1.2. Conceptual basis of Indian Judicial System

The Indian Constitution is founded upon the doctrine of separation of powers. As per this doctrine there are three organs viz., Legislature, Judiciary and Executive and all these three organs should discharge their functions independently, none should encroach one upon another. The Judiciary has the task to act as a watchdog and to check whether the executive and the legislature are functioning within their limits under the constitution and not interfering in each other’s functioning. Thus, there are checks and balances in Indian model of separation of powers.

The present Indian Law is largely derived from English common law which was first introduced by the British when they ruled India. Various Acts and Ordinances which were introduced by the British are still in effect today.