IJOART Volume 5, Issue 2, February 2016 Edition

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Judiciary of Independent India : Expectations Ahead[]

The judicial or legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of the society. It is therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. In the case of India the legal system is still alien to the majority of the Indian's whose legal culture is more indigenous and whose contact with the formal legal system is marginal if not altogether non-existent. The language, technicality and procedure of the inherited legal system are indeed factors, which limit access to justify for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and constitution offer opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given into themselves on the 26th January, 1950. Perhaps it is the consequent understanding of law and its relation to society that prompted the founding fathers to devote the energy required to form a Constitution of unprecedented magnitude, in both scope and length. The judiciary in India, even under the British, was noted for its integrity and independence but after independence it was made doubly secure so that it can become in reality the most impartial arbiter of the conflicts and controversies which fall within its jurisdiction.

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