The Indian Legal System

Ancient India represented a distinct legal tradition and had a historically independent school of legal theory and practice. The Dharmaśāstras played an important role. The Arthashastra of 400 BC. A.D. and the Manusmriti of 100 A.D. They were influential treatises in India, texts considered authoritative legal advice. [5] Manu`s central philosophy was tolerance and pluralism and was cited throughout Southeast Asia. [6] Throughout history, the Indian judicial system has undergone many changes. The pillar and the upper core is the Constitution of India, which has defined the functioning of the entire judicial system in India. The country`s rapid development also requires important reforms of the judicial system. The Indian government is trying to remove the barriers and the backlog. However, there is still room for improvement. The law of India refers to the legal system throughout the Indian nation.

India maintains a hybrid legal system with a mix of civil, common law and common law, Islamic ethics[1] or religious law within the legal framework inherited from the colonial era, and various laws first introduced by the British are still in force today in modified form. Since the drafting of the Indian Constitution, Indian laws have also been in line with United Nations guidelines on human rights and the environment. The legal system in India follows the common law model that prevails in countries that were once under British rule or that were part of the British Commonwealth. The jurisprudence in India is almost the same as in England, although it has been fertilized by typical Indian values. The main contract law in India is codified in the Indian Treaty Act, which came into force on 1 September 1872 and extends to the whole of India. It governs the conclusion of the contract and the effects of the breach of contract. Indian contract law is popularly known as the commercial