Report No. 114

Chapter V

Examination and Analysis of Critical Discussion on Certain Draft Proposals

5.1. Choice and policy decision.-

If the historical perspective and past experiences are not to be ignored because of an articulated reverence generated for the existing system of judicial administration by some vocal elements, it becomes a compelling necessity to give up any effort at introducing peripheral changes, an exercise repeatedly undertaken in the past. Any amount of legitimation of the present system would not hide its utter and almost irremedial failure. All the previous attempts and their fall-outs have been succinctly set out in the working paper. Every possible attempt to reform and revitalise the system not only failed to yield the desired results, but, in fact, aggravated the situation. To chalk out a new path became a compelling necessity.

Every organised society, primitive, tribal or clan, is likely to generate disputes. Consequently, every such society must evolve a forum for resolution of such disputes. Prior to the imposed imperial court structure, socialisation of finding solutions to disputed issues, began with appearance of a "third party".1 The organisation of the village as a social and political unit finds reference in vedic literature. Village assembly with local headman provided forum for resolution of disputes. People participated in the administration of justice. During colonial rule State courts exclusively took over the function of resolution of disputes.

1. Kalman Kulscar Peoples Assessors in the Courts: A study on the Sociology of Law, (1982), p. 17.