History of Indian Judiciary

The history of Indian judiciary is a rich and evolving one, spanning centuries of legal developments, colonial influences, and post-independence reforms. Read here to learn the key aspects of the judicial history of India as well as the modernization steps taken.

The History of the Indian Judiciary has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law.

India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization.

Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads, and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists.

Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16^th – 19^th centuries) with the latter giving way to the current common law system.

Also read: Judicial infrastructure in India

History of Indian Judiciary

The history of the Indian Judiciary and India’s legal system has ancient roots, with historical texts like the Manusmriti and Arthashastra containing legal principles and codes.

During this period, local rulers and kingdoms had their systems of justice, with local courts resolving disputes based on customary law.

Ancient Period

The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in several branches of the Vedic schools.

During the first seven centuries of the Christian era, there evolved several Dharma sastras that dealt extensively with Manu, Yajnavalkya, Narda, Parashara smritis, etc.

In ancient India, the lowest court was the family court starting from the family arbitrator and the judge at the highest pedestal was the king.

• One of the primary duties of the sovereign was the dispensation of justice, and in this process, the King was aided by his counselors and ministers.
• As civilization advanced and the duties of the King were delegated to the judges who knew the Vedas.
• Justice was administered based on ‘dharma’ or a structure of rules specifying the responsibilities that an individual must fulfill in his life. Customs served as a source of law. This system continued till the Mughal period.

Medieval period

In medieval India, the religious leaders endeavored to transform Islam into a religion of law, but as custodians of justice, the rulers made the Sharia, a court subservient to their sovereign power.

Theoretically, the rulers had to be obedient to the Sharia and history speaks about certain cases where sovereigns unresistingly submitted to the Qazi’s decision.

• Every provincial capital and every large town had a Qazi.
• The Qazis held the trial in the presence of the parties and were expected to write their legal documents very carefully.
• The King was the highest court of appeal. The rulers sat in a Court known as Mazalim (complaints).
• According to Ibn Battuta, Muhammad bin Tughalaq, ruler of the Tughalaq dynasty, heard complaints each Monday and Thursday.

From the 13th century onwards, an officer known as Amir-i- dad presided over the secular Court in the sultan’s absence.

• He was also responsible for implementing Qazis’ decisions and for drawing their attention to the cases which constituted a miscarriage of justice.

The Muftis were the experts on Sharia law and gave Fatwas (formal legal rulings) on disputes referred to them by members of the public or qazis.

• The Chief Judge of the sultanate was known as the qazi –i- mamalik also known as the qazi- ul- quzat.

During the Mughals period, the secular judge was known as Mir- adl. He acted as a judge on the emperor’s behalf.

• He was required to make impartial and personal inquiries. He was also responsible for implementing Qazi’s decisions.
• Emperor Akbar also appointed two officers, called tui-begis, to supervise the adherence to the law and fixed a nominal amount as their fee.
• The same system was followed till the British took over the power of India.

Colonial Era (17th to 20th Century)

The modern judicial system in India has its foundations in the colonial era. The East India Company established courts with European judges applying English law.

• The British introduced the common law system in India and established the Sadar Diwani Adalat. They were later followed by the establishment of high courts.
• The promulgation of Regulating Act of 1773 by the King of England paved the way for the establishment of the Supreme Court of Judicature at Calcutta.
• The Supreme Courts at Madras and Bombay were established by King George III on 26 December 1800 and on 8 December 1823 respectively.
• The establishment of the Calcutta High Court in 1862 marked a significant step in creating a formal legal framework and abolished Supreme Courts at Calcutta, Madras, and Bombay and also the Sadar Adalats in Presidency towns.

Indian High Courts Act of 1861: This act established high courts in Calcutta, Bombay, and Madras. These high courts became the apex courts in their respective regions, hearing appeals and original jurisdiction cases.

Government of India Act, 1919: This act introduced reforms in the judicial system, including the separation of the judiciary from executive control. It also introduced the concept of diarchy, giving limited self-governance to provinces.

