History Of Courts

Shorts Answers.

1. Choultries

Choultry courts were a system of courts in India during the British colonial period.
They were established in the Madras Presidency and were used to settle disputes between
indigenous people. The choultry courts were different from the regular courts in that they
were staffed by native officers, who acted as judges. These judges were typically educated in
Hindu or Muslim law and had experience in resolving disputes in their respective
communities.

The choultry courts were established to provide a forum for the settlement of disputes that did
not involve large sums of money. They dealt with a range of civil and criminal cases,
including breach of contract, debt recovery, and theft. The choultry courts played a significant
role in the administration of justice in rural areas where the British legal system was not fully
established.

However, the choultry courts were criticized for being corrupt and lacking in impartiality.
They were also accused of being biased in favor of the wealthy and influential members of
society. Despite these criticisms, the choultry courts continued to operate until the Indian
legal system was reformed in the 19th century.

2. Moffusil Diwani Adalat

Moffusil Diwani Adalat was a court of law established by the East India Company in
the late 18th century to address the need for a judicial system in rural areas of India. It had
jurisdiction over civil cases involving disputes between Indians, as well as cases involving
British citizens and Indian subjects. The court was presided over by a judge appointed by the
British government and assisted by local assessors familiar with local customs and traditions.
The Moffusil Diwani Adalat played a vital role in resolving disputes and promoting justice in
rural India. However, the court had its limitations and was eventually replaced by a more
centralized system of justice established by the British government. Nonetheless, the Moffusil
Diwani Adalat was an important institution in the development of the Indian legal system,
and its role in promoting access to justice in rural areas remains significant in the history of
India.

3. The Mayor's Court

The Mayor's Court was a court of law that was established during British rule in
India, primarily in the cities of Calcutta, Madras, and Bombay. It was created to address the
growing need for a judicial system to deal with the commercial disputes that arose between
European merchants and Indian traders. The Mayor's Court had jurisdiction over civil and
criminal cases, with the authority to enforce British law in the cities where it was established.
The court was presided over by a judge who was appointed by the British government, and it
operated on the basis of English law. The Mayor's Court played a significant role in the
development of the Indian legal system, and it helped to establish the foundation of the
modern commercial and civil law in India. However, the court was abolished in 1864,
following the establishment of the High Courts in India.
4. The Rule of Law.

The rule of law is a fundamental principle that is essential to any democratic society.
It refers to the idea that everyone, including governments and public officials, is subject to the
law and must abide by it. The rule of law ensures that laws are applied equally and fairly to
all individuals, regardless of their status or position in society. It also provides a mechanism
for resolving disputes and conflicts in a peaceful and orderly manner. The rule of law is a
cornerstone of democracy, human rights, and social justice, and it helps to promote stability,
security, and economic development. In a society that upholds the rule of law, there is greater
trust and confidence in the legal system, and individuals are more likely to respect the law
and participate in civic life.

5. Dyarchy

Diarchy was a system of government that was introduced by the British during their
rule in India. It was established through the Government of India Act of 1919 and was
implemented in certain provinces of British India. Under diarchy, the provincial government
was divided into two parts: the 'reserved subjects' were controlled by British officials, while
the 'transferred subjects' were managed by Indian ministers. The transferred subjects included
education, health, agriculture, and local self-government.

The diarchy system aimed to give Indians a greater say in the administration of their
own affairs and to gradually introduce them to the idea of self-government. However, the
system was widely criticized for being ineffective and impractical. Indian ministers lacked
the necessary authority and control over resources to carry out their duties effectively, while
British officials retained ultimate control over the reserved subjects. The diarchy system was
eventually abolished with the passage of the Government of India Act of 1935, which
introduced a new system of provincial autonomy.

6. Vakils

During the reign of Akbar the Great in the 16th century, the legal profession in India
was dominated by a class of professionals known as "vakils". Vakils were lawyers who
represented their clients in courts of law and provided legal advice to the public. They were
highly respected and held in high regard for their legal knowledge and expertise.

