Author: Ashish Rawat, Lc1, University of Dehli
To the point
To delve among the laws of india is like bathing in the holy water of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all legal system of contemporary world , and delighted at the hopeful realisation that here in the indian legal system lie the seed of a unified, eclectic legal order which may soon grow into maturity and spread its branches , like a banyan tree, all over south and southeast asia.
History is a record of past event, developments, trends and traditions resulting out of human activity . It the story of mankind. the art and skill of writing history, in other words, it involves the charting of a graph depicting the evolution or progress of mankind in as many spheres as there are human activities as well as the thought processes that create and encourage them, i.e. ideologies we are concerned in the book with the history of government, legal institution , law and society in india. our country has a very long history going into centuries ,
The legal culture of a people at any point involves their very philosophy of life and the concept of justice as one of the most relevant core values. in the case of legal culture there is a very close connection between the three part of a triangle. who made the law , for whom, and with what aim. All this would be reflected in the accounts either specifically or one would have to deduce and interpret them.
studying the development of the common-law system in England will provide insights tostudents in understanding the evolution of legal culture in modern india’s legal history from ancient to the modern, students will find points of comparison and point of difference between the English common law and present day legal culture in india.
To keep at bay the growing demands of indian leader for political rights, the government embarked on the policy of periodic reforms, these refoms did not satisfy nation ambitions was clear. It led to the chain of the legislations in 1892,1909,1919,and 1935 that brought the reforms to the their logical conclusion
Legal jargon
Adversarial system: A system of judicial administration inwhich decision is based on available evidence and procedural law.Sometimes truth becomes a casualty ofthe system.
Act: law passed by the legislature.
Discretion: In legal terms, use ofone’s own concept ofwhat is right,by a judge,in the absence of relevant law.
The proof
1. Adalat system
2. Admiralty court
3. Legal institutions
Abstract
Wehave seen the nature of legal institutions in the pre-colonial period. There was a parsllel system of state court and popular or poeple’s courts. with the introduction of muslim rule in the middle ages a third system of court was introduced , like Qazi’s court implementing Islamic law. with colonial rule till the middle of the 19th century we still find parallel courts, that is the supreme court established by royal charter and the adalats instituted by the company. In the second half of the 19th century almost a unified system of courts was established. We have inherited this system. Well over 79year of independence it is time to take look at the structure of adjudicating bodies in the 21st century. These dispute resolving institutions have a very wide range. The courts on the one hand and the lok adalats on the other flank a large number of special courts, trbunals, arbitrators and quasijudicial authorities..
Case laws
Same popular landmark case
A.K. Gopalan vs. The state of madras,1950 Preventive detention case releated procedure established by law articale 21,22 impact of judgement: supreme court has taken a narrow (restrictive )interpretation of article 21 supreme court adopted word “textualist approach” and expression ‘procedure established by law
S.R. Bommai vs. Union of india ,1994 president’s rule article 356 It upheld the constitutional validity of the impostition of president’s rule. Impact of judgement place a check on the arbitrary exaercise of power under Article 356b by centre for the purpose of imposing president’s rule in the states.
Conclusion
India would achieve singificant progress in every field and would provide guidance and inspiration to other countries, He aslo stressed that india’s influence had been increasing in southeast Asia and west Asia. an Indin civil code is adopted soon it may tend to guide and inspire legislators in the neghbouring states. what the napoleonic code has done for continental Europe ,the americas and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and southeast asia.
FAQS
1. Why do weneedlegal system ?
A legal system to maintain social order , resolve disputes fairly and protect individual right
Q2. What are the mojor problems facing the indian legal system?
The major problem facing the indian legal syatem is the massive backlog of tens of millions of pending cases that leads to severe delays in delivering justice
