From where is the single system of courts adopted in the Constitution of India? (A) Government of India Act, 1935 (B) Government of India Act, 1919 (C) Indian Councils Act, 1909 (D) Government of India Act, 1858

Points to Remember:

  • The Indian Constitution’s structure is influenced by various historical acts.
  • The single integrated judicial system is a crucial feature of India’s constitutional framework.
  • Identifying the source of this feature requires understanding the evolution of India’s judicial system.

Introduction:

The question asks about the origin of India’s single integrated judicial system within the Constitution. This system, characterized by a Supreme Court at the apex and subordinate courts at various levels, is a cornerstone of India’s legal framework. Understanding its origins requires examining the historical evolution of India’s governance and legal structures, particularly the various Government of India Acts passed during the British Raj. The correct answer will pinpoint the specific act that laid the groundwork for this unified system, which was then adopted and further developed by the Constitution of India.

Body:

Tracing the Evolution of the Indian Judicial System:

The Indian judicial system didn’t emerge overnight. It evolved gradually under British rule, with various acts shaping its structure and functioning.

  • Government of India Act, 1858: This act primarily transferred the governance of India from the East India Company to the British Crown. While it initiated reforms, it didn’t establish a unified judicial system in the way we understand it today. The judicial structure remained largely fragmented.

  • Indian Councils Act, 1909 (Morley-Minto Reforms): This act introduced some limited Indian participation in the legislative councils but didn’t significantly alter the fundamental structure of the judicial system. The focus remained on administrative and legislative reforms rather than judicial restructuring.

  • Government of India Act, 1919 (Montague-Chelmsford Reforms): Similar to the 1909 Act, this act primarily focused on expanding legislative councils and introducing dyarchy (dual governance) in provinces. It did not fundamentally change the existing fragmented judicial system.

  • Government of India Act, 1935: This act is considered a landmark in the development of India’s judicial system. It established a federation with a strong central government and a system of High Courts in the provinces. Crucially, it laid the foundation for a single integrated judicial system by establishing a clear hierarchical structure with the Federal Court at the apex. This Federal Court later became the Supreme Court of India after independence. The Act also provided for the establishment of a unified judicial service.

Analysis:

While previous acts introduced reforms, the Government of India Act, 1935, was the first to establish a truly integrated judicial system with a hierarchical structure culminating in a Federal Court. This structure, with its inherent principles of unity and hierarchy, was adopted and further refined by the Constitution of India.

Conclusion:

The single integrated system of courts adopted in the Constitution of India finds its roots in the Government of India Act, 1935 (Option A). This act, while enacted during British rule, laid the crucial groundwork for the unified judicial structure that India possesses today. The Constitution of India further developed and strengthened this system, ensuring its independence and upholding the rule of law. The establishment of this unified system was a significant step towards a more just and equitable society, reflecting the constitutional values of justice, liberty, and equality. The continued strengthening and modernization of this system remain crucial for ensuring access to justice for all citizens and upholding the integrity of the Indian legal framework.

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