India stands at a critical juncture where justice, fairness, and accountability are being widely discussed. Despite our legal system's many challenges, we have a unique opportunity to reform it and ensure that those in positions of authority are truly held accountable. If we work together as a society, we can establish a more equitable and transparent system that guarantees justice for all and not just for a privileged few.

However, to achieve genuine judicial reform, we must first recognize a historical truth: India's judiciary still operates within the framework of the British legal system. This system, established by colonial rulers, was never designed to serve the interests of Indians. Instead, it was crafted to control, suppress, and punish freedom fighters like Bhagat Singh, Chandrashekhar Azad, Subhash Chandra Bose, Bal Gangadhar Tilak, and many more who dared to resist British rule. At the same time, this system granted immunity and favor to individuals who cooperated with the British, including figures like Mahatma Gandhi, Jawaharlal Nehru, and Muhammad Ali Jinnah—many of whom played significant roles in shaping the post-independence political landscape.

A Colonial Judiciary That Served British Interests

During the British era, the judiciary was never an institution of fairness; it was a tool of oppression. Laws were selectively applied to ensure that revolutionaries—those who fought for real independence—were branded as criminals, while those who toed the British line were given positions of influence. The judiciary ensured that leaders like Bhagat Singh were sentenced to death, whereas leaders like Nehru and Gandhi were repeatedly arrested but later released without facing the same level of harsh punishment.

This selective application of justice ensured that India’s freedom struggle was strategically guided in a way that suited British interests. When the British realized that their direct rule was no longer sustainable, they prepared for a controlled transition. This led to the infamous Transfer of Power on August 15, 1947, where political control shifted not to the common Indian people but to a new class of elites—the Brown British.

The "Brown British" Takeover: A Change in Rulers, Not in System

The so-called independence of India in 1947 was not a complete break from British rule. Instead, it was a carefully managed transfer of power from White British rulers to Brown British elites—individuals who had been groomed under British systems and ideologies. The administration, police, and judiciary remained largely unchanged. The same colonial legal codes, court structures, and bureaucratic mindset continued to persist.

While the Union Jack was replaced with the Tricolor, and while British officials vacated government buildings, the fundamental attitude of governance did not change. The colonial-style bureaucracy remained intact, the legal system continued to favor the powerful, and laws were still wielded as tools of control rather than justice.

Instead of dismantling the oppressive British legal framework, independent India continued using the same laws and judicial principles that were originally designed to serve foreign rulers rather than the Indian people. The British-era sedition law, for example, was frequently used during colonial rule to silence dissenters and suppress resistance movements. Shockingly, it remained in effect long after independence and was used by post-independence governments to suppress their critics.

The Colonial Hangover in Today’s Judiciary

Fast forward to today, and we still see colonial-era principles deeply embedded in our judiciary. The judicial process in India remains painfully slow, disproportionately favors the powerful, and still applies different standards to different people—just as it did under British rule.

Justice Delayed is Justice Denied
Even today, Indian courts are notorious for their extreme delays. Cases drag on for decades, with justice often arriving too late. This sluggish judicial process mirrors the colonial strategy of frustrating resistance movements by entangling leaders in prolonged legal battles. The common man, much like in the British era, suffers the most.

Selective Application of Laws
Just as British courts punished freedom fighters while protecting collaborators, modern courts often appear to operate with double standards. High-profile politicians, corporate elites, and influential figures often escape stringent legal consequences, whereas common citizens or political dissenters face the full force of the law. This echoes the colonial practice of protecting loyalists while punishing rebels.

Colonial-Era Laws Still in Effect
Many laws enacted by the British, which were originally designed to suppress Indian voices, are still in use today. These include sedition laws, defamation laws, and preventive detention laws—all of which were tools to silence critics of the British Empire but are now used to silence critics of the government.

Legal Privileges for the Elite
Under British rule, Indian royals and British loyalists received special treatment under the law. Today, political leaders, celebrities, and business tycoons enjoy similar privileges. They can afford expensive legal teams, use influence to delay cases, or even avoid prosecution altogether. Meanwhile, the poor often spend years in jail awaiting trial, sometimes for minor offenses.

The Path Forward: Breaking Free from the Brown British Mindset

If India truly wants to achieve justice, we must recognize that our judiciary is still shackled by colonial-era practices. Mere changes in leadership mean nothing if the system itself remains unchanged. True independence is not just about removing foreign rulers; it’s about dismantling the institutions of oppression they left behind.

So, how do we reform our judicial system to ensure real justice?

Overhaul Colonial-Era Laws
Any law that was designed to serve British interests at the cost of Indian citizens should be reviewed and repealed. Sedition laws, outdated criminal codes, and defamation laws must be reconsidered in a way that prioritizes citizen rights over state control.

Ensure Faster and Fairer Trials
The judiciary must be made more efficient, with strict timelines for case resolution. Fast-track courts should not just be for select cases but for all cases, ensuring that every citizen gets timely justice.

End the Culture of Immunity for the Elite
Laws should apply equally to all, regardless of political or economic status. The judiciary should operate independently, without political influence, and hold everyone accountable—including those in power.

Judicial Transparency and Accountability
The legal system must be made more transparent and people-friendly. Court proceedings should be more accessible, judicial appointments should be made with greater scrutiny, and corruption within the judiciary should be tackled with urgency.

Decolonize Judicial Mindset and Practices
Legal education in India should emphasize justice over procedure. The goal should be to create a system that serves the Indian people, not one that prioritizes outdated colonial principles. The judiciary must transform from being a bureaucratic machine to being a true guardian of justice.

A Call for Real Justice

The judiciary should not be a relic of colonial rule; it should be an institution that genuinely serves the people. If we continue to operate under the Brown British mindset—where justice is selective, laws protect the powerful, and the common man suffers—then we are merely continuing the oppression that our freedom fighters sacrificed their lives to end.

India has the opportunity to break free from this colonial hangover and create a judiciary that is fast, fair, and truly independent. But this will require collective willpower, bold reforms, and a commitment to justice over power. The fight for real freedom did not end in 1947; it continues today in the struggle for judicial independence and true democracy.