History and Evolution of Judicial Systems in India |Overview

By Vaidehi Sharma, a student of BALLB at Mohanlal Sukhadia University

Introduction

India's justice system has evolved through centuries, shaped by its rich cultural, religious, and political heritage. From the Vedic age to the modern era, the legal framework has developed to reflect changing social, economic, and moral norms. The current legal frame of India is inspired by its rich culture and heritage. India has a recorded legal history starting from the Vedic ages. It is believed that ancient India had some sort of legal system in place even 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 the Jains and Buddhists[1]. This article delves into the milestones that shaped the Indian justice system, examining how the legal framework evolved from ancient times to its current form.

Vedic and Ancient Period

The earliest references to justice in India come from the Vedic texts. During the Vedic period, justice was governed by religious laws derived from texts like the Rig Veda and Manusmriti. From the time of the Vedic culture until the arrival of the Muslims, everyone in India was bound by the principle of Dharma. The verb "dhr" is the root of the term "dharma," which means to uphold, sustain, or nourish. It is frequently used closely with the words "rta" and "Satya" by the Seers[2]. Dharma often refers to the principle of justice

The sources of law in the ancient period derived from religious texts such as Dharmashastras and Smritis, such as the Manusmriti, laid down rules for righteous living and societal order, covering everything from personal conduct to property laws. According to Manusmriti, there are four pillars of justice. These are:

Sruti
Smriti
Customs of Holy men
One own inclination

According to Yajnavalkya - In addition to the above four, Equity and customs were also added.

The Administration of justice was entrusted to the hands of the experts. King's court was reserved for appeals and severe crimes against the state, the rest of the litigations being entrusted to various other courts. A group of six judges consisting of a bench/ sabha was constituted to adjudicate on matters.

In the Vedic period, punishments for criminal acts varied based on social status, gender, and severity of the offense. Caste-based divisions influenced the justice system, with Brahmins generally exempt from harsh punishments.

Buddhist and Mauryan Influence

Justice became gradually more orderly and controlled with state-influenced rules during the Mauryan period. Emperor Ashoka's reign was a landmark in this respect. Ashoka embraced Buddhism, using such principles for rule, such as compassion.

The pillars and rock edicts of Ashoka included moral codes pertaining to laws, welfare, and equality. His commitment to non-violence and welfare laid early groundwork for a more humanistic approach to legal justice.

The Mauryan Empire established structured governmental units with civil servants to carry out justice. Bureaucratic control, therefore, first emerged during this period.The ideas of Buddhism emphasized non-violence and social welfare; in turn, it made a mark on legal mindsets regarding crime and punishment.

Gupta Empire and Post-Gupta Period

The Gupta period comes to be labeled as a golden age characterized by stability and prosperity, and the same strains are found in the justice system too. It was in this age that laws were codified more systematically. Major legal texts were Yajnavalkya Smriti and Narada Smriti.

The king was the apex judiciary; although, routine affairs were taken care of by councils of scholars and local courts. Over time, the state took greater responsibility in judicial matters.

Local bodies and trade guilds formed the most important organizations, which delivered justice at the grassroots level with an ability to solve disputes over trade matters and community conflicts.

Medieval Period and Islamic Influence

With the arrival of Islamic rule in India, a significant shift occurred in the legal landscape. The Delhi Sultanate and later the Mughal Empire brought in Islamic law, or Sharia, which coexisted with Hindu laws. It is believed that Mughal emperors were fond of justice and were referred to as the ‘fountain of justice’. The emperors would set up separate justice departments called Mahakuma-e-adalat to govern and ensure that the empire was governed and administered properly.

The ruler was considered to be the judge and the system allowed Hindu laws for Hindu subjects and Sharia law for Muslims, creating a pluralistic legal structure. Qazis (Islamic judges) were appointed to administer justice under Sharia. These courts handled criminal, civil, and family matters, especially for Muslim communities. During the Muslim rule in India, Islamic law or Shara was followed by all the Sultans and Mughal Emperors. Muslim criminal law as applied in India, was supposed to have been defined once for all in the Quran as revealed to the Arabian Prophet and his traditional sayings (hadiths)[3].

Classification of courts during the Mughal period:

The significant courts that operated during that period were:

Emperor’s Court: The emperor’s court, which was controlled by the emperor, was the court of the empire’s highest order. The emperor was supported by Daroga-e-Adalat, Mir Adil, and Mufti when hearing cases as a court of first instance. The said court had jurisdiction over civil as well as criminal matters. The emperor presided over a bench consisting of the Chief Justice (Qazi-ul-Quzat) and other chief justice court Qazis while hearing the appeal.
The Chief Justice’s Court: It was the capital’s second significant courtroom. The said court was controlled by the Chief Justice, who was supported by two highly essential Qazis appointed as puisne judges working in this court. It had jurisdiction and discretion to hear civil, original, as well as criminal cases, and hear provincial court appeals. This court also had supervisory authority over the operation of the Provincial tribunals[4].
Chief Revenue Court: The Chief Revenue Court was the third appropriate court of appeal to consider revenue-related cases. This court was also backed by the four officials—Mir Adil, Mufti, Muhtasib, and Daroga-e-Adalat. Delhi previously had two other courts in addition to these three significant courts. One particularly important court where the military problem was decided was Qazi-e-Askar. The court moved from location to location with troops.

