The Indian National Movement: An Overview

The Indian National Movement evolved over different phases. The early phase of nationalism, from 1885 to 1915, was marked by moderate demands and petitions to the British government. This period saw the formation of the Indian National Congress in 1885, which provided a platform for political debate and advocacy. The early nationalists, including Dadabhai Naoroji, Gopal Krishna Gokhale, and Surendranath Banerjee, sought constitutional reforms and greater Indian representation in governance. The Indian Councils Act of 1892 allowed limited participation of Indians in legislative councils but fell short of self-governance demands.

The second phase, from 1915 to 1942, saw an intensified struggle characterized by mass movements, non-cooperation, civil disobedience, and the Quit India Movement. This was also the period when Mahatma Gandhi's philosophy of Satyagraha gained prominence. Gandhi led several significant movements, such as the Champaran and Kheda Satyagraha, which highlighted agrarian distress and forced the British to implement relief measures. The Non-Cooperation Movement in 1920 called for the boycott of British institutions, including courts, while the Civil Disobedience Movement protested against unjust laws like the Salt Law, leading to the Gandhi-Irwin Pact in 1931.

The final phase, from 1942 to 1947, culminated in independence. The Quit India Movement in 1942 was a mass protest demanding an end to British rule. Parallelly, legal and constitutional reforms became crucial as India prepared for self-governance. The Cripps Mission in 1942 proposed dominion status for India, which was rejected by nationalists. The Cabinet Mission Plan of 1946 laid the foundation for the Constituent Assembly to draft India's Constitution, and the Indian Independence Act of 1947, passed by the British Parliament, granted India independence and led to the partition.

Legal Reforms During British Rule

The British colonial administration implemented several legal measures that influenced India's legal development. Some were repressive, such as the Rowlatt Act of 1919, which allowed detention without trial, leading to widespread protests and the tragic Jallianwala Bagh massacre. The Sedition Laws under Section 124A of the Indian Penal Code were used to suppress nationalist leaders like Bal Gangadhar Tilak and Mahatma Gandhi. The Defence of India Act of 1915 granted extraordinary powers to curb revolutionary activities, further intensifying the demand for legal and political rights for Indians.

At the same time, some legal reforms laid the foundation for India's governance. The Government of India Acts of 1909, 1919, and 1935 were significant in shaping India's political landscape. The Morley-Minto Reforms of 1909 introduced separate electorates for Muslims, fostering communal divisions. The Montagu-Chelmsford Reforms of 1919 introduced diarchy, where Indians had limited control over certain departments. The Government of India Act of 1935 was a significant step toward self-governance, introducing provincial autonomy and a federal structure.

Post-Independence Legal Reforms

After independence, India undertook significant legal reforms to ensure justice and equality for its citizens. The Constitution of India, adopted in 1950 and drafted under the leadership of Dr. B.R. Ambedkar, established India as a sovereign, socialist, secular, and democratic republic. The Constitution guaranteed fundamental rights, including equality, freedom, and protection against discrimination, and introduced Directive Principles of State Policy to guide socio-economic justice.

The abolition of discriminatory laws was a crucial step in building a just society. The Zamindari System was abolished between 1951 and 1952, ending feudal landownership. The Hindu Code Bills, passed between 1955 and 1956, reformed marriage, succession, and property rights for women. The Untouchability (Offences) Act of 1955 made untouchability a punishable offense, promoting social equality.

Judicial reforms also played a key role in shaping India's legal framework. Landmark judgments strengthened constitutional principles and individual rights. upheld the Basic Structure Doctrine, preventing arbitrary constitutional amendments and ensuring the fundamental framework of the Constitution remains intact. expanded the scope of Article 21, emphasizing that the right to life and personal liberty cannot be curtailed arbitrarily and must adhere to the principles of natural justice. led to the establishment of guidelines against sexual harassment in workplaces, setting a precedent for gender justice. The Right to Privacy judgment recognised privacy as a fundamental right under Article 21, strengthening individual freedoms in the digital age.

Challenges and the Way Forward

While India has made significant strides in legal reforms, challenges remain. Judicial delays and backlog of cases slow down the delivery of justice, necessitating fast-track courts and digitization of legal processes. Police and criminal justice reforms are essential to modernize law enforcement and ensure accountability. The implementation of the guidelines can help improve police transparency and efficiency, ensuring that law enforcement remains independent and fair.

Social and economic justice remains a critical area for legal development. Strengthening labor laws, environmental regulations, and women's rights can create a more inclusive society. Expanding legal aid programs is necessary to ensure access to justice for marginalized communities.

Conclusion

The Indian National Movement and legal reforms are deeply interconnected. The fight for independence paved the way for a just and democratic legal system. While colonial laws shaped India's legal framework, post-independence reforms ensured progressive and inclusive governance. Even today, India's legal system continues to evolve, addressing new challenges and upholding the ideals of justice, liberty, and equality envisioned by the freedom fighters. As India moves forward, a commitment to continuous legal reform and judicial efficiency will be essential in preserving democracy and protecting the rights of its citizens.

This article is authored by Rishika Naha. She was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.