Ph.D. Scholar at Department of Legal Studies and Research, Barkatullah University, Bhopal, M.P., India
Professor & Head at Department of Legal Studies and Research, Barkatullah University, Bhopal, M.P., India
The roots of the present lie deep in the past. This is also true in the case of present Indian Judicial set-up as it is under the Indian Constitution. So, I think it desirable to analyse and give a brief account of Judicial administration at higher level during British period in India-keeping in mind the paramount importance of an independent Judiciary. Specially during the East India Company's rule in India, the judiciary was subservient to the executive. The company gave lesser importance to the judicial independence, fair justice and rule of law. It was interested in the expansion of its trade and territorial possession and it was in favour of protecting its interest even at the cost of justice. If at any time a separate judicial body was established that was put under the thumb of the executive. The voice of the judicial independence was suppressed without least hesitation. But after independence it was thought of to establish a modern independent judiciary, of course not on the basis of Montesquieu philosophy separation of power but devising the power between different organs of Government and balancing the power. Thus, present judiciary enjoys not only the power to interpret the Constitution of India but also to provide complete justice by establishing the rule of law.
International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 860 - 875DOI: https://doij.org/10.10000/IJLMH.113635
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