Indian Legal System

Август 21, 2022

Содержание

2. CONTENT Introduction History of law Sources of laws Constitution Ancient source Modern source Conclusion
3. Introduction Indian law refers to the system of law which operates in India . It is
4. History of Indian law Ancient India represents a distinct tradition of law. India had an historically
5. Source of law Primary Source : The primary source of law is in the enactments passed
6. Source of law Secondary source : Secondary source of law is the judgements of the Supreme
7. Criminal law Indian Penal Code (IPC) provides a penal code for all of India including Jammu
8. Family law Indian Civil law is complex, with each religion having its own specific laws which
9. Constitution of India The constitution declares India to be a sovereign socialist democratic republic, assuring its
10. Preamble of constitution The people of India have solemnly resolved to constitute India into a sovereign
11. Fundamental rights Equality before the law. Freedom from discrimination on grounds of religion, race, caste, sex
12. Indian judicial system The three- tiered system of Indian judiciary comprises of Supreme Court at its
13. Ancient sources Title text addition (i) Shruti It literally means that which has been heard. The
14. Modern sources Title text addition (i) Justice, equity and good conscience- Occasionally it might happen that
15. Conclusion Title text addition Legal aspectsare an indispensable part of a successful business environment in any
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CONTENT
Introduction
History of law
Sources of laws
Constitution
Ancient source
Modern source
Conclusion

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Introduction
Indian law refers to the system of law which operates

in India .
It is largely based on English common law .
Various acts introduced by the British are still in effect in modified form today.
Much of the contemporary Indian law shows substantial European and American influence.

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History of Indian law
Ancient India represents a distinct tradition of law.

India had an historically independent school of legal theory and practice.
The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were influential treatises in India.
Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia.

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Source of law
Primary Source :
The primary source of law

is in the enactments passed by the Parliament or the State Legislature.
The President and the Governor have limited powers to issue ordinances.
These ordinances lapse six weeks from the re-assembly of the Parliament or the State Legislature.

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Source of law
Secondary source :
Secondary source of law is the

judgements of the Supreme Court, High courts and some of the specialized Tribunals.
The constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.

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Criminal law
Indian Penal Code (IPC) provides a penal code for

all of India including Jammu and Kashmir, where it was renamed the Ranbir Penal Code (RPC).
The Code applies to any offense committed by an Indian citizen anywhere and on any Indian registered ship or aircraft.
Indian Penal Code came into force in 1862 and is regularly amended, such as to include section 498-A.

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Family law
Indian Civil law is complex, with each religion having its

own specific laws which they adhere to.
After independence Indian laws have adapted to the changing world.
The most recent being the domestic violence act(2005).

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Constitution of India
The constitution declares India to be a sovereign

socialist democratic republic, assuring its citizens of justice, equality, and liberty.
It is the longest written constitution of any independent nation in the world.
It contains 395 articles and 12 schedules , as well as numerous amendments, for a total of 1,17,369 weeks in the English language version.

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Preamble of constitution
The people of India have solemnly resolved to

constitute India into a sovereign socialist secular democratic republic.
Secure to all its citizens their justice, social , economical and political ; liberty of thought , expression , belief , faith and worship.
Equality of status and of opportunity.
To promote among them fraternity assuring the dignity of the indiindividual and the unity and integrity of the nation.

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Fundamental rights
Equality before the law.
Freedom from discrimination on grounds

of religion, race, caste, sex or birthplace.
Equity of opportunity in matters of public employment.
Freedom of speech and expression.
Right to assemble peacefully without arms.
Freedom of cconscience and profession, practice and propagation of religion.

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Indian judicial system
The three- tiered system of Indian judiciary comprises

of Supreme Court at its helm.
High courts standing at the head of the state judicial system.
Followed by district and sessions courts in the judicial districts, into which the states are divided.
The lower rung of the system then comprises of courts of civil and criminal jurisdictions.

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Ancient sources
Title text addition
(i) Shruti
It literally means that which has

been heard. The word is derived from the root “shru” which means ‘to hear’. In theory, it is the primary and paramount source of Hindu law and is believed to be the language of the divine revelation through the sages.
(ii) Smritis
The word Smriti is derived from the root “smri” meaning ‘to remember’. Traditionally, Smritis contain those portions of the Shrutis which the sages forgot in their original form and the idea whereby they wrote in their own language with the help of their memory. Thus, the basis of the Smritis is Shrutis but they are human works.

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Modern sources
Title text addition
(i) Justice, equity and good conscience-
Occasionally it might

happen that a dispute comes before a Court which cannot be settled by the application of any existing rule in any of the sources available. Such a situation may be rare but it is possible because not every kind of fact situation which arises can have a corresponding law governing it.
(ii) Legislations
Legislations are Acts of Parliament which have been playing a profound role in the formation of Hindu law. After India achieved independence, some important aspects of Hindu Law have been codified. Few examples of important Statutes are The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956, etc.

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Conclusion
Title text addition
Legal aspectsare an indispensable part of a successful business

environment in any country . They reflect the policy framework and the mindset of the government structure of that country. They ensure that every aspect is taken care of and is functioning according to the statutory framework of the country. Every firm must take into account legal aspects while framing the basic objectives. It is vital for the efficient functioning of the firm and it also helps to know the rights, responsibilities and the challenges they may have to face. There are numerous laws in India which covers Central, State and special laws. Unfortunately a lot of them are of obsolete nature.