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Indian Journal of Law and Human Behavior

Volume  4, Issue 1, January-June 2018, Pages 97-106
 

Review Article

A Glimpse of Indian Judiciary: Traditional and Modern Approach

Tulishree Pradhan

Assistant Professor, KIIT School of Law, Bhubaneswar, Odisha 751024, India

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4118.12

Abstract

  Courts and court procedure exercise great fascination for the general public and, with the increasing complexity of our societies, most of us find ourselves taking recourse to the courts at one time or another in our lives. Today the administration of justice is not confined to traditional civil and criminal courts. During the last half century or so, a large number of tribunals, commissions, etc. have come into existence which dispense justice in various types of disputes and grant relief that is not available in the traditional courts. These include, for example, the Monopolies Commission, Consumers Courts, etc. One of the important characteristics of civilized societies is how their inhabitants settle disputes peacefully. Where there is peace, there is progress. If people get justice, they will remain content. If they fail to get justice, they will revolt. A plausible combination of analytical and doctrinal research has been followed as methodology in order to give a proper shape to this article. Analytical research is involved in-depth study and assessment of available information as an attempt to explain complex phenomenon. Here, the author has used facts or information already available and analyzed these to make a critical consideration of the facts. The purpose of this article is mainly to place India’s present day judicial system and its history before the general public in simple language and to acquaint ordinary people with the civil, criminal, and other courts and tribunals. The author has attempted here to give a picture of the Indian judiciary-its evolution, as it exists today, and its various functions from the perspective of Indian mythology. The article does not trace the evolution of civil or criminal law or procedure; rather it looks at the development of the judiciary in India from ancient to modern times. This article is meant for lay persons. The author has tried to present the information in simple, accessible language, while retaining its authenticity. There is a great deal of criticism these days on the functioning of various courts, the inordinate delays, the high costs of litigation, the honesty and integrity of judges, lawyers, and the officials/staff of the courts, as well as of political interference in the judicial process. The author has refrained from joining the chorus except pinpointing such complaints in the concluding remarks. 

Keywords: Administration of Justice; Indian Mythology;
Administration of Law.



Corresponding Author : Tulishree Pradhan Assistant Professor, KIIT School of Law, Bhubaneswar, Odisha 751024, India