The INDIAN JUDICIARY is often described as the guardian of the Constitution and the last hope of justice. It enjoys vast powers, from judicial review to interpreting fundamental rights. However, the majority of Indian citizens frequently argue and feel that the Indian judiciary continues to function under a COLONIAL HANGOVER– a legacy of British Raj that persists in its laws, court structure, languages, hierarchy, and even mindset. Even after 78 years of independence, questions remain as to whether the judiciary has fully decolonised or continues to reflect the remnants of colonial rule.
One of the classic examples is,- that Indian courts go on regular vacations like summer vacations and winter vacations. It is a historical fact that the British could not tolerate the summer of the Indian continent, hence many higher British higher ranking officials including judges and other judicial staff used to go on summer vacations so that they could go back to Britain and do not suffer extreme heat in India. Similarly in winter they were taking vacations for Christmas and new year celebration. Now in the days of air conditioners and other cooling devices, every other Indians work during summer be it Parliamentarians, Bureaucracy, and other government private company officers work, but Courts, judges and other judicial staff not working?
Other Historical Legacies of Colonial Judiciary
1 Codification of Laws: Key legislations such as Indian Penal Code (1860), Evidence Act (1872), and Civil & Criminal Procedure Codes (1859 & 18610 were introduced by the British to serve the colonial interests, not necessarily Indian realities.
2 Judicial Structure: The hierarchy of courts-district courts, high courts, and the Supreme Court-mirrors of the British model.
3 Language of Justice: English became the language of law, excluding the vast majority of Indians from effective participation in justice.
4 Colonial Objective: The judiciary was designed not to serve the people but to safeguard colonial authority and property interests.
Signs of Colonial Hangover in Indian Judiciary
1 Outdated Colonial Laws
Many colonial-era laws remain in force;
- Sedition Law (Section 124A IPC), once used to crush fighters like Tilak and Gandhi, is still misused against dissenters.
- Defamation Law, another British legacy continues to criminalise speech.
- Police & Criminal Justice Acts reflect colonial-era policing meant to control subjects, not protect citizens.
2 Language Barrier
- Court proceedings in higher judiciary are still dominated by English, making justice inaccessible to the common man.
- Despite constitutional recognition of Hindi and regional languages, English remains the preferred medium in most courts.
3 Judicial Formalism & Hierarchy
- The culture of excessive formalities, rigid hierarchies and honorifics such as “My Lord” or “Your Lordship” echo colonial feudalism.
- Although The SC has allowed alternatives like “Sir” or “Your Honour”, traditional British-era etiquette continues.
4 Colonial Court Procedures
- Lengthy adjournments, complex filing systems, and delayed justice stem from colonial procedural models.
- The emphasis on procedure over substance often benefits those with resources, similar to colonial times when justice was skewed in favour of elite.
5 Judicial mindset
- Critics argue that, Indian courts often act with a paternalistic, top-down approach, mirroring colonial judges who treated Indians as subjects rather than citizens.
- Public Interest Litigations (PIL), though revolutionary, sometimes reveal judicial overreach where courts assume roles of policy makers-a reflection of colonial-style governance.
6 Attempts at Decolonisation
Despite these challenges, there have been moves in the recent times toward an Indianised judiciary
- Scrapping of Sedition Law (2025)- The government has repealed or reconsidered sedition provisions, citing their colonial misuse.
- Decriminalisation of homosexuality (2018)- Reflects progressive constitutional interpretation beyond colonial morality.
- Indianisation of Justice- Former Chief Justice NV Ramana and many others have emphasized simplifying court processes and moving away from colonial traditions.
- Regional Languages in Judiciary- Efforts are being made to introduce judgments and proceedings in local languages, though implementation is slow.
- Reforms in Criminal Laws- The Bhartiya Nyaya Sanhita (2023), Bhartiya Nagarik Suraksha Sanhita and Bhartiya Adhiniyam were introduced to replace IPC, CrPC, and Evidence Act with more Indianised versions.
There are some other facts about judiciary which are not related to British Raj:
- Delays and backlogs are not just colonial hangovers but also results of post-independence mismanagement, underfunding, and rising litigation.
- English language in law ensures uniformity in a linguistically diverse country.
7 Way Forward
- Revisiting obsolete Laws- Complete removal of outdated colonial statutes.
- Language reforms-Enable real access to justice by using local language.
- Simplification of procedures- Reduce excessive formalism and legal jargon.
- Cultural context in judgments- Interpret laws keeping Indian social realities in mind, not just Western precedents.
- Judicial accountability- Move away from colonial elitism by making judiciary more transparent and public-centric.
- Higher ranking judiciary should change their mindset, presently some times they behave as if they are above government and law makers, they should realize that they are there to safeguard the constitution and not to advice and overrule the legislature.
In the end, the Indian judiciary has undoubtedly inherited much from its colonial past, and many vestiges-language, laws, structures, and attitude-still persist. However, over the last few decades, it has also evolved into an independent progressive institution that often safeguards rights against state excesses. The real challenge lies not only in shedding colonial baggage but also in reforming systemic inefficiencies. For justice to truly become accessible, inclusive, and Indian in character, the judiciary must consciously decolonize while embracing innovations suited to a democratic, diverse society.
Waiting for your views on this blog.
Anil Malik
Mumbai, India
25th September 2025