History of Indian Judiciary

history of indian judiciary

The history of Indian judiciary is a rich and evolving one, spanning centuries of legal developments, colonial influences, and post-independence reforms. Read here to learn the key aspects of the judicial history of India as well as the modernization steps taken.

The History of the Indian Judiciary has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law.

India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization.

Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads, and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists.

Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16 th – 19 th centuries) with the latter giving way to the current common law system.

Table of Contents

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History of Indian Judiciary

The history of the Indian Judiciary and India’s legal system has ancient roots, with historical texts like the Manusmriti and Arthashastra containing legal principles and codes.

During this period, local rulers and kingdoms had their systems of justice, with local courts resolving disputes based on customary law.

Ancient Period

The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in several branches of the Vedic schools.

During the first seven centuries of the Christian era, there evolved several Dharma sastras that dealt extensively with Manu, Yajnavalkya, Narda, Parashara smritis, etc.

In ancient India, the lowest court was the family court starting from the family arbitrator and the judge at the highest pedestal was the king.

Medieval period

In medieval India, the religious leaders endeavored to transform Islam into a religion of law, but as custodians of justice, the rulers made the Sharia, a court subservient to their sovereign power.

Theoretically, the rulers had to be obedient to the Sharia and history speaks about certain cases where sovereigns unresistingly submitted to the Qazi’s decision.

From the 13th century onwards, an officer known as Amir-i- dad presided over the secular Court in the sultan’s absence.

The Muftis were the experts on Sharia law and gave Fatwas (formal legal rulings) on disputes referred to them by members of the public or qazis.

During the Mughals period, the secular judge was known as Mir- adl. He acted as a judge on the emperor’s behalf.

Colonial Era (17th to 20th Century)

The modern judicial system in India has its foundations in the colonial era. The East India Company established courts with European judges applying English law.

Indian High Courts Act of 1861: This act established high courts in Calcutta, Bombay, and Madras. These high courts became the apex courts in their respective regions, hearing appeals and original jurisdiction cases.

Government of India Act, 1919: This act introduced reforms in the judicial system, including the separation of the judiciary from executive control. It also introduced the concept of diarchy, giving limited self-governance to provinces.

Government of India Act, 1935: This act further expanded the powers and responsibilities of the provincial and central legislatures. It established the Federal Court of India as the highest court, with jurisdiction over constitutional matters.

Coding of law also began in earnest with the forming of the first Law Commission.

Culmination of the history of Indian Judiciary: Independence and Formation of the Supreme Court

After India gained independence in 1947, the Constitution of India was adopted in 1950.

The Supreme Court of India was established as the highest court in the country, with the power of judicial review over legislative and executive actions.

In the 1980s, the judiciary expanded its role in social justice by allowing public interest litigation, enabling individuals and organizations to approach the courts to address issues affecting public interest.

Over the years, the Indian judiciary has played a crucial role in interpreting the Constitution and protecting fundamental rights.

The Indian judiciary has undergone various reforms to improve efficiency, accessibility, and accountability.

Modernization of Indian Judiciary

As a part of the National eGovernance Plan, the Government has launched the eCourts Mission Mode Project which is under implementation for ICT development of the District & Sub-ordinate courts in the country based on the “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary”.

In the eCourts Project, the Government has taken the following initiatives to make justice accessible and available for all using technology:

Conclusion

The Indian judiciary continues to face challenges such as a backlog of cases, delays in justice delivery, and the need for judicial reforms.

Efforts are being made to address these issues through technological advancements and systemic changes.

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-Article by Swathi Satish