While discussing the role of the Indian bar and the judiciary in solving the problems which face India today, it will be unsafe and misleading to rely on the example of the American, or even the British bar in all matters, though in some matters a reference to Soviet, American, and British examples may be very useful.
Indian Court History
We must go the original texts to get a true and correct picture of the legal system of ancient India. The
reader will discover from them that Indian jurisprudence was found on the rule of law; that the King
himself was subject to the law; that arbitrary power was unknown to Indian political theory and
jurisprudence and the kind’s right to govern was subject to the fulfillment of duties the breach of which resulted in forfeiture of kingship; that the judges were independent and subject only to the law; that ancient India had the highest standard of any nation of antiquity as regards the ability, learning, integrity, impartiality, and independence of the judiciary, and these standards have not been surpassed till today ; that the Indian judiciary consisted of a hierarchy of judges with the Court of the Chief Justice (Praadvivaka) at the top
Benares will for ever be linked with the memory of Daniel Corrie, first Bishop of Madras. During his Chaplaincy in Benares, which began in November 1817, he did all in his power to spread the knowledge of our Lord in that great heathen city. Under his influence Maharajah Jay Narayan Ghosal, a wealthy man, opened a High School for Indian children. It is the oldest High School in the United Provinces. The school was established, in the words of the Maharajah Narayan, “for the Name of Jesus Christ for education in English, Bengalese, Persian, and Hindi.”
And it is hereby enacted, that it shall be competent for the Government of any Presidency to issue a commission for the trial of any offences of treason, rebellion or crime against the state by one or more Judges, together with such Law Officers as shall be required or without any such Officer, according as it may be deemed expedient.
It is hereby enacted, that it shall be competent to either of the Courts of Sudder Dewanny and Nizamut Adawlut, within the Territories subject to the Presidency of Fort William in Bengal, by an Order, under the signature of the Register of such Court, to transfer to such Register the duty of preparing appealed causes for trial, and of executing the decrees and orders of the said Courts, and to authorize him to issue the necessary process, and to proceed thereupon agreeably to the Rules prescribed by the general Regulations of Government.
The Company, however, gradually established factories and acquired territories in India and for the protection of its territories and for further acquisition, it was empowered to raise an army, make war and peace and exercise governmental functions. It subsequently obtained the grant of Diwani of Bengal, Bihar and Orissa from the Emperor Shah Alam in 1765.
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