2. The Constitution Of India was adopted on 26th
November 1949. It is based on the government of
India Act, 193.
The Constitution Of India is the bulkiest in the world
and the product of the aspirations of the people.
It is noted parliamentary creation but: of the
people, by the people, and for the people qualified
it as the largest democracy in the world.
The Preamble to the constitution establishes India as
a Sovereign, Socialist, Democracy, Republic. The
Constitution Of India is federal but unitary in spirit.
Meaning by that the quality of governance in India
is neither completely central not entirely unitary. It is
quasi-federal.
3. India has a parliamentary or cabinet form of
government.
As the state as well as the union level.
In a parliamentary democracy, there is an
interdependency between the executive and the
legislature.
The Judiciary enjoys ana independent states.
The Constitution Of India provides for a bicameral
parliament where the parliament comprises 2
hoses.
4. The Raja Sabha( council of states ) & The Lok
Sabha( House of the People).
At the state level as well the legislature has 2
houses.
Vidhan Sabha (Legislative Assembly) & Vidhan
Parishad ( legislative council).
5. Indian judicial system does not come under the
control of either the legislature or the executive.
Indian judiciary comprises a Supreme Court, High
Court for every state, District Courts, and other local
levels Subordinate Courts.
The Supreme Court of India is the highest in the
country and it is the custodian of the constitution.
It has absolute power over the countries judicial
administration. As its decision are binding on the rest
of Indian Courts.
6. When we trace the development of the
Indian Legal System. There are 3
characteristics faces
1. Pre-Colonial Legal History.
2. Common-Law Legal System.
3. Development Post
Independence.
7. 1) PRE-COLONIAL LEGAL HISTORY:
The 1st recorded Indian legal structure can be
traced to Vedic times.
Classical Hindu Law is based on the concept of
Dharma.
One of the most resourceful ancient legal literature
is ManuSmiriti.
It established certain Fundamental Principles that
govern civil society.
8. Similarly, Dharma Sastra contains rules than an
individual code to follow to lead an ideal human
life.
The Mugal Sultane gave a plurality to the existing
legal structure became an essential form of judicial
administration.
It becomes permanent to state that during the
ancient & medieval system.
Indian Legal system had no uniform institutional
structure & varied greatly from one region to
another.
9. 2) BRITISH LEGAL SYSTEM:
In India, the Britishers East India Company
brought in the common law system.
As per the system, the legal proceedings were
based on the documented code of
precedence.
The company gradually started losing
administration control in 1857, the territories
governed by the company came under the
British crown.
This marked a significant position in the legal
system of India.
10. The setting up of position in the legal system of
India.
The setting up of courts (ie) Supreme court, High
Court, and other lower courts in their hierarchical
order.
Marked the development of a new legal system
under the British Empire.
The 1st Law Commission established in 1834 (ie)
through the charter of 1833.
Under the Lord Macaulay and was done to codify
the Penal Laws of the country.
11. 3) LEGAL SYSTEM POST-INDEPENDENCE:
The modern-day legal framework of India has
undergone an evolution from ancient (ie) organizes
to the colonial times.
Where in strangulation were found? The common
law legal protection act says- precurses our
constitution design and posted independent
legislative enactments having its origin traced tot he
common law legal family.
A manifest example would be our criminal justice
wherein the principal enactment(ie) Indian Penal
Code, is a gift from William Macaulay.
Our constitution enshrines a welfare state acting as
a parent patriot.
12. Indian laws also adhere to the United Nations
guidelines on Human Rights Law, Environment Law.
Specific International Crime Laws, such as those on
international , Intellectual Property are also enforced
in India.
The law-making in a democratic form of
government is exclusive to domain parliamentarians.
Indian Constitution empowers the state to make
laws governing society through Article-12.
However Legislative design the subject adheres to
constitutional principles and rights.
The state cant make any laws that are interrogation
or violates Fundamental Rights.
13. The most prominent source of law in modern India is
a legislative plot by representatives.
However, there are some other significance of laws
in India state as judicial precedence, customs,
usages, and traditions.
The administration of the legal system in India is
done by the judiciary.
Which is a dependent organ in democracy and
the constitution of India expressly endorses the
independence of the judiciary?
14. The judicial system in India is a pyramidal hierarchy
with the supreme court sitting at the top of the
pyramid.
The legal system in India has drastically changed
since colonial times.
There is criticism collected towards the existing legal
framework as not society and with its identification as
a common law legal system.