Indian Legal System

1.

Indian Legal System
Jamila Suterwala 20ll10a

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CONTENT
1.
Introduction
2.
History of law
3.
Sources of laws
4.
Constitution
5.
Ancient source
6.
Modern source
7.
Conclusion

3.

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.

4.

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.

5.

Source of law
Primary Source :
a. The primary source of law is in the enactments passed by the Parliament or
the State Legislature.
b. The President and the Governor have limited powers to issue ordinances.
c.
These ordinances lapse six weeks from the re-assembly of the Parliament or
the State Legislature.

6.

Source of law
Secondary source :
a. Secondary source of law is the judgements of the Supreme Court,
High courts and some of the specialized Tribunals.
b. The constitution provides that the law declared by the Supreme Court
shall be binding on all courts within India.

7.

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.

8.

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).

9.

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.

10.

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.

11.

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.

12.

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.

13.

Ancient sources
(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.

14.

Modern sources
(i) Justice, equity and good conscienceOccasionally 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
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.

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Thank you