INDIAN JUDICIAL SYSTEM:
The study of legal history of judicial system consists of the chronological
development and growth of a legal system. it is an analysis of the system of judicial
administration prevailing a particular country in its historical perspective.
The efficacy of judicial system by and large depends upon two major considerations:
1. The existence of a definite hierarchy of courts which follow a simple
procedure
2. A well-defined system of law which are uniformly applicable throughoutz
the country
Courts and laws are 2 very important instruments of justice, execution of good laws lead
to impartiality in administration of justice.
PRE BRITISH ERA
Does it mean that there was no judicial system as such, prior to this period?
The legal and judicial history of India is as old as 5000 years from now
Dharmasastras which contain elaborate laws on different aspects of human conduct.
Law as part of religion. Sanctions for non-observance of theselaws.
Hindu period: a well organised system of laws and courts is known to have existed for
the administration of civil, criminal and revenue justice during the period of Hindu rulers,
notably, King Ashok, Chandra Gupta Mourya, Harashvardhan, Kanishka etc
Muslim Period: Muslim rulers introduced their own laws for judicial administration
within their territories
Before arrival of British East India Company: were haphazard
and had no consistency whatsoever because they mainly depended on the whims and
fancies of the rulers who had their own notions of justice which radically differed from
one-another
These indigenous legal systems fell into oblivion with the strengthening of the grip of
British rule in India in the 17th century
The development of Indian Judicial System or legal history of India during the British
Era can be conveniently traced through the following phases
1. First Phase
Anglo-India era when the judicial system was at its primitive stage.
Establishment of first settlement at Surat (important trading centre)
Bombay and Madras
administration of these settlements, they improvised an elementary
judicial system whereby they settled their mutual disputes inter-se.
the administration of law and justice was entrusted to non-legal and
non-professional Englishmen belonging to the trading company
required to decide cases as per English law in discharging their judicial
functions but in practice used common sense and their notions of
justice.
Executive was the supreme a
dministrative authority. judiciary subordinate to executive
Continued for 150 years
2. Second Phase
Commences from the establishment of the Supreme Court of
Judicature at Fort William (Calcutta) under the Regulating Act,
1773. Landmark in the development of legal institutions in India.
professional English judges who were well versed in law and legal
practice
English Bar to assist the Court in the administration of justice.
Court was modelled on the pattern of the Court of Westminster of
England.
Independence of judiciary from the legislature and the executive
concept of judicial control of administrative actions. was introduced
frequent clashes between the supreme court and the supreme council
through the Settlement Act of 1781 the council was made independent
of the jurisdiction of the supreme court
3. Third Phase:
begins when the Company itself took up the administration of
justice in Bengal by introducing the ‘Adalat System’ in the
mofussil’s.
initially the adalats were manned by the British executive civil
servants of the company who had no legal training.,
primarily executive office considered judicial work as their
secondary functions of lesser importance
in course of time there was separation of the judicial functions
from the executive in civil matters while the administration of
criminal justice still remained with the executive official called
the Collector.
Significant role of collector magistrate
4. Fourth Phase
the unification of dual system of courts prevailing in the
Presidency towns and mofussil areas into a single one with
the establishment of High Courts under the High Courts Act
of 1861
Establishment of High Courts under the High Courts Act of
1861
judicial system of Presidency town : British Charaacter
Mofussil territories had ADALAT SYSTEM based on
indigenous Muslim and Hindu Law
The establishment of the High Court by abolishing the
Supreme Court and Sadar Adalats (Supreme Court of
Revenue in British India established
at Calcutta by Warren Hastings in 177) of Presidency
Towns was an attempt to simplify the judicial system.
Therefore, as rightly suggested by Dr. M. P. Jain, “these
High Courts may rightly be considered as the precursor of
the modern system of law and justice in India
5. Fifth Phase
emergence of the ‘Privy Council’ as the highest Court of
appeal from India. It stimulated proper development of laws
in India on a uniform pattern and also motivated the courts
to apply high judicial standards in discharging their
functions as dispensers of justice.
Setup of first law commission in 1833. 14th Aug. 1833 first
privy council. It starter the codification of Indian Laws to
ensure uniformity and clarity in administration of justice.
2nd and 3rd law commissions codified the major laws of
India.
codified code of civil procedure 1908,Law relating to
Marriage and Divorce amongst Christians in
India.1960,Official Trustees Act, 1913.
British privy council is in existence. 748 members
abolished in 1949 through abolition of privy council
jurisdiction
6. Sixth Phase
Government of India Act of 1935 set up the Federal Court of
India to act as an intermediate Appellant Court between
High Courts and the ‘Privy Council’
. It was not to ‘pronounce any judgment other than a
declaratory judgment’ which meant that it could declare what
the law was but did not have authority to the exact compliance
with its decisions. The Federal Court’s power of ‘judicial
review’ was largely a paper work and therefore, a body with
very limited power.
POST INDEPENDENCE ERA:
the Federal Court continued to function till 26th January 1950,
