OUR JUDICIARY

B R AGARWALA

About the Author:

B.R.Agarwala(1926-1992), an eminent jurist himself, studies history and sociology and then

turned to law. In 1995, he won the prestigious Sir Jamshedji Kanga Golden Jubilee Memorial

Prize from Bombay University. In 1958 he was called to the Bar (Lincoln’s Inn) and soon after,

started his practice at the Bombay High Court. A year later, in 1959, he enrolled as an advocate

with the Supreme Court of India where he practised as a senior partner of a leading firm of

solicitors till he passed away.

BOOK REVIEW OF THE BOOK:

This book ‘Our Judiciary’ written by B.R.Agarwala published by National Book Trust, India

in the year 1993, traces the development of the judiciary in India from ancient times to the

present day. This book deals about various aspects and the extract of it will be mentioned

further.

Historical Background

The main aims of the administration of justice are two-fold: the search for the truth and the

attempt to make people abide by the rules of law. In ancient India justice was administered

according to the Smritis and was one of the most important and obligatory functions of a King.

Ancient Indian jurists devoted a great deal of attention for evolving a law governing the

administration of justice. The different kinds of courts in ancient India were Kula (gatherings

or family council), Shreni (corporation), Gana (area assembly), Adhikrita (courts appointed by

the King) and Nripa (courts of the King). The king’s court, Chief Justice, judges and their

qualifications, administration of law, Dharmadhikarana (Hall of Justice), responsibilities of

King as the Highest court, Kautilya’s concept of justice, local and territorial courts have been
discussed. The development of the judicial system under the Mughals can be divided into three

periods: the period preceding the reign of Akbar, the period comprising the reign of Akbar,

thereafter until the advent of British rule. Judiciary during the British period went through a

great change. The Englishmen entered as traders through English East India Company and

brought in the whole system of judiciary under their control. Various Royal Charters are being

discussed clearly through which gradually EEIC gained power. Birth of High Courts in India,

Reconstitution of Criminal Courts under the Code of Criminal Procedure 1872, Indian Hugh

Courts Act 1911 are explained including the Federal court, which is now known as the Supreme

Court.

Courts in India: Indian Penal Code 1860, Criminal Procedure Code 1893, our present-day

criminal courts, hierarchy of criminal courts and their procedure, executive magistrates, powers

of the chief judicial magistrates and executive magistrates. The hierarchy and procedure of civil

courts along with appeal, court language, Civil Procedure Act 1908, suits against Foreign States

and Governments. The complete details about the Supreme Court (the Apex court) and High

courts are further detailed.

Tribunals and Commissions: Central and State administrative tribunals, members of the

tribunal, appeals and other tribunals under Article 323B. CERAT: Parliament passed the

Customs and Excise Revenue Appellate Tribunal Act in 1986 and MRTP: The Monopolies and

Restrictive Trade Practices Commission are detailed. The Competition Commission of India

(CCI), Commission for the Protection of Consumers, trial by court martial, customs, excise and

gold appellate tribunal, cooperative appellate courts, election commission, family courts,

Foreign Exchange Regulation Act, 1973, (FERA), Appellate tribunal for Smugglers’ Forefited

Property, Income-tax Appellate tribunal, Industrial tribunal, Railways Rates tribunal, Terrorists

and Disruptive Activities tribunal, Motor Accidents claim tribunal, Workmen’s Compensation

Act are explained clearly.

Arbitration, Lok Adalats, Panchayats, Public Interest Litigation, Lawyers, Cost of litigation

and Problems of the Judiciary are elaborately explained.

This book is very handy with simple language which adds to the benefits for the readers. The

book has precisely covered all the topics relating to our judiciary in the past and also in the

present. It will definitely be very useful for new learners of law, as it's very simple for any

reader to understand.

In this book, I liked the portion dealt with ‘Lawyers’. It elaborates how

lawyers/barristers/advocates/solicitors are the most important officers of the court, Rule (1)(a)

of Bar Council of India which explains the do’s and dont’s of a senior advocate, Professional

Misconduct and action against lawyers: There is a general feeling that lawyers are above law

and once the case is handed over to them, they can conduct the case in any manner or commit

acts or omissions which amount to misconduct, the Disciplinary Committee on receipt of any

news of misconduct about the advocate, can make any of the following orders: dismiss the

complaint, reprimand the advocate, suspend the advocate from practicing for such period as

the Committee deems fit, in case of very serious offence proved the name of the advocate is

removed from the State Roll of Advocates. The order of the State Bar Council Disciplinary

Committee can be appealed to the Bar Council of India and the final appeal is to the Supreme

Court. The standards of the advocate can be maintained by following the great tradition of the

Bar and by maintaining high standards of value, learning and advocacy and not by cultivating

relations with judges.