Where is the Supreme Court of Manipur located

8. Organization of justice

The Indian jurisdiction is different from the substantive law and was designed on the basis of British models. According to the Anglo-Saxon tradition, it has a self-confident understanding of its own position and does not see itself limited to the interpretation of the law, but takes on a formative role for itself, which is emphatically exercised in the direction of secularization, liberalization and harmonization of family law22.

The Indian judiciary has a high reputation for professionalism and independence. Judicial independence is also emphasized in the Union Constitution. This includes, in particular, the provision that a judge in the Supreme Court or a High Court can only be voted out of office with a two-thirds majority in the Union Parliament (Art. 125 Para. 4, 218, 241 Ordinance). However, the Indian courts also have a reputation for exorbitantly long proceedings and poor accessibility for the rural population. The reforms of civil processes sought to alleviate these conditions and aimed in particular at accelerating the process, promoting mediation and settlement, and expanding local jurisdiction in the smallest of cases. Furthermore, the introduction of an evening court system to make better use of the infrastructure has begun.

The language of the courts before the Supreme Court and the High Courts is English (Art 348 of the Constitution), but the lower levels can also be used in the respective regional official language.

The Supreme Court in New Delhi is the highest appellate instance (Art 132 et seq. Constitution) and at the same time the Constitutional Court (Art 32 Constitution) and advisory body of the Union Government (Art 143 Constitution). It is also responsible for disputes between the Union and a Union state or between Union states (Art 131 of the Constitution). Appeals to the Supreme Court are admissible against judgments of high courts if it comes to the interpretation of the constitution (Art 132 Constitution) or a substantive legal question of general importance (Art 133 Constitution) and if the Supreme Court has admitted the appeal (Art 136 ed.). In addition, the Supreme Court can review all judgments and if necessary overturn them by way of cassation (Art 137 of the Constitution).

The second level is formed by the 21 higher courts at the level of the Union states (Art. 214 et seq. Constitution). As a rule, the jurisdiction of a high court corresponds to the territory of a Union state, although there are several high courts with broader districts. The judges of the High Courts, like those of the Supreme Court, are appointed by the President of the Union. You negotiate as a single judge or in small tribunals.

The third level of the court system for civil law is formed by the so-called District Courts and the other sub-courts that are subordinate to them (Art 323B of the Articles of Association). In their respective business district, they correspond to one of the total of around 600 districts (Tehsil or Taluka, English District), the administrative level below the Union states. In addition, special jurisdictions (tribunals) act on the same level as the district courts for a number of issues. However, this does not include matters of nationality and family law. A specific form of the judiciary traditionally exists in the urban centers of Mumbai, Kolkata and Chennai; Here, in civil matters, so-called city civil courts correspond to the district courts; There are also small claims courts for civil matters with a low value in dispute.

Family courts are particularly important for matrimonial and child law. These were created on the basis of the Family Court Act No. 66 of 1984 in large cities with more than 1 million inhabitants as a separate family jurisdiction23. It is mainly responsible for the previous tasks of District Courts. Details have not yet been conclusively clarified. This applies in particular to the question of the extent to which they are allowed to act in family law disputes outside of divorce proceedings. These courts usually act in the first instance in personal and family law matters. Their business district corresponds to that of the corresponding District Court. The establishment of these courts is still at a stage which differs considerably from one state to the other. Due to material bottlenecks, even where such courts exist, the goal of accelerating proceedings could only partially be achieved.

In the local area, a large number of smaller courts that are organizationally assigned to the district courts are active. Details are determined by the respective legislation of the relevant Union state. In civil matters, principal civil judges (depending on the amount in dispute, senior division or junior division) work as entrance courts.

Regardless of the power of the state judiciary to apply Islamic personal law, there is a network of Islamic village courts with kadis (dar-ul-qaza, nizam-e-qaza or hakim-e-shar'a) as judges in areas with a high proportion of Muslims available24. These are not recognized by the state, so their rulings cannot be enforced through state organs, and even after the ruling of such a court, the legal route to ordinary jurisdiction always remains open. Its accessibility and speed can be cited in favor of this jurisdiction, but the obvious dangers of a curtailment of the rights of women and a further decoupling of the Muslim communities from the society around them speak against it. The consensual intervention of such courts is considered to be protected by the constitutionally guaranteed freedom of religion. Accordingly, the model contracts of the Central Committees of Indian Muslims contain the obligation to turn to the Islamic jurisdiction first.

Christian courts are not empowered to make binding decisions under civil law on legally regulated status and family law matters25.

State special courts are active for parseing (Sec 18 ff PMDA) 26.

Kazis (Kadis) are religious officials who are particularly active in Islamic marriages and who certify the marriage contract.