Now Reading: Why Colonial-Era Laws Still Shape India’s Courts
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Why Colonial-Era Laws Still Shape India’s Courts
India’s Supreme Court continues to apply laws enacted under British rule to modern disputes, including solar power contracts, a Rs 50 crore dishonoured cheque and a long-running land lease. In April, the…
The Story in Brief
India’s Supreme Court continues to apply laws enacted under British rule to modern disputes, including solar power contracts, a Rs 50 crore dishonoured cheque and a long-running land lease. In April, the Court relied on the Government Grants Act, 1895, to decide a dispute over Sujan Singh Park land leased in 1945. The case came 79 years after Independence.
Parliament has passed the Bankers’ Books Evidence Bill, 2026, to replace the 1891 Act, though the Information Technology Act, 2000 had already adapted it for electronic records. Other laws from the 19th and early 20th centuries, including the Contract Act, Transfer of Property Act and Code of Civil Procedure, remain in force and shape litigation.
The Indian Opinion
The easy narrative that every pre-Independence law is an unusable colonial relic does not fit the evidence. Some statutes need replacement, especially where technology has changed, but others provide workable rules for contracts, property and court procedure. The opposite claim, that age alone proves soundness, is just as weak. Parliament and the courts should judge each law by its present effect, with delays, rights and outcomes providing the test.
Source: thefederal.com
This story was synthesised by AI from the source linked above.
