A Shift from Tradition to Modernity: The Transformation of India's Traditional Judiciary under the British Rule in the Subcontinent

Abstract

This research paper analyzes the evolution and transformation of India’s traditional judicial system into a modern legal framework during British rule. It explores the modifications in the established judiciary's structure and procedure, tracing the shift from local panchayats to the contemporary court hierarchy and from the customary laws to the Indian Penal Code. The study examines the historical background, emphasizing how the British pursued to strengthen their control in India by centralizing judicial authority through significant reforms. This paper highlights the framework and essential characteristics of native judicial systems, such as the Hindu period, the Delhi Sultanate, and the Mughals, which addressed local issues under customary laws. It also details the initial British endeavors to govern and codify laws, establish district courts, and increasingly implement British legal principles, such as English Common Law and statutory regulations. It will conclude by reflecting on the legacy of these transformations in today’s Indian legal systems and their continued application in modern legal discussions.