Appeal In High Court & Supreme Court

The courts conduct lakhs of criminal trials in a year and hear more than lakhs substantive civil cases between individuals or between individuals and the Government. The disputes resolved by the courts touch virtually all aspects of life in New Delhi.

Delhi Courts have a wide variety of functions. They include resolving civil disputes and enforcing the criminal law amongst citizens, upholding the rights of the individual, ensuring that government agencies stay within the law, and explaining the law.

The courts are one of the three branches of government, working alongside but independently of the Legislature (Parliament) and the Executive (Cabinet and Ministers outside Cabinet plus government departments).

Courts are an independent branch of government there are constitutional principles on which the relationship between the judiciary and the Ministry of Justice are maintained. Under 'the rule of law', Government and citizens (and other individuals) are bound by the law and all are accountable under the law. The decisions of the courts themselves similarly must be lawful and can be appealed or reviewed by higher courts for error.

An aspect of the rule of law is access to courts that are independent and impartial. Independence of the Judiciary exists to ensure that the individual judge sitting is subject only to law.

Just as the Judiciary is independent from the other branches of Government, so each judge is independent from all other judges. Judges are therefore free to make their decisions without direction from any other judge, in the same way that they cannot be influenced in their decisions by the other branches of government or any other kind of pressure.

The law and the facts of the case or not something else can only properly influence a judge. In this way, decisions are impartial, fair, and decided according to established legal principles.

There are two main sources of law: statutes (the laws passed by Parliament) and 'the common law'. Common law has been developed by judges over the centuries, and may be amended and developed by the courts to meet changing circumstances. Parliament may repeal, modify, or develop the common law by statute.

The courts do not declare laws passed by Parliament to be invalid. While the courts must apply statutes, they may first need to interpret what they mean. Parliament sometimes disagrees with the courts' interpretation of a statute, and in those circumstances, it may amend the legislation to make its meaning clearer.

There are other important legal principles applied by the courts including the principle that everyone is equal before the law. This means that the law is applied 'without fear or favour'. It is a basic requirement of any system of justice that the courts must be seen to be impartial and fair.

The courts are generally open to the public so that the public can observe the delivery of justice. Subject to specific statutory exceptions, members of the public and the news media have the right to attend court hearings. This is referred to as the principle of 'open justice'. Open process maintains public confidence in the justice system.

Independent, fair and efficient courts are an important corner stone in our democracy. Courts underpin social stability. They give confidence that our rights as citizens can be upheld; that our differences and conflicts can be resolved through law; that those who interfere with our rights can be held to account; that our society can be protected from lawbreakers; and that the State can be required always to act lawfully.

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