G. Sreenitya, Shrishta Rao & Kalakuntla Prathyusha, B.B.A. LL.B., Symbiosis Law School, Hyderabad, Symbiosis International University, Pune
“Society in India has always been very complex. Diversity of culture, religion, philosophy and political thought has been the essence of India.”
The Britishers where more keen in focusing on there economic development and prosperity of there wealth hence they weren’t much concerned about the requirements of Indian society. As Before 1947, the Indian legal system was stagnant, outdated, and hostile to social justice and change. In order to achieve the goals of British rule Human dignity was mercilessly suppressed. Due to this, judges, attorneys, and jurists were indifferent to Indian citizens interests.
As per the theory of John Austin “law was the command of the British Sovereign.” The British people were quite impartial , and they carried out justice according to their laws. The concept of Master- Servant relationship was established widely. Only in 1947 the Indians realised the dawn of new era with the passing of Indian Constitution. The foundation of Rule of Law. Good governance and respect for each others culturalism was begun. Two layers in the society were formed a layer of formal positive law and another layer of socio religion customary legal practice. Public law refers to the formal legislation passed by the government's organ, which was strictly and rigidly positivist in its approach.
The Indian judiciary opposed the British idea of autocracy in the legal system and created new mechanisms in order to reconcile the opposing needs of society. This move was made possible in large part by the initiatives of Indian judges like Krishna Iyer, P.N. Bhagwati, and others who rejected Anglo-Saxon jurisprudence as being anti-people, harsh, malignant, and a smuggling system that was foreign to the genius of the country.
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