Table of Contents

Judicial methods encompass the processes and procedures used by courts to resolve legal disputes, including adversarial and inquisitorial systems, judicial review, and alternative dispute resolution methods like mediation and arbitration.

Judicial Process Models

  1. Adversarial system

This system, commonly used in India, involves two opposing parties presenting their cases to an impartial judge, who then makes a decision based on the evidence and arguments presented.

The key aim of the adversary system is to ensure fairness between both the Defence and the Prosecution throughout the trial process.

  1. Inquisitorial system

The inquisitorial system is characterised by the active role of the judge, who takes charge of the investigation, gathers evidence, and questions witnesses. The judge leads the trial and has considerable discretion over the proceedings. This system is based on the idea that the court, rather than the parties, should be responsible for discovering the truth.

  1. Hybrid Legal System

This is the one where the legal system is influenced by both civil and/or common law system, and/or also influenced by customary and/or religious legal system.

Key Judicial Methods and Concepts

  1. Judicial Review

Judicial review is the exercise of power by superior courts to test the legality of any governmental/ State action. It is the exertion of the Court's inherent power to determine whether an action is lawful or not and to grant appropriate relief.

  1. Judicial Activism

Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society.

In India, the Supreme Court and the High courts are vested with the power to examine the constitutionality of any law, and if such a law is found to be inconsistent with the provisions of the constitution, the court can declare the law as unconstitutional. 

It refers to the court’s power to invalidate legislative or executive actions, if not in line with the societal norms.

  1. Judicial Interpretation

This involves judges understanding and applying the meaning of laws to specific cases, shaping the development of legal principles.

  1. Precedent

Past court decisions serve as precedents, meaning that future cases with similar facts should be decided in a similar way.

  1. Alternative Dispute Resolution

Alternative dispute resolution (ADR) is the term used to describe ways of resolving a dispute without having to go to court.

ADR comprises of following methods:

  1. Mediation - Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions.
  2. Arbitration - Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. The third party, which is neutral, renders the decision in the form of an ‘Arbitration Award’.
  3. Conciliation - Conciliation is an option out-of-court dispute resolution instrument whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. A neutral Conciliator assists each of the parties to independently develop a list of all of their objectives and reach a settlement, the terms of which are mutually acceptable. The decision is not binding.

Hierarchy of Courts in India

The judicial structure in India is as follows:

  1. Supreme Court - The highest court in India, its decisions are binding on all other courts and tribunals.
  2. High Courts - State-level courts with broad jurisdiction, including the power to issue writs.
  3. District Courts - The first level of adjudication for most cases, presided over by Judicial Magistrates and Sessions Judges.
  4. Subordinate Courts - Courts below the district courts.