Indian Legal System

Only available on StudyMode
  • Download(s) : 656
  • Published : December 2, 2011
Open Document
Text Preview
Indian Legal System
The Indian Legal System is one of the oldest legal systems in the entire history of the world. It has altered as well as developed over the past few centuries to absorb inferences from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo-Saxon character of judiciary which is basically drawn from the British Legal System. The primary origins of law:

* The Indian Constitution
* The Indian Constitution was framed by the Constituent Assembly and came into effect from 26th November 1949 (Article 1). The Indian Constitution was in part modeled on the Government of India Act 1935 (an act passed by the British Parliament) and the Constitutions of other nations such as the Irish Constitution. The Indian Constitution in turn served as a model for many nations, which became independent subsequently. A text of the Constitution is found at * The Constitution is the supreme law of the land. It constitutes India into a Sovereign, Socialist, Secular, and Democratic Republic and secures to the people of the country the right to Justice, Liberty, Equality and Fraternity. The Constitution provides for a Parliamentary form of Government which is partly Federal in structure with unitary characteristics. The Constitution is divided into Parts and further into Chapters and Articles. The Constitution provides for a quasi-federal nation consisting of a Union of States (Article 1). It provides for separate executives and legislatives for the Union and for each of the States and demarcates the powers of each. However the residual power is with the Union. * The Parliament has the power to make laws for the whole or any part of India and the State Legislature has the power to make laws for the whole or any part of the State. The legislative powers of the Parliament and State Legislatures are enumerated in three lists that are annexed as the Seventh Schedule to the Constitution: Union List, State List and Concurrent List. In case of a conflict between the two legislatures over a matter in the Concurrent list the will of the Parliament prevails. Neither the Central government nor the State Governments can override or contravene the provisions of the Constitution. Under certain circumstances, the Union can (and has) dissolved the executive and legislatives of the States. The Judiciary is however unitary in structure although administered separately by the Union and the States. There are no separate Federal and State Courts. * The Constitution itself can be amended by a special majority of the union legislature. Amendments to the provisions of the Constitution dealing with the States require the consent of the legislatures of at least half of the States (Article 368). The Constitution can be amended fairly extensively but the amendments cannot violate the basic features of the Constitution such as the independence of the judiciary, the sovereign democratic and republican structure of the nation, the rule of law and free and fair elections. * customary law

Because India is a land of diversity, local customs and conventions that are not against statue or morality or otherwise undesirable are, to a limited extent, also recognized and taken into account by the courts while they administer justice in certain spheres. Also, people of different religions and traditions are governed by different sets of personal law with respect to matters relating to family affairs. * Case law, and

Art 143 of the Constitution of India says that the law declared by the Supreme Court shall be binding on all courts within the territory of India. Therefore, the decisions of the Supreme Court become source of law. Judgments given by the Supreme Court are binding on all other courts in India. * Statutes (legislation).

The statutes are operated by the Parliament, union territory legislatures and state legislatures. There are...
tracking img