CHAPTER 22

THE COLONIAL LEGAL SYSTEM — THE EMPIRE NEVER LEFT

When I wrote in my 2014 letter that “India still follows the colonial legal system designed by the British to keep Indians in fear and helplessness,” I was speaking from a realization that shocked me repeatedly during my research.

  We became politically free in 1947. But the structure that governed us — the laws, the clothing, the court rituals, the immunity of the rulers, the long vacations, the intimidating architecture, the complicated language — all of it remained exactly as the British wanted.

The empire retreated. The system stayed.

And Indians continued to obey it as if it were sacred and eternal.

A Legal System Designed to Rule, Not Serve

  The British did not create a legal system in India to deliver justice. They created it to: protect the rulers,

• control the subjects,
• intimidate the population,
• delay decisions so the weak would surrender,
• make law so expensive that ordinary Indians could not access it,
• ensure the government had maximum power,
• ensure the people had minimum rights.

And tragically, this entire structure remained untouched after Independence.

In essence, we kept the colonial skeleton, only changing the face.

The Black Coat and Gown — Symbols of British Supremacy

  One of the most shocking continuities is the black coat and gown worn by lawyers and judges.

Why black?

Because the British used black clothing as a symbol of:

• authority,
• superiority,
• formality imposed upon natives,
• the barrister culture of England,
• monarchy-linked judicial tradition.

This attire was NEVER Indian. Never comfortable. Never scientific. Never suited to our climate.

Yet even today — in 40°C heat, in crowded corridors, in humid monsoons — Indian lawyers and judges dress like British colonial officials.

And we call this “tradition.”

It is not tradition. It is a reminder of subjugation.

The Alien Architecture of Courts — Designed to Intimidate

  The courthouse design itself:

• massive pillars,
• cavernous halls,
• raised platforms,
• archaic language,
• wooden barriers,
• physical distance between judge and citizen,
• procedures hidden behind layers of staff,
• controlled access,
• complex corridors,
• and an atmosphere of fear

—all of this was engineered by the British to ensure that the common Indian felt small, weak, inferior, and powerless.

Even today, when an ordinary citizen enters a court, their heart trembles the same way it did in 1900.

That is not justice. That is colonial residue.

Long Vacations — A Privilege Copied Blindly

 Courts in India still enjoy:

• summer vacations,
• winter vacations,
• Diwali vacations,
• mid-term breaks,
• festival holidays,
• post-holiday reopening delays.

Why?

Because British judges wanted to return to England every year and needed long breaks.

Those who served the Crown were given royal comforts. Indian courts simply copied this privilege.

Today, when crores of cases are pending, India cannot afford a colonial luxury of months-long vacations.

But we continue it because we inherited it without questioning it.

British Jurisprudence — Designed to Protect the Ruler

  The principles of British jurisprudence in India were:

• “The ruler cannot be questioned.”
• “The government has maximum immunity.”
• “The subjects have minimum rights.”
• “The state is always right unless proven otherwise.”

Even after independence, this mindset survived.

The police structure, bureaucracy, prosecutorial powers, and administrative laws still function like rulers dealing with subjects, not a democracy dealing with citizens.

In 2014, I believed the new leadership would change this. But after 11 years, I realized:

Their hands are tied by the same colonial structure, designed so tightly that even well-intentioned leaders cannot function freely.

This realization strengthened my resolve to write this book.

Recent Law Reforms — Important, but Not Enough

  Yes, in recent times, India finally began changing:

• the Evidence Act,
• the CrPC,
• and several colonial provisions.

These reforms are historic and deserve respect.

But the deeper colonial architecture remains:

• The court rituals,
• The attire,
• The hierarchy,
• The language barrier,
• The delay machinery,
• The fear-based system,
• The recruitment patterns,
• The judge-to-citizen distance,
• The government-first mindset, and
• The elite culture inside the judiciary.

Changing a few laws is not enough. The entire mindset must change.

Our Legal “Heritage” Is Not Indian Heritage

  Indians proudly say:

• “Our courts follow English law.”
• “Our lawyers dress like barristers.”
• “Our system is based on British jurisprudence.”

But why should we be proud of a system designed to enslave us?

India had:

• Nyaya Shastra,
• Dharma Shastras,
• Arthashastra,
• Kautilya’s legal framework,
• village panchayats delivering timely justice,
• open court systems,
• restorative justice,
• truth-based civil reconciliation models.

We abandoned these and embraced a foreign system that does not understand our society, our culture, or our civilizational values.

Why This Chapter Matters

  A nation cannot rise when its legal system is still mentally colonized. A free India must:

• decolonize her courts,
• Indianize her rituals,
• reform her procedures,
• simplify her language,
• shorten delays,
• remove intimidating symbols,
• reduce VIP culture inside judiciary,
• and restore justice as a service, not a display of power.

India must make justice accessible, humane, efficient, affordable, culturally rooted, and citizen friendly.

Only then will the colonial shadow truly leave.

My Conclusion  

Independence is not the lowering of a flag.

 It is the removal of mental, administrative, and psychological structures of slavery.

The British left India, but their legal system remained — unquestioned, untouched, and glorified.

It is time for India to reclaim her own legal identity. Not to discard learning, but to awaken dignity.

A free civilization deserves a free legal system. One that serves, not rules. One that empowers, not intimidates. One that reflects Bharat, not Britain