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Report No. 114

Chapter II

Need for Restructuring The Judicial System

2.1. Reasons for inducting the alien system in India.-

Let it not be forgotten that for pax britannica the colonial masters inducted in India by and large, the judicial system in vogue in their country. One does not build-up an empire for some altruistic purpose. If charity begins at one's own home, empire begins at the home of other people. Amongst various motivations, the one central to the empire building is economic exploitation of the colonies for ensuring higher standard of life of the elite of the ruling masters. This economic exploitation necessitates internal peace and external security.

Internal peace is guaranteed by first maintaining a foreign military, loyal police and legal justice system which would keep the parties continuously litigating in law court with hierarchy of appeals so that the Indian illiterate, the victim of injustice struggles through the labyrinths of courts and loses all initiative for settling the dispute by resort to force, is drained of all his vitality and physical power to assert his rights and his economic wherewithal in paying for the costs of litigation and his political will by loss of precious time in the litigating processes. Jarndyce v. Jarndyce (Charles Dickens) is the ideal set forth to the seekers of justice. If people complaining of injustice remain glued to the court, they do not disturb law and order, maintain peace and permit naked economic exploitation and the beguiled and the believers and the beneficiaries (Legal profession) go on paying tribute to British system of justice.

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