“Indianization” of justice to rout the colonial hangover.

In recent months, two Supreme Court justices have openly expressed their desire to “Indianize” the judicial system. India’s Chief Justice, Shri. NV Rammana, called for the “Indianization” of the country’s legal system, saying that the colonial laws currently in place may not be suited to the needs of the Indian population. The CJI, while addressing an event organized by the Karnataka State Bar Council, said: “Very often, our delivery of justice poses multiple obstacles for ordinary people. The operation and style of the courts do not sit well with the complexities of India. The rules of practice of our systems, of colonial origin, are perhaps not the best adapted to the needs of the Indian population. The need of the hour is the Indianization of our judicial system“The CJI statement comes at a good time as the government implements large-scale judicial reforms. During the three-year period spanning 2018, 2019 and 2020, the Government of India accepted the recommended 18 names for Supreme Court Justices sent to it by the Supreme Court Collegium. These 18 people were all appointed as judges. In May 2014, the Modi government appointed 35 Supreme Court judges and 602 High Court judges. Over the past five years, the pace of technological advancement has accelerated dramatically. Not only that, but changes to procedural and substantive laws have strengthened our legal system.

During the meeting of the National Council of Akhil Bharatiya Adhivakta Parishad, Justice S. Abdul Nazeer lamented the continued disregard for the teachings of the great legal giants of ancient India such as Manu, Kautilya and Yajnavalkya. The question raised by the lordship is relevant and relevant at the present time because the colonial system was based on the master-servant relationship, and it explains the alienation caused to litigants based on imperial interests, the psychological barriers to justice and the mental distance between the litigant and the courtroom. The project of ‘Indianization’ It is not so much about transforming the current system into one based on what historians and anthropologists might recognize as Indian tradition or culture, but rather about incorporating more Indians into the system. The fundamental requirement of good judicial administration is accessibility, affordability and timeliness of justice, which will not be realized until the justice delivery system is made accessible to individuals in a timely and profitable way. Therefore, continuous formative assessment is essential to strengthen and strengthen the justice delivery system in India.

Our dharma should be the foundation of Indianization. It is also essential that the justice system aligns itself with national interests and civilizational goals, rather than expecting people to conform to Western liberal perspectives. Likewise, the legal curriculum should be indigenized, with courses in ancient Hindu civilization and ancient Bharatiya jurisprudence to help the system overcome its colonial heritage!

About the Author

Siddhant Mishra obtained a BA LL. B (Hons) from Faculty of Law, KIIT Reputed to be Bhubaneswar University in 2016 and practiced and conducted cases independently in Allahabad High Court of Justice, Lucknow Bench. Siddhant is an avid reader and writer and writes regularly on issues related to law and politics.