In a thought-provoking lecture titled ‘Shedding the Colonial Hangover-Perspectives on Indianizing the Legal System’, organized by the Kerala Judicial Academy and the Indian Law Institute – Kerala Chapter, former Supreme Court judge Justice S Ravindra Bhat offered insightful perspectives on the Indian Constitution and the ongoing process of decolonization in India’s legal system. The event, held at the Kerala High Court, saw Justice Bhat delve into the complexities of India’s legal heritage and its future trajectory.
Justice Bhat firmly stated that the Indian Constitution cannot be dismissed as a colonial document simply because it was a modification of the Government of India Act 1935. He emphasized that the Constitution’s ideals are not mere colonial vestiges but are imbued with revolutionary provisions.
“Our Constitution is a living document which cannot but be the answer to what is Indian. Just because it has colonial origins, it cannot be reason to say it is essentially un-Indian,”
he asserted.
Highlighting the transformative nature of the Constitution, Justice Bhat pointed out,
“Our constitutional ideals… are not some colonial vestige. The first was the universal adult franchise which in one stroke guaranteed equal rights. Second is the horizontal application of rights, which I call the emancipation code of the Constitution. These provisions demonstrate our commitment to the revolutionary idea of Equality.”
Justice Bhat also reflected on the pluralistic nature of Indian society, cautioning against attempts to homogenize the legal system. He noted,
“India was and remains a truly plural society. In Kerala itself, there are several customs. North East, etc., have diverse customs. How do you homogenize them into one system? I’m not saying it’s impossible, but we have to find out how to let these systems breathe than eliminate…We must be careful not to fall back on an unequal system.”
He further criticized the British colonial approach to lawmaking, which sought to create a homogenous legal system at the expense of India’s diverse customs and traditions.
“The very thing that India stood for, flexibility to assimilate, which was customary, became something else altogether in the hands of the British. Our plurality and diversity was overridden in the interest of having a homogenous law. The colonial way of lawmaking delinked the people from their own indigenous roots through the importation of the common law system and use of English as the common language,”
he explained.
Justice Bhat also addressed the challenges of ‘tribunalization’, the language barrier in legal proceedings, and the need for procedural reforms. He suggested that legal education should be imparted in regional languages and called for a reimagining of school curriculums. He emphasized the importance of balancing the simplification of access to justice without minimizing rights and justice.
The event also featured addresses by Kerala High Court Chief Justice A.J. Desai and Justice A.K. Jayasankaran Nambiar, who contributed to the discourse on Indianizing the legal system. Justice Bhat’s lecture, thus, stands as a significant contribution to the ongoing dialogue on decolonizing India’s legal framework and embracing its rich, pluralistic heritage.
