From which source India got the concept of Single order of the court?

Asked 11-Jan-2018
Updated 09-Sep-2023
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The concept of a single order of the court in India can be traced back to the influence of British legal traditions and the colonial legacy of British rule in India.

1. British Colonial Influence: The introduction of the concept of a single order of the court in India can be primarily attributed to British colonial rule. The British colonial administration imposed its legal system on India during the period of British colonial rule, which lasted for nearly two centuries.

2. Common Law System: India inherited the common law legal system from the British. The common law system, developed in England over centuries, places significant importance on the principle of judicial precedent. Under this system, decisions made by higher courts are binding on lower courts. This concept is a fundamental aspect of the common law tradition.

3. Doctrine of Precedent: In the common law system, the doctrine of precedent, often referred to as "stare decisis," is crucial. It means "to stand by things decided." This doctrine holds that lower courts must follow and adhere to the legal principles and decisions established by higher courts. As a result, decisions of higher courts serve as binding precedents for lower courts.

4. Judicial Hierarchy: The Indian legal system, modeled after the British system, features a hierarchical structure of courts, with the Supreme Court at the apex, followed by various high courts and subordinate courts. This hierarchy ensures that decisions made by higher courts are legally binding on lower courts within their jurisdiction.

5. Legislation and Codes: The British colonial administration also introduced various legal codes and statutes in India, such as the Indian Penal Code, the Code of Civil Procedure, and the Indian Evidence Act. These codified legal procedures and practices, emphasizing the importance of adherence to a single order of the court.

6. Legal Education and Professionals: The British established legal education institutions and training programs in India, producing a cadre of legal professionals well-versed in British legal traditions and the concept of a single order of the court.

While India gained independence from British colonial rule in 1947, it retained many elements of the inherited legal system, including the concept of a single order of the court. This concept continues to be an integral part of India's legal framework, shaping the functioning of its judiciary and the application of precedents in the administration of justice.