Laws and the Judicial System – Policy The Present Judicial System – Narrative .

NARRATIVE:

The Rising India Party mandate is to carry out a Comprehensive Review and Audit of The Country’s Judicial System Including Its Criminal Law Code, Civil Law Code, Corporate Laws and Personal Law Code that has been left behind by the British and continue to apply in our country with little change in the past 71 years since independence.

The judiciary is in dire need of overhaul across its entire functioning; from its staffing levels from the lower courts including the District courts up to the High Courts and even the Supreme court and including the manner in which the entire legal system is managed. There is urgent need to reform the Indian Civil and Penal Code, as both are antiquated, again, still working to the Codes set up by the British to serve their need to Rule rather than to administer to the best interests of the Indian public. The party mandates this as an Urgent matter to be attended to as soon as it is enabled through its winning elections and gaining government or to campaign for such changes while it is not in power.

The entire legal system that is in place in India, is still being run to the laws and systems that were conceived, set and implemented by the foreign ruling British government. Many of these laws were written in the 18th 19th and up to the 20th century, to 1946 or so even as they were departing. All of these laws were designed with the interests of the then foreign ruler British government in mind, with the purpose of keeping Indians suppressed and divided in all key areas of society.

Moreover, these laws were set within the Western ethos, values, social mind and thinking, with no concern for our social or civilizational ethos and narrative which was discarded as “inferior”; and were, in fact, written to counter and neutralize our ancient civilizational ethos and narrative; our very Soul was destroyed with focused aim and target, and all governments since independence have done absolutely nothing to examine and change these, often draconian laws, thus far. This is largely because each government has had a vested interest in maintaining these in the past and these very laws allow them to perpetuate their “foreign-Indian” rules over the people of India; or at best, have not had the depth of mind available within their ruling and bureaucrat elites to even recognize these huge dichotomies within the governing system that impact negatively on the life and welfare of the I.

While these laws may have worked for the interests of the foreign power, they have definitely demolished Indian society and created huge stress (Tanav) and a sense of threat (Tana-Shahi) amongst the population; a threat that the British needed to keep the population in line, but one that serves no purpose now, except that of the current rulers in protecting themselves, lining their pockets and perpetuating their power regardless of whether they are serving he Indian public interest or not. Thus, in reality, we are still ruled by a foreign power, but with Indian faces.

The following extract from the Bar Council of India website amply illustrates the state of play of the current Indian legal system:

The party if elected would immediately suspend all the laws that have been set up by the British except in so far as the criminal law is concerned, especially with regard to violence, theft, robbery, rape and so on. 

Law in British-ruled India

The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company.  The company was granted charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay and Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded substantially after its victory in Battle of Plassey and by 1772 company’s courts expanded out from the three major cities. In the process, the company slowly replaced the existing Mughal legal system (Authors note: which was essentially a composite of the Indian civilizational legal system they found when they came and settled) in those parts.

Following the First War of Independence in 1857, the control of company territories in India passed to the British Crown. Being part of the empire saw the next big shift in the Indian legal system. Supreme courts were established replacing the existing mayoral courts. These courts were converted to the first High Courts through letters of patents authorized by the Indian High Courts Act passed by the British parliament in 1862. Superintendence of lower courts and enrolment of law practitioners were deputed to the respective high courts.

During the Raj, the Privy Council acted as the highest court of appeal. Cases before the council were adjudicated by the law lords of the House of Lords. The state sued and was sued in the name of the British sovereign in her capacity as Empress of India.

During the shift from Mughal legal system, the advocates under that regimen, “vakils”, too followed suit, though they mostly continued their earlier role as client representatives. The doors of the newly created Supreme Courts were barred to Indian practitioners as right of audience was limited to members of English, Irish and Scottish professional bodies. Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which opened up the profession regardless of nationality or religion.

Coding of law also began in earnest with the forming of the first Law Commission. Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also drafted by the same commission. Host of other statutes and codes like Evidence Act (1872) and Contracts Act (1872).

At present, the whole judicial system in the country is running to the Laws set by the erstwhile British Ruler, and furthermore is extraordinarily backlogged with crores of cases at every level, from District Courts to High Courts to the Supreme Court. Some of these have not been decided for over a generation, more than 20 years. Despite this, successive governments, for reasons best known to them, have maintained huge vacancies in judicial appointments. Cases take extraordinarily long time to be attended to due to multiple reasons, chiefly amongst them is understaffed judicial courts, and un necessary litigation coming before the legal system when many could be sorted out elsewhere within our civilizational narrative.

