At the start of the millennium, justice systems remained largely procedural. Outcomes often turned on technical compliance rather than fairness in substance. Over the past twenty-five years, courts and legislatures have steadily moved toward substantive justice—where procedure serves fairness, not defeats it
By Aishwarya Srivastava
The first twenty-five years of the twenty-first century have fundamentally reshaped the idea of law and justice. This period has not merely refined inherited doctrines; it has reconstructed legal architecture itself through new legislation, institutional reform, and a deeper shift in legal philosophy.
Law today occupies a far more central place in commerce, governance, technology, and individual dignity than it did at the turn of the millennium.
What distinguishes this quarter-century is not judicial interpretation alone, but the creation of entirely new legal regimes designed for a digital, globalised, and rights-conscious society.
From Procedural Formalism to Substantive Justice
At the start of the millennium, justice systems remained largely procedural. Outcomes often turned on technical compliance rather than fairness in substance. Over the past twenty-five years, courts and legislatures have steadily moved toward substantive justice—where procedure serves fairness, not defeats it.
Judicial reasoning increasingly relies on proportionality, reasonableness, dignity, and public trust. Commercial and constitutional adjudication now balances efficiency with equity, contractual freedom with accountability, and state power with individual rights. Justice today is judged not merely by legality, but by legitimacy in context.
A New Legislative Landscape
One of the clearest markers of this era has been the enactment of modern laws for modern realities.
The Companies Act, 2013 replaced a half-century-old framework, strengthening corporate governance, disclosure norms, independent directorship, and statutory CSR. The Insolvency and Bankruptcy Code, 2016 transformed India’s credit culture through time-bound insolvency resolution, fundamentally altering lender–borrower behaviour and corporate discipline.
Financial and regulatory law expanded in scope and rigour through strengthened SEBI regulations, enhanced anti-money-laundering regimes, and globally aligned compliance standards.
Technology forced law into entirely new domains. The Information Technology Act, 2000, through evolving rules, became the backbone of cybercrime regulation, intermediary liability, and digital governance. This trajectory culminated in the Digital Personal Data Protection Act, 2023, which established a dedicated privacy framework for a data-driven economy and imposed fiduciary obligations on businesses handling personal data.
Criminal Law Reform: Breaking from the Colonial Past
The most decisive legal development at the close of this quarter-century has been the complete overhaul of India’s colonial criminal law framework.
In 2023, Parliament enacted:
• the Bharatiya Nyaya Sanhita (BNS),
• the Bharatiya Nagarik Suraksha Sanhita (BNSS), and
• the Bharatiya Sakshya Adhiniyam (BSA),
replacing the IPC, CrPC, and Evidence Act respectively.
These enactments signal a shift from ruler-centric criminal control to citizen-centric, constitutional justice. The BNS rationalises offences and modernises definitions; the BNSS introduces time-bound investigations, technological integration, and stronger victim safeguards; and the BSA formally integrates electronic and digital evidence into the core of criminal trials.
Criminal law has finally aligned itself with forensic science, digital realities, and constitutional values.
Institutional Transformation of Justice Delivery
Justice delivery itself underwent structural reform. The e-Courts Project digitised records across courts, while virtual hearings—accelerated during COVID-19—permanently altered judicial functioning. E-filing, electronic cause lists, and digital orders reduced procedural friction.
The Commercial Courts Act, 2015, expanded arbitration and mediation frameworks, and specialised tribunals shifted the system toward timely and proportionate justice. Justice today operates across hybrid physical-digital institutions rather than traditional courtrooms alone.
Corporate Law: From Transactions to Trust
Corporate law evolved from transactional facilitation to governance architecture. ESG compliance, board accountability, shareholder rights, related-party scrutiny, and disclosure obligations reshaped corporate behaviour. Law is no longer merely a cost of business; it is a strategic stabiliser of market trust.
COVID-19: A Legal Stress Test
The COVID-19 pandemic tested every legal institution simultaneously—executive power, civil liberties, contracts, courts, and regulatory capacity. Justice systems adapted rapidly. Virtual courts became indispensable, not experimental. Many reforms that might have taken decades were compressed into months.
Conclusion: Law as Infrastructure of Trust
The first quarter of the millennium transformed law from a reactive instrument into infrastructure for trust.
Law and justice have evolved:
• from authority to accountability,
• from procedure to purpose,
• from colonial legacy to constitutional maturity,
• from paper-based systems to digital ecosystems.
As societies grow more complex, law’s role becomes more central—not merely to resolve disputes, but to shape ethical conduct, sustainable commerce, and democratic legitimacy. If the next quarter-century builds on this foundation, law will remain not an obstacle to progress, but its most reliable compass.
(Author of this article Advocate Aishwarya Srivastava is a technology and corporate lawyer practicing before the Supreme Court of India. A graduate of NLIU, Bhopal, she has prior experience with Shardul Amarchand Mangaldas & Co., where she worked on strategic and cross-border transactions across technology-driven sectors. Her interests lie in cyber law, data protection, online safety, and public policy. Contact: aishwaryasrivastava935@gmail.com)
