THE INDIAN JUDICIAL SYSTEM
Courts Structure:
Each District has a District Court and each State a High Court. The Supreme Court of India is the
The Judiciary:
The Indian judiciary has a reputation of being independent and non-partisan. Judges are not appointed on political considerations. They enjoy a high standing in society. The Bar:
Foreign lawyers are not permitted to appear in Courts (unless qualified), though they can appear in arbitrations.
Practice and Procedure:
The influence of the British Judicial System continues in significant aspects. The official language for Court proceedings in the High Court & the Supreme Court is English. Lawyers don a gown and a band as part of their uniform and Judges are addressed as “My Lord”. The procedural law of the land as well as most commercial and corporate laws are modeled on English laws. English case law is often referred to and relied upon both by lawyers and judges. As in
There is a great tradition and emphasis on oral arguments. Counsels are seldom restrained in oral arguments and complex hearings may well take days of arguments to conclude.
Specialisation is relatively a new phenomenon. Most lawyers have a wide-ranging practice.
Arbitration:
In 1996, arbitration got an impetus with the enactment of the Arbitration and Conciliation Act. This is based on the UNCITRAL Model Rules. The earlier enactment of 1940 was widely considered ineffective. With the enactment of the new law, arbitration has gained in popularity and is fast becoming the preferred route for settlement of commercial disputes.The Indian Council of Arbitration, promoted by the Ministry of Commerce is a leading Institute for administration of arbitrations. However, due to its low payment scales for arbitrators, it is not suitable for large international arbitrations.
Nicely done.....you should work on uploading some pictures in ur blog...would make it more interesting.
ReplyDeletethanku u for appreciatin nitin......
ReplyDeleteVery nicely presented... u can add bullets or highlight points... it will look good n more interesting.
ReplyDeletethanks for ur valuable suggestion nisha.....
ReplyDelete