Structure Of Indian legal System Flashcards
What was the traditional dispute resolution system in rural India before British judicial influence?
The traditional Panchayat system, where community issues were resolved by village elders and respected businessmen called Mahajans.
What role did Panchayats play in ancient Indian dispute resolution?
Panchayats resolved disputes by considering local conditions, customs, and practices, emphasizing intimacy and community ties.
What were the main features of the informal dispute resolution system in rural India?
- Wider participation
- Paternalism
- Flexibility
- Innovativeness
- Emphasis on compromise
- Hierarchy
How was justice administered in ancient Indian communities?
Justice was imparted through adjustment rather than judgment, aligning with the community’s cultural ethos and moral values.
What is the term used in ancient Indian legal literature to denote disputes or lawsuits?
Vyavahara.
What was the king’s role in the administration of justice in ancient India?
The king was responsible for administering justice according to the rules of law or Dharma laid down in smritis.
What are the two broad categories of ADR mechanisms available in India?
- Applicable throughout the country
- Available at the state/UT level
What are Lok Adalats?
People’s courts established to provide a supplementary forum for conciliatory settlement of disputes.
What significant legislative act gave statutory status to Lok Adalats in India?
The Legal Services Authorities Act, enacted in 1987.
What is the main function of Nyaya Panchayats?
To resolve petty civil, criminal, and revenue cases through a process of conciliation and mediation.
What does the 73rd Amendment of the Indian Constitution pertain to?
It pertains to the organization and powers of village Panchayats as units of self-government.
What is the significance of the Gram Sabha in relation to Panchayats?
It serves as the village assembly for every Panchayat.
What historical documents outline the procedures for dispute resolution in ancient India?
Smritis.
What is the role of the Supreme Court in the Indian judicial system?
It is the apex court established to oversee the judicial system and ensure the enforcement of fundamental rights.
What is the structure of subordinate courts in relation to the district administrative units?
Each state/UT is divided into districts, which are further divided into taluks or tehsils, corresponding to the court structure.
