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As against this, the British created a new system of laws. They introduced
regulations, codified the existing laws and systematised and the laws
were now open to judicial interpretations and subsequent amendment.
Through the Charter Act of 1,833, all law making authority was vested in
the Governor General-in-Council. In the same year, a Law Commission
was appointed. Headed by Lord Macaulay, it prepared the Indian Penal
Code which was applicable throughout the country. Thus, there came into
being, for the first time, a set of laws which included into its fold every
Indian.
The two main theoretical principles underlying the entire judicial system
were the notions of the Rule of Law and Equality before law.
The Rule of Law for India was an integral part of utilitarian thinking on
Law. They posited the Rule of Law as the possible solution to the three
main problems:
Tremendous discretionary power in the hands of the individuals who
were likely to misuse it
Lack of definition of individual rights, and
The existence of a large body of unwritten laws without any clear
direction.
The Rule of Law meant that the administration was now to be carried out
strictly according to certain laws which defined the rights, privileges and
obligations of the people, and not according to the personal desires of the
rulers. Even the official, and those who supervised law, were in theory,
accountable to the same set of laws and could be brought before a court
of law for violating any law. The law once formulated, could place
restrictions on the actions of the rulers. However, the laws formulated and
interpreted were such that they contained enough space for the oppression
of the people.
Equality before Law
Legal system under the British was based on the concept of equality
before law. Previously, the judicial system was based in such a way that
high-born castes got preferential treatment from the courts. Zamindars
and nobles were also not judged as harshly as the commoner.
In Companys administration, justice became quite expensive and cases
were not decided even during the lifetime of the suitors. Poor people had
to suffer during this long-drawn legal battle as the rich could turn the
laws in their favour. The protracted litigation and widespread prevalence
of corruption in the administrative machinery often led to the denial of
justice. In pre-British days, the system of justice was comparatively
informal, speedy and inexpensive. The new judicial system under the
British marked a step forward as it was based on rational and legalistic
principles. In reality total equality before law could not possibly be
implemented. However, it did bring about a national equality among
Indians.
Conclusion
However, the judicial system introduced in India did have the merit of
saving in motion the process of the unification of India. The British
formulated and used the idea of legality as an instrument of controlling
India. But in the 20th century, the same instrument of legality was to be
used by the leaders of the national movement to defend civil liberty and
right to challenge government authority within the limits of law.