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Report No. 77

3.20. Gradual evolution.-

We have just noticed that the present judicial system is the result of a gradual process which has been going on incessantly, and that it is not the product of one day. Changes, modifications and amendments have been made both in the hierarchy of courts as well as in the procedures followed by them, as the society gradually became more and more developed.

The present day complications and delays in disposal of cases are not so much on account of the technical and cumbersome nature of our legal system as they are due to other factors operating in and outside the courts. In spite of the fact that we are still heavily dependent on agriculture, we can no longer be regarded as an undeveloped peasant society, in view of the great strides that have been made in the direction of industrialisation and urbanisation of population, besides expansion of trade and commerce.

It will be a retrograde step to revert to the primitive method of administration of justice by taking our disputes to a group of ordinary laymen ignorant of the modern complexities of life and not conversant with legal concepts and procedures. The real need appears to be to further improve the existing system to meet modem requirements in the context of our national ethos and not to replace it by an inadequate system which was left behind long ago.



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