Law of India: Difference between revisions

Latest revision as of 11:20, 15 February 2025

Overview of the legal system in India

The Law of India refers to the legal system that governs the Republic of India. It is a complex system that draws from a variety of sources, including the Constitution of India, statutory laws, customary laws, and judicial precedents.

Sources of Law[edit]

The primary sources of law in India are:

Constitution of India[edit]

The Constitution of India is the supreme law of the land. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.

Statutory Law[edit]

Statutory laws are laws enacted by the Parliament of India and the state legislatures. These laws are written and codified, and they cover a wide range of subjects such as criminal law, civil law, and commercial law.

Customary Law[edit]

Customary laws are traditional laws that are followed by certain communities in India. These laws are not codified but are recognized by the courts as long as they do not conflict with statutory laws or the Constitution.

Judicial Precedents[edit]

Judicial precedents are decisions made by the Supreme Court of India and the High Courts of India. These decisions are binding on lower courts and play a significant role in the interpretation and application of laws.

Legal System[edit]

India has a common law legal system, which is based on the British legal system. The judiciary is independent and has the power of judicial review.

Judiciary[edit]

The judiciary in India is a hierarchical system with the Supreme Court of India at the top, followed by the High Courts of India and the District Courts of India.

Criminal Law[edit]

Criminal law in India is governed by the Indian Penal Code, the Code of Criminal Procedure, and other statutes. It deals with offenses against the state and prescribes punishments for various crimes.

Civil Law[edit]

Civil law in India deals with disputes between individuals or organizations. It includes laws related to contracts, property, family, and torts.

Legal Profession[edit]

The legal profession in India is regulated by the Bar Council of India. Lawyers in India are required to enroll with a state bar council and adhere to the rules and regulations set by the Bar Council of India.

Related pages[edit]

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-'''Law of India''' refers to the system of law in modern [[India]]. It is largely based on English common law because of the long period of British colonial influence during the [[British Raj|period of British Raj]]. The Constitution of India, which came into effect on 26 January 1950 is the supreme law of India.
+{{short description|Overview of the legal system in India}}
+{{Use dmy dates|date=October 2023}}
-==History==
+[[File:Constitution_of_India.jpg|thumb|right|The Constitution of India]]
-The history of law in India is closely linked to the country's history. The [[Manusmriti]], also known as the Laws of Manu, is one of the earliest known legal texts from India, dating back to at least 200 BC. The [[Arthashastra]], written by [[Chanakya]], was a treatise on statecraft, economic policy and military strategy which identified the king's duty as ensuring the welfare of his people and the protection of the state.
-==Constitution of India==
+The '''Law of India''' refers to the legal system that governs the Republic of India. It is a complex system that draws from a variety of sources, including the [[Constitution of India]], statutory laws, customary laws, and judicial precedents.
-The [[Constitution of India]] is the supreme law of India. It lays down the framework that demarcates fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth.
-==Criminal Law==
+==Sources of Law==
-The main legislation pertaining to criminal law is the [[Indian Penal Code]], which was enacted in 1860. It provides a framework for the process of criminal law within the country. Other important laws include the [[Code of Criminal Procedure, 1973 (India)|Code of Criminal Procedure]], which outlines the procedural aspects of the criminal law, and the [[Indian Evidence Act]], which sets out the rules of evidence.
+The primary sources of law in India are:
-==Civil Law==
+===Constitution of India===
-Civil law in India is a complex system of laws due to the country's diverse ethnic, religious and tribal groups. The [[Indian Contract Act, 1872]] governs the law of contracts in India. The [[Transfer of Property Act]] regulates the transfer of property in India.
+The [[Constitution of India]] is the supreme law of the land. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
-==Family Law==
+===Statutory Law===
-Family law in India is based on the religious community of the person in question. There are different laws for different religious communities such as the [[Hindu Marriage Act]], [[Muslim Personal Law]], and [[Christian Marriage Act]].
+Statutory laws are laws enacted by the [[Parliament of India]] and the state legislatures. These laws are written and codified, and they cover a wide range of subjects such as criminal law, civil law, and commercial law.
-==Labour Law==
+===Customary Law===
-Labour law in India is governed by a comprehensive list of laws including the [[Factories Act, 1948]], [[Minimum Wages Act]], and the [[Trade Unions Act, 1926]].
+Customary laws are traditional laws that are followed by certain communities in India. These laws are not codified but are recognized by the courts as long as they do not conflict with statutory laws or the Constitution.
-==See Also==
+===Judicial Precedents===
-* [[Legal education in India]]
+Judicial precedents are decisions made by the [[Supreme Court of India]] and the [[High Courts of India]]. These decisions are binding on lower courts and play a significant role in the interpretation and application of laws.
-* [[Legal profession in India]]
-* [[Law enforcement in India]]
-[[Category:Law in India]]
+==Legal System==
+India has a [[common law]] legal system, which is based on the British legal system. The judiciary is independent and has the power of judicial review.
+===Judiciary===
+The judiciary in India is a hierarchical system with the [[Supreme Court of India]] at the top, followed by the [[High Courts of India]] and the [[District Courts of India]].
+===Criminal Law===
+Criminal law in India is governed by the [[Indian Penal Code]], the [[Code of Criminal Procedure]], and other statutes. It deals with offenses against the state and prescribes punishments for various crimes.
+===Civil Law===
+Civil law in India deals with disputes between individuals or organizations. It includes laws related to contracts, property, family, and torts.
+==Legal Profession==
+The legal profession in India is regulated by the [[Bar Council of India]]. Lawyers in India are required to enroll with a state bar council and adhere to the rules and regulations set by the Bar Council of India.
+==Related pages==
+* [[Constitution of India]]
+* [[Supreme Court of India]]
+* [[Indian Penal Code]]
+* [[Parliament of India]]
+[[Category:Law of India]]
 [[Category:Indian law]]
-[[Category:Legal systems]]
-{{India-law-stub}}