India, a vibrant, culturally and spiritually rich nation, has been independent for 77 years. Yet, the remnants of British colonial rule continue to cast a long shadow over its legal and administrative landscape. While some colonial laws have been adapted or modified over the years, many remain largely unchanged, a testament to the enduring influence of British/Western imperialism.
It is time for India to break free from these colonial shackles and forge a legal framework that truly reflects its unique identity, aspirations and justly celebrates the Indian principles of justice. The continued existence of British laws is not only a historical anachronism but also a hindrance to India’s progress and development.
The argument for retaining British laws often centres on the claim that they provide stability and continuity. It is argued that these laws have served India well for decades and that tampering with them could lead to chaos and uncertainty. However, this argument is flawed.
India needs a legal framework that is tailored to its specific needs and aspirations. A new framework should:
Fundamental Duties of Indian Citizens
The task of abolishing British laws and creating a new legal framework is undoubtedly complex and challenging. Some of the key challenges include:
Legal Systems at the Nexus of Law and Society
Despite these challenges, India must embark on the journey of legal reform. A phased approach can be adopted, with gradual but fairly quick replacement of the colonial laws with new ones. It is essential to involve stakeholders from all walks of life in the process of drafting and implementing new laws.
In conclusion, the time has come for India to shed the remnants of British colonialism and forge a legal framework that is truly its own. By doing so, India can create a more just, equitable, and prosperous society for its citizens.
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From
Shilpa Sharma
Assistant Professor
School of Law
Lingaya’s Vidyapeeth
LLB Colleges in Delhi NCR
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