Vakils were trained in the Islamic legal system and were well-versed in the principles of
Islamic law. They were often appointed by the Mughal emperor or other government officials
to serve as judges or legal advisors. Vakils also played an important role in society, as they
were often called upon to mediate disputes and settle conflicts between individuals or
communities.

Under Akbar's rule, the legal profession flourished, and vakils were highly sought after by
members of the public. They were known for their impartiality, fairness, and adherence to the
principles of justice. The legacy of the vakils of Akbar's era can still be seen in the legal
profession in India today, and their contributions to the development of the legal system in
India are widely recognized.

7. abolition of Sati
 Sati, also known as "suttee", was a practice in India where a widow would immolate
herself on her husband's funeral pyre. The practice was deeply rooted in Indian tradition and
was seen as a way for the widow to prove her devotion and loyalty to her husband. However,
the practice was also seen as a form of violence against women, as it was often coerced or
forced upon widows.

The British East India Company first attempted to ban the practice of sati in the early 19th
century, but their efforts were met with resistance from the Indian population. However, in
1829, the Governor-General of India, Lord William Bentinck, passed a law banning the
practice of sati throughout the British territories in India. The law made it a criminal offense
to practice, support, or encourage sati, and it imposed severe penalties on those who did.

The abolition of sati was a significant step in the fight against the subjugation and oppression
of women in India. While the practice still persists in some parts of India today, the ban on
sati set an important precedent for the protection of women's rights and the promotion of
gender equality.

8. Cossijurah Case

The Cossijurah case was a significant legal case that took place during the British rule
in India in 1795. The case involved a dispute over the ownership of a piece of land in the
village of Cossijurah in present-day West Bengal. The dispute was between two claimants,
one of whom was a wealthy landlord named Raja Nobin Krishna and the other a poor peasant
named Gour Mohan.

The case was heard in the British Court of Circuit in Calcutta, and it attracted widespread
attention due to the stark differences in social status between the two parties involved. The
presiding judge, Sir William Jones, delivered a landmark judgement in favor of the poor
peasant, citing the principles of justice and fairness. Jones held that the land in question
belonged to Gour Mohan and that the landlord had no legal claim to it.

The Cossijurah case was significant as it highlighted the growing influence of British law and
justice in India and paved the way for the development of a modern legal system. It was also
a precursor to the Indian independence movement, as it demonstrated the potential for Indian
citizens to receive fair treatment under British law. The case was widely reported in the media
at the time, and it sparked a public debate about the nature of justice and fairness in British
India.

9. Sadar Nijamat Adalat

Sadar Nijamat Adalat was a court system established by the British East India
Company in India during the colonial period. It was set up to deal with criminal cases,
particularly those involving serious offenses such as murder and treason.

The court was presided over by a British judge and was designed to be a court of appeal for
cases that had been heard by lower courts in the British territories in India. It was also
responsible for hearing cases involving British subjects and was seen as a symbol of British
authority in India.
The establishment of the Sadar Nijamat Adalat was significant in the development of the
British legal system in India. It marked a shift away from traditional Indian legal systems and
towards a more modern and standardized approach to justice. However, the court system was
not without its critics, and there were concerns about its impartiality and its treatment of
Indian subjects. Despite these concerns, the Sadar Nijamat Adalat remained an important
institution in India until the end of the colonial period.

10. Muffasil Fouzdari Adalat

The Muffasil Fouzdari Adalat was a type of court system established by the British
East India Company during the colonial period in India. It was set up to deal with criminal
cases and was presided over by a British judge. The court was designed to operate in rural
areas of British India and was intended to be a court of first instance for cases involving
serious criminal offenses.

The Muffasil Fouzdari Adalat was significant in the development of the British legal system
in India, as it was designed to be accessible to rural populations that had previously had
limited access to formal legal systems. However, the court system was not without its critics,
and there were concerns about the treatment of Indian subjects and the impartiality of British
judges.

Despite these concerns, the Muffasil Fouzdari Adalat remained an important institution in
India until the end of the colonial period and paved the way for the development of a more
modern and standardized approach to justice in the country.

