The British colonial legal system is unsuitable for Indians, and Indianization of the legal system is urgently needed, Supreme Court Judge Justice S Abdul Nazeer stated.
He remarked that while eradicating the colonial attitude may take some time, we must consider what efforts should be made to decolonize the Indian judicial system.
"There is no doubt that the Indian populace does not benefit from the colonial legal system. The Indenisation of the legal system is urgently required. Despite the fact that it will be a massive and time-consuming undertaking, I am confident that it will be a worthwhile endeavour that will revitalise the Indian legal system, align it with our great nation's cultural, social, and heritage aspects, and ensure much more robust delivery of justice" he stated.
He claimed that, despite possessing the world's oldest court with a long and illustrious history, India has not yet freed itself from many colonial characteristics that continue to dominate our judicial system.
He was addressing at the Akhil Bharatiya Adhivakta Parishadat Hyderabad's 16th National Council Meeting on the topic of "Decolonization of Indian Legal System."
Justice Nazeer traced numerous features of ancient Indian legal systems, beginning with the Vedas, in his speech. He said that, contrary to colonial beliefs that India never had rule of law, ancient Indian jurisprudence was established on the rule of law, and that certain of its elements were "immensely innovative" for the ancient world.
Even the monarch was subject to law in that system, and the king's right to govern was contingent on the fulfilment of specific obligations, which may result in the kingdom being forfeited, he claimed.
In criminal trials, the accused could not be punished unless his guilt was proven by law, and in civil cases, the trial followed the same four steps as any other modern trial: plaint, reply, hearing, and decree.
In his presentation, Justice Nazeer also discussed the many aspects of the Indian legal system and their roots, including the rule of law, the judiciary, the hierarchy of courts, rules for text interpretation, and the law of evidence, among others.
Foreign legal systems were "forced upon us with every invasion and occupation," he said, despite the fact that the country has a long history of very sophisticated legal systems.
Despite India's independence in 1947, many of the fundamental components of the Indian legal system have remained unchanged since the British established and imposed them on us, he noted. "This is despite the fact that India possesses the world's oldest court and no other judicial system has a more ancient or illustrious heritage," he explained.
While the best of Western philosophy and science should be taught at Indian colleges, he believes that the study of Indian jurisprudence should be the cornerstone of legal studies, and that every Indian university should make it a mandatory subject for Bachelor of Law students.