Indian Judiciary: An Independent Institution - Evolution, Establishment And Hierarchy
- IJLLR Journal
- 5 days ago
- 2 min read
M. Shivya Lakshmi, Assistant Professor, VELS School of Law, Vels Institute of Science, Technology & Advanced Studies (VISTAS), Chennai.
Divya. S, Assistant Professor, VELS School of Law, Vels Institute of Science, Technology & Advanced Studies (VISTAS), Chennai.
ABSTRACT
The Indian judicial system, as it exists today, is not a product of sudden creation but the outcome of a long and gradual process of historical evolution. It reflects the cultural, political, and administrative transformations that India has undergone through various epochs—ancient, medieval, colonial, and post-independence. In its earliest stages, justice in India was dispensed through the principles enshrined in the Dharmaśāstras and customary laws, where rulers and local assemblies played significant roles in resolving disputes. The medieval period introduced Islamic legal principles under the Delhi Sultanate and Mughal rule, leading to a fusion of indigenous and external legal traditions. However, the most profound and lasting impact on the present judicial structure came during British colonial rule, when the British introduced codified laws, established uniform courts, and institutionalized the rule of law through a hierarchical judicial system. The post-independence era marked a new constitutional vision where the judiciary assumed the role of the guardian of fundamental rights and the interpreter of the Constitution of India. The Indian Constitution, which came into force on January 26, 1950, laid the foundation for an independent and integrated judicial framework characterized by equality before law, judicial review, and the separation of powers. The Supreme Court and the High Courts emerged as central institutions ensuring justice and the protection of democratic values. Today, the Indian judiciary continues to embody both its historical legacy and its constitutional mandate. It stands as a robust pillar of the world’s largest democracy, entrusted with the vital function of administering justice, upholding the rule of law, and maintaining the balance between individual rights and state authority. Thus, the modern judicial system represents a synthesis of India’s long legal evolution and its enduring commitment to justice and equity.
Keywords: Hierarchy, Judiciary, institution, Evolution
