INDIAN
JUDICIAL SYSTEM FROM THERE TO HERE!!!
Man is a social animal and he
enjoys living in a society and can function well only if he lives in society
only. For the smooth running and functioning of the society certain rules are
needed and it’s at most necessary to follow, obey and respect it. The rules
followed from ancient times till date is known as law.
1947 before Indian independence,
we were under the rule of British. The
ancient Judiciary System followed law and rules according to the British Parliament,
i.e. colonial rule, barter system. Later due to the struggle of our freedom
fighters we finally became free from the rule of British on 15th August
1947. Our independent judiciary system came into existence on 26th
January 1950.
There are various levels of
judiciary system in India depending upon their own powers and positions. Till today,
the types of court which are operating in India are Supreme Court, High Court,
District Court and Magistrate of second class and civil division at bottom.
The ancient judicial system followed the simple
and single law to deal with different situations/crimes but later it became
difficult for the Indian Judiciary to distinguish the crime and its punishment,
so to make the crime and its punishment easy to recognize, in 1860 the Indian
Penal Code was enacted. It was enacted on 6th October 1860 and was
commenced on 1st January 1862 with 511 sections and 23 chapters. The
only motive behind the same was to make the Indian Judiciary more strong and
active.
The sections under INDIAN PENAL CODE (IPC) kept on amending time
to time as per the need and requirement of the law .
The ancient Judiciary system
dealt with punishment of same time, due to enactment of INDIAN PENAL CODE(IPC) offences are divided in bailable and non
bailable too , the punishment are given as per the crime committed.
The judiciary System along with its codification
helped the law to run smoothly. The judiciary system first was followed and
obeyed all over the India except Jammu & Kashmir, later after the
abolishment of the Article 374, the same codification was applicable to the
state of Jammu & Kashmir.
The ancient judiciary system was
completely dependent on the paper work, an Advocate had to go to the court to
check his /her hearing date or the status of the case, but today the judiciary
system has adopted the technology. Today even sitting at the home or in his chamber
an Advocate is able to connect with its case updates.
The ancient judiciary had difficulty
in recognizing the offences and its punishment but thanks to Indian Penal Code,
now it has become very easy to classify the offences and its punishments.
Ancient Judiciary was dependent
on a single law but later the law were developed and were divided in different
types of law like Civil, Criminal, Property, Family and IT which also made the
judiciary system modern, easy and developed.
The amendment of the sections under Indian Penal
Code (IPC) also made the judiciary more relevant and easy to tackle modern law
problems and hence acts like POSH ACT 2013 that has made a workplace more safe
for women, POSCO ACT that has given children a safe environment to stay in
society, Transgender Act 2019 which has given the Transgender people an
environment of self-respect and self- esteem.
The present situation of COVID 19,
the judiciary system is dealing with the urgent matters through video conferencing,
Skype and many more. Not only the people
are becoming modern day by day but also our Judiciary system is turning modern
to make the work easy for all of us.
The Head Hierarchy of Judiciary
System is Supreme court which was
established according to the Regulating Act 1773, later it established in year
1774 in Kolkata. Later it was established as Federal Court, but it came into
establishment as Supreme Court under Government of India act on 28th
Jan 1950 in New Delhi. It is highest court in India. It works at the country
level.
The second most hierarchy of Judiciary
system is High Court which was established according to Indian High court act
1861 at three different place that are Kolkata , Madras and Bombay. In year
1862 another high court was established in Allahabad in year 1866. Later in
year 2013, three more high courts established in Meghalaya , Manipur and Tripura . In all
there are 24 high court at present . It works at state level.
Due to development of various
courts , the justice and the punishment at district level became more easy .
This way the INDIAN JUDICIARY
changed from there to here and we dream of a digitalized Judiciary in future on
which our Government is working right now.
Comments
Post a Comment