Jump to ContentJump to Main Navigation
Law and the Economy in Colonial India$
Users without a subscription are not able to see the full content.

Tirthankar Roy and Anand V. Swamy

Print publication date: 2016

Print ISBN-13: 9780226387642

Published to Chicago Scholarship Online: May 2017

DOI: 10.7208/chicago/9780226387789.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 31 July 2021

Conclusion

Conclusion

Chapter:
(p.173) Ten Conclusion
Source:
Law and the Economy in Colonial India
Author(s):

Tirthankar Roy

Anand V. Swamy

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226387789.003.0010

India’s judicial system is today widely viewed as highly dysfunctional. The legal inheritance from the colonial era is partly to blame. Complex and contradictory legislation on land rights led to disputes which clogged colonial-era courts. This problem has only intensified in independent India. The colonial-period decision to link “personal” law pertaining to matters such as divorce and inheritance to religion has had long-term consequences. It is now difficult to address issues of gender equity because they are linked to religious freedom. Independent India also inherited a style of litigation in which judges permit frivolous suits as well as various appeals and adjournments which lead to delay. We see continuity between the colonial period and independent India in all these trends. In some other areas such as labor law and industrial regulation, complexity and over-regulation are the result of choices made by post-independence governments, which adopted a far more interventionist role in the economy than the British Raj did. Here the story is one of rupture, rather than continuity, with the colonial period.

Keywords:   industrial regulation, frivolous suits, gender equity

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.