Web: www.lrdjournal.com;
Email: journal1257@gmail.com
A REVIEW OF JUDICIAL SYSTEM
IN ANCIENT INDIA
Dr. Ravi
KumarTyagi*
Mr. Rajender kumar**
Abstract
India
has the highest law in the world. There is no other form of judgment with an
individual or higher. But before describing the judiciary system in ancient
India I have to give a warning. The learner should reject the major allegations
of the Jurisprudence of India as well as the Indian law enforcement system by
some British writers. I will make a few examples. Henry Maine described the
ancient Indian legal system as "a tool for evil". The Anglo-Indian
lawyer called this “Indian life” practices before Britain came back to India:
“It (British rule in India) is a survey of foreign directors to oversee foreign
sectors, to align Europe's Oriental cultural practices, and to formulate specific
laws. The highest among the ruthless nations associated with the government for
empty authorities[1].
”Alan Gledhill, a retired member of the Indian Civil Service, wrote that when
Britain took power in India," there was a breakdown of legal laws[2]. "
Key
Word: Judicial
System, Enforcement System, Rule of India, Quality of Justice etc.
Rule of law in Ancient India
Was there a law in ancient India? Let the scriptures speak
for themselves. In Mahabharata, it was reserved "The Lord has sworn that
he will protect his subjects from protecting him and that he should be killed
like a proud dog." People should kill the guardian king, but they dispose
of their property and property and do not receive advice or guidance in any.
Such a king is not a king but a disaster. "These provisions show that the
empire is based on social cohesion and when the Lord breaks the natural
contract, he lost the kingship
The history of the kingdom of Mauritian, Kautilya
describes the works of the king in Arth-shastra thus: "The joy of his
servants is the joy of the king; in their welfare he is well-pleased; and
whatever pleases him he will not see good, but whether he pleases his people,
he looks at the good."
Judiciary in Ancient India
With this first warning, I will
try to describe the judiciary system in ancient India. According to the
Kautilya Artha-Shastra, commonly called the First Emperor of Maurya Emperor
(322-298 BC), the empire was divided into administrative organs called Shania,
Dronukha, Khrvatika and Sharan (modern regions, tehsils and Parganas). Shania
was an island built between eight hundred villages, a dronamukha between 400
villages, a caravan between 200 villages and a sangrahana between ten areas,
legal courts started in each suburb, and in regional circles (Janapadasandhishu).
The court had three courts (Dhramastha) and three ministers (trades).
Hierarchy of courts in Ancient
India
According
to Brihaspati Smiriti, there was an Indian court starting with family courts
and ending with the Lord. The lowest was the family ruler. The next high court
was a judge; the next Chief Justice called Poradivivaka, or adjacent; and up
was the king's court. Individual rule was determined by the importance of
contradictions, minor disputes determined by the lower and more important court
by the king. Each High Court's decision fulfilled that court below.
These provisions are important. The king was required to
dress modestly (harvesting) so that opposers would not fear them. The code of
conduct prescribed by the king when acting as a judge was very focused and was
required to be freed from all "stitches or discriminatory" means
Narada: "If the king condemns the legal obligations (regulation) and
regulates (in court), the seven good qualities that meet seven flames in the
fire" Narada confirms that when the king is the judgment seat (Dharmasanam),
he must be impartial with all people, taking the oath of the son of Vivasvan.
(Vivasvan's vow is an impartial oath: Vivasvan's son is a mother, a god of
death, who is impartial for all living).
The King’s Judges
The
judges and advisers who direct the king during the trial had to be independent
and blind and prevent him from making any mistake or injustice. Kayayana says:
"If the king wants to harm those who are opposed to (vivadinam) illegal or
wrong decision, it is the duty of the judge to warn the king and to prevent
him."
"The
judge who judges the king should give his opinion that it is in accordance with
the law, if the king does not listen, at least the judge does his work. If the
judge sees that the king is different from equality, justice should not we ask
the king because this is not an opportunity to speak comfortably (baktavyam pr
priyamnatra); if the judge fails in his job, he is guilty. "
Delegation of Judicial power by
the King
As
civilization progresses, the king's activities became more and he had less time
to hear the ideas of man, and he was forced to pass his guilty profession.
