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INDIAN LEGAL SYSTEM
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
 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.
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?
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.
INDIAN LEGAL SYSTEM
INDIAN LEGAL SYSTEM

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INDIAN LEGAL SYSTEM

  • 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.