IALL 2011 Panel Session


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Open Access to Legal Materials in India

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IALL 2011 Panel Session

  1. 1. IALL 2011- Kuala Lumpur Panel Session: Law Librarians 7 December 2011Open Access to Legal Materials in India Uma NarayanChief Librarian, Bombay High Court Mumbai, India
  2. 2. The Indian Legal System Ancient Indian Legal and Constitutional system established a duty based society. It not only involved the duty of individual towards the society but also the duty of the Ruler towards the individuals and the society. There were many treatises in Ancient India relating to the legal system. The most significant of them are the Manusmriti –Laws of Manu . Brief English translation is available in http://sanskritdocuments.org/all_pdf/manusmriti.pdf Kautilya’s Arthasastra http://hinduebooks.blogspot.com/2009/04/arthashastra-of- chanakya-english.html The Common law was introduced by the British during their rule in India which formed the basis of the present Indian Legal system. 2
  3. 3.  The jurisprudence followed in India is Anglo-Saxon jurisprudence with cross-fertilization by Indian values. India follows the adversary system of legal procedure- the judge acts as a neutral arbiter upholding the balance between the contending rivals without actively taking part in the forensic debate in the court. The Constitution of India is on a higher footing than ordinary legislation. Parliamentary legislation inconsistent with the Constitution can be declared as void by the Superior Courts. 3
  4. 4. Hierarchy of Courts in India  Supreme Court of India is the Apex Supreme Court Court of the country located in New Delhi.  There are twenty-one High Courts in India and have jurisdiction over High Courts twenty-eight states and seven union territories.  The District Courts of India are theDistrict Courts courts established by the State Government for every district or for one or more revenue districts together in each State.Taluka Courts  A Taluka is an administrative division, similar to a County 4
  5. 5. Free Indian Legal Resources I) Government websites The National Informatics Centre (NIC) is a premier ICT organisation of Government of India. The Constitution of India was drafted by the Constituent Assembly and was made the supreme law of the land in 1950 on and with effect from January 26, 1950. The proceedings of the Constituent Assembly called Constituent Assembly Debates available http://parliamentofindia.nic.in/ls/debates/debates.htm Constitution of India with latest amendment acts are freely available in http://indiacode.nic.in/coiweb/welcome.html For index -wise access of the Constitution of India: http://indiacode.nic.in/coiweb/coifiles/part.htm Legislation : The Central Government Acts are freely available in India Code website http://indiacode.nic.in/ 5
  6. 6. I) Government websites Law Commission Reports of India can be accessed from the Commission’s website maintained by Ministry of Law and Justice, Government of India - http://lawcommissionofindia.nic.in Ministry of Law and Justice, Govt. of India - http://lawmin.nic.in Indian judicial system is made up of Supreme Court of India and twenty-one High Courts. These Courts have jurisdiction of over a state, union territory or group of states and union territories. The site http://www.indiancourts.nic.in/ will give the links to websites of all courts in India. 6
  7. 7.  The Causelists of the Supreme Court and Twenty-one High Courts are available. Causelists are the schedule of cases to be heard by the courts on following day http://indiancourts.nic.in/content.htm Case Status of the matters and the Daily Orders of various courts can be accessed http://www.courtnic.nic.in/ Court Judgments are available in http://judis.nic.in Supreme Court Reports – authentic publication of Supreme Court of India judgments now available freely in this link http://supremecourtofindia.nic.in/scr.htm 7
  8. 8. Private websites providing free dataThere are private websites where the legal data is freely available : India Kanoon : http://www.indiankanoon.org Vakil No.1 - http://www.vakilno1.com/index.html PRS legislative Search (an independent research initiative) : http://www.prsindia.org/ Laws of India ( a PRS initiative) to provide State Acts : http://www.lawsofindia.org/index.php Indlii: http://www.indlii.org/index.aspx Lii of India: http://liiofindia.org - started in March 2011 Legal India - http://www.legalindia.in Legal Service India: http://legalserviceindia.com 8
  9. 9. Private Websites – Subscription based Online services Manupatra: Central & State Acts, Court Judgments : www.manupatra.com Indlaw – Central & State Acts, Court Judgments: http://www.indlaw.com/ SCC Online Web Edition: www.scconline.co.in AIR Web World : http://airwebworld.com/ Laws4India – Tax laws and judgments http://www.laws4india.com/Default.aspx CDJ Law Journal : www.cdjlawjournal.com Supreme Court Case Law : www.supremecourtcaselaw.com Legal Pundit : http://www.legalpundits.com/ 9
  10. 10. Bombay High Court Judges E-Law Library The Bombay High Court Judges Library has taken an initiative to provide the all important legal material for quick reference. Links are provided from the Government websites to the latest judgments of Supreme Court of India , & Bombay High Court also the recent Government Notifications on various subjects. http://bombayhighcourt.nic.in/libweb/judlibwebindex.htmlIf any one of you require any Indian Legal Material or Cases you are welcome to send an email to our Library, we will try our best to assist you. Our email id: judlib-bhc@nic.in 10
  11. 11. Thank You very much 11