the judge will set the date to give punishment but if the defendant doesn’t plead guilty then the judge will fix the date for trial. In the trial, the prosecuting attorney will give the opening statement and then after the defence attorney gives his statement. Both parties will examine the witness and physical evidence. The defendant is innocent until he is proven guilty beyond a reasonable doubt. In criminal cases, it is the prosecuting attorney who has to prove beyond a reasonable doubt with the help of witnesses and physical evidence that the defendant had committed the crime. If the prosecuting attorney fails to prove that the defendant had committed the crime then the defence attorney asks the judge for acquittal. The closing statement is made by both the party before the judge gives his sentence or acquittal.

Functions of Judiciary

• Responsible for providing justice: Primary function of the judiciary is to provide justice to the person who approaches it, and award punishment and acquittal based on the rule of law. Judiciary is a branch of government which administer justice according to law. Performs the role of arbitrator in the federal system, if there is a dispute between states or centre and states as it is an independent body.
• Interpret and apply laws: In the course of deciding the disputes courts interpret and apply the law. While interpreting the statute, the court uses legal principle which is known as the presumption of constitutionality. To apply in specific cases every law needs to be interpreted. It also has the power to get its decision and judgement enforced.
• Lawmaking: Role of rulemaking is not only performed by the legislature but judiciary also performs this role. Legislature makes laws but its nature, scope, applicability, the meaning is determined by the court while deciding a dispute. Moreover, a judgement made by the Supreme Court is binding upon the lower courts. Where the law is inconsistent with the law of other land or is ambiguous or silent on any provision, the Indian court follows the rule of justice, equity and good conscience. 
• Guardian of the constitution: Constitution is the supreme law of India and judiciary is responsible for protecting and interpreting it. Safeguarding the rights of the citizen is considered as the duty of judiciary. It can conduct a judicial review if it found that any law is an ultra virus, and declare those laws as null and void. 
• Judicial administration: The judiciary is independent of both legislature and executive and act as a separate and independent organ. It has its organisation and officials, frame its own rules and enforce them. Recruit magistrates and other officers in court. Often judges constitute as the member of a head inquiry commission to inquire the error or commission on part of any public servant or government.
• Miscellaneous function: Apart from major functions there are certain miscellaneous functions of judiciary such as Cases relating to grant of licenses, patents, and copyrights, recruit public servants, clerks or other officials, guardians and trustees, the admission of wills, to appoint trustees to look after the property of the minors, to settle the issues of successions of property and rights, issue of administrating the estates of deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce cases, give an advisory opinion to the president in any legal matters.

Conclusion

In an organisation of state judiciary is one of an integral part, it protects citizens from those liberty privileges and rights which the state itself confer upon its citizen. Anyone can approach the court in violation of any right conferred to them by any statutes. Court proceeding commenced to hear and decide a dispute by a judge during the trial. Both civil and criminal disputes have different proceedings in different courts.