Structure of Indian Legal System
The law of India refers to the legal system throughout the Indian nation. India maintains a hybrid legal system with a mix of civil, common law and common law, Islamic ethics[1] or religious law within the legal framework inherited from the colonial era, and various laws first introduced by the British are still in force today in modified form. Since the drafting of the Indian Constitution, Indian laws have also been in line with United Nations guidelines on human rights and the environment. Law in India has evolved from religious regulation to the current constitutional and legal system we have today, traversing secular legal systems and common law.[3] In short, that is how our legal system works. It is our responsibility to know the legal system, because society, the individual and the different laws are interdependent. It is a vicious circle. An ordinary person should have an idea of what the system in which we operate is (although it does not work) and along what lines it works? Even though we may have different opinions, that is, whether our system is good or bad, does it work well or not, is it able to do justice to the poor and needy or not? Are there any fundamental questions we might have? But the goal here is to sensitize the masses who are not at all familiar with our structure of the Indian legal system, so that they cannot remedy it. The development of constitutional tort law in India began in the early 1980s. [28] It influenced the direction of tort law in India in the 1990s. [28] With respect to the recognition of state responsibility, the Constitutional Act departs from established rules of tort law.
[28] These include deaths deprived of liberty, police atrocities, killings, unlawful detentions, and enforced disappearances. The first report of the Law Commission of India dealt with Crown tort. This report was submitted by the Law Commission of India on 11 May 1956. The state is responsible under Article 300 of the Constitution of India. [29] The constitution of a country is described differently according to the type of political regime and takes on the character of a federal form (several independent units grouped together) or uniform form of government. India is declared a socialist, secular and democratic republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of over 1000 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people. In other words, it is a political document that distributes the power of the state among different organs (central government and state governments). The main contract law in India is codified in the Indian Treaty Act, which came into force on 1 September 1872 and extends to the whole of India.
It governs the conclusion of the contract and the effects of the breach of contract. Indian contract law is popularly known as the commercial law of India. Originally, the Indian Sale of Goods Act and the Partnerships Act were part of the Indian Contracts Act, but due to necessary amendments, these Acts were separated from the Contracts Act. Contract law occupies the most prominent place in legal agreements in India. Secular law in India varied considerably from region to region and from ruler to ruler. Civil and criminal judicial systems were essential features of many ruling dynasties of ancient India. Excellent secular judicial systems existed under the Mauryas[4] and the Mughals,[5] the latter giving way to the current common law system. A very brief description of our justice system today. With the exception of the Supreme Court, India does not have a federal judicial system like the United States. Each Member State has its own judicial power, which administers both Union law and the law of the Member States. As during the Mauryan Empire, each district of the state has its hierarchy of bailiffs – Munsif, civil judges, civil judges and session judges – with the district judge at its head. I will not give a detailed description of the organization of our state judicial system.
A relic of the usurpation of imperial power is the name Fauzdari still gives today for criminal trials. After the conquest of Bengal by the British, the process of replacing the Mughal judicial system with the British began. But it took a long time. In fact, the Sadre Diwani Adalat continued to function until it was replaced by the Supreme Courts. The Mughal justice system has left its mark on the current system, and much of our legal terminology is borrowed from it. Our civil courts of first instance and Munsifs, plaintiff and defendant are called Muddai and Muddaliya, and many other legal terms remind us of the great days of the Mughal Empire. The main components of the Indian legal system[2] are as follows: After the First War of Independence in 1857,[19] control of the corporate territories in India passed to the British Crown. Being part of the empire saw the next big change in India`s legal system.
The Supreme Courts were created to replace the many existing oral courts. These courts were transformed into the first High Courts by letters patent approved by the Indian High Courts Act, passed by the British Parliament in 1862. The supervision of the lower courts and the registration of lawyers have been delegated to the respective higher courts. During the Raj, the Privy Council acted as the highest court of appeal. Cases before the Council were decided by the Law Lords of the House of Lords. The state sued and sued on behalf of the British ruler in her capacity as Empress of India. The Indian legal system is one of the oldest legal systems in the history of the world. It has changed and evolved over the past few centuries to absorb inferences from legal systems around the world.
The Constitution of India is the source of the Indian legal system. It shows the Anglo-Saxon character of the judiciary, which derives essentially from the British legal system. India is a country with a diverse culture, local customs and different conventions that do not contradict the statue or ethics. Persons of different religions and traditions are governed by the various personal status laws with regard to family matters. This article will focus on the radical changes and their impact on the modern Indian legal system, as India was home to four major legal traditions, Hindu, Muslim, British and modern and independent. Although each of the latter three jurisdictions was established in India as a result of dramatic political changes, none has ever completely replaced its predecessors. Important elements of earlier traditions have been preserved in each new system, and all previous traditions are present in contemporary Indian law. It is also desirable that disputes be settled first by an arbitrator within the family. Modern Japan has a somewhat similar system of family dishes. The importance of family courts is that the court system has its roots in the social assistance system, which explains its success.
The following diagram shows the structure and organization of the country`s judicial system. What are the structures and functions of the judiciary? A country`s legal system is part of its social system and reflects the social, political, economic and cultural characteristics of society. It is therefore difficult to understand the legal system outside the socio-cultural environment in which it operates. In the case of India, the legal system is still alien to the majority of Indians, whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal or non-existent. The language, technique and procedure of the inherited legal system are indeed factors limiting access to justification for the illiterate and impoverished masses of our country. Nevertheless, the rights and benefits conferred by laws and the Constitution offer these same people the opportunity to enjoy the fruits of a social democracy that the Indian people gave themselves on January 26, 1950. In this context, knowledge of the law and its processes becomes essential for every Indian, rich or poor. Man or woman, young or old. This article provides you with relevant facts about the Indian judicial system, the role of the judiciary, its structure, organization and functioning.
A tiered system consists of certain basic principles and values (broadly defined in the Constitution), a set of operational standards, including the rights and duties of citizens set out in laws – central, state and local – institutional structures for law enforcement, and a cadre of legal personnel responsible for administering the system.