11. Lord Cornvallis

Lord Cornwallis, full name Charles Cornwallis, was a British soldier and statesman
who served as Governor-General of India during the colonial period. He was appointed to the
position in 1786 and held it until 1793.

Cornwallis is best known for introducing a series of administrative and judicial reforms in
India, including the establishment of the Cornwallis Code, which aimed to improve the
efficiency and impartiality of the legal system. He also introduced measures to reform the
civil service and reduce corruption in the administration of British India.

Cornwallis played a key role in the British defeat in the American Revolutionary War and
later served as a diplomat in Europe. In addition to his military and political career, he was
also a noted patron of the arts and sciences and was involved in several scientific societies.

Despite his contributions to the development of British India, Cornwallis was also criticized
for his harsh treatment of Indian subjects and for his role in the suppression of the Mysore
rebellion. Nevertheless, his legacy as an administrator and reformer in India remains an
important part of the country's history.

12. Law reforms in british India

During British rule in India, a series of significant law reforms were introduced that
aimed to modernize and standardize the legal system in the country. These reforms were
designed to ensure the efficient and impartial administration of justice in India and to provide
greater legal protection for Indian citizens.
Some of the key law reforms introduced during this period included the establishment
of new courts, such as the High Courts and the Supreme Court of India, the introduction of
new laws such as the Indian Penal Code and the Criminal Procedure Code, and the
introduction of legal education and training programs for judges and lawyers.

These law reforms played a significant role in shaping the modern Indian legal system
and laid the foundation for the development of a more independent and democratic judiciary
in the country. However, they were also criticized for their limited scope and for the fact that
they often reflected the interests of the British colonial administration rather than those of the
Indian people.

13. Enrolment of Advocates

Enrolment of advocates refers to the process of registering lawyers to practice law in a

particular court or jurisdiction. In India, the enrolment of advocates is governed by the
Advocates Act of 1961, which established a system for the regulation of legal education and
the admission and practice of advocates.

Under the Advocates Act, advocates must meet certain educational and professional
requirements before they can be enrolled to practice law. These requirements include
completing a recognized law degree program, passing a bar examination, and completing a
period of apprenticeship under an experienced lawyer.

Once these requirements have been met, advocates can apply for enrolment with the Bar
Council of India or the state-level bar council. After enrolment, advocates are licensed to
practice law and can represent clients in court proceedings.

The enrolment of advocates is a crucial part of the legal system in India, as it helps to ensure
that lawyers have the necessary education and training to provide high-quality legal services
to clients and uphold the rule of law in the country.

14. Judicial System under charter of 1753

The Charter of 1753 was an important document that established the foundation for
the judicial system in British India. Under the charter, a Supreme Court was established in
Calcutta, which had jurisdiction over all civil and criminal cases in the region.

The Supreme Court was headed by a Chief Justice and several other judges, who were
appointed by the British Crown. The court had the power to hear appeals from lower courts
and to issue writs of habeas corpus and mandamus.

In addition to the Supreme Court, several other courts were established under the Charter of
1753, including the Mayor's Courts and the Provincial Courts. These courts were responsible
for administering justice at the local level and were staffed by a combination of British and
Indian judges.
Overall, the Charter of 1753 was an important step towards the establishment of a modern,
centralized judicial system in British India, and its legacy can still be seen in the structure of
the Indian legal system today.

15. Act of Settlement 1781

The Act of Settlement of 1781 was an important legal document that sought to address
issues related to property ownership and inheritance in British India. The act was primarily
designed to clarify the rights of British subjects in India and to ensure that their property
rights were protected.

Under the Act of Settlement, British subjects were granted the right to own and inherit
property in India. The act also established rules for the administration of estates, including the
appointment of executors and administrators to manage the affairs of deceased persons.

One of the most significant aspects of the Act of Settlement was its impact on the legal status
of women in British India. The act recognized the rights of women to own property and to
inherit from their husbands, which was a significant departure from the prevailing patriarchal
norms of the time.

