Supreme Court Declares Indian Constitution Truly Swadeshi, Moves Away from Colonial Roots
November 29, 2025
The Supreme Court’s Presidential Reference Bench has declared that the Indian Constitution is evolving into a vibrant 'swadeshi' foundation. The five-judge Bench, led by retired Chief Justice B.R. Gavai, said in a 111-page opinion that the Constitution not only started as a transformative document but continues to shed its colonial chains. The Bench advised President Droupadi Murmu against fixing strict timelines for Governors. Notably, the opinion did not cite any foreign case law. While the Court acknowledged that the Constitution drew inspiration from the UK’s Westminster system and the US doctrine of separation of powers, it emphasized that decades of practice have given it a distinct Indian colour. The Centre, through Solicitor General Tushar Mehta, praised this move towards building a unique Indian jurisprudence during the Ceremonial Bench hearing. The idea of 'Indianisation' of the legal system has been advocated by many Chief Justices. Retired Chief Justice P.N. Bhagwati said in 1986, "We cannot allow our judicial thinking to be constricted by reference to the law as it prevails in England or for that matter any other foreign country. We no longer need the crutches of a foreign legal order… We have to build up our own jurisprudence." Retired Chief Justice N.V. Ramana highlighted the need for localizing justice to help the poor and those in rural areas feel comfortable in courts. Justice S.A. Bobde referenced ancient Indian texts to emphasize rights like privacy. Supreme Court rulings on adultery and women’s entry to Sabarimala reflected Indian traditions, quoting Manusmriti. Retired Justice S. Abdul Nazeer strongly urged decolonizing the legal system, lamenting India’s neglect of ancient legal sages such as Manu and Kautilya. This fresh opinion marks a clear shift to embrace India’s own legal heritage and build a homegrown legal system.
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Tags:
Indian Constitution
Swadeshi
Supreme court
Indianisation
Legal system
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