India has a single unified and integrated judicial system. The Judiciary is an organ of the government that administers justice, settles disputes, interprets laws, protects fundamental rights and acts as the guardian of the Constitution. "The excellence of the judiciary is a measure of the excellence of the government."
1. Basic Definitions
- Law: a system of rules imposed through a government or institution to govern people.
- Judiciary: the system of courts which administers justice in the name of the State.
2. Judiciary in Ancient and Medieval India
Ancient Period
- Justice was linked with religion; the king was regarded as the fountain head of justice.
- Kings' courts dispensed justice according to 'dharma' (righteousness and duty), a set of conventional laws that governed the individual and the society.
- Smritis included Manusmriti, Naradasmriti and Yajnavalkya smriti.
- The republics of Ganas had their own system of law; there were Kulika courts. Among the Vajjis, a board of eight Kulikas investigated criminal cases. Appeals went from Kula courts to Gana courts.