The Evolution of the Judiciary in India: From Dharma to Democracy

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The evolution of the judiciary in India is a reflection of its historical, cultural, and political transformation. Rooted in the ancient judicial systems of Vedic times, where Dharma formed the basis of justice, the judiciary evolved through the British colonial era, which introduced codified laws and modern court structures. With the adoption of the Constitution of India, the judiciary became a pillar of democracy, playing a critical role in safeguarding rights, ensuring justice, and maintaining the rule of law. Landmark judgments and legal reforms have shaped its functions, but the judiciary continues to face modern challenges such as delays and resource constraints.

Ancient India: The Roots of Justice

The origins of the judiciary in India can be traced back to the ancient scriptures known as the Vedas. The concept of Dharma, which can be loosely translated as “law” or “righteousness,” was deeply embedded in these texts. The Dharma Sutras, a compilation of rules and rites, served as the earliest codifications of Hindu law. These texts outlined the duties of individuals at various stages of life and addressed the rights and responsibilities of rulers, laying the groundwork for what would later evolve into a more formal legal system.

One of the earliest documents that shed light on jurisprudence and governance is the Artha Sastra of Kautilya, dating back to around 300 B.C. This ancient treatise, particularly in its third chapter, delves into Vyavahara (transactions between parties) and Vivada (disputation), providing a glimpse into the early administration of justice.

Medieval India: The Islamic Influence

With the advent of Islam in India, the judicial system underwent significant transformation. Islamic law, or Sharia, began to play a dominant role in governance. However, it is essential to note that the rulers, while being custodians of justice, often made the Sharia subservient to their sovereign power. The rulers established courts known as Mazalim (complaints), where they would personally hear grievances, showcasing a blend of religious and royal authority.

During the Sultanate period, the judiciary saw the emergence of roles like the Amir-i-dad, who presided over secular courts in the Sultan’s absence, and the Muftis, experts in Sharia law who provided legal rulings or Fatwas. The Mughals further refined this system with the introduction of the Mir-adl, a secular judge acting on behalf of the Emperor, ensuring impartial inquiries and justice.

The British Era: The Birth of Modern Judiciary

The establishment of British rule in India marked a significant turning point in the history of the judiciary. The promulgation of the Regulating Act of 1773 by the King of England laid the foundation for the creation of the Supreme Court of Judicature at Calcutta. This court, established in 1774, was a court of record with full authority to hear and determine complaints and suits, laying the groundwork for the modern judicial system in India.

The evolution continued with the establishment of the Supreme Courts at Madras (1800) and Bombay (1823). The India High Courts Act of 1861 further restructured the judiciary by creating High Courts in various provinces and abolishing the earlier Supreme Courts and Sadar Adalats. These High Courts served as the highest judicial authorities in the country until the establishment of the Federal Court of India under the Government of India Act, 1935.

Post-Independence: The Supreme Court of India

With India’s independence in 1947 and the adoption of the Constitution in 1950, the judicial landscape was further refined. The Supreme Court of India was established, holding its first sitting on January 28, 1950. As the highest judicial authority in the country, the Supreme Court was endowed with the power of judicial review, enabling it to strike down any legislative or executive actions that were contrary to the Constitution.

The Supreme Court’s role in the protection of fundamental rights and the interpretation of the Constitution has been pivotal in shaping modern India. From its humble beginnings, when it met for only 28 days a year, the Court now shoulders the enormous responsibility of upholding justice, meeting for 190 days a year to address the legal needs of a vast and diverse nation.

The Supreme Court Building: A Symbol of Justice

The Supreme Court building, designed by Chief Architect Ganesh Bhikaji Deolalikar, stands as a testament to the fusion of Indo-British architectural styles. The building’s design symbolizes a pair of scales, representing the balance of justice. Opened on August 4, 1958, by Dr. Rajendra Prasad, the first President of India, the building has become a “Temple of Justice” that reflects the country’s commitment to fairness and equity.

Conclusion

The judiciary in India has grown from a Dharma-based ancient system to a constitutional framework that upholds democratic values. While it has delivered justice through landmark judgments and protected rights, addressing contemporary challenges like pendency, lack of infrastructure, and accessibility is essential for its continued relevance. Its evolution demonstrates resilience and adaptability, ensuring that justice remains central to Indian democracy.

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Frequently Asked Questions

What was the nature of the judiciary during Vedic times?

In Vedic times, the judicial system was based on Dharma, with village councils (Sabhas) and kings acting as arbiters of justice, guided by religious texts like the Vedas and Smritis.

How did British-era reforms influence the Indian judiciary?

The British introduced structured courts, codified laws like the Indian Penal Code (1860) and Civil Procedure Code (1908), and the principle of rule of law, forming the foundation of India’s modern judiciary.

What changes did the judiciary undergo post-independence?

After independence, the judiciary became constitutional, with the Supreme Court and High Courts ensuring justice and protecting fundamental rights as outlined in the Constitution.

What are the modern challenges faced by the Indian judiciary?

The judiciary faces delays due to case backlogs, inadequate infrastructure, lack of digitization, and increasing complexity of cases, which impact its efficiency and accessibility.