ABSTRACT
A study of the conditions in which a system of law was introduced in British India affords an interesting basis of comparison with the conditions in which such a system was introduced in Africa. The source of legal authority which existed when we first established our rule in India was that of the Moghul Empire, under which there was a sufficiently well recognized system of law, following in the main the procedure of Muslim law, but allowing private and domestic rights to be regulated by the customary law based on the religion of the two great communities in the country. In the main, therefore, the British law-giver was able to accept the existing system: his task was limited to the improvement of the criminal law, the enlargement and regularization of the ordinary civil law, while allowing private rights as before to be regulated by customary law, and finally the substitution of a more impartial and better controlled personnel in the judiciary. The task was the easier because the administration was able from the first to enlist well-qualified Indians as associates or subordinates in the judicial establishment. It is one of the essentials in the construction of a legal system that it should not merely be complete / in the technical sense, but should command general acceptance as laying down standards regulating normal behaviour. The Indian population had arrived at a stage of civilization which made it readily accept the new legal and judicial system; the introduction of an impartial and independent judiciary was in itself a great political asset in securing acquiescence in British rule. It is, on the other hand, a fact that the British in their effort to secure a uniform system of law resorted extensively to the method of codification, which was perhaps premature in certain respects, especially in regard to the law of ‘Contracts’ and ‘Evidence’ and ‘Judicial Procedure’, and it is generally acknowledged that the rigidity of the system which resulted, and the large element of technicality involved in the administration of justice, has had some unfortunate results.
