Tracing Colonial Continuities in India’s Legal Framework
The Indian Constitution, adopted in 1950, indeed drew inspiration from various international sources while also retaining certain laws from the British colonial period. Here are some laws and elements continued or adapted from the British era:
- Indian Penal Code (IPC), 1860:
- The IPC was drafted during the British era and continues to be the primary criminal code of India, covering all aspects of criminal law.
- Criminal Procedure Code (CrPC), 1898:
- Although replaced by the CrPC of 1973, the earlier version was a legacy of the British era, outlining the procedure for the administration of substantive criminal law.
- Civil Procedure Code (CPC), 1908:
- The CPC is another significant piece of legislation continued from the British era, governing the procedure to be followed in civil litigation.
- Indian Evidence Act, 1872:
- This Act sets the ground rules for evidence in civil and criminal courts and was enacted during the British rule.
- Indian Police Act, 1861:
- This Act laid the foundation of the police system in India, which continues with modifications.
- Land Acquisition Act, 1894:
- Although replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the original Act of 1894 was a British era legislation governing land acquisition.
- Indian Forest Act, 1927:
- This Act was enacted to ‘consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce’.
- Companies Act:
- The Companies Act of 1913 was a British era legislation which continued post-independence until it was replaced by the Companies Act of 1956, and later by the Companies Act of 2013.
- Banking Companies Act, 1949:
- This Act was enacted just before independence but continued post-independence, governing banking companies’ operations.
- Trade Unions Act, 1926:
- This Act provided for the registration and regulation of Trade Unions in India.
These laws and frameworks carried forward the legal traditions of the colonial period into independent India, albeit with modifications and amendments to suit the newly independent nation’s needs and aspirations.
