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Legal Pluralism

This document discusses two aspects of legal pluralism: 1) The existence of multi-faceted judicial powers alongside extra-judicial powers exercised by administrative bodies at the local level, using Panchayats in India as an example. 2) Justifying legal pluralism from a cultural perspective, as legal rights cannot be separated from society, and it promotes democracy by accommodating different personal laws. Pluralism acknowledges differences and the co-existence of multiple legal systems. In India, Panchayats play both an administrative and judicial role in delivering justice at the local level, representing a colonial legacy.

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Madhav מאדהאו Agarwal
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50 views1 page

Legal Pluralism

This document discusses two aspects of legal pluralism: 1) The existence of multi-faceted judicial powers alongside extra-judicial powers exercised by administrative bodies at the local level, using Panchayats in India as an example. 2) Justifying legal pluralism from a cultural perspective, as legal rights cannot be separated from society, and it promotes democracy by accommodating different personal laws. Pluralism acknowledges differences and the co-existence of multiple legal systems. In India, Panchayats play both an administrative and judicial role in delivering justice at the local level, representing a colonial legacy.

Uploaded by

Madhav מאדהאו Agarwal
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Pluralism is acknowledging the existence of differences. c



   essentially promulgates the idea of the existence of multiple
legal systems, networks or ideas within the same geographical space.
This paper would broadly deal with two aspects of pluralism with
respect to democratic ideas. Firstly, the existence of multi faceted
judicial powers with respect to the practice of extra judicial powers by
administrative bodies that exist at the grass roo t level in the systems of
administration across the world with special reference to the system of
|     in India.
The second point of view that we are going to be taking in favor of legal
pluralism would be justifying it from a cultural point of vi ew. Since the
legal rights and law in its strict sense cannot function independent of the
society we would be concentration on promulgating the idea of legal
pluralism and its colonial origin. We totally support the view that
pluralism just a furtherance of the principle of democracy and in no way
is contradictory or oxymoronic to the same. This can be seen from the
existence of personal laws across legal systems across the world.
Pluralism is a phenomenon where there exist more than one methods of
doing a certain thing. Similarly in the current context as far as the
question of the system of delivery of justice is concerned, pluralism
plays an absolutely essential role because in India for instance, these
Panchayats that are mainly administrative bodies tha t were brought
about with the purpose of bringing about the concept of µlocal
democracy in India¶ do more than just playing administrative roles. They
play the role of the delivery of justice alongside the existence of lower
courts like district courts and alongside their duties as administrators.
This system of Panchayats in India is a colonial legacy.

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