WEB: India's Legal System - A Comprehensive Guide
Introduction
India's legal system is one of the oldest in the world. The Constitution of India guarantees the fundamental rights of every citizen and provides for an independent judiciary. The Indian legal system is also complex and diverse, with influences from common law, civil law, and religious law.
History of the Indian Legal System
The history of the Indian legal system can be traced back to ancient times. The earliest legal codes were created by the Mauryan Empire (322-185 BCE). These codes were based on the principles of dharma, or righteousness. The Gupta Empire (320-550 CE) also developed a number of legal codes. These codes were based on Hindu law and were influenced by Buddhist and Jain thought. The arrival of the British in India in the 18th century led to the introduction of common law. The British established a number of courts, including the Supreme Court of India. The Supreme Court is the highest court in the Indian legal system. After India gained independence from the British in 1947, the Indian government adopted the Constitution of India. The Constitution guarantees the fundamental rights of every citizen and provides for an independent judiciary.
Structure of the Indian Legal System
The Indian legal system is based on the principle of separation of powers. The three branches of government are the legislature, the executive, and the judiciary. The legislature is responsible for making laws. The executive is responsible for enforcing laws. The judiciary is responsible for interpreting laws. The Indian legal system is also divided into two main categories: civil law and criminal law. Civil law deals with disputes between individuals or organizations. Criminal law deals with crimes against the state or society.
Sources of Indian Law
The sources of Indian law include the Constitution, statutes, case law, and customary law. The Constitution is the supreme law of the land. Statutes are laws that have been enacted by the legislature. Case law is the body of law that has been created by decisions of the courts. Customary law is the body of law that has been developed through usage and tradition.
Courts in India
There are a number of different courts in India. The Supreme Court is the highest court in the land. Below the Supreme Court are the High Courts, District Courts, and Subordinate Courts. The High Courts are the highest courts in each state. The District Courts are the trial courts for most cases. The Subordinate Courts are the lowest courts in the Indian legal system.
Legal Education in India
There are a number of law schools in India. The National Law School of India University is the most prestigious law school in the country.
Legal Profession in India
The legal profession in India is regulated by the Bar Council of India. The Bar Council is responsible for setting standards for legal education and for regulating the conduct of lawyers.
Conclusion
The Indian legal system is a complex and diverse system. It is based on the principles of dharma, common law, and civil law. The Indian legal system is also influenced by religious law. The Indian legal system has a long history and is constantly evolving.
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