Emperor Akbar introduced the concept of “Sulh-e-Kul” or "universal peace," promoting tolerance. Akbar’s court blended Persian, Hindu, and Islamic legal traditions, allowing legal flexibility.

British Colonial Rule

The British colonization of India marked the most drastic transformation of the legal system, establishing many features of the present-day judiciary. Earlier the moral code of conduct was considered laws but later the Britishers introduced a proper codified system of laws in India. With that Common Law system, which emphasized principles of precedence and a uniform code was introduced.

The Regulating Act of 1773 laid the foundation for British legal administration in India and was the first-ever regulation passed by the Company’s rule. It defined the East India Company's authority and powers in India.

The British rule then proceeded with the establishment of the Supreme Court of Judicature in Calcutta under the Regulating Act of 1773. Later Supreme Courts were also set up in Bombay, and Madras in the years 1800 and 1823[5] which brought structured judicial administration to India. Since then, the Britishers passed many legislations to shape the country’s governance, economy, and society. Out of which the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC), and the Civil Procedure Code (CPC) were landmark developments.

For a hierarchical and structural judicial system, the Indian High Courts Act 1861 was passedwhich led to the formation of High Courts in major cities, formalizing judicial oversight across regions. British judges also introduced the doctrine of precedents and stare decisis. These doctrines contributed to the consistency of rulings and bound courts with the previously established legal principles. The jury system was also introduced, although it was later discontinued post-independence.

While British law was secular, they preserved religious laws in personal matters like marriage, inheritance, and family disputes for Hindus and Muslims, an approach that would later contribute to a complex legal landscape.

Post-Independence and the Modern Indian Justice System

With independence in 1947, India inherited a complex legal structure that was a mix of British legal codes, religious laws, and customary practices. The newly independent state set about creating a unified legal framework. The most significant legislation post-independence was the Indian Constitution which established India as a sovereign, socialist, secular, and democratic republic, enshrining fundamental rights and establishing the rule of law. The Constitution is the supreme law of the land, which provided for a unified hierarchical judiciary with civil courts at the bottom and the Supreme Court at its apex.

Concerning the criminal sphereIndia retained and continued with the IPC, CrPC, and CPC until 2023 and passed three new legislations, namely, Bhartiya Nyaya Sanhita 2023, Bhartiya Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023. In civil areas also the legislature allowed for personal laws based on religion in areas like marriage, divorce, and inheritance. This led to debates on a Uniform Civil Code (UCC), a matter still under discussion today.

Post-independence since India declared itself to be a sovereign country thejudiciary became independent from internal as well as external control with the Supreme Court and High Courts having the power of judicial review which led to the emergence of many constructive concepts such as the basic structure doctrine from the landmark case like Kesavananda Bharati v. State of Kerala[6] and the concept of Public Interest Litigation deviating from the established rule and relaxing the principle of Locus Standi in the case of Hussainara Khatoon v. State of Bihar[7] affirmed the principle of justice for all and allowed citizens to approach the court directly on issues of public welfare, democratizing access to justice.

In recent years, with the introduction of Artificial intelligence, digitization of court records, e-courts, and online filing systems have been introduced, aimed at reducing delays and making the judicial system more accessible.

Contemporary Challenges and the Road Ahead

Today, the Indian judiciary faces challenges such as case backlog, limited access in rural areas, and judicial vacancies. Over 40 million cases are pending in Indian courts, leading to calls for judicial reforms and alternative dispute-resolution mechanisms.

Recent calls for reform include increasing judge appointments, expanding digital infrastructure, and simplifying procedures to improve efficiency. Legal awareness campaigns and pro bono services are being encouraged to enhance access to justice for marginalized communities.

Conclusion

The evolution of India’s justice system is a testament to the country’s dynamic history and complex societal fabric. The justice system has changed to reflect India's dedication to justice, equality, and the rule of law, moving from antiquated religious laws to contemporary constitutional principles. The progress gained in legal and judicial reforms highlights India's determination to guarantee an equitable and easily accessible justice system for all of its residents, even though the road is far from done. However, to serve future generations, the demands of modernity necessitate ongoing efforts to reinforce and adapt this legal heritage.

[1]https://www.cbse.gov.in/cbsenew/ebooks/XI_U3_Legal_Studies.pdf accessed on November 10, 2024

[2] https://www.ijlra.com/paper-details.php?isuurl=legal-system-in-ancient-india-by-disha-rana accessed on November 10, 2024

[3]https://brewminate.com/the-judicial-system-in-medieval-india/ accessed on November 10, 2024

[4]https://blog.ipleaders.in/judicial-system-time-mughals-india/ accessed on November 10, 2024

[5]https://byjus.com/ias-questions/when-was-supreme-court-established-in-india-for-the-first-time/ accessed on November 10, 2024

[6] Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970)

[7] 979 AIR 1369, 1979 SCR (3) 532