Katyayana says: "If it is because of the pressure of work, the king is not
able to hear the bags from someone who should be appointed as a Brahmin judge
from Vedas." The qualifications for the judge were very high. According to
Kayyayana; "The judge must be helpful and free of discrimination, fairly
impartial, tolerant, God-fearing, committed to his work, free from anger,
leading a good life, and a good family.
In time, a legal process was set up to release a king who
had a large court of judgment, but he left his power as the highest court.
Under the Mauritian Empire there was a regular court service as described
above.
Quality of Justice: Integrity
Now
I will speak a few words about the quality of justice and the prescribed code
of conduct for judges. The main function of the judiciary was the integrity of
impartiality and lack of payment or attachment. The idea of integrity was
given a very great explanation and the judgment code of integrity was very
strong. Brihaspati says: "The judge should take the right decisions
without considering any particular form of self, and his decision should be in
accordance with the criteria prescribed by the text.
Integrity
All Smritis emphasize the full significance of the
integrity of the law. Shukra-nitisara says: "Judges are appointed under
the guidance of his Supreme Judge (Praadvivaka), judges, teachers and members
of the council in his council. The king places justice in this way and
according to the law resides in heaven". These provisions are important.
The king was required to dress modestly (harvesting) so that opposers would not
fear them. The code of conduct prescribed by the king when acting as a judge
was very focused and was required to be freed from all "stitches or
discriminatory" means Narada: "If the king condemns the legal
obligations (regulation) and regulates (in court), the seven good qualities
that meet seven flames in the fire" Narada confirms that when the king is
the judgment seat (dharmasanam), he must be impartial with all people, taking
the oath of the son of Vivasvan. (Vivasvan's vow is an impartial oath: Vivasvan's
son is a mother, a god of death, who is impartial for all living).
Delegation of Judicial power by
the King
As
civilization progresses, the king's activities became more and he had less time
to hear the ideas of man, and he was forced to pass his guilty profession.
Katyayana says: "If it is because of the pressure of work, the king is not
able to hear the bags from someone who should be appointed as a Brahmin judge
from Vedas."
Quality of the Judiciary: Integrity
Now
I will speak a few words about the quality of justice and the prescribed code
of conduct for judges. The main function of the judiciary was the integrity of
impartiality and lack of payment or attachment. The idea of integrity was
given a very great explanation and the judgment code of integrity was very
strong. Brihaspati says: "The judge has to decide cases without any
consideration of profit or any form of choice, and his decision must not comply
with the procedures prescribed by the text. The judge who performs his judicial
duties in this manner achieves the same spirituality as the person who makes
Yajna."
Punishment for Corruption
Crime is considered a serious
crime and all authorities have been involved in prosecuting the worst penalty
for the unfaithful judge. Brihaspati says: "The judge must be expelled
from the state when he takes a bribe and thereby destroys justice and sells the
confidence referred to by the faithful community." A deceiver judge, a
false witness, and a Brahman murderer are in the same category of criminals.
Vishnu says: "The state must take all the property of a ruthless
judge." The misbehavior of the law included discussing with their
opponents privately during the trial. Brihaspati says: "The judge or chief
justice (Praadvivaka) is discussing privately with the party before the case is
taken (anirnite), it must be punished as a corrupt judge."
Jurors
These critics or jurors had to express their views without
fear, until they disagreed with the Emperor and warned him that his opinion was
against the law and equality. Katyayana says: 'Inspectors should not look when
they see that a faithful Governor decides to dispute the law; if they quietly
tend to hell with the Lord. "The same command is repeated in the same
verse in Shukr-natalara[3].
The emperor-or-ruling judge in his absence was expected to carry the decision
of this law Shukr-nitisara says:" The king after checking that the
assessors have given their decision should give the team a winning decision
(Jaya-patra). . "
Criminal Trials
In criminal trials it seems that the question of innocence
or the trial was recommended by the judge or jurors, but the penalty amount was
left in the Lord. In the case of a Morchic test, Little Clay Court, a judge
after declaring Charudatta guilty of killing Vasantasena, discussing the
question of punishment in the Lord by saying, "The decision regarding
Charudatta's side or not guilty remains with us and our decision is binding
(Pramamam), but others are with the Lord[4]."
