EVOLUTION OF LAW

In the primitive stage of any society, rules exist in the form of customs
and usages. These evolve and develop with the growth of the society.
As the society progresses, the impact of predominance of the State
authority and positivist approach to law denounces the supremacy of
religion. The State then codifies these rules and ensures their
obedience by way of sanctions. After the society is politically
organized and the said rules are recognized by the State, it goes on to
make new rules which are termed as “statutes” or “legislations”. For
their enforcement, judicial system is established by the State. Its
function is to interpret these statutes and also, to determine and
decide disputes accordingly. In subsequent cases based on similar
facts, these decisions are considered as authoritative and are called
“precedents”. Therefore, the law of a State is the amalgamation of
custom, legislation and precedent.

GROWTH AND DEVELOPMENT OF LAW IN INDIA

The Indian history of law and religion reveals that in ancient times
law was a part of religion. It was based on traditions, culture, ethical
values, morals and human conscience. The ancient Hindu view was
that, law is the command of God and not of any political superior or
sovereign. Thus, the ruler was not only bound to obey it but also
under a duty to enforce it. Law was considered to be conceived of a
legal order based on what was termed as “Dharma”. There are two
interconnected ideas in the term “Dharma” namely, foundation in
revelation and conduciveness to welfare. Codification took place in
the form of “Dharmashastras”. The “Dharmashastras” contained
elaborate principles of moral and righteous conduct, which the
people in general were supposed to follow in their day to day life and
the violation of which was attended with religious sanctions rather
than the judicial punishments. The Hindu view was given at a time
when there was no clear cut distinction between law, morals and
religion. It may therefore be said that, moral and religious injunctions
were mingled up with legal precepts during the ancient period.

With the establishment of British rule in India, the country was

introduced to the legal philosophy and law existing in Britain, with
necessary modifications to suit the local Indian conditions. The
enforcement and administration of law was mainly placed in two
categories namely, civil and criminal justice. Retribution was
considered to be justified for correcting the wrongdoer and deterrent
and preventive punishments were deemed necessary for the
maintenance of law and order in the society.

The Indian independence in its wake brought about a radical change

in the Indian social order as well as the laws of governance of the
country. The Indian Constitution which came into force with effect
from 26th January 1950 envisaged a just social order securing to all
citizens of India the following:
 Justice: social, economic and political
 Liberty of thought, expression, belief, faith and worship
 Equality of status and of opportunity
 Fraternity assuring dignity of the individual
India being a developing country inhabited by people belonging to
different casts, creed, religions and speaking different languages,
preferred a democratic form of political set up as a welfare state.

It may be concluded by saying that in modern times, law, in most

parts, has been secularized. It has grown into an independent branch
of social science.