The Indian judiciary has a complex and dynamic history that includes centuries of legal advances, post-independence changes and colonial influences. The history of the Indian judiciary has progressed from religious prescription to the current constitutional and legal system, which has included secular legal systems and common law.
India has a known legal history dating back to the Vedic eras, and a civil law system may have existed throughout the Indus Valley civilization and Bronze Age.
Law as a subject of religious prescriptions and philosophical debate has a rich history in India. It sprang from the Vedas, the Upanishads, and other holy books, and was fertile ground for practitioners of many Hindu intellectual schools, as well as Jains and Buddhists.
Excellent secular court systems were established by the Mauryas (321-185 BCE) and the Mughals (16th - 19th centuries), with the latter giving birth to the modern common law system.
History of Indian Judiciary
The history of the Indian judiciary and legal system may be traced back to ancient works such as the Manusmriti and Arthashastra, which included legal ideas and regulations.
During this time, local kings and kingdoms had their own systems of justice, with local courts settling conflicts using customary law.
Ancient Period
In ancient India, the notion of Dharma or law was inspired by the Vedas, which included rules of behavior and ceremonies and were codified into Dharma Sutras, which were practiced in many branches of the Vedic schools. Several Dharma sastras emerged throughout the first seven centuries of the Christian period, including those dealing extensively with Manu, Yajnavalkya, Narda, and Parashara smritis, among others.
- During the Vedic time, village panchayats resolved small conflicts.
- During the Mauryan period, Chandragupta Maurya built a systematic judicial system with Dharma Mahamatyas resolving conflicts using Dharma Shastras.
- In the Mauryan Empire, Chandragupta Maurya developed a systematic judiciary overseen by Dharma Mahamatyas.
- During the Gupta dynasty, village panchayats resolved local conflicts, while royal courts handled severe crimes and civil cases.
Medieval period
In medieval India, religious authorities attempted to convert Islam into a religion of law,
but as caretakers of justice, the kings subordinated the Sharia, a court, to their sovereign
power.
In theory, monarchs were required to be submissive to Sharia, and history
records instances in which sovereigns unquestioningly accepted the Qazi's ruling.
- Each provincial capital and significant town had a Qazi
- Qazis conducted trials in front of the parties and required meticulous legal documentation
- The King was the highest court of appeals. The rulers sat in a court called Mazalim (complaints)
- According to Ibn Battuta, Muhammad bin Tughalaq, monarch of the Tughalaq dynasty, heard complaints on Mondays and Thursdays.
In the 13th century, an officer named Amir-i-dad presided over the secular Court during the sultan's absence.
- He was also in charge of carrying out Qazis' rulings and calling attention to situations involving miscarriages of justice.
The Muftis were Sharia law specialists who issued Fatwas (formal legal decisions) on issues brought to them by members of the public called qazis.
- The Chief Judge of the sultanate was known as the qazi –i- mamalik also known as the qazi- ul- quzat.
During the Mughal era, the secular judge was known as Mir-adl. He served as a judge on the emperor's behalf.
- He had to conduct unbiased and personal inquiry. He was also in charge of executing Qazi's directives.
- Emperor Akbar appointed two officers, known as tui-begis, to oversee legal compliance and set a minimal charge for their services.
- The same approach was continued till the British took over authority in India.
Colonial Era (17th to 20th Century)
The contemporary judicial system in India has its roots in the colonial period. The East India Company created courts with European judges who followed English law.
- The British founded the Sadar Diwani Adalat and brought common law to India. They were succeeded by the institution of high courts.
- The Regulating Act of 1773 by the King of England established the Supreme Court of Judicature in Calcutta.
- King George III established the Supreme Courts in Bombay and Madras on December 26, 1800 and December 8, 1823, respectively.
- In 1862, the Calcutta High Court established a formal legal structure, abolishing Supreme Courts in Calcutta, Madras, and Bombay, as well as Sadar Adalats in Presidency cities.
Indian High Courts Act of 1861: The legislation created high courts in Bombay, Calcutta, and Madras. These high courts rose to prominence in their respective regions, handling appeals as well as original jurisdiction matters.
Government of India Act, 1919: This legislation implemented judicial reforms, notably the separation of the judiciary from governmental power. It also established the notion of diarchy, which allowed provinces to exercise limited self-government.
Government of India Act, 1935: This statute broadened the powers and duties of the provincial and national parliament. It created the Federal Court of India as the Supreme Court, with authority over constitutional issues.
Post-Independence
Following India's independence in 1947, the Constitution of India was established in 1950. The Constitution established the framework for an independent judiciary, with the Supreme Court at its top.
Over time, the Indian court has played an important role in interpreting the Constitution and safeguarding basic rights. Since then, the judiciary has delivered landmark decisions that have transformed India's social, economic, and political environment. The Indian judiciary has undergone several changes to promote efficiency, accessibility, and accountability.
Modernization of Indian Judiciary
The Indian legal system has been revolutionized with the use of technology, such as e-courts, virtual courts, and other digital alternatives. These efforts aim to improve the judicial system's accessibility, efficiency, and transparency.
E-Courts Mission Mode Project
- This project modernizes the judicial system through ICT efforts such as court computerization, video conferencing, and e-Sewa Kendras. The initiative is cooperation between the Department of Justice and the Supreme Court of India's e-Committee.
Virtual courts
- Virtual court systems enable remote hearings via videoconferencing, providing convenient access to justice without travelling for long.
Other initiatives
- National Judicial Data Grid (NJDG) and e-Sewa Kendras
Virtual Justice Clock: Displays crucial information about the justice system, including case facts, pendency, and disposition.
Fast Track Courts were established to deal with serious crimes and instances affecting vulnerable populations.
Conclusion
The Indian judiciary's history is a enthralling combination of ancient traditions, medieval accomplishments, and modern developments. From the Dharma-based concepts of the Vedic era to the systematic legal institutions built throughout the Mauryan, Mughal, and colonial periods, the growth of justice in India has been influenced by a variety of factors. Following independence, the court evolved as a strong foundation of democracy, upholding constitutional norms and fundamental rights. Modernization measures, such as the deployment of e-courts and digital initiatives, reflect a commitment to improving the accessibility, efficiency, and transparency of justice delivery. As India evolves, the court continues to fulfill its function as a protector of justice, equity, and the rule of law, adjusting to society's changing requirements while upholding its historical history.