Evolutionary concept of law
The importance of these provisions cannot be
over-emphasized. By enacting legislation changed the Indian jurisprudence has
given the concept of physical content. In addition, it creates the idea of
evolution and denies the complete, eternal, eternal legal concept. Both
Manuel and Paranger say: "Critics rules are different than medical and
dwapara, and the rules of the kali are different than those of the past;
years-years each year according to each individual character
(yugaroopanusaratah) character."
Mode of Proof (Law of Evidence)
The mode of proof is the quality of the legal system. In
this regard, the Indian judiciary was in the forefront of any other ancient
method. In ancient societies evidence of supernatural things, such as trials by
suffering, was common. In England it was successful until the end of the Middle
Ages. But our legal system is prohibited from using surveillance devices, if
verbal or patent evidence exists.
Discovery of truth is real test
The actual assessment of any adjudication system should
give court legal recognition the truth, and ancient India is much higher than
this assessment. "The dispute the Court should make sure that it is true
and what is false to the witness," Gautam said. All available evidence
shows that in ancient India testifying falsely was considered highly hateful.
All foreign travelers of Megasthenes in the 3rd century B. C. to Huan Tsiang in
the 7th century A.D. He testified that the truth is being made by the Indians
in their voice relationships. "The truth is highly respected," writes
Megasthenes[5].
Huen and Huan Tsiang (who visited India during Harsha's reign) wrote the same.
The beauty of a thousand years was a custom.
Administrative Courts
An important aspect of the Indian
judging system was the special criminal courts called Kantakasodana Courts. The
artha-shastra says, "Three pradeshtarahs or three teachers will face steps
to stop the disturbance and peace (kantakasodhanamkuryuh). According to the
architecture the courts do not only recognize crimes against countries but for
law enforcement by managers in their official duties. retailers have used false
or legitimate tolls, or are over-charged, if a factory employee is given a fair
or inexpensive fee, Kantakasodane the relevant courts to punish those involved,
who were accused of misconduct, people accused of, criminal offenses and sexual
crimes had to appear before The same court has administrative jurisdictions,
part of the Artha-shastra.
Collection of taxes and import duties
There was a code setting rules governing the collection of
taxes and importation. The development was in charge of Superintendent General
Tax (Shulkadhyaksh). Traders in the culture had a responsibility to announce
their sales which had to be branded when they were imported. Penalties have
been set to make a false declaration. One rule predicted: "If goods do not
have a mark, their work will be doubled. But in the event of a merchant guilty,
the seller was liable for the payment of a fine eight times the normal
operation. It is responsible for the arrest of a reserved loiterers.
Judicial System in Medieval India
After the dispersion of the Harsh Empire the light of the
light came down in India's history which did not raise up until Islamic
attacks. The country was further divided into smaller kingdoms. But this did
not lead to a big change in the root system of justice during the past
thousands of years. The values and objectives of justice were maintained in
each state, despite the political structures, the development of development
was maintained, and the fundamental laws and procedures were applied throughout
the country. This is shown that the major legal comments such as Mitakshara and
Shukarneeti Sar were written at this time and enjoyed the entire Indian
mandate. But the establishment of Islamic rule in India opened a new chapter in
our legal history. Muslim conquerors brought a new religion, a new
civilization, and a new public system. This would not have a profound effect on
the judicial system.
The concept of justice for Muslims was one of the highest
places during the middle year. The Prophet himself set the standards. He said
in the Qur'an: "Justice is the theme of God in the earth where the
measurements are not partly particle or more. And he put the balance that he
should not make a mistake regarding the measurement; therefore be aware of the
right weight and not reduce the balance". It is reported that he said to
God for a moment used to collaborate with justice is better than the person who
keeps the daily routine and prays all night for 60 years[6].
Thus the administration of justice was considered by Muslim kings as a
religious obligation.
