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PYQ 1200 Q/A Part - 1
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Kerala PSC India Year Book Study Materials Page 328
Book's First Pagestate or union territory legislatures concerned. Judicial decisions of superior courts like Supreme Court and High Courts are important sources of law. Decisions of the Supreme Court are binding on all courts within the territory of India. Local customs and conventions which are not against statute, morality, etc., are also recognised and taken into account by courts while administering justice in certain spheres. Enactment of Law The Parliament is competent to make laws on matters enumerated in the Union List. State legislatures are competent to make laws on matters enumerated in the State List. Parliament alone has power to make laws on matters not included in the State List or Concurrent List. On matters enumerated in the Concurrent List, laws can be made by both Parliament and the state legislature. But in the event of repugnancy, law made by Parliament shall prevail over law made by state legislature, to the extent of repugnancy, be void unless the latter law having been reserved for consideration of President, has received his assent and in that event shall prevail in that state.India_2019_AMAZON: E published on AMAZON Judiciary At the apex of the entire judicial system exists the Supreme Court of India with a High Court for each state or group of states and under the High Courts there is a hierarchy of subordinate courts. Panchayat Courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachehri, etc., to decide civil and criminal disputes of petty and local nature. Different state laws provide for jurisdiction of these courts. The highest court in each district is that of District and Sessions Judge. This district court is the principal court of civil jurisdiction and can try all offences including those punishable with death. He is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as Munsifs, Sub-Judges, Civil Judges and the like. Similarly, criminal courts comprise Chief Judicial Magistrate and Judicial Magistrate of First and Second class. Supreme Court During the British regime, the King in Council, or Privy Council as it was generally called, was the highest forum to entertain appeals from the judgements and orders passed by the courts in India. On enactment of the Judicial Committee Act, 1833, it came to be called the Judicial Committee of Privy Council. The decisions of the Judicial Committee used to be couched in advisory form, though, in practice, the Crown always accepted its advice, and it was unthinkable that its report will not be given effect to. The Privy Council acted as a channel, through which English concepts came to be assimilated with Indian laws. It served as a bridge between the Indian and the English legal system, over which legal ideas travelled from England to India. It was through this body, that the common law of England was introduced in India under the British regime, as the base of its legal system. During its career as the highest court of appeals from India for the period of about 200 years, Privy Council rendered over 2,500 judgements, and till today these judgements constitute the fountain-source of law on many points in India. However, there was a rising demand for establishment of Supreme Court in India, since it was felt that appeal to the Privy Council was very costly and beyond the means of common man. More important was the reason that it detracted from the self respect of the Indian people.