Site Loader
Rock Street, San Francisco

INDIAN
BASIC LEGAL SYSTEM

India
is a “sovereignty, democratic republic, secular” country with a parliament
system of government and approximately with a population of 1.3 billion people.
India was one of the richest country till early 17th century before
the British rule.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

The
Indian economy is the fourth biggest economy of the world based on Purchasing
Power Parity. It is a standout amongst the most alluring goals for business and
venture openings because of huge manpower base, large amount of availability of
natural resources and strong macro-economic fundamentals. Law of India alludes
to the arrangement of law in current India. India keeps a hybrid legitimate
framework with a blend of civil, common law, and customary or religious law
inside the legal system acquired from the colonial time and different enactment
initially presented by the British are still basically in changed structures
today.

History of Indian Law

In
ancient time India represented a distinct tradition of law. India had a famous
and historically independent school of legal theory and practice. The
Arthashastra, dating from 400 BC which is an ancient Indian treatise on
statecraft, economic policy and military strategy which is written in most
famous and ancient language “Sanskrit”. Manusmriti is an ancient legal text
among the many Dharmasastras of Hinduism. It was the first Sanskrit text which
was translated to English and it is used to frame the Hindu law by the British
colonial government. India has a recorded lawful history beginning from the
Vedic ages and some kind of common law framework may have been set up amid the
Bronze Age and the Indus Valley human progress. Law as an issue of religious
solutions and philosophical talk has a renowned history in India. Radiating
from the Vedas, the Upanishads and different religious writings, it was a
prolific field advanced by specialists from various Hindu philosophical schools
and later by Jains and Buddhists. The principle point of the law in the Vedic
period was to save “dharma” which implies honourableness and
obligation. Dharma comprises of both legitimate obligations and religious
obligations. It incorporates laws and court strategies, as well as an extensive
variety of human exercises like custom cleaning, individual cleanliness
administrations, and methods of dress. Dharma gave the primary direction by
which one attempted to lead his life.

Sources
of Law

v  Primary
Source-:

The primary source of law
is in the portrayals passed by the state legislatures of the parliament. The
president and the governor have the limited control to issue orders and These
orders slip by a month and a half from the re-gathering of the Parliament or
the State Legislature.

v  Secondary
Sources-:

Secondary
sources of law is the based on the judgments of the Supreme Court, High Courts
and a portion of the specific Tribunals. According to the constitution of India
it is said that any law which is declared by supreme court should be binding on
all courts of India.

Fundamental Rights

Fundamental
rights are the basic right which are given to every individual and the charter
of rights contained in part III in article 12 to 25 of constitution of India.
It ensures civil liberties with the end goal that all Indians can lead their
lives in peace and harmony as residents of India.

There
are seven fundamental rights which are recognised by the constitution of India.

v  Right
to Equality-: which include equality before law and there is no discrimination
between caste, religion, race, gender and it provides equal opportunity to
every people in terms of jobs etc.

v  Right
to freedom-: This include freedom of expression and speech, assembly,
association or union and it gives right to practice any profession or
occupation and rights to life and liberty.

v  Right
to freedom of religion-: it gives an individual right to choose his profession
and practice and freedom to manage religion affairs, freedom from taxes.

v  Cultural
and educational rights-: people have rights to conserve their language or
script, culture and rights to minority group to setup and administrate any
educational institute of their choice. 

v  Rights
against exploitation-: it prohibits the child abuse, child labour, force labour
and human trafficking. It is given in the article 23 and 24 of Indian
constitution.

v  Rights
to constitutional remedies-:  which is
available for implementation of Fundamental Rights. It is given under Article
32 to 35 of Indian constitution.

v  Right
to privacy-: it is an essential part of article 21 which helps to protect the
life and liberty of the people.

Legal system of India

India
has one of the most seasoned lawful system in the world. India’s current law is
inherited from British law because India is ruled by British colony for almost
200 years till 1947. As British follows common law which means that law is
broadly implied and judiciary interprets and expand the law. The historical
backdrop of the present legal system might be followed same as in the year
1726, when a Charter was issued by King George I for achieving imperative
changes in the legal organisation of the Presidency Towns of Bombay, Calcutta
and Madras.

The
Indian lawful system is a unique element of the Indian Constitution. It is
associated with arrangement of courts that manage both state and union laws.

Judiciary
system in India has a hierarchy, the first one supreme court which is the
highest court in India then high court and subordinate courts. Supreme courts represent
us on India level and it was first established according to regulating Act 1773
and in 1774 it was established in Kolkata and, high court represent us on state
level and the last one subordinate courts represents us on district level.
Subordinate courts have two types of laws i.e.

v  civil
law 

v  criminal
law.

Special &
local Laws for Special kind of offense

 

Family
Law

 

Civil
Law

 

Criminal
Law

 

Commercial
Laws

 

Law of Tort

 

Property
Law

 

Indian
Penal code

 

Body
of Indian Law

 

 

 

 

 

 

 

 

 

 

This
tree diagram shows the body of Indian law in a hierarchy form that there are
two types Indian law one is criminal law which are two types i.e. Indian penal
code and the special & local laws for special kind of offense and the
second one is civil law which are divided in four parts property law, family
law, commercial laws and law of tort.

v  Criminal
Law-:

The term criminal law
mainly refers to substantive criminal laws. A collection of guidelines and
statutes that characterizes direct restricted by the administration since it
debilitates and hurts open security and welfare and that builds up discipline
to be forced for the commission of such acts.

·        
Indian penal code-: Indian penal code
provides penal code for all citizens of India including Jammu & Kashmir
where it was renamed as Ranbir penal code. This code is applicable to every
Indian citizen who committed any offense in the country like Indian registered
aircrafts & ships or anywhere in the world. Indian penal code is a backbone
of penal law of India

This Law was introduced
in 1862 when India was under the rule of British colonial and is regularly
amended, like to include section 498-A.

 

v  Civil
Law-:

A civil law explains the
private rights and remedies and govern disputes between individuals like in
property, family law etc. which is differ from criminal or public law. The
object of civil law is the change of wrongs by convincing pay or compensation:
the Cretan isn’t rebuffed; he just endures such a great amount of mischief as
is important to make great the wrong he has done. The individual who has
experienced gets a clear advantage the law, or if nothing else he dodges a
misfortune.

·        
Property Law-: The civil law handles the
disputes between landlord and tenants in personal property or real property.
This system is divided into two division between movable and immovable
property. Movable property basically belong to personal properties and
immovable belongs to real estate and real property.

·        
Family Law-: It is also called as
matrimonial law or the domestic relation law, this law deal with the disputes of
family matters and domestic relations.

·        
Law of tort-: Tort law in India is a
generally new precedent-based law advancement supplemented by classifying
statutes including statutes government harms.

Conclusion

From
a stratagem of the colonial masters, the Indian lawful framework has developed
as a basic element of the world’s biggest majority rules system and an urgent
front in the fight to secure constitutional rights for each citizen of the
country. Since the guidelines or laws being damaged shift amongst civil and
criminal law, the particular conduct at issue are also contrasts. “The direct
at issue in criminal cases generally more serious than civil cases and mostly
includes intent & Civil cases as often include negligent conduct. India has
a natural law as outcome of common law framework. Through legal proclamations
and administrative activity, this has been adjusted for Indian conditions. The
Indian legitimate framework’s turn towards a social equity worldview, however
attempted independently, can be believed to reflect the progressions in
different territories with common law framework.

Post Author: admin

x

Hi!
I'm Lena!

Would you like to get a custom essay? How about receiving a customized one?

Check it out