Law of India
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
The primary sources of law in India are:
Constitution of 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.
Statutory Law
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
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
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
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.
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Contributors: Prab R. Tumpati, MD
