Goddess of Justice: Supreme Court's Symbolic Decision Unveiling a New Era of Indian Justice

The blindfold of the "goddess of justice" has been removed, instead of the sword in her hand she now holds the Constitution. Evolution of the Judiciary System in India: From Colonial Foundations to Progressive Modernity

10/16/20244 min read

The blindfold of the "goddess of justice" has been removed, instead of the sword in her hand she now holds the Constitution.
The blindfold of the "goddess of justice" has been removed, instead of the sword in her hand she now holds the Constitution.

The Supreme Court of India has recently removed the blindfold from the statue of the Goddess of Justice, sparking positive discourse on judicial evolution. Traditionally depicted with a blindfold, representing impartiality, this change reflects a bold departure from colonial imagery toward an Indianized perspective of justice.

The removal symbolizes awareness, wisdom, and a more inclusive approach to fairness. In a nation built on diverse values, this move signifies a commitment to justice that is not blind but open-eyed, informed, and rooted in contemporary realities. By shedding colonial symbols, India is embracing a forward-thinking, more connected vision of law and fairness, emphasizing that justice, while impartial, must also be conscious and contextually aware.

This decision is a step towards decolonizing our judicial system, ensuring that justice remains both fair and aware, in tune with the country's evolving legal needs and cultural nuances. It marks the dawn of a new, inclusive era in India's judiciary, focused on accessible, informed, and equitable justice.

Evolution of the Judiciary System in India: From Colonial Foundations to Progressive Modernity

The Indian judiciary has a rich and complex history, evolving over centuries from its colonial origins to its current status as an independent institution focused on justice, equality, and constitutional integrity. India’s judicial system, as it stands today, is a vital pillar of democracy, providing a framework that upholds law, order, and fundamental rights for citizens. To fully appreciate its current significance, it’s important to understand how it evolved from its early days under British colonial rule to the progressive changes of today.

Colonial Foundations

The foundations of India's judiciary system were laid during British colonial rule. In the 18th century, under British governance, various legal codes, procedures, and courts were established to suit colonial interests. The Regulating Act of 1773 created the Supreme Court in Calcutta (Kolkata), which became the highest judicial authority in colonial India. This was followed by the establishment of similar courts in Bombay (Mumbai) and Madras (Chennai).

The British legal system, although introduced in India, was foreign and tailored to safeguard British political and economic interests. The colonial judiciary was primarily aimed at maintaining law and order to support imperial rule. Courts functioned as enforcers of British law, which was often discriminatory and detached from India’s social realities. Local customs, traditions, and indigenous justice mechanisms were marginalized. As a result, the legal system was seen as an oppressive tool, rather than an institution promoting justice for all.

Post-Independence Transition

With independence in 1947, the Indian judiciary underwent significant transformation. The Indian Constitution, adopted in 1950, established an independent judiciary, separating it from legislative and executive powers. The Supreme Court of India became the apex court, a final arbiter for constitutional matters, and protector of the fundamental rights enshrined in the Constitution.

One of the key features of this period was the transition from colonial laws to a system rooted in justice, equality, and democracy. While many colonial laws remained in place, the judiciary started developing indigenous jurisprudence by interpreting laws in a way that reflected the needs and aspirations of independent India.

The judiciary's role expanded significantly after the post-independence period with landmark judgments such as the Kesavananda Bharati case (1973), where the Supreme Court laid down the "basic structure doctrine," ensuring that certain core values of the Constitution could not be amended by the legislature.

Judicial Activism and Landmark Reforms

In the latter half of the 20th century, Indian judiciary saw the rise of judicial activism. This approach allowed courts to take proactive measures, often stepping in when the executive or legislature failed to act, especially in protecting citizens’ fundamental rights. Public Interest Litigations (PILs) became a popular tool through which any citizen could approach the judiciary to seek justice in matters of public interest.

For instance, in the case of Vishakha v. State of Rajasthan (1997), the Supreme Court laid down guidelines for the prevention of sexual harassment at the workplace. This proactive approach marked the judiciary’s evolution from merely interpreting the law to creating new legal mechanisms that catered to the changing social and political landscape.

Judicial activism, however, also attracted criticism, with claims that the judiciary sometimes encroached upon the powers of the legislature and the executive. Despite these debates, judicial interventions have largely been seen as protective of democratic values.

A More Progressive, Inclusive Judiciary

Today, the Indian judiciary is increasingly focusing on progressive reforms and addressing long-standing issues like pendency of cases, judicial transparency, and accessibility of justice. The system has also embraced technological advancements. E-courts, virtual hearings, and online filing of cases are slowly becoming integral to the functioning of the courts, especially following the COVID-19 pandemic.

A significant shift in recent times is also the effort to decolonize the judiciary. For instance, the Supreme Court’s recent decision to remove the blindfold from the Goddess of Justice statue is symbolic of a progressive mindset. It signals a justice system that is no longer "blind" to the realities of contemporary India but is consciously aware of the diverse challenges faced by citizens. This move underscores the idea that justice, while impartial, must also be wise and informed by context.

Additionally, more attention is being given to the representation of women, marginalized communities, and regional diversity within the judiciary. The appointment of women judges and the focus on reducing the under-representation of minorities in the judicial process shows a positive step toward a more inclusive judiciary.

Challenges and the Road Ahead

Despite its evolution, the judiciary faces several challenges. One of the most critical issues is the backlog of pending cases, which has strained the legal system. In response, there have been calls for judicial reforms, including the appointment of more judges, improving case management systems, and enhancing infrastructure.

Corruption and delays in delivering justice continue to be areas of concern. Nevertheless, with ongoing efforts for reforms and modernization, the judiciary is on the path to becoming more efficient, accessible, and transparent.

A Forward-Looking Judiciary

India's judiciary has come a long way from its colonial origins to the vibrant and evolving institution it is today. The changes reflect not only a shift in law and governance but also the maturing of India as a democracy. As the judiciary continues to progress, with reforms aimed at inclusivity, efficiency, and modernization, it is poised to become a more responsive and dynamic institution that reflects the needs of contemporary Indian society.

The move to remove colonial symbols and the increasing emphasis on transparency and accessibility marks the start of a new chapter in India’s judicial journey. As India marches forward into a progressive future, its judiciary will continue to play a central role in upholding democratic values, protecting rights, and ensuring justice for all.