Development of Judiciary Under British

Post World War II reforms in the judiciary in India reflected changing political dynamics in the following ways.

Establishment of Independence-

• The Indian Independence Act (1947) led to the establishment of an independent Indian judiciary free from British influence.
• The Constitution of India (1950) established the Supreme Court as the highest judicial authority replacing the British Privy Council.

Expansion of Judicial Review – 

• The Constitution of India (1950) expanded the scope of judicial review enabling the judiciary to review executive and legislative actions.
• The Supreme Court delivered landmark judgments such as the Gopalan case (1950) and the Keshavananda Bharati case (1973) which expanded the scope of fundamental rights and judicial review.

Increased Representation and Diversity – 

• Post independence judicial appointments became more representative with increased numbers of Indian judges and judges from diverse backgrounds.
• Judicial education and training programs were established to enhance the quality and diversity of the judiciary.

Reflection of Changing Political Dynamics –

• Post World War II reforms reflected the decolonization and nationalist movements in India which emphasized self rule, democracy and social justice.
• The reforms also reflected the social and economic transformation of India with the judiciary playing a crucial role in promoting social justice, equality and human rights.

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 judiciary in India during the British colonial era contributed to the rise of nationalist movements in several ways.

Judicial Activism and Nationalist Sentiment –

1. The Ilbert Bill which aimed to allow Indian judges to try British subjects, sparked widespread protests among the British community in India. Although the bill was eventually watered down , it galvanized Indian nationalist sentiment and highlighted the injustices of the colonial system.
2. Several judicial decisions such as the Nil Darpan case (1861) and the Bengal Tenancy Act case (1885) were perceived as biased against Indian interests. These decisions helped mobilize nationalist sentiment and fueled anti colonial movements.

Limitations of the Judicial System –

1. Indians were underrepresented in the judiciary with few Indian judges holding positions of authority. This lack of representation contributed to perceptions of injustice and fueled nationalist sentiment.
2. The colonial judicial system was often seen as a tool of oppression with laws and regulations designed to maintain British control and exploit Indian resources. This perpetuated a sense of injustice and resentment among Indians.

Nationalist Leaders and the Judiciary –

1. Many prominent nationalist leaders such as Mahatma Gandhi, Jawaharlal Nehru and Lala Lajpat Rai were trained as lawyers. Their experiences with the judicial system influenced their nationalist ideologies and informed their critiques of colonial rule.
2. Some Indian judges like Justice Ranade used their positions to promote nationalist causes and challenge colonial authority. Their actions inspired nationalist leaders and helped galvanize anti colonial movements.

These factors collectively contributed to the growth of nationalist movements in India ultimately paving the way for India’s independence in 1947.

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.