“ HISTORICAL BACKGROUND OF JUDICIAL SYSTEM IN INDIA” SUBMITTED TOWARDS THE FULFILLMENT OF THE COURSE TITLED “LEGAL AND CONSTITUTIONAL HISTORY” SUBMITTED BY: SUBMITTED TO: Dimple Sisodiya Dr. Vagish Upadhyay ROLLNO.-1505C00038 FACULTY OF LAW
DECLARATION I hereby declare that the work reported in the BBA. LL.B (Hons.) Project Report entitled “ Historical Background of Judicial System in India” submitted at ICFAI University, Dehradun is an authentic record of my work carried out under the supervision of Mr. Vagish Upadhyay. I have not submitted this work elsewhere for any other degree or diploma. I am fully responsible for the contents of my project report. SIGNATURE OF THE CANDIDATE Dimple Sisodiya ICFAI UNIVERSITY, DEHRADUN. DATE -
ACKNOWLEDGEMENT The researcher would like to thank her faculty whose guidance helped her a lot in structuring this project. The researcher owes the present accomplishment of this project to her friends, who helped her immensely with materials throughout the project and without whom She couldn’t have completed it in the present way. The researcher would also like to extend her gratitude to her parents and all those unseen hands that helped her out at every stage of her project. THANK YOU Dimple Sisodiya
HISTORICAL BACKGROUND OF JUDICIAL SYSTEM IN INDIA The present judicial system of India was not a sudden creation. It has been evolved as the result of slow and gradual process and bears the imprint of the different period of Indian history. The period which however, have made the greatest impact on the existing system are those nearest to the present times and it is not surprising that the period preceding and following the down of independence, more particularly that one after the coming into force of the constitution have been the greatest molding factors. Administration of justice is one of the most essential functions of the state 1 . If men were gods and angels, no law courts would perhaps be necessary though even then the skeptics might refer to the quarrels among gods, particularly in the context of goddesses. As it is, we find that though man may be a little lower than the angels, be has not yet shed off the brute. Not far beneath within the man, there lurks the brute and the brute is apt to break loose on occasions, To curb and control that brute and to prevent degeneration of society into a state of tooth and claw, we need the rule of law. We also need the rule of law for punishing all deviations and lapses from the code of conduct and standard of behavior which the community speaking through its representatives has prescribed as the law of the land. Being human, disputes are bound to arise amongst us. For the settlement of those disputes, we need guidelines in the form of laws and forums to redress the wrongs in the form of courts. Laws and courts have always gone together. There is a close nexus between them; neither court can exist without the laws or laws without the courts. The judicial system deals with the administration of the laws through the agency of the courts.
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