Structure
of Indian judiciary
A democratic spirit provides for each independent and high
performance within its allocated area and no higher than one. Justice should be
dealt with in courts and such treatment will follow the social, economic, political
and political stages as shown at the beginning of the legal framework and
therefore the crime is the most prominent and fundamental unit of the
constitutional mandate. The judge must take good and creative work to ensure
social and economic justice for the people[7].
Criminal Courts- Hierarchy and Procedure:
It is
often thought that the first form of punishment for acts that can be called
crime was private revenge. Rehabilitation of injuries caused by the victims or
their remaining companies that often lead to blood conduct among families,
category or races. Loss of life and property was sometimes so great that
communities began, gradually, to prevent private retaliation and to enforce
tests and legal penalties for the accused.
Indian Penal Code (I.P.C.) 1860:
The most
important criminal code, namely I.P.C. The 1860 was established and the code of
conduct was in the commission of the Criminal Procedure Code (Cr. P.C.) 1898
(later replaced by Dr. P.C. 1973). I.P.C. is particularly responsible for
various cases and details of what actions will be responsible for what they
will be able to afford or to defend or defend against payment. Cr. P.C.
provides all disciplinary hearings under I.P.C. or under any other law shall be
investigated, studied, evaluated and included in accordance with the provisions
containing the code. (4 Kr. P.C.)[8]
Different
actions say for example I.P.C. The machine provided in this code is similar to
your actions under Actions without I.P.C. However, the code is not just legal
rules, it contains provisions that have basic law, eg. to prevent cases,
retention (for children, wife, father and mother) steps under chapter IX S.
125. Some of the key areas covered by Cr. P.C. are:
The
Constitution of criminal courts is guilty.
Powers
of courts;
Arrest
of people;
The
procedure for enforcing the defendant's appearance and witnesses;
Charging
cases;
Submitting
processes;
Exams
before the Magistrate;
The
session court;
Summative
assessment;
Complaints
etc.
Our
present day criminal courts:
Current
modern courts are made up of legislation made by the legislature, which means
that the constitution, work and control are also regulated by that law.
Provisions pertaining to the establishment of criminal courts, from the lowest
to the highest, are contained in Cr. P.C.
Trial Court
High Court
Appellate
Court
A. From
the belief of the chief executive officer of the High Court
B. From
the verification and conviction of a law when the High Court is issued under
Section 134 (b) of the Constitution; in some cases the High Court under the
Supreme Court (the Energy Development Act)
CIVIL COURTS-HIERARCHY AND PROCEDURE:
High
Courts have civil jurisdiction, crime, reality and the right to apply. Where
such original rules have not been granted in the High Court, all obligations
must be included in the regional courts under the Legal Act, 1908, performed in
all state districts.
There is
a third case in civil courts in all countries. Finally the lower judge /
subordinate judge, the third category (also known as Judge (JD) and the second
class of the second judgment. In fact, it creates one class or its opposite
number Their position is very different, in addition to the High Court, First
Cluster or Political Judge (JD), which is authorized by the financial
liability, infinite in most cases, more than a Community Judge, the first
phase, the District Court or
Court of small causes:
There
are courts that are known as minor, urban, presidential courts such as Delhi,
Bombay, Calcutta and Madras (Chennai) and are governed by the Presidency Small
Causes Courts Act 1887. Small court cases are strong in any area where the
title is small, eg. in Delhi suits estimated at Rs. 1000/- and in Bombay to
measure up to Rs. 10,000 (similar to U.P. with them) can be heard by such
courts. These principles are organized by the provincial government from time
to time.
Appeals:
The
power to transfer the request was made to the top Chief Executive of the first
class in the following cases: From the law and the minority of the minority
Court. 1,000 / -. In the soil parts where the suit value does not exceed R.
250/ -; on hearing a complaint,
the court of those high judges is considered a regional court for investigation
purposes. The second appeal from those complaints complaints, however, is only
in the High Court.
Civil Procedure Code (C.P.C.) 1908:
The
process in the civil court is governed by a very clear principle called the
Code of Civil Procedure (C.P.C.), which provides for the institution of all
obligations in various educational and regional courts. Unless their law is
prohibited or abolished by any special law, the public courts are a forum to
determine any conflict of interest between individuals and government
officials, whether the Indian government or the Government of the State or any
other authority made or created by any law[9].
Nyay
Panchayat:
Another
center for the distribution of justice in the root sector is the Nyay Panchayat',
provided in the Panchayat Acts in other countries[10].
STRUCTURE OF HIGHER COURTS:
The
Supreme Court of India (the Indian Court) and the country's Supreme Court (the
country's national court) are made by the constitution and its power and powers
are properly enshrined in the Indian Constitution itself. The Constitution
provides that the High Court will reside in Delhi or elsewhere or areas as the
Chief Justice of India (C.J.I.) may be allowed by the President from time to
time. Since the commencement of the constitution, the High Court resides only
in Delhi[11].
Composition and Strength of Courts: -
The High
Court and all the High Court consist of the Chief Justice and other judges as
the President may determine the choice of. Similarly in lower courts, all
regional courts in all provinces contain a Chapter Chapter District Regional
Judge and Chapter by one person in each region where the judge conducts
Since
1986, the High Court consists of 25 judges except C.J.I. which was seven in
1950, 10 in 1956, thirteen in 1960 and seven in 1981. Apart from only three
attorneys of the Supreme Courts have been appointed as a High Court judge[12].
Personnel System of Higher Courts: -
Appointment of Judges: -
The
Constitution does not set out the qualifications for the appointment of the
Chief Justice of the Indian Judge or the High Court of the Supreme Court, but
it sets out the appointment of a High Court Judge and High Court as follows: -
High Court - the High Court of India High Court and five years experience as a
High Court judge or two or more courts respectively or,
Ten
years as a High Court attorney or two or more consecutive courts or,
From the
President's perspective, outstanding jurist;
The High
Court- Indian resident and the experience of holding the Indian field of
justice for at least 10 years, a law that serves as a representative of the
High Court, a higher administrative service - Indian nationality and seven
years in Bar and legal proceedings - Indian nationality and eligible for
membership of Council.
Jurisdiction of Courts: -
The
powers of the High Court and the High Court are defined in the Constitution and
the lower law under the Public Procedure and Criminal Procedure (as discussed
above) in general and specific circumstances. India's Supreme Court is very
powerful
A
minimum of 7 species has a sea of stars. These may be categorized as follows:
-
The
first face
Special
Rules
Capacity
Civil
Crime
Certificate
Authority
The
special face of the break
Writing
Laws
Transfer
of criminal cases
Review
the kingship
A
Special Officer
Judges
Transfer:
The
President may refer a judge to one High Court to the High Court. Before doing
so, his consultation with India's Chief Justice is necessary. The High Court
has the power to transfer any legal officer under the State.
Post
retirement/ Resignation status of Judge:
No one
has ever been a judge of the Supreme Court to prosecute or make a court
decision or before any authority within the territory of India. Similarly, no
one has been the Chief Justice of the High Court, who will apply to court or
before any authority in India except the High Court and another High Court.
Therefore, the limit applies to Judges, who have retired, resigned or removed.
Evolution of Judicial System:
From the
beginning of human history, it was realized that the powerful and the tyrants
were trying to control the weak and discouraged. In the Hindu writings this
concept is known as 'Matsaya'aba'. On the other hand, the man had never wanted
to revoke life. Obviously, he was opposed to the idea of a magnetic field.
History
says that the government program involving the judiciary varies at different
times and the two years of East and Earth. In the original context, it appears
to be necessary to assess ourselves according to the different principles of
common sense in the eastern and western province system. In ancient Hindu writings
justice is considered a tool to punish wrongdoers who act against the
established laws of society[13].
An
important point in this debate is the idea that good is an independent private
experience and that the community arrangement is right. If so, only when the
devices protect the biggest private privacy privacy.[14]
Whether
anything made against these stadiums was considered to be unfair, that is,
Christianity is alone to guide the star of justice in time[15].
The next Christian time the concept of justice has increased, and you can find
yourself from religion. The potential view of the Hindu ideology considers
justice as an asset, a transfer of consent. When we compare the natural and
eastern ideas of justice, it seems that the concept of justice in particular emphasized
two points.
1. Such nature should be protected
and preserved as is necessary for general human development and
2. Those who interfere with such
environment should be punished.
Conclusion
In this
view, it is the task of a regulatory framework to provide opportunities for
people and create such a framework for an institution that can look at any
disruption to any peaceful life of mankind. From the police perspective and
legal proceedings have been created worldwide. Police concerns have continued
to arrest people who try to dispute power and violate laws, rules and
regulations and policies. Depending on the court considerations to punish the
offenders in terms of any law at any time. As we have seen, during the
Christian days, a divided divorce court has certain authority.[16]
We have
already overstepped the fact that there were high kings in the court, the
provincial courts of Pradesh or the Darmarmhysha regional level and the most
popular and complex court as public and private. In each court as already
mentioned, dharmasthan means judges, who are usually appointed by the king. The
building remained active in American politics. It can be said that in ancient
India a complete system of judgment was applicable to district level. There are
directions in a specific area that find a court known as dharmasthan in ancient
writings[17].
Later,
the Hindu king was given the right to administer justice in England in 1644 and
thus the First Court came into existence. In other words while in the white
town the law court was still active, the black town was under the jurisdiction
of the courts. With less conversion the system continued until 1680. The 1683
company established a declaration of court in India to try an illegal trade[18].
After
obtaining sufficient information on India's stories since 1787 a major change
in community initiatives and the increase in cash Cornwallis brought together
all civil powers, criminal and criminal cases to authorize the regional collector.
It was in 1793 that Conwallis realized that the time was ripe enough to present
a judgment of judgment to Bangal, Bihar and Orissa[19].
Cornwallis tried to combine existing law. It was a sincere effort to put a law
in India.
*************************
[1] Adams,
Thomas F., Law Enforcement: An Introduction to the Police Role in the
Community, Englewood Cliffs, New Jersey, 1968.
[2] Agarwal,
B.D., ―Criminal Justice System: Is Lie Oriented‖,
Criminal Law Journal, Vol. 99, December1999.
[3] Agarwal, Rajender Saran, Crime and Punishment in New
Perspective, Mittal publication, Delhi 1986.
[4] Agarwal, Vineet: Recasting Criminal Justice System Using
Electric Current Model‖, CBI Bulletin, Vol. 8, September 2000.
[5] Agrawala, S.K. “Protective Discrimination and Backward
Classes in India” in Mohammed Imam (Ed.), Minorities and the Law (1972).
[6] Alaxander, P.J. (ed.): Policing
India in the New Millennium, Allied Publishers, New Delhi, 2002.
[7] Chakraborty, N.K.: Probation System in the Administration
of Criminal Justice, Deep and Deep Publications, New Delhi, 1995.
[8] Chambliss, William J. and
Courtless, Thomas F., Criminal Law, Criminology and Criminal Justice, Books
Code Publishing Co, California, 1992.
[9] Dayal, S.: The Constitutional Law of India (1976).
[10] Deb, R.: Police and Administration of Criminal Justice‖, CBI Bulletin,
Vol. 26, February 1992.
[11] Dharmadhikafi, C.S.: Criminal Justice System and Tribes in
India‖, Central India Law Quarterly, Vol. 1, July-September
1988.
[12] Diwan, Paras, Indian Constitution: A Document of People’s
Faith and Aspirations (1981).
[13] Ashworth, Andrew: Principles
of Criminal Law: Oxford University Press, Oxford, 1999.
[14]
Austin, Granville, the Indian Constitution – Cornerstone
of a Nation (1972).
[15] Austin: the Province of
Jurisprudence Determined (1832).
[16] Banerjee, A.C. II Indian Constitutional Documents (1948).
[17]
Basu, Durga Das: Criminal
Procedure Code, 1973, Prentice Hall of India, Pvt. Ltd, New Jersey.1997.
[18] Baxi, Upendra (ed.) K.K. Mathew on Democracy, Equality and
Freedom (1978).
[19] Bhagat, Arun: Policing Versus
Politicking‖, Civiland Military Law Journal, Vol. 37, Nos. 2 and 3, April-September
2001.
){kind=link}
0 Comments