Volume 20 No 9 (2022)
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EVOLUTION OF THE JUDICIARY IN INDIA
S.SEKHAR, Dr.S.Murugavel
Abstract
The judiciary in India has undergone a significant evolution from ancient times to the modern constitutional framework. Rooted in ancient texts like the Manusmriti and the Arthashastra, early forms of justice were heavily influenced by dharma (moral duty) and were dispensed by kings and local councils. The medieval period saw the influence of Islamic law and the establishment of Qazi courts under the Delhi Sultanate and Mughal Empire. The advent of British rule marked a major transformation, introducing a formal, codified legal system modeled on English common law, culminating in the establishment of the Supreme Court of Calcutta in 1774. Post-independence, the Indian judiciary was enshrined as an independent and co-equal branch of government by the Constitution of India in 1950. The Supreme Court of India, along with High Courts and subordinate courts, forms a unified judicial system empowered to uphold the rule of law, fundamental rights, and constitutional values. Over time, judicial activism, public interest litigation (PIL), and landmark judgments have expanded the judiciary’s role in shaping social and political discourse. Despite challenges like case backlogs and questions around judicial accountability, the Indian judiciary continues to evolve as a robust guardian of democracy and justice.
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