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I wonder if a major overhaul of India's legal system and law was carried out after Independence, or does India essentially have the same legal system as the one under the Raj?
India unlike many Third World nations which require UN technical assistance certainly has the expertise to overhaul its colonial era legal/justice system.
The legal/justice system certainly defines a nation, and it would be appropriate if ALL laws in India emanated from a post-Independence mentality that focused the legal/justice system on the requirements/rights and needs of ordinary Indians. This certainly was not the case with Raj Law.
Raj Law supremely was about legitimating (illegal) British power in South Asia; about spreading cultural supremacy.............and exploiting the people through the law......whether by introducing extremely stringent laws and customs around industry, discouraging Indians from going into Industry (which might challenge British industry).......or laws introduced to highlight the divisions and weaknesses within Indian society (Divide and rule).
CAN THE SC DO SOMETHING ABOUT THIS?
Obviously they can't make law, but they can and are free to formulate strategic policy papers which contain recommendations to improve the system. Then it will be up to a new government which has a reformist zeal to implement such policies broadly in parliament.
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State biggest land grabber, says Supreme Court
The Supreme Court on Tuesday slammed the authorities for taking advantage of the "colonial law" on land acquisition to divest farmers of their prime agricultural land benefiting the rich and paying "pittance" to common men.
The apex court said a "sinister campaign" has been launched by various state governments to take advantage of the law against the poor people for taking away the land and giving it to builders where multiplexes, malls, posh residential complexes are developed which are beyond the reach of common men.
"Do you think judges live in fools' paradise"? snapped a bench of Justices GS Singhvi and AK Ganguly when senior advocate PP Rao responded to a question that the residential complexes were being developed for the "needy".
"You are building hotels, malls, commercial complexes, townships where common men have no access. Does it come under the perception of public purpose for which the land have been acquired?"
The bench questioned the change by Uttar Pradesh government in land use in Greater Noida and said "this is not the plan for which the land is acquired. How different notifications came out for changing the use of land".
The sharp remarks were made by the bench during the hearing on petitions filed by Greater Noida Industrial Development Authority and real estate developers and builders, including Supertech and Amrapali, challenging the Allahabad high court order which had quashed the notifications for land acquisition in Greater Noida adjoining the national capital.
The apex court said a "sinister campaign" has been launched by various state governments to take advantage of the law against the poor people for taking away the land and giving it to builders where multiplexes, malls, posh residential complexes are developed which are beyond the reach of common men.
"Do you think judges live in fools' paradise"? snapped a bench of Justices GS Singhvi and AK Ganguly when senior advocate PP Rao responded to a question that the residential complexes were being developed for the "needy".
"You are building hotels, malls, commercial complexes, townships where common men have no access. Does it come under the perception of public purpose for which the land have been acquired?"
The bench questioned the change by Uttar Pradesh government in land use in Greater Noida and said "this is not the plan for which the land is acquired. How different notifications came out for changing the use of land".
The sharp remarks were made by the bench during the hearing on petitions filed by Greater Noida Industrial Development Authority and real estate developers and builders, including Supertech and Amrapali, challenging the Allahabad high court order which had quashed the notifications for land acquisition in Greater Noida adjoining the national capital.
