Indian law - AbsoluteAstronomy.com

Law of India refers to the system of law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

in modern India

India

India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

. It is largely based on English

English law

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...

common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

because of the long period of British colonial influence

British Empire

The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation first introduced by the British is still in effect in modified forms today. During the drafting of the Indian Constitution, laws from Ireland

Ireland

Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

, the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Britain

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, and France

France

The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

were synthesized into a refined set of Indian laws. Indian laws also adhere to the United Nations

United Nations

The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

guidelines on human rights law and the environmental law

Environmental law

Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...

. Certain international trade law

International trade law

International trade law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of...

s, such as those on intellectual property

Intellectual property

Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

, are also enforced in India.

Indian family law

Family law

Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

is complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindu

Hindu

Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...

s, Muslim

Muslim

A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

s, Christian

Christian

A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...

s, Sikh

Sikh

A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...

s, and followers of other religions. The exception to this rule is in the state of Goa

Goa

Goa , a former Portuguese colony, is India's smallest state by area and the fourth smallest by population. Located in South West India in the region known as the Konkan, it is bounded by the state of Maharashtra to the north, and by Karnataka to the east and south, while the Arabian Sea forms its...

, where a Portuguese

Portugal

Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...

uniform civil code

Uniform civil code

Uniform civil code of India is a term referring to the concept of an overarching Civil Law Code in India. A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This supersedes the right of citizens to be governed...

is in place, in which all religions have a common law regarding marriages, divorces, and adoption.

There are about 1221 laws as of May 2010 However, since there are Central laws as well as State laws, its difficult to ascertain their exact numbers as on a given date. The best way to find the about the Central Laws in India is from the official website.

History of Indian law

Ancient India

History of India

The history of India begins with evidence of human activity of Homo sapiens as long as 75,000 years ago, or with earlier hominids including Homo erectus from about 500,000 years ago. The Indus Valley Civilization, which spread and flourished in the northwestern part of the Indian subcontinent from...

represented a distinct tradition of law

Law

, and had an historically independent school of legal theory and practice. The Arthashastra
Arthashastra
The Arthashastra is an ancient Indian treatise on statecraft, economic policy and military strategy which identifies its author by the names Kautilya and , who are traditionally identified with The Arthashastra (IAST: Arthaśāstra) is an ancient Indian treatise on statecraft, economic policy and...

, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance. Manu

Manu (Hinduism)

In various Hindu traditions, Manu is a title accorded to the progenitor of mankind, and also the very first brahman king to rule this earth, who saved mankind from the universal flood. He was absolutely honest which was why he was initially known as "Satyavrata"...

's central philosophy was tolerance and pluralism, and was cited across Southeast Asia

Southeast Asia

Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...

.

Early in this period, which culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semipermanent character.

When India became part of the British Empire

British Empire

, there was a break in tradition, and Hindu and Islamic law were supplanted by the common law. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era.

Constitutional and administrative law

The Constitution of India

Constitution of India

The Constitution of India is the supreme law of India. It lays down the framework defining 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...

, which came into effect from January 26, 1950, is the lengthiest written constitution in the world. Although its administrative provisions are to a large extent based on the Government of India Act 1935

Government of India Act 1935

The Government of India Act 1935 was originally passed in August 1935 , and is said to have been the longest Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively split by the Government of India Act 1935 into two separate Acts:# The Government of India...

, it also contains various other provisions that were drawn from other constitutions in the world at the time of its creation. It provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government

Government of India

The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

and the State Governments. Also incorporated into the text are a chapter on the fundamental rights

Fundamental Rights in India

'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India...

of citizens, as well as a chapter on directive principles of state policy

Directive Principles in India

The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies...

.

The constitution prescribes a federal

Federalism

Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

structure of government, with a clearly defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft it own laws on subjects classified as state subjects 1. Laws passed by the Parliament of India

Parliament of India

The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...

and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. However, the Constitution also has certain unitary features, such as vesting power of amendment solely in the Federal Government, the absence of dual citizenship, and the overriding authority assumed by the Federal Government in times of emergency

State of Emergency in India

A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he perceives grave threats to the nation from internal and external sources or from financial situations of crisis...

Criminal law

The Indian Penal Code

Indian Penal Code

Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...

formulated by the British during the British Raj

British Raj

British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...

in 1860, forms the backbone of criminal law

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

in India

India

. The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law.

Jury trial

Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...

s were abolished by the government

Government of India

in 1960 on the grounds they would be susceptible to media

Mass media

Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...

and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra
K. M. Nanavati vs. State of Maharashtra
K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. The incident received unprecedented media coverage and inspired several books and movies...

, which was overturned by higher courts.

In February 2011, the Supreme Court of India

Supreme Court of India

The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

ruled that criminal defendants have a constitutional right to counsel.

Capital punishment in India

Capital punishment in India

Capital punishment in India is a legal but rarely carried out sentence.-Law:The Supreme Court of India ruled in 1983 that the death penalty should be imposed only in "the rarest of rare cases." Capital crimes are murder, gang robbery with murder, abetting the suicide of a child or insane person,...

is legal. The last execution was conducted in 2004, when Dhananjoy Chatterjee

Dhananjoy Chatterjee

Dhananjoy Chatterjee was a security guard who was executed by hanging for the murder of 14-year-old Hetal Parekh on March 5, 1990 at her apartment residence in Bhowanipur.Chatterjee, whose mercy plea was rejected on August 4, was kept at Alipore for nearly 14...

was hanged for the rape and murder of a 14-year old girl.

