Introduction to Legal System in India

With the advent of the British Raj, there was a break in tradition, and Hindu and Islamic law was abolished in favour of British common law. [13] As a result, the country`s current legal system derives largely from the British system and has few, if any, ties to pre-British Indian legal institutions. [14] For more research guides on Indian legal research, see: 1. Subscriber sources: Global Library has a collection of electronic legal resources , including: Here we have listed some prestigious collections of global libraries as well as official (government) authenticated websites for Indian legal research, where you can access the resource World Library can find relevant information. The Indian legal system is a mixture of general, Muslim and customary law. See Juriglobe for more information (Open Access). Ancient India represented a distinct legal tradition and had a historically independent school of legal theory and practice. The Dharmaśāstras played an important role. The Arthashastra of 400 BC. A.D.

and the Manusmriti of 100 A.D. They were influential treatises in India, texts considered authoritative legal advice. [5] Manu`s central philosophy was tolerance and pluralism and was cited throughout Southeast Asia. [6] The Indian justice system follows the common law system based on recorded precedents inherited from the British colonial legacy. The Indian judicial system consists of the Supreme Court of India, Supreme Courts and subordinate courts at district, municipal and village levels. The East India Company established the judicial system in British-era India by establishing mayoral courts in Madras, Bombay and Calcutta, formulated under the Charter of 1726 and governed by common law. During the mayor`s court order, some restrictions were discovered. It lacks detail on the type of law it will regulate and, as English law is the main source of law, it neglects personal and customary law in some cases. The Charter of 1753 re-established the mayor`s courts and placed them under the regulatory power of the governor and council. The Privy Council was the highest court of appeal. Smritis defined the commitments, practices and teachings of religion that an individual should practice in society.

“Dharmashastra” is a Smriti and one of the original legal texts written in Sanskrit, which contains information such as the principles of the law, the duties of the king, the nature of evidence and witnesses. The king commanded and was advised by his ministers. The legal procedure was Vyavahāra under Hindu law. The stages of the legal proceedings were: complaint, response, hearing and decision. Manusmriti (200 BC – 200 AD), Yajnavalkya Smriti (200 – 500 AD), Naradasmriti (100 BC – 400 AD), Vishnu Smriti (700 – 1000 AD), Brhaspatismriti (200 – 400 AD) and Katyayanasmriti (300 – 600 AD) are some of the major Smritis of the Dharmashastra texts that have been used as precedents. “Manusmriti” is the old set of rules that binds a person through certain responsibilities and obligations. The framework of the judicial system was built throughout the era of dynasties to solve various civil and criminal problems. The source of law depends largely on the nature of a country`s legal system. There are five types of legal systems, namely, civil law; Common law; Common law; Religious law and mixed law. The Indian Constitution of 1950 is the most important law dealing with the framework of codes, procedures, fundamental rights and duties of citizens and powers, as well as the duties of government. Indian laws are interconnected and form a hybrid legal system.

Classification of laws in the Indian judicial system: India has a federal judicial system whose legal system is based on mixed law, i.e. parliamentary legislation, judicial laws, customary and religious laws. The Indian judicial system is largely based on the English common law system (where law is developed by judges through their decisions, orders and judgments). It created a federal system; with a central government coupled with the state government. This article was written by Tarini Kalra, a BBA-LL.B. student at Fairfield Institute of Management and Technology affiliated with Guru Gobind Singh Indraprastrastha, New Delhi. The article examines in detail an overview of the Indian legal system. The separation of powers is divided into 3 branches, legislative, executive and judicial, each with its own powers and responsibilities. The ultimate goal of the separation of powers is to prevent the abuse of power by a government agency. This model of separation of powers is called trias politica.

The idea of this system is inspired by Montesquieu`s model in De l`esprit des Lois, 1747. In India, the separation of powers is nowhere mentioned rigidly, but is found in parts of the Indian constitution. The details of the three branches are as follows: During the reign of the Mughal Empire, Mahakuma-e Adalat was found to bring justice to the people. The Qur`an, Sunnah and Hadis, Ijma and Qiyas were the main sources of Muslim law. Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri were the principles of the trial. The hierarchy of the judicial system has been classified into: 2) Law and Justice System in the Muslim Period: began in the 12th century from 1206 to 1750 AD and this period was divided into two phases, namely the Sultanate Period (1206-1526) and the Mughal Period (1526-1750). Overall, the Muslim trial was governed by two Muslim laws, namely: Fiqh-e-Firoz Shahi and Fatwa-i-Alamgiri and the main sources of Muslim law are the Qur`an, Sunnah and Ahadis, Ijma and Qiyas. The hierarchy of the Muslim judicial system 1) The system of law and justice in the ancient Hindu period: During this period, the Indian legal system took its shadow from Hindu religious and social practice and this Hindu society was characterized by the caste system, i.e. the Brahmins; Kshatriya; Vaisyas; & Sudras and the common family system.