What changes were made to India’s customary legal procedures once the British court system was established?
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 dissentRead more
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 –
- The judiciary helped legitimize British rule by upholding laws that reinforced colonial authority.
- Courts enforced laws like the Rowlatt Act (1919) which allowed for detention without trial and the Press Act (1910) which curbed freedom of speech.
- The judiciary prioritized protecting British interests often at the expense of Indian rights and welfare.
Suppressing Dissent –
- Courts criminalized nationalist movements labeling them as “seditious” or “treasonous.”
- Many Indian freedom fighters including Mahatma Gandhi were imprisoned by British courts for their involvement in the independence movement.
- 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.
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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 legalRead more
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.
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