Contract law

The main contract law in India is codified in the Indian Contract Act, which came into effect on September 1, 1872 and extends to all India except the state of Jammu and Kashmir

Jammu and Kashmir

Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...

. It governs entrance into contract, and effects of breach of contract.
Indian Contract law is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment there acts were separated from Contract Act. Contract act is the main and most used act of legal agreements in India.

Labour law

Indian labour laws are among the most restrictive (for the employer) and complex in the world according to the World Bank

World Bank

The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...

Tort law

Development of constitution

Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

al tort

Tort

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

began in India in the early 1980s. It influenced the direction tort law in India took during the 1990s. In recognizing state liability, constitutional tort deviates from established norms in tort law. This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances. Law commission of India's first report was relating to the Liability of the State in Tort. This report was submitted by the Law commission of India on 11.5.1956. State owes tortious Liability under Article 300
of Indian Constitution.

Tax law

Indian tax law is an extremely complex body of law, with several different taxes levied by different governments. Income Tax is levied by the Central Government under the Income Tax Act, 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislations at the state level.

Trust law

Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir

Jammu and Kashmir

and Andaman and Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognise "double ownership", and a beneficiary of trust property is not the equitable owner of the property in Indian law.

Family law

Family laws in India are different when Warren Hastings

Warren Hastings

Warren Hastings PC was the first Governor-General of India, from 1773 to 1785. He was famously accused of corruption in an impeachment in 1787, but was acquitted in 1795. He was made a Privy Councillor in 1814.-Early life:...

in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Recent reform has affected custody and guardianship laws, adoption laws, succession law, and laws concernint domestic violence and child marriage.

Hindu Law

As far as Hindus are concerned Hindu Law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...

is a specific branch of law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India. Jains, Sikhs and Buddhists are also covered by Hindu law.

Muslim law

Indian Muslims'

Islam in India

Islam is the second-most practiced religion in the Republic of India after Hinduism, with more than 13.4% of the country's population ....

personal laws are based on the Sharia

Sharia

Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

, which is partially applied in India. The portion of the fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....

applicable to Indian Muslims as personal law is termed Mohammedan law. Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes. The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant.
The very Source of the Muslim law are divided into two categories :
1) Primary Source
2) Secondary Source

1)"Primary Source"
As per Sunni Law:

Quran
Sunna or Ahdis (Traditin of the Prophet)
Ijma (Unanimous Decision of the Jurists)
Qiyas ( Analogical deduction)

As per Shia Law:

Quran
Tradition (only those that have come from the family of the Prophet)
Ijma (only those confirmed by Imams)
Reasons

2. "Secondary Source"

Custom
Judicial Decisions
Legislation

Salient Feature of Quran:

Divine Origin
First Source
Structure
Mixture of Religion, Law and Morality
Different Forms of Legal Rules
Unchangeable
Incompleteness-Quran is not a complete code, only 200 verses deal with legal matters

Silence of Quran-On many legal issues, Quran is silent

Christian Law

For Christians, a distinct branch of law known as Christian Law, mostly based on specific statutes, applies.

Christian law of Succession

Christian Law of Succession in India

Christians in India have had different laws on succession. The British Indian Government enacted the Indian Succession Act of 1865 on the recommendations of the 3rd Law Commission. This Act was intended to be applied to different communities in British India who did not have a law of their own in...

and Divorce

Christian Law of Divorce in India

The British colonization of India, has had a tremendous impact on the legal system in India. In many respects, English law in letter and spirit came to be applied in India. Even when the law relating to Christian marriage was still in a fluid state, British Indian Administration thought it...

in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents.

Christian family law has now distinct sub branches like laws on marriage

Christian Law of Marriage in India

The Christian Law of Marriage in India is governed by the Indian Christian Marriage Act of 1872.Marriage, as is seen in Christian tradition, is not merely a civil contract nor is it purely a religious contract. It is seen as a contract according to the law of nature, antecedent to civil...

, divorce,restitution, judicial separation, succession, adoption

Christian law of adoption in India

Christians in India can adopt children by resort to section 41 of the Juvenile Justice Act 2006 read with the Guidelines and Rules issued by various State Governments. Apart from that there are customary laws permitting them to adopt children especially in Punjab. There is a peculiar custom among...

, guardianship

Christian Law of Guardianship in India

Christians in India are governed generally by the provisions of the Guardians and Wards Act in matters relating to guardianship of minors in respect of their person and property...

,maintenance, custody of minor children and relevance of canon law

Canon law on marriage in India

Canon law is recognised as the personal law of Catholics in India. The Supreme Court of India has held so in Lakshmi Sanyal V. S.K. Dhar . An authoritative exposition of the origin, development and legal status of canon law in India is given in the book “Christian Law on Marriage, Adoption &...

and all that regulates familial relationship.

Nationality law

Nationality law or citizenship law is mainly codified in the constitution of India

Constitution of India

and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship

Multiple citizenship

Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...

, the Parliament of India

Parliament of India

passed on January 7, 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.

Law enforcement

India has a multitude of law enforcement agencies. All agencies are part of the Internal Affairs Ministry (Home Ministry). At the very basic level is the local police force, which is under state jurisdiction.

History of Indian law

Constitutional and administrative law

Criminal law

Contract law

Labour law

Tort law

Tax law

Trust law

Family law

Hindu Law

Muslim law

Christian Law

Nationality law

Law enforcement

See also