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Report No. 77

3. The present system evaluated: comparison with ancient judicial system

(6) In answer to the criticism that the present judicial system is unsuited to Indian conditions and is an import from an alien country, it is pointed out that no judicial system in any country is wholly unaffected by outside influences, nor are such influences to be looked upon always as a bane1.

1. Para. 3.1.

(7) The general notion that institutions like panchayats, councils of elders and the like, represent the entire indigenous system of India, is misconceived. These institutions were concerned with settling petty disputes. With the growth of society, a regular hierarchy of courts came into existence.1

1. Para. 3.2.

(8) The ancient Indian judicial system and procedure, both civil and criminal, contained definite and detailed rules1.

1. Paras. 3.4 to 3.19.

(9) The present judicial system is the result of gradual process of evolution. Modifications have been made in the hierarchy of Courts to meet the requirements of a developing society. The delays are due to the many factors, including those operating in and outside the Courts1.

1. Para. 3.20, earlier half.

(10) It will be a retrograde step to revert to the primitive method of administration of justice by taking disputes to a group of ordinary laymen not conversant with legal concepts and procedures. The real need is to further improve the existing system to meet modem requirements1.

1. Para. 3.20, latter half.



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