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Abolish Jury System

By Mahendra Gill

Published In

Air 1959

There is a vigorous move already afoot to abolish trial by jury. The Bombay High Court has expressed itself in favour of such abolition and has sent its recommendation to the Central Government to enable it to take up proper legislation to amend the Code of Criminal Procedure. One need not go behind the considerations that may have gone in support of the introduction of jury system. It is a matter of historic and academic interest. It is certain however that this system which still prevails in India was introduced by the English rulers. England is a notoriously traditional country and once a particular tradition happens to be developed it is adhered to reverently. That is the reason why even up to the present time we have in England a separate branch of law, known as equity, and separate tribunals — the Chancery Division — to administer it as contradistinguished from the Common Law and the statute law. The same spirit is seen at work when we find a queer mixture ....

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