Genesis of Judiciary in India

     Indian judiciary is a single integrated system of courts for the union as well as the states, which administers both the union and state laws, and at the head of the entire system stands the Supreme Court of India. The development of the judicial system can be traced to the growth of modern-nation states and constitutionalism. During ancient times, the concept of justice was inextricably linked with religion and was embedded in the Inscriptive norms of socially stratified caste groups. Caste panchayats performed the role of judiciary at the local level, which was tied up with the religious laws made by the monarchs. Most of the Kings’ courts dispensed justice according to ‘dharma’, a set of eternal laws rested upon the individual duty to be performed in four stages of life (ashrama) and status of the individual according to his status (varna). The King’s power to make laws depended on the religious texts and the King had virtually no power to legislate ‘on his own initiative and pleasure’. Ancient state laws were largely customary laws and any deviation from it or contradiction from dharma was rejected by the community. In medieval times, the dictum ‘King can do no wrong’ was applied and the King arrogated to himself an important role in administering justice. He became the apostle of justice and so the highest judge in the kingdom. Perhaps, the theory of institutionalism guided justice, manifesting gross arbitrariness and authoritarianism.