Overall, the Act of Settlement of 1781 was an important step towards the establishment of a
more equitable and just legal system in British India, and its legacy can still be seen in the
laws and customs of the country today.

16. The courts of Municiff

The courts of the Munsiff were a type of local court that was established in British
India to address civil and criminal disputes at the local level. These courts were presided over
by a Munsiff, who was appointed by the British government and had jurisdiction over a
specific geographical area.

The courts of the Munsiff were responsible for handling a wide range of legal matters,
including disputes related to land ownership, debt recovery, and personal injury. These courts
were designed to be accessible to the local population, and they were staffed by a mix of
British and Indian judges, lawyers, and court clerks.

One of the key features of the courts of the Munsiff was their emphasis on mediation and
conciliation. Judges in these courts were encouraged to work with litigants to find mutually
acceptable solutions to their disputes, rather than simply imposing legal rulings on them.

Overall, the courts of the Munsiff played an important role in the administration of justice in
British India, and their legacy can still be seen in the decentralized, community-focused
approach that is characteristic of many legal systems in the region today.

17. Justice, Equity and good Conscience.

"Justice, Equity, and Good Conscience" is a legal doctrine that originated in English
law and has been adopted in various forms by many legal systems around the world,
including in India. This doctrine essentially means that a court should consider not only the
strict letter of the law but also broader principles of fairness, reasonableness, and moral
values when making legal decisions.

The concept of "Justice, Equity, and Good Conscience" is based on the idea that the law
should be just and equitable and that it should reflect the underlying moral values of society.
This doctrine provides a way for courts to address cases where the strict application of the
law may lead to an unjust or inequitable result.

In India, the doctrine of "Justice, Equity, and Good Conscience" has been incorporated into
various legal codes and is recognized as an important principle of the Indian legal system. It
provides a framework for judges to make decisions that are guided by principles of fairness
and reasonableness, which helps to ensure that the law is applied in a way that is consistent
with the values and needs of society.

18. First Law Commission

The First Law Commission of India was established in 1834 by the British
government to review and make recommendations for the reform of the Indian legal system.
The Commission was chaired by Lord Macaulay, a prominent British statesman and historian.

The main goal of the First Law Commission was to create a unified and modern legal system
for India that would be consistent with British legal principles. The Commission was tasked
with reviewing existing laws and legal practices in India, as well as drafting new laws and
legal codes that would better serve the needs of the Indian people.

One of the most significant accomplishments of the First Law Commission was the drafting
of the Indian Penal Code, which became the basis for the criminal law system in India. The
Commission also worked on several other legal codes and laws, including laws related to
contracts, property, and evidence.

Overall, the work of the First Law Commission played a significant role in shaping the Indian
legal system and establishing the foundation for modern Indian law.

19. Admiralty Court

An Admiralty Court is a specialized court that handles maritime and admiralty law
cases. These courts have jurisdiction over disputes related to maritime commerce, including
contracts, shipping, salvage, and other matters related to seafaring activities.

In British India, Admiralty Courts were established in several port cities, including Bombay,
Calcutta, and Madras, to handle disputes related to shipping and maritime commerce. These
courts had the power to issue judgments and enforce decisions related to maritime law,
including the arrest of ships and cargo.

The jurisdiction of the Admiralty Courts was later expanded to include cases related to
marine insurance, maritime liens, and other matters related to sea voyages. These courts
played an important role in shaping the development of maritime law in India and in
establishing a legal framework for regulating commercial activities on the high seas.
Today, Admiralty Courts continue to play an important role in many countries with a
significant maritime industry, including India. They provide a specialized forum for resolving
disputes related to maritime law and ensuring the proper regulation of maritime commerce.

20. Second Law Commission

The Second Law Commission of India was established in 1853 by the British
government to continue the work of the First Law Commission and to further reform the
Indian legal system. The Commission was chaired by Sir John Romilly, a prominent British
lawyer and politician.