Government of India Act, 1935: This act further expanded the powers and responsibilities of the provincial and central legislatures. It established the Federal Court of India as the highest court, with jurisdiction over constitutional matters.

Coding of law also began in earnest with the forming of the first Law Commission.

• Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted, and brought into force by 1862.
• The Code of Criminal Procedure was also drafted by the same commission along with a host of other statutes and codes like the Evidence Act (1872) and the Contracts Act (1872).

Culmination of the history of Indian Judiciary: Independence and Formation of the Supreme Court

After India gained independence in 1947, the Constitution of India was adopted in 1950.

The Supreme Court of India was established as the highest court in the country, with the power of judicial review over legislative and executive actions.

In the 1980s, the judiciary expanded its role in social justice by allowing public interest litigation, enabling individuals and organizations to approach the courts to address issues affecting public interest.

Over the years, the Indian judiciary has played a crucial role in interpreting the Constitution and protecting fundamental rights.

• Landmark cases like Kesavananda Bharati v. State of Kerala (1973) established the doctrine of basic structure and upheld the supremacy of the Constitution.

The Indian judiciary has undergone various reforms to improve efficiency, accessibility, and accountability.

• The introduction of the National Judicial Appointments Commission (NJAC) was an attempt to reform the process of judicial appointments, though it was struck down by the Supreme Court in 2015.

Also read: Women in Judiciary

Modernization of Indian Judiciary

As a part of the National eGovernance Plan, the Government has launched the eCourts Mission Mode Project which is under implementation for ICT development of the District & Sub-ordinate courts in the country based on the “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary”.

• It is being implemented by the Department of Justice in association with the e-Committee Supreme Court of India.
• Phase I (2011-15) was aimed at the basic computerization of courts and providing local network connectivity was done.
• Phase II of the project started in 2015 for the installation of video conferencing infrastructure. 18,735 District and subordinate courts have been computerized till Phase II.

In the eCourts Project, the Government has taken the following initiatives to make justice accessible and available for all using technology:

• Under the Wide Area Network (WAN) Project connectivity has been provided to 99.4% of total Court Complexes across India with 10 Mbps to 100 Mbps bandwidth speed.
• National Judicial Data Grid (NJDG) is a database of orders, judgments, and cases, created as an online platform under the eCourts Project.
• Case Information Software (CIS) based on customized Free and Open-Source Software (FOSS) has been developed.
• Live Streaming of court proceedings has been started in the High Courts of Gujarat, Gauhati, Orissa, Karnataka, Jharkhand, Patna, Madhya Pradesh &Constitutional Bench of Hon’ble Supreme Court of India thus allowing media and other interested persons to join the proceedings.
• 2 2 Virtual Courts in 18 States/UTs have been operationalized to handle traffic challan cases.
• A new e-filing system (version 3.0) has been rolled out for the electronic filing of legal papers with upgraded features.
• e-Filing of cases requires the option for electronic payment of fees which includes court fees, fines, and penalties which are directly payable to the Consolidated Fund.
• To bridge the digital divide, 819 eSewa Kendras have been rolled out to facilitate the lawyer or litigant who needs any kind of assistance ranging from information to facilitation and eFiling.
• In addition to eSewa Kendras, as part of the DISHA (Designing Innovative Solutions for Holistic Access to Justice) scheme the Government of India launched the Tele Law program in 2017, which provides an effective and reliable e-interface platform connecting the needy and disadvantaged sections seeking legal advice and consultation with panel lawyers via video conferencing, telephone, and chat facilities available at the Common Service Centres (CSCs) situated in Gram Panchayat and through Tele-Law mobile App.
• National Service and Tracking of Electronic Processes (NSTEP) has been launched for technology-enabled process serving and issuing of summons.

Also read: Indianisation of Judiciary

Conclusion

The Indian judiciary continues to face challenges such as a backlog of cases, delays in justice delivery, and the need for judicial reforms.

Efforts are being made to address these issues through technological advancements and systemic changes.

Also read:

• The Union Judiciary i e. The Supreme Court (Articles 124-147)
• 75 years of Supreme Court of India

-Article by Swathi Satish