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Justice S Abdul Nazeer while recently speaking at an event said that our legal system began with the Vedas and contemporary indigenous customs from thousands of years ago. However, it evolved over time through blending and being replaced with other influences, both foreign and domestic.

Justice Nazeer during his lecture on "Decolonisation of the Indian Legal System," at the National Council Meeting of the Akhil Bhartiya Adhivakta Parishad said that "After the Arab invasions of India in the 8th century, Islamic law was introduced in some areas of India. Similarly, during the British occupation of India, the English common law was introduced as the residual law in the earlier high courts of Bombay, Calcutta and Madras to answer all questions of law in respect of which no Indian statute or rule of personal law such as law was prevalent. The Portuguese and French used their own laws in their colonies in India."

"Some of the peculiar absurdities which disgraced law and justice in Western Europe are absent in Indian jurisprudence," Justice Nazeer added.

While referring to the recent speeches of the Chief Justice of India, Justice NV Ramana and other Judges of the Supreme Court, Justice Nazeer said, "several of my brother judges at the Supreme Court as well as the Hon'ble Chief Justice of India have voiced their concern about the need for re-thinking and re formulation of the Indian legal system so that it reflects India's current realities, which is an amalgamation of our rich and diverse heritage of the centuries past and also the dreams and aspirations for the shining future of the billion plus Indians."

CJI Ramana has recently on several occasions said that the Legislature needs to revisit the laws and reform them to suit the needs of time and people. 

CJI Ramana has also emphasized that our laws must match with our practical realities. The executive has to match these efforts by way of simplifying the corresponding rules, he added.

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Whereas, Justice Nazeer also opined that the role of the Indian judiciary cannot be isolated from the social objectives of the nation. Our Constitution has set before the Indian people the ambitious goal of achieving a synthesis of the Western and the Socialist way of life, individual liberty and social control, abolition of anarchy in production and preservation of democracy and political and economic freedom.  

"I must not be understood to mean that there is absolutely no political freedom in the Western democracies. The difference is one of emphasis. Our Constitution attempts to achieve a balance between role of the State and rights and freedoms of the individuals," Justice Nazeer added.

Talking about the ancient judicial system Justice Nazeer said that according to the Arthashastra of Kautilya the Mauryan realm was divided into administrative units called Sthaniya, Dronamukha, Khrvatika and  Sangrahana, wherein Law Court were established in each Sangrahana and also at the meeting places of the district.

In addition to this Justice S Abdul Nazeer said that almost complete neglect of Indian jurisprudence and political philosophy leaves the education of every Indian lawyer and judge incomplete.

Justice Nazeer also pointed out that "I concede that there is much in Indian jurisprudence which is out of date today. But this is true of every system of jurisprudence. The Greek and Roman civilizations were based on slavery. The divine right of kings prevailed in Europe till the end of the 17th century. The law of reason was often identified with the law of a Christian God. There was no freedom of belief or worship in Europe, and many were burnt alive for the offence of heresy. Women were tried and burnt for the offence of being witches and men for having communion with the devil."

Justice Nazeer said that even today the justice is not demanded but is prayed for in the humblest terms, ordinary litigants often are unable to bear expenses, there is a huge pendency of cases, etc.

In this context, Justice Nazeer opined that There can be no doubt that this colonial legal system is not suitable for the Indian population. The need of the hour is the Indianisation of the legal system. 

"The eradication of such a colonial mindset may take time but I hope that my words will evoke some of you to think deeply about this issue and steps that need to be taken to decolonize the Indian legal system," Justice Nazeer added.