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Judiciary of India

Courtesy/By: Nandini Singh | 2020-05-31 21:41     Views : 294

The judiciary is that the system of courts that interprets and applies the law. The role of the court system is to make a decision cases, including the determination of the relevant facts, then the determination of the relevant law and also the application of the relevant facts to the relevant law. The Indian Judiciary administers a typical law system within which customs, securities and legislation, all codify the law of the land. it's after all, inherited the legacy of the system established by the then colonial powers and also the princely states since the mid-19th century, and has partly retained characteristics of practices from the ancient, and medieval times.

The Supreme Court of India, also called the Apex Court is that the top and also the magistrate of India is that the top authority & last court of appeals in India followed by state supreme courts as top judicial authority in states controlled and managed by magistrate of States with similar power as of SC at some extent and last is District Courts also called subordinate court controlled and managed by District & Session Judge under the complete supervision and direction of High Court. The Subordinate court further classified into two- Civil Court within which Sub-Judge is that the head followed by Munsif at lower, another is judicature functioned by Chief Judicial/ Metropolitan Magistrate at top assisted by ACJM /ACMM & JM/MM at lower level.

Another court is executive & revenue court which are managed and controlled by government through District Magistrate & Commissioner respectively. Although the chief courts aren't the a part of judiciary, but various provision & judgement empower state supreme court & Session Judges to examine or direct the working of executive courts.

The Ministry of Law & Justice at the Union level answerable for the raising issues before parliament and to pander to the priority issue for correct function of the judiciary. The Ministry of Law & Justice have complete jurisdiction to pander to the problems of any courts of India i.e., from SC to Subordinate & Executive Courts. It also deals with the appointment of Judges of HC & SC. At the state level, the law departments of states deals with & address the problems of state supreme court & Subordinate Court of their respective states before the Legislative Department and if require then Ministry of Law & Justice similarly.

 Online dispute resolution

Online dispute resolution (ODR) may be a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a mix of all three. during this respect it's often seen as being the net equivalent of other dispute resolution (ADR). However, ODR may augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the method.

ODR may be a wide field, which can be applied to a spread of disputes; from interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. it's believed that efficient mechanisms to resolve online disputes will impact within the development of e-commerce. While the applying of ODR isn't limited to disputes arising out of business to consumer (B2C) online transactions, it seems to be particularly apt for these disputes, since it's logical to use the identical medium (the internet) for the resolution of e-commerce disputes when parties are frequently located removed from each other.Dispute resolution techniques range from methods where parties have full control of the procedure, to methods where a 3rd party is au fate of both the method and also the outcome. These primary methods of resolving disputes could also be complemented with Information and Communication Technology (ICT). When the method is conducted mainly online it's observed as ODR, i.e. to hold out most of the dispute resolution procedure online, including the initial filing, the neutral appointment, evidentiary processes, oral hearings if needed, online discussions, and even the rendering of binding settlements. Thus, ODR may be a different medium to resolve disputes, from commencing to end, respecting due process of law principles.

Courtesy/By: Nandini Singh | 2020-05-31 21:41