The main focus of the Second Law Commission was to continue the work of the First Law
Commission in codifying and reforming Indian law. The Commission was responsible for
drafting several important legal codes, including the Indian Contract Act of 1872, the Indian
Evidence Act of 1872, and the Indian Penal Code Amendment Act of 1870.

The Second Law Commission also made significant recommendations for the reform of the
judicial system in India, including the establishment of a hierarchy of courts and the
separation of the judiciary from the executive branch of government.

Overall, the work of the Second Law Commission played a significant role in modernizing
and reforming the Indian legal system, and many of the legal codes and recommendations
made by the Commission continue to influence Indian law today.

21. Separation of Powers

Separation of Powers is a political doctrine that divides the powers of government

into three distinct branches - legislative, executive, and judicial - each with its own powers
and responsibilities. This separation is designed to prevent any one branch of government
from becoming too powerful and to ensure that each branch can act as a check on the powers
of the other two branches.

In this system, the legislative branch is responsible for making laws, the executive branch is
responsible for implementing and enforcing the laws, and the judiciary branch is responsible
for interpreting the laws and resolving disputes related to their application. The three
branches are intended to function independently of each other, with each having its own
powers and limitations.

The concept of separation of powers has played a critical role in the development of modern
democratic governments and the protection of individual rights and freedoms. It is a key
feature of many constitutional democracies around the world and is seen as a cornerstone of
democratic governance.

22. Independent of Judiciary

Independence of judiciary refers to the ability of judges and the judicial system to
make decisions free from external influence, coercion or control. An independent judiciary is
one that is free from political or other external pressures, and is able to make impartial
decisions based solely on the law and facts of the case.
The independence of the judiciary is critical to maintaining the rule of law and protecting
individual rights and freedoms. An independent judiciary ensures that all individuals,
regardless of their status or political affiliations, are treated fairly and equally under the law.
It also prevents the government and other powerful entities from exerting undue influence
over the judicial system, and helps to ensure that the judiciary remains impartial and
objective.

In many democracies, the independence of the judiciary is enshrined in law and protected by
constitutional provisions. These provisions may include measures to safeguard judicial
appointments, tenure and removal, as well as financial and administrative independence.
Such measures are essential to ensuring the integrity of the judiciary and preserving the
public's trust and confidence in the justice system.

23. Indian Council Act 1861

The Indian Councils Act of 1861 was an important piece of legislation passed by the
British Parliament during the British Raj in India. The Act expanded the size and scope of the
legislative councils established under the earlier Government of India Act of 1858.

Under the 1861 Act, the number of members in the councils was increased, and for the first
time, non-official members were allowed to participate in the legislative process. The non-
official members were appointed by the provincial governments and were drawn from the
Indian community. However, the majority of the members were still British officials.

The Act also introduced a system of indirect election, under which some members of the
councils were elected by local bodies, such as municipalities and district boards. This system
gave limited representation to the Indian community but did not provide for universal adult
suffrage.

Overall, the Indian Councils Act of 1861 was an important step towards greater political
representation for Indians, although it fell short of providing for a fully democratic system of
government.

24. Principle of Ancient Indian System

The ancient Indian legal system was based on several principles, some of which
continue to influence the modern legal system in India. These principles include:

1. Dharma: This is a broad concept that encompasses religious, moral, and ethical values.
Dharma was seen as the basis of all laws and governed all aspects of life, including social,
economic, and political relationships.

2. Equality before the law: The ancient Indian legal system recognized the principle of
equality before the law, which meant that all individuals were subject to the same laws and
could seek justice in the courts regardless of their social status.

3. Customary law: Customary law was an important source of law in ancient India, and was
based on the customs and traditions of the community.
4. Judicial process: The ancient Indian legal system placed great emphasis on the judicial
process, which was seen as a means of resolving disputes and dispensing justice.

5. Judicial independence: The ancient Indian legal system recognized the importance of
judicial independence, and judges were expected to be impartial and unbiased in their
decisions.

These principles continue to shape the modern Indian legal system and are reflected in the
Indian Constitution and other laws.