New Delhi, Dec 3 (PTI) The judiciary played a central role in the country’s decolonisation journey and acted as a catalyst for dismantling colonial legacies through landmark judgments, Justice Vikas Mahajan on Tuesday underlined.
Justice Mahajan further said though the country’s independence marked the end of colonial rule, it did not immediately erase the colonial structures, systems and laws, deeply entrenched in our governance and legal frameworks.
"I would say that the judiciary has played a central role, a role in India's journey of decolonisation. It has acted as a catalyst for change and emerged as a powerful force in dismantling colonial legacies through landmark judgments by addressing colonial-era laws, upholding indigenous rights and redefining governance structures. It has also challenged the colonial legal framework and upheld the principles of justice, equality and liberty," the high court judge said.
Decolonisation meant an ongoing process of removing the colonial imprint from our laws, institutions and mindsets, the Delhi High Court judge added while delivering his address at a discussion event titled "Decolonisation: Supreme Court Judgments and the Indian Constitution".
The Adhivakta Parishad of the Supreme Court organised the event to celebrate Constitution Day 2024.
"The topic is central to the evolution of modern India, and the subject compels us to reflect on how far we have come in, redefining governance, reclaiming our identity and dismantling the remnants of colonial rule, both in our legal and societal frameworks," the judge said.
"When we talk about decolonisation, we are referring not just to the formal end of British rule, but to the ongoing process of removing the colonial imprint from our laws, institutions and even mindsets. It is about self-determination; retrieving our sovereignty, not just politically, but socially, culturally and legally," he added.
He said that the Constitution, which enshrined the principles of justice, liberty and equality had been a powerful tool during this journey.
"The Constitution is not merely a legal charter. It is a statement of what we are as a nation, reflecting the aspirations of an independent people, while also paying homage to our civilisational heritage… Our Constitution is a vision for a free and equitable society. It represents a break from colonial rule while embracing the values that define India as Bharat, a land of ancient wisdom, diversity and democratic aspirations," he said.
The judge noted that decolonisation did not just mean breaking the shackles of colonial institutions but also redeeming the cultural heritage, reimagining future, and building a nation that was truly independent and sovereign.
"As we celebrate 75 years of the Constitution, let us reaffirm our commitment to this process. Let us ensure that the country continues to thrive, deeply rooted in its tradition and cultural heritage. Yet, boldly, marching towards a future of justice, equity, and freedom, in every sense of the word," he said.