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.

Colonial laws and judiciary in British rule referred to the legal system imposed by the British, comprising laws, courts and judges that reinforced colonial authority.During British rule in India, the judiciary played a complex and multifaceted role in upholding colonial laws and suppressing dissent. Here’s a balanced evaluation

Upholding Colonial Laws – 

1. The judiciary helped legitimize British rule by upholding laws that reinforced colonial authority.
2. Courts enforced laws like the Rowlatt Act (1919) which allowed for detention without trial and the Press Act (1910) which curbed freedom of speech.
3. The judiciary prioritized protecting British interests often at the expense of Indian rights and welfare.

Suppressing Dissent – 

1. Courts criminalized nationalist movements labeling them as “seditious” or “treasonous.”
2. Many Indian freedom fighters including Mahatma Gandhi were imprisoned by British courts for their involvement in the independence movement.
3. The judiciary upheld laws that restricted civil liberties such as freedom of assembly, association and speech.

In conclusion, the judiciary played a significant role in upholding colonial laws and suppressing dissent during British rule in India. However there were exceptions with some judges and lawyers resisting or challenging colonial authority.

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.