'Judiciary of Indian Subcontinent Essay\r'

'The founder legal and legal arranging of Bangladesh owes its origin mainly to two hundred years British regulating in the Indian Sub-Continent although few elements of it are remnants of Pre-British conclusion tracing back to Hindoo and Moslem judicatory. It passed finished various stages and has been gradu entirelyy developed as a continuous historical process. The process of evolution has been parti each(prenominal)y indigenous and partly foreign and the legal ashes of the present day emanates from a mixed system which has social organisation, legal principles and concepts modeled on both Indo-Mughal and incline law. The Indian sub-continent has a cognise history of everywhere five hundred years with Hindu and Muslim periods which preceeded the British period, and each of these early periods had a classifiable legal system of its own. The Hindu period extends for virtually 1500 years before and after the beginning of the Christian era.\r\nThe ancient India was div ided into several autarkic states and the pansy was the Supreme authority of each state. So far-off as the administration of justice was concerned, the king was considered to be the fountain of justice and was entrusted with the Supreme authority of administration of justice in his kingdom. The Muslim period starts with the aggression of the Muslim rulers in the Indian sub-continent in 1100 A.D. The Hindu nancedoms began to disintegrate gradually with the invasion of Muslim rulers at the end of eleventh and at the beginning of twelfth part century. When the Muslims conquered all the states, they brought with them the theory based o n the Holy Quran, their religious book. According to the Holy Quran, sovereignty lies in the hand of Almighty Allah and the king is His necrose servant to carry out His will on the earth. The ruler was Almighty’s chosen divisor and trustee. The modernization of ancient Indian legal and judicial system took place in the hand of the British people who came here as being affair company under a series of purple withdraws.\r\nEast India Company gradually accomplished harbor and possession over Bombay, Madras and Calcutta which were later on known as Presidency Towns. Ultimately the Company participated in administration of justice in co-operation with the local authorities. The Charter of 1726 issued by King George-I, by way of granting garner Patent to the Company, was the frontmost gateway to introduce English legal and judicial system in India. subsequent on, Charter of 1753 was issued by King George-II with a hatful to remove the defects of the Charter of 1726. To improve the system, the secret deputation of House of Commons intervened, and passed the Regulation solve, 1773 under which the King issued a separate Charter of 1774 establishing the Supreme motor hotel of judicature at Calcutta. Subsequently, Supreme addresss were established in Madras in 1801 and in Bombay in 1824. In 1853, the first Law Com mission was established in India and an all India legislature was created whose laws were to be binding on all Courts.\r\nEast India Company was dissolved and the governing body of India was taken over by the British Crown in 1858, following the event of mutiny in 1857. The cultivated affair Code, deplorable outgrowth Code, Penal Code, essay Act, etc. were enacted and with this common legal fabric, the British parliament in 1861 enacted Indian spunky Courts Act which provided for the fundamental law of High Courts in three Presidency Towns (Calcutta, Bombay & vitamin A; Madras) replacing the Supreme Court. After the establishment of High Courts a regular hierarchy of Civil and abominable Courts were established by Civil Courts Act, 1887 and Criminal Procedure Code, 1898 respectively. The present system of Civil and Criminal Court, in Indian sub-Continent has their legal basis by impartiality of these Civil Courts Act, 1887 and Criminal Procedure Code, 1898 respectively. T he British fantan declared India & Pakistan as independent dominions on 15 August, 1947 by the Indian Independence Act, 1947.\r\nThis Act also provide that until the new Constitutions were framed for independent India & Pakistan, the Government of these two countries were to run by the Government of India Act, 1935. Judicial structure mostly remained the kindred as it was before 1947. The Government of India Act.1935 changed the structure of the Government from unitary to that of federal type. Accordingly, in both India and Pakistan federal official Court was retained to function until new constitutions were framed. Pakistan component Assembly passed the privy council (Abolition of Jurisdiction) Act, 1950 which abolished the system of appeal to the unavowed Council from the Federal Court of Pakistan.\r\nThe Federal Court appeared as the highest Court in Pakistan till 1956, when the High courts in the provinces and the Supreme Court of Pakistan in the centre were establish ed under the new Constitution. In Pakistan, the constitution of 1956 was abrogated in 1958 and another one was introduced in 1962, but the consentient judicial structure remained all the same. After spark in 1971, Bangladesh adopted its Constitution in 1972, which provides the structure and functioning of the Supreme Court comprising with the High Court Division and the Appellate Division. Needless to say that in Bangladesh the sub-ordinate judiciary both in Civil and Criminal side originated from Civil Court Act, 1887 and Criminal Procedure Code, 1898. Apart from this, in Bangladesh there are some other particular(prenominal) laws providing for the basis of some special courts, such as labor court, Juvenile Court, administrative tribunal etc.\r\n'