Examine the effects of the British legal system on Indian customs and legal systems.
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The British influenced Indian laws by bringing the concept of legal structures in the Indian judicial system, with numerous structural changes to represent India’s laws ever. Socio-religious laws and customs with Hindu and Muslim laws were followed before the British introduced the legal system In India, the judicial system of India was tradition based communal judicial system. But British colonization also introduced English courts, statutory laws and codes, legal systems that modern India has built its laws on.
According to one of the implications, traditional and customary law diminished over the years because British courts recognized only codified laws. Personal laws regarding marriage, property heir etc., remained intact for religious sects, but common as well as criminal laws were codified on the British model. At times, the system was least harmonious with the Indian customs and traditions and caused apparent social and legal problems especially in context of private laws such as property laws and family laws.
Britain’s legal-political reforms for the colonies consisted of written records, evident hierarchy in judiciaries, and legal professionals altered Indian laws by bringing a systematic rule of laws. Thus, brought more standardization; also gave origin to a bureaucratic and time-consuming process, that even at times was offbeat from the common man and is still British in the case of Indian legal structure or courts, legal process but its social, cultural setting for India has also been covered.
The British judicial system in India introduced the rule of law, codified laws and established a hierarchical judiciary, modernizing the Indian legal framework significantly.The British judicial system had significant implications on Indian legal traditions and practices both positive and negative.
Positive Implications –
Negative Implications –
Legacy of the British Judicial System –