Judiciary Central To India’s Decolonisation Journey: Justice Vikas Mahajan

Justice Vikas Mahajan of the Delhi High Court emphasized the judiciary’s pivotal role in India’s decolonisation journey, describing it as a catalyst for dismantling colonial legacies through landmark judgments.

Speaking at an event titled “Decolonisation: Supreme Court Judgments and the Indian Constitution” organized by the Supreme Court Unit of Adhivakta Parishad to celebrate Constitution Day 2024, Justice Mahajan highlighted the judiciary’s contributions to redefining governance, challenging colonial-era laws, and upholding the principles of justice, equality, and liberty.

“Decolonisation is not merely about the formal end of British rule; it is an ongoing process of removing the colonial imprint from our laws, institutions, and mindsets. It is about reclaiming sovereignty not just politically but socially, culturally, and legally,” Justice Mahajan stated.

Judiciary’s Role in Dismantling Colonial Frameworks

Justice Mahajan noted that India’s independence marked the end of colonial rule but left deeply entrenched structures and systems in governance and legal frameworks. The judiciary has played a transformative role in addressing these remnants.

“The judiciary has acted as a powerful force in dismantling colonial legacies through landmark judgments that uphold indigenous rights, challenge colonial-era laws, and redefine governance structures,” he said.

The Constitution, he added, has been a cornerstone in this journey. “It is not merely a legal charter but a vision for a free and equitable society. It represents a break from colonial rule while embracing India’s civilisational heritage, diversity, and democratic aspirations.”

Reflecting on India’s Legal Evolution

Justice Mahajan also underscored the importance of reflecting on how far India has come in redefining governance, reclaiming its identity, and dismantling remnants of colonial rule. Decolonisation, he said, involves both breaking free from colonial institutions and redeeming cultural heritage to build a truly independent and sovereign nation.

“As we celebrate 75 years of the Constitution, let us reaffirm our commitment to this process. Let us ensure that India continues to thrive, deeply rooted in its traditions and cultural heritage, while marching towards a future defined by justice, equity, and freedom,” he concluded.

Senior Advocate Madhavi Divan was also the guest of honour at the event. Senior Advocate Vinay Navare, President of the Supreme Court unit of Abhivyakta Parishad, also spoke at the event.