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Discuss the development of the judicial system in India under British rule. How did the evolution of courts and legal frameworks during the colonial period shape the current judicial structure of India? Highlight the key reforms and their impact on the Indian judiciary.
(250 words)
The Indian judiciary underwent significant evolution during British rule, shaping the country’s legal system and leaving a lasting impact.
*Pre-British Era (1757-1772)*
1. Traditional Indian law (Dharmaśāstra, Shariat)
2. Local courts (Panchayats, Qazis)
*British Era (1772-1947)*
1. Establishment of Supreme Courts (1774) in Madras, Bombay, and Calcutta
2. Warren Hastings’ Plan (1772): Introduced English law and courts
3. Regulation VII of 1781: Established District Courts
4. Indian High Courts Act (1861): Created High Courts
5. Indian Councils Act (1861): Introduced legislative councils
6. Government of India Act (1935): Established Federal Court
*Key Reforms and Legislation*
1. Charter Act (1833): Abolished East India Company’s judicial powers
2. Indian Evidence Act (1872)
3. Code of Civil Procedure (1908)
4. Indian Penal Code (1860)
5. Criminal Procedure Code (1898)
*Lasting Impact*
1. *Independent Judiciary*: Established principle of judicial independence
2. *Rule of Law*: Introduced concept of rule of law and due process
3. *Common Law System*: Adopted English common law system
4. *Codification of Laws*: Standardized laws through codes and acts
5. *Judicial Review*: Established power of judicial review
6. *Protection of Fundamental Rights*: Laid foundation for protection of individual rights
*Post-Independence Developments*
1. Constitution of India (1950): Enshrined judicial independence and rule of law
2. Supreme Court of India (1950): Established as apex court
3. High Courts: Strengthened and expanded
4. Judicial Activism: Increased focus on social justice and human rights
5. Public Interest Litigation (PIL): Enabled citizens to approach courts for public grievances
*Challenges and Opportunities*
1. *Backlog and Delay*: Addressing pending cases and delays
2. *Access to Justice*: Improving access for marginalized communities
3. *Judicial Reforms*: Implementing reforms for efficiency and effectiveness
4. *Technology Integration*: Leveraging technology for improved justice delivery
5. *Strengthening Judicial Independence*: Protecting judiciary from external influences
The judicial system in India underwent significant development under British rule. The British established a hierarchical court structure with the Supreme Court at the apex followed by High Courts, District Courts and lower courts. This structure remains largely intact today.
Key reforms and their impact –
The evolution of courts and legal frameworks during the colonial period shaped the current judicial structure of India in several ways –
These reforms and the overall development of the judicial system under British rule have had a lasting impact on the Indian judiciary shaping its structure, laws and procedures.