Piles of old and new case files are stacked to the roof, gathering dust, and the system is totally in a state of disarray and dis- organization that inhabit almost every court complex of the country as testimony to the shoddy functioning of our judicial system; and factually demonstrate the state of play of our Legal system and Judiciary.

Touts populate the premises and the environs of every court in the land. Fake witnesses (Gawaha’s) are in line to appear before a presiding judge for payment of a fee, and the same witness, appears for multiple cases, magically before the same judge with no comment or a blind eye to blind justice. Everyone is aware of the rot in the system, and everyone smiles, winks and goes on while the ordinary citizen-in-pain runs from pillar to post, unless, of course, one is rich and influential, in which case, magically there are hearings and decisions. If anyone dares question this phenomenon or the functioning of a plethora of corrupt judges, they are thrown in jail; the judges and system hiding behind the very laws that the British wrote to protect their own, with no accountability to the people that they supposedly serve justice to.

For thousands of years, the Indian civilization has functioned extremely well within the secular Laws and principles set by many of our Philosopher Kings and vast empires, wherein as seen within recorded history, notably Emperor Ashoka’s rule of the Mauryan Empire as captured in the Stupas or Ashoka pillars, are visible to this day; and he inherited these from his predecessors, who in turn inherited these from the ancient Rishi-Munis of this great land.

It is notable, and these laws were all rooted in and within the principles of natural law, from an understanding of the nature of nature, and designed to reduce stress and threat for the population within the principles of natural justice, fairness, equity and balance. These were underpinned within the frame of the extended family or joint family social system wherein many civil and social issues and disputes that would rise in families and “near-society” were placed between the families of the concerned people with some arbitration or interventions from friends or distant relatives and were discussed threadbare and usually sorted out one way or the other to the satisfaction of the concerned parties, often before the matters came before the State for it to hear and adjudicate.

It is an observable phenomenon even today within the entirely corrupt narrative of the manner in which the police functions, that a lot of issues brought to the police station end up getting resolved within the same principles, without any FIR being registered, except that there is a pecuniary benefit to the police station officer and his colleagues. The civilizational narrative is still alive in the country.

It is the stated position of The Rising India Party, that the Laws that govern Indians cannot be those framed by foreign powers or to the narrative of other countries and other civilization or social narrative.

The Rising India Party furthers takes the positions and states that the State or government has no business being involved in the personal or social lives of people, or in petty civil matters, unless the concerned parties approach the State after making due efforts to resolve matters within their extended family and social ambit; including within the arbitration frame along lines defined by the State. The Rising India Party also asks the government and people of India as to why the people are living under laws framed by the foreign British power and under their social and value system and not our own narrative which is not only very strong and powerful in its own right, but which actually influenced the world, including the western world for more than two thousand years? Why do our leaders continue to push a foreign system on us?

A legal system framed to our civilizational history, one based on principles of natural justice; of dispute resolution within our frame to sort out petty conflicts and civil matters, locally, quickly and to the satisfaction of the concerned parties to the dispute, will go a long way in de-stressing the public and decongesting the Civil Court system so that the courts can then attend to larger and more substantive matters that are discussed and defined in this document.

Within this structure, all petty civil disputes and matters, in the first instance, would rest in the social domain; in “courts” of  the people, comprising groups to include the immediate and extended families of the concerned parties, with third party arbitration based approved panel of nominated lawyers in each area acting as the recorders of the proceedings and arbitrators as well as members of the public and where appropriate, an appointee of the State, including police personnel and those trained in and practicing law, from the contiguous area of dispute, who would not know the concerned parties, but would have power to adjudicate within the frame of arbitration, before such matters come before the State and the Judiciary.

Within this narrative or frame, it is entirely possible, even today to set a legal system that is balanced, fair, equitable and takes into account the Indian civilizational ethos, and not the Western one, which governs us today, as it did before independence, and becomes the means to clear the backlog of cases and reframe the Legal system such that people get justice within defined time frames and in a balanced manner that clearly delivers and is seen to deliver balanced and true justice. This would reduce the Tanav and Tana-Shahi in Indian society immediately the move is made and completed to the new-old system. Such a move would have global impact.

On winning elections, The Rising India Party government will undertake the following actions to reset and re-frame the Indian Legal System and the Laws that would govern the people of India.

These proposed laws will be the subject of a Targeted Referendum and would be placed before the public to vote upon with the view to arriving at a broad consensus of how India and Indians are to be governed by their own Laws; not British ones, as is the case now.


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