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Indian
judiciary system is not a sudden development. It is not a creation of one man
or two men or one day or two days. It is evolved from slow and gradual changes
that takes place in judicial system. Indian judiciary is the oldest judiciary
system in world. No other judicial system is as older as Indian judicial system.
Indian judiciary has found its origin from ancient times, Manu, Brihaspati, and
kautilya gives manusmriti, dharmasastras and arhasastra. Study of this
books  reveals the administrative and
justice system present in ancient India. At that time judicial system was tied
with religion it was based on varna system. Ancient meaning of justice is
‘dharma’ and dharma means ‘nyaya’, it is linked with moral values, helping
peoples, giving charities etc all were considered as dharma. Nothing is higher
than dharma so dharma is real thuth. The ancient aryans faced social, economic
and political problems like britishers faced in the medival period so aryans
developed a judicial system. This system is based on hierarchy with chief
justice (Praadvivaka) being the head of the system. Like
today, the higher courts have the power to review the decision of its
subordinates. The law of evidence was quite same like today. The disputes were
decided on the basis of natural justice and this natural justice was dharma.  Caste panchayts decides the issues on local
level they decide according to the religious rituals and customs prevailing at
that time. Most of the kings deliver justice according to ‘dharma’ which is
decided from religious text. Power of king to make new laws and regulations is also
based on the religious texts and rituals present at that time. Customary laws
were prevalent at that time but the king’s represented himself as the
representative of god therefore he is the sole judge in the earth. The dictum
‘king do no wrong’ was applied at that time. Then some of the development takes
place during medieval period one of them was completion of civil procedure code
by tughlaqs.

With
the advent of britishers in India judiciary had seen a lot of development and
present judiciary is an impact of common law. No judicial system in any country
is immune from outside influence. Judiciary is not a sealed book it grows and develops
from time to time. New laws are needed to fulfill the gaps created by previous
law or for the scope of law. Demand and need of society changes from time to
time like in ancient period beating wife was not an offence it doesn’t amounts
to cruelty while today beating is an severe offence and mere gestures or words
amounts to cruelty so law must be flexible with amendments not rigid.   At
that time India was in control of Britain so it was obvious of Britain’s impact
in judiciary system. The judicial system today we have is a part of then
British government. Four law commissions were constituted between 1834 to 1947
to give shape to the system. Other committees were also constituted between
this period to give suggestions and to form structure of the system.  However the Supreme Court was established in
Calcutta by Regulating Act of 1773. It consists of chief justice and 3 other
judges. Later the supreme court was established at Madras and Bombay. Then the
high court Act of 1861 establishes native courts (sadar dewani or sadar nizamat
adalat) in Calcutta, Madras and Bombay. But the highest court of appeal was
judicial committee of Privy Council. The official language of High Court and
Supreme Court is English which is clearly an impact of britishers. Lawyers address
judges by ‘MY LORD’ , they wear gown and band, a class of lawyers were called
as senior advocates, specialization in one law, this all traditions were
developed by britishers.  The Indian
judiciary and English system found their way when rule of law is introduced by
the judges of Calcutta Supreme Court. The English system Independence of
judiciary which is most important aim of any legal system. Magna Carta is
considered as the mother of many legal systems in the world. English common law
is also established from this. Briish efforts to develop a unified judicial
system in India because they want whole colonial control over India. Therefore
sec 200 of The Government of India Act, 1935 establishes federal court of
India. It is above the high court and below the privacy council in hierarchy.
The power of federal court to review laws and regulations was very limited in
other words the power was only in the paper.

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