Transformation of British Traditional way of court operation to current era of digitisation from Juhi bharti's blog

    The law developed in England court of common pleas and others common law courts , which become also the law of the colonies settled initially under the crown of england or the UK , 

                        When we see a judge or magistrate sitting in the court you are actually looking at the results of thousands years of legal system evolution.                     It's doubt full that anyone asked to designed a justice system would be choose to copy the English and Welsh model ,

                            It's contradictory in places and rather confusing, however the judiciary is still changing and evolving to meet the needs of our society and despite its oddities it is wisely regarded as one of the best and most independent in the world .

Judicial system before independence 1947 

The judges in pre-independence india were the symbol of emperial power ,Hardly after 20 years of Ranjit singh death the whole continent of India had passed into the hands of East india company. T

Judicial system after independence 

Today ,when we look at the judiciary of India , it is very well organised nd systematic.As the saying roo goes Rome was not built in a day in the same way the present Indian judiciary was not a sudden creation . 

Difference of Indian judiciary pre and post independence judiciary 

Pre Indian judiciary  

The British exploited India's traditional judicial system to their own advantage for some time .I need was arising for dispensing civil as well as criminal matters .and so subsequently in 1772 a civil court and criminal court in every district of Warren Hastings .the civil court was precise over via collector who dis who administered justice with the help of Indian subordinates .and Indian officer presided over The criminal court ka Aziz and muftis assisted him although there was a fine system of judiciary ,there was no uniformity in the law. the personal law are applied in civil courts and Muslim law were applied in criminal cases. for while the judges of the supreme court established in 1774 try to in uniform apply English law .however,  As one person could not control the judiciary as well as the executive honestly efficiently both these things need to be separated .cornwallis had his hands behind this. to make the judicial system more effective provincial circuit criminal courts were established . provincial civil  courts were initially established at Dhaka Murshidabad Kolkata and Patna board district level courts were preceded by the English judges munsif codes and registrar courts were introduced with Indian at their head .

Post -independence Indian judiciary 

The first move after post independence was the evolution of the privy council the Indian constituent assembly passed the abolition of privy council jurisdiction act in 1949 to abolish the jurisdiction of privy council in respect of appeal from India and also to provide for pending appeals . 

Presently the courts in Indian legal system broadly consisted of the supreme court of India high court of India subordinate court civil court criminal courts and special tribunals.

1.The Supreme court of India

The supreme court which is the highest court in the country both for the matter of ordinary law and for interpreting the constitution is in institution created by the constitution the supreme court in India has inherited the jurisdiction of both the privy council and the federal court after the evolution of the privy council however the jurisdiction of the supreme court under the present constitution is much more extensive than that of the federal court and privy council the supreme court and 13th appeals in civil criminal and other cases from high court and other tribune it has also written jurisdiction for enforcing fundamental right it can advise the president on the reference made by the president constitution of the fact and the law .

2.The High courts

Second in the hierarchy come the high courts as we know before the constitution of 1950 came into existence the High court has already been established in the country under the British act 1861 the remaining High court was established or continued under the constitution or under special acts High court for each state or group of state has a pilot civil and criminal jurisdiction over lower courts some high courts Bombay Calcutta Delhi have ordinary original civil jurisdiction for their respective cities High court can also here reference is made by the income tax appellate tribunal under the income tax act and the tribunal the writ jurisdiction wasting wide the huts today was before the constitution wasted only in the presidency towns.


3.Subordinate courts 

Finally there are various subordinate civil and criminal courts original and palate functioning under ordinary law please have been created under the constitution but under the laws of the competent legislature civil courts are created mostly and the civil court act of each state criminal courts are created Mainly under the criminal code of procedure.

4.Civil courts 

  In each district there is a district judge with the number of additional district judges attached to the court below that court is court of judges that court are created under the State law .

5.Criminal courts 

Criminal courts in India primary consists of the magistrate and the court of session magistrates have been divided into judicial and executive magistrate the court of session can try all offences and has the power to award any sentences prescribed by the law for the offence but a sentence of death requires confirmation of the High court .

6.Special Tribunal

  Besides the court which forms part of the general judicial setup there are host of specialised tribunal dealing with the direct taxes and copyrighted for the trial cases corporation there are special judges are appointed for the tribunal cases .


A peculiar feature of the legal development in India was that following the government and delivered to create a system of a quotes without ever attempting to develop a body of law conscious efforts to remove these defects were made by developing a cold and body of law and independence of the judiciary is fairly well as shot by the constitution itself an adequate precautions have been taken to help the judiciary to discharge their functions effectively .

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By Juhi bharti
Added Sep 5 '21


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