1.indian legal system_neetu _pandey

1. Indian Legal System
Neetu Pandey
Faculty,URICM

2. Introduction
Indian Legal System has been compared with 'Triveni meaning
confluence of 3 rivers .
Thus, there are 3 streams which make the Indian Legal f System.
The first one is that of Common Law, the second one is that of Civil
Law and the third one consists of the Personal and Customary
Laws. Let us examine each one of them in some detail.

3. Story
• Read the following passage carefully and discuss the
significance of 'justice'.
• One day Emperor Akbar asked Birbal what he would choose if he
were given a choice between justice and a gold coin. “The gold
coin,” said Birbal.
• Akbar was taken aback. “You would prefer a gold coin to
justice?” he asked, incredulously. “Yes,” said Birbal. The other
courtiers were amazed by Birbal's display of idiocy.
• For years they had been trying to discredit Birbal in the
emperor's eyes but without success and now the man had gone
and done it himself!
• They could not believe their good fortune. “I would have been
dismayed if even the lowliest of my servants had said this,”
continued the emperor.
• “But coming from you it's . . . it's shocking - and sad. I did not
know you were so debased!” “One asks for what one does not
have, Your Majesty!” said Birbal, quietly. “You have seen to it
that in our country justice is available to everybody. So as justice
is already available to me and as I'm always short of money I said
I would choose the gold coin.” The emperor was so pleased with
Birbal's reply that he gave him not one but a thousand gold
coins. Law in India has primarily evolved from customs and
religious prescription t

4. History of Law
Law in India has primarily evolved from customs and religious
prescription to the current
constitutional and legal system we have today, thereby traversing
through secular legal systems and the common law
India has a recorded legal history starting from the Vedic ages.
It is believed that ancient India had some sort of legal system in
place even during the Bronze Age and the Indus Valley civilization.

5. History of Law
Law as a matter of religious prescriptions and philosophical discourse has an
illustrious history in India. Emanating from the Vedas, the Upanishads and other
religious texts, it was a fertile field enriched by practitioners from different Hindu
philosophical schools and later by the Jains and Buddhists.
Secular law in India varied widely from region to region and from ruler to ruler.
Court systems for civil and criminal matters were essential features of many ruling
dynasties of ancient India. Excellent th th secular court systems existed under the
Mauryas (321-185 BCE) and the Mughals (16 – 19 centuries) which preceded the
current scheme of common law in India.

6. History of Law
This section begins with the idea of Hindu law and traces its origin through the ancient legal
literature. The section also describes the evolution of Hindu law during the British rule as well
as the modern times, to conceptualize ancient Indian law in relation with modern law.
Islamic law became relevant in India only during the medieval period or the middle ages,
especially with the advent of the Mughal Empire in the mid-16th century CE. Since the focus
of this section is on the ancient Indian law, a brief subsection has been provided that
describes the introduction of the Islamic law in India.
However, the British courts replaced the Mughal court systems that were largely prevalent in
India.

7. Common Law
India is a
Common
Law Country.
In many
countries of
the world
where
colonisation
by England
took place;
common law
is found to
be dominant
even after
decolonisati
on.
Common
Law simply
speaking is
Judge made
Law or Case-
law.
Setalvad
defines
common law
as:
"those
unwritten
legal
doctrines
embodying
custom and
tradition
which have
been
developed
over the
centuries by
the courts".

8. Civil Law
Law needs to be certain, precise and predictable. Civil Law or
Codified Law or Black Letter Law is looked at to fulfil this
requirement of certainty.
The idea of Civil codes is derived from the Codes of
continental Europe, where the Judges decide each case on
its merits by applying the law as enacted into the Codes and
not in confirmity with the system of stares decisis.

9. Personal and Customary Law
Now coming to the
third stream of law
which consists of
Personal Laws of
various communities
in India, it should be
noted that India is a
Heterogeneous
country. It has a very
long cultural
heritage.
The oldest part of
the Indian Legal
system is the
Personal Laws
governing Hindus
and Muslims. They
are based on the
religious treatises of
thei respective
religions.
The customary Laws
of various tribal
communities and
other ethnic groups
also form part of the
Law administered in
India.

10. Indian Legal System

11. Summing Up
• From the above introduction, it is clear that Indian Legal System is a
mixed legal system. The ideal of uniform Civil Code as expected in our
constitution is not easy to achieve due to political, social and religious
reasons. One feature of the Indian legal system is that it has a great
influence in making, interpreting and executing the Laws of the British
Legal system.

12. Role of Legislature
Legislature as agent : linkage,representation,debating,and
legitimation
Legislature as Principal : Control, Oversight and budget
control
Legislature as Legislator : policy making vs. Policy
influencing (Conslutation,delay,VETO amendment,initiaton)

13. Make amend or replace law.
Laws are introduce as ‘bills’ in the legislature.
Legislature debates the bill.
If bill is approved it becomes law.
Legislative Function

14. Legislature , Executive and Judiciary
• The legislature makes laws, the executive enforces them and
the judiciary applies them to the specific cases arising out of the breach of
law. Thus, it has become a model for the governance of democratic States
judiciary
applies
the law
Executive
Enforces
the law
Legislature
Makes
Law

15. Are You Aware that …
• About two-thirds of our laws have not been used in independent
India.
• About 10 per cent of them can be scrapped right away.
• And most of the 10 per cent in use currently have so many obsolete
and conflicting provisions.
• The oldest law in the country has been in operation for over a century
and half. The one sentence 1836 Bengal District Act empowers the
Bengal government to create as many zillas as it wants. The Act still
exists.

16. Are You Aware that …
• Under the Indian salaries Act, 1867, it is a punishable offence for ‘inn-
keepers’ not to offer free drinking water to passer-by.
• Only about 40 per cent of our laws are in regular use. Independent
India has till now found no conceivable use for the rest.
• While India badly needs efficient laws, the time spent by the law-
making body on the job is unbelievably little.
• Parliament spends less than 0.6 per cent of a Lok Sabha day on law-
making.

17. Legal Education
At present there are two educational options for would-be Law
graduates in India.
One is a five year program, to which one can be admitted after passing
a school-leaving examination taken after completion of 10+2.
The other is a three year program available only to those who have
already graduated with a degree in Arts, Science or Commerce.

18. Thanks
Interesting Legal websites:
• www.indlii.org
• www.judis.nic.in
• www.indiacode.nic.in
• www.delhicourts.nic.in
• www.legalbasket.com
• www.indiacyber.net
• www.supremecourtofindia.nic.in
In case of any suggestion/clarification, Please mail at:
neetupandey333@gmail.com