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July 2024

March of Law and Judiciary

By Amit Desai, Senior Advocate
Reading Time 17 mins

INTRODUCTION

As we celebrate 75 years of our independence, it is a time to remind ourselves of our times gone by and the institutions of Governance set up to protect people and societies. The Judiciary is one such critical Institution of Governance.

The judiciary in India has a rich and complex history, marked by significant transformations from the ancient era through colonial rule to the contemporary period. This evolution has seen the judiciary adapt to changing socio-political landscapes and technological advancements. The Indian judiciary is often regarded as one of the most independent, innovative, progressive, and powerful judicial systems in the world. It plays a critical role in maintaining the rule of law, upholding democratic principles, and shaping public opinion in the country.

The history of the Indian judiciary dates back to ancient times, when village assemblies and local panchayats served as the primary adjudicating bodies. The earliest document throwing light on the theory of jurisprudence, which forms part of practical governance, is the Artha Shastra of Kautilya dating back to circa 300 B.C. In medieval India, this changed and as custodians of justice, the Muslim rulers made the Sharia court subservient to their sovereign power.

But the rulers also set up a Court

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