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Part IV Separation of Powers, Ch.19 Judicial Architecture and Capacity

Nick Robinson

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 31 October 2020

This chapter examines the structure of the Indian judiciary, which includes the different types of courts and judges as well as the hierarchies and relations between them. In particular, it considers the appeal and stare decisis, along with the system of internal administrative control through which the Indian judiciary coordinates its behaviour. The discussion begins with an overview of India’s judicial system and the relevant provisions of the Indian Constitution. The chapter then discusses the functioning of the Indian Supreme Court, the High Courts, and subordinate judiciary. It comments on the top-heaviness of the Indian judiciary and its impact on the judicial system’s performance.

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