Jurisdiction

India

Common law system governed by a written, supreme Constitution

Overview

India operates a common law system governed by a written and supreme Constitution adopted in 1950. The Constitution guarantees justiciable fundamental rights, distributes power between the Union and the States, and expressly empowers the courts to review legislative and executive action for constitutional conformity. Under the basic structure doctrine, even constitutional amendments may be set aside if they damage the Constitution's essential features. Writ jurisdiction under Articles 32 and 226, together with a broad practice of public interest litigation, gives individuals direct access to the higher judiciary. The Supreme Court of India sits at the apex, above the High Courts of the States and the subordinate district judiciary, and its constitutional jurisprudence is frequently cited across the common law world.

The archive currently holds 15 judgments catalogued under India, spanning 28 areas of law.

Court structure

  1. Supreme Court of India
  2. High Courts of the States
  3. District and Sessions Courts
  4. Subordinate civil and criminal courts

Landmark cases

Timeline