The legal history or judicial system consists of the chronological evolution and expansion of a legal system, which includes an investigation of the judicial administration system that exists in a given country in its historical context. It is commonly understood that the success of the judicial system depends on two fundamental factors: the existence of a specified hierarchy of courts that follow a primary procedure and a well-defined system of law that is consistently applied throughout the country. Thus, ‘Courts’ and ‘Laws’ are two crucial justice tools. Only by the enforcement of sound laws can impartiality in the administration of justice be preserved.
As a result, the subject of the Indian Judicial System’s legal history primarily deals with the process of progressive evolution and development of “Courts” and “laws” in chronological order.
It has been correctly said that “law” is a dynamic notion that evolves from time to time and place to meet the demands and conditions of a specific civilization that is constantly evolving and expanding with the growth of human understanding and civilization.
Human society’s history teaches us that “the roots of the present lay in the past.” This is also true of legal institutions.
The courts and laws that we have today result from years of testing and design. As a result, to grasp India’s current judicial system, it is required to go into the recorded history of its evolution and development.
Our Constitution provides a single integrated system of Courts for the Union and the States to administer both Union and State legislation, with the Supreme Court of India at the top of the system. The Supreme Court is followed by the High Courts of several states, and beneath each High Court are subordinate courts,’ that is, courts subordinate to and under the supervision of the High Court.
The top court in the state is the High Court, which was established by Article 214 of the Constitution, which states that each state should have a High Court. Currently, the country has 21 High Courts. Each High Court is composed of a Chief Justice, and as many additional justices as the President of India appoints from time to time.
The Supreme Court of India is at the apex of the legal system, followed by High Courts at the state level. In the country, there are 21 High Courts. Subordinate District Courts exist at the District level.
The judicial system is composed of subordinate courts, which constitute the first layer of the overall judicial hierarchy. In general, civil matters are handled by one set of Hierarchy of Courts known as Civil Court, and criminal cases are handled by another set of Hierarchy of Courts known as Criminal Courts. The Civil Procedure Code (CPC) governs civil court authority, whereas the Criminal Procedure Code (CPC) governs criminal court authority (Cr.pc).
The Supreme Court is the highest court in India, and it was formed on January 28, 1950, under Article 124(1) of the Indian Constitution. Article 124 (1) states in this regard, “there must be a Supreme Court of India consisting of the Chief Justice of India and until Parliament, by legislation, prescribes a considerable number of not more than seven judges.” The number of judges of the Supreme Court was increased to 31 by a 2009 amendment, including the Chief Justice.
The Supreme Court conducts all of its hearings in English. The Supreme Court’s seat is in Delhi, and its hearings are accessible to the public.
India’s legal and judicial history dates back over 5000 years. In terms of chronology, the origins of the Indian Judicial System may be traced back to the Anglo-India era, when the Judicial System was in its infancy. The Regulating Act of 1773, passed by the British Parliament, is regarded as a watershed moment in the evolution of India’s judicial system.
The Privy Council’s jurisdiction over Indian appeals ended on January 26, 1950, with the creation of the Supreme Court.
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