The judiciary was introduced by the British when they took over the rule of the country. Did this result in equal treatment of indians? Give reasons for answer.
Answers
The Judiciary, Legislature and Executive are the three pillars on which the effective functioning of the Government rests. A balance as opposed to conflicts is very necessary to achieve the ultimate public welfare and smooth functioning of the constitutional machinery. India, on the contrary, bears the supremacy of the Constitution where the powers of the Parliament are circumscribed within the four walls set by the Constitution and yet provides for striking a balance between the various pillars without any encroachment on each other’s area and providing effective governance.
Judicial review encompasses the power of judiciary to review actions of legislative and judiciary thus enshrining the principle of Rule of Law and maintaining separation of power principle at the grassroots level.
Thus, the main frame within which the judiciary limits are circumscribed consist of judicial review of administrative and legislative actions and scrutinizing several constitutional amendments in the light of constitutional provisions thereby protecting the sanctity of the Constitution and protecting the fundamental rights of the citizens.
Judicial review is a strong tool to keep a check on public bodies and rendering their accountability if their decisions or policies go outside the powers that have been specified in the Constitution. It maintains effective checks and balances by controlling unriddled, arbitrary or unjust acts taken on behalf of the Executive and the Legislature.
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Answer:
in india, people used to follow laws based un local customs and traditions before the British book over the rule of India. With the coming of British administration, the judiciary also came along to ensure that the laws were being followed. in 1793, the Bengal Regulation was introduced where some of the old traditions and customs of both Hindus and Muslims alike were written down in the form of laws.
It was during the time of Warren Hastings and Lord Cornwallis that the judicial system was given a proper shape. Civil courts as well as criminal courts were set up; a law commission was appointed and the principle of the Rule of Law was established ensuring that every citizen of India, irrespective of caste or creed was treated with equality.