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By
Y. SRINIVASA RAO,
M.A (English)., B.Ed., B.L., (LL.M),
First Additional Junior Civil Judge,
Bhimavaram.
The British ruled India for a period of almost about 190 years. Yet, the
English set up a poor copy of the British judicial system as Indian judicial
system.
The judges , in pre-independence India, were the symbol of imperial
power. Hardly after 20 years of Ranjit Singh's death, the whole continent of
India had passed into the hands of East India Company. The motto of the
English was not to provide justice to the local people but the only motive
behind these efforts was to replace the existing judicial system to mould
the local people according to their own desire of ruling them in the long
run. The concept of jury was anathema since it would have involved the
local people in decision making process. All nations,which came to India,
tried to establish their monopoly on trade and started to take part in local
affairs. The Portuguese was the first country which came to India for
trade. Yet, the English only succeeded. Owing to luxuries and weak
military position of the Mughal government, the British won in the wars
with fulcrum of local rulers. A perusal of world history, it evinces that if
any nation conquered the other nation, they enforced their own system of
administration. Similarly, the British rulers changed the whole
administration of our country especially the law and justice. However,
Even after Indians were appointed as judges, any contact between judges
and the common people was discouraged.The Europeans came to India
through Sea route as a trading nation, and ultimately gave a new turn to
the Indian history. Their commercial instinct led them to discover the sea
route to India. They had no intention to conquer the country; their
objective was to establish commercial relations with India.
HIGHLISHTS:
- Sea route: In 1498, Vasco de Gama discovered sea route to India and
reached the port of Calicut. Thus, the Portuguese, the first Christian
nation, came to our country. Their policy is ''Divide and Rule''.
- The British, the Danes, the Dutch, and the French reached India:
After arrival of Portuguese, the British, the Danes, the Dutch, and the
French also reached India. All of these nations came to India for trade.
But, out of them, the English people succeeded to establish their power in
India. The Governor and company were authorized to make laws.
However, owing to limited legislative right, it led to establish a new
Judicial system in India.
-Arrival of the East India Company in Sub-continent: Queen
Elizabeth granted a charter as to monopoly of Eastern trade for period of
15 years in the month of December, 1600.
- Elizabeth I`s charter during the year 1600: Because of this charter,
the East India Company empowered it to make laws, constitutions, orders
and ordinances as necessary for the governance of its servants. Thus, the
East India Company empowered to impose punishments subject to
English laws and customs.
-In 1753, Because of the measures of the 1726 Charter Act, the new
Charter Act modified the jurisdiction of the Mayor`s Court in Bombay,
Madras and Bengal. This Act vividly explained that with the consent of
both parties , the cases between two Indians could only appear before the
Mayor`s Court. This Act provided for a Court of Record, consisting of the
President and Council to hear appeals from the Mayor`s Court.
-In 1754, As the Royal troops arrived to India, the terms of the Mutiny
Act and the Articles of War made applicable to Company`s military
forces.
-The result of Plassy,in 1757, paved the way for the British conquest of
Bengal and eventually of the whole of India.
-In 1765, in Bengal, Nawab granted dewany to the East India Company
that led the responsibility for working Dewany Courts not only in Bengal
but also in Orissa and Bihar.
- In 1769, in recognition of some oppression and judicial chaos in the
interior, or `Mofussil` (places and areas that did not fall under city
categories, remote districts), the Company appointed some Covenanted
Servants to act as Supervisors of the Country Courts.
During
the
period
of
Cornwallis
administration,
significant changes were made
in
all
branches
of
administration, including the
judicial system.
The most powerful trading company of British died its natural death
and India came under British parliamentary control.
The government of India under the parliamentary control of British
introduced the stamp duty on the judicial cases.
The establishment of High Courts in Calcutta, Bombay and
Madras: Under the recommendations of commission appointed in
1853, The Government introduced important reforms in the judicial
system. Their recommendations were accepted and in 1861 the Indian
High Courts act authorized the establishment of High Courts in each of
the following towns; Calcutta, Bombay and Madras in place of old
Supreme Court, Sadar Fojudari Adalat and the Sadar Dewani adalat
were abolished after having a age of 90 years.
Inasmuch as the penal code and first criminal procedure code came
into force, the Islamic system of justice disappeared in 1862 .
The Crown was empowered to appoint the Chief Justice and Judges
for these High Courts. The appeal against the decisions of high courts
was presented before the judicial committee of the Privy Council. The
Privy Council was situated in London.
Act for India., and hence he became the first chief justice of the
federal court of India.
3. The Privy Council interprets of the constitution.
4.
5.
Macauly's words
reflect the thinking of the British
Government for future of India. ''We are trying to give a good
government to people of India to whom we cannot give a free
government''.
6. The federal court declared the 'defence of India rules' as ultra vires,
proving its independent and impartial authority, indeed was a
turning point for the judicial development in India.
CONCLUSION:
To say succinctly, without explaining the long story of struggle for
independence, here it is copious to say that the period from 1940 to 1947
was critical for both Congress and Muslim League inasmuch as both the
parties took a very aberrant stance on the issue of independence, which
finally culminated in the formation of two independent states in the
Subcontinent,viz, India and Pakistan. With the creation of these two states
the British rule in India formally came to a climax. It is now needless to
say that the status of Indian Judiciary is being increased after
independence.
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