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Report No. 95

13. Presently the judicial system is based on the Anglo-Saxan jurisprudence. Should it be replaced by an Indian system of Administration of Justice?

The present judicial system has sometimes been characterized as a legacy of British Raj and the prized values of British jurisprudence such as equality before the law, independence of the judiciary and judicial review have been disfavoured. Some have gone hammei and tongs at the contents of the recent lectures delivered by the American Lawyer Abrams and the English Judge Lord Templeman labelling it as irrelevant to the country and branding the invitation to these lectures as "fraternising by a handful of judges, advocates and journalists thwarting the emergence of an indigenous Third World legal system". (Hindustan Times, 29th December, 1981, page 9). Ever so, no concrete suggestions have been offered spelling out as to what exactly is meant by 'Indianising of the judicial system'.

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