Development of Judiciary Under British

The Regulating Act of 1773 was a British parliamentary legislation that reformed the Indian administrative and judicial systems, establishing the Supreme Court in Calcutta, separating powers and codifying laws marking a significant milestone in Indian history.Here are some key aspects of its influence –

• The Regulating Act established the Supreme Court of Judicature at Fort William in Calcutta (now Kolkata) which was the first highest court of appeal in India. This marked the beginning of a formal western style judicial system in India.
• The Act introduced the concept of separation of powers between the executive, legislative and judicial branches of government. This separation helped to establish the independence of the judiciary and ensured that it was not subject to the whims of the executive.
• The Regulating Act led to the codification of laws in India. The British government began to compile and codify Indian laws which helped to establish a uniform system of justice. This process ultimately resulted in the creation of the Indian Penal Code (IPC), the Code of Civil Procedure (CPC) and the Code of Criminal Procedure (CrPC).
• The Regulating Act paved the way for the expansion of the judicial system in India. As the British Empire expanded its territories in India, new courts and judicial institutions were established. This expansion helped to establish a more comprehensive and organized judicial system.
• The Regulating Act of 1773 played a significant role in shaping the Indian judiciary. Its legacy can be seen in the modern Indian judicial system which is based on the principles of independence, impartiality and separation of powers. The Act’s impact on the development of the Indian judiciary has been profound and lasting.

Western legal principles refer to the concepts of rule of law, due process, individual rights, equality and justice, rooted in European and Anglo American legal traditions and philosophies since ancient times.The introduction of Western legal principles in India during the British colonial period had a significant impact on social reforms in the country. Some key influences include –

1. The British banned the practice of Sati (widow immolation) in 1829 citing Western legal principles of human rights and dignity.
2. The Hindu Widow’s Remarriage Act (1856) and the Hindu Succession Act (1956) were influenced by Western legal principles aiming to improve women’s rights and social status.
3. Western legal principles influenced the enactment of laws like the Untouchability Offences Act (1955), which aimed to eradicate caste based discrimination.
4. The introduction of Western legal principles led to reforms like the Indian Women’s Rights Act (1935) and the Hindu Marriage Act (1955) which improved women’s rights in marriage, inheritance and property.
5. Western legal principles influenced the development of modern Indian law, with the introduction of concepts like rule of law, due process and individual rights.

These reforms had a lasting impact on Indian society by shaping the country’s social, cultural and legal landscape.

The British established a judicial system in India by introducing Western law, codifying laws and setting up a hierarchical court structure, replacing traditional Indian legal practices and authorities.The establishment of the British judicial system in India significantly altered traditional legal practices in several ways –

• British law replaced traditional Indian laws such as Hindu and Muslim personal laws, in many areas including criminal law, contract law and property law.
• The British codified Indian laws creating a uniform system of justice. This replaced the traditional system of jurisprudence based on customs, traditions and religious texts.
• A hierarchy of courts was established with the Supreme Court at the apex. This replaced the traditional system of dispute resolution through village councils (panchayats) and religious authorities.
• English became the language of the courts, replacing traditional languages such as Sanskrit, Persian and Arabic.
• British judicial procedures such as the adversarial system and the use of juries replaced traditional Indian procedures.
• The establishment of the British judicial system eroded the authority of traditional legal authorities such as village councils and religious leaders.
• British judicial system brought uniformity and standardization to the administration of justice in India, replacing the diverse traditional legal practices that existed across the country.

The judicial system during colonial rule in India had significant implications for the rights and privileges of different communities.

Implications for Indian Communities –

• The colonial judicial system undermined traditional rights and customs of Indian communities replacing them with British laws and regulations.
• Indians faced significant barriers in accessing justice including language barriers, lack of representation and discriminatory laws.
• The colonial judicial system criminalized traditional practices and customs of Indian communities leading to further marginalization and oppression.

Implications for Marginalized Communities –

• The colonial judicial system perpetuated caste-based discrimination with laws and regulations reinforcing social hierarchies.
• The colonial judicial system facilitated the dispossession of tribal lands leading to the displacement and marginalization of indigenous communities.
• The colonial judicial system provided limited protection for women’s rights with laws and regulations often reinforcing patriarchal norms.

Implications for European Communities –

• Europeans enjoyed a privileged status within the colonial judicial system with laws and regulations often favoring their interests.
• Europeans often enjoyed immunity from prosecution for crimes committed against Indians perpetuating a culture of impunity.
• Europeans had exclusive access to justice with separate courts and legal systems catering to their needs.

The judicial system during colonial rule in India had far reaching implications for the rights and privileges of different communities. While European communities enjoyed privileged status and exclusive access to justice, Indian and marginalized communities faced significant barriers in accessing justice and saw their traditional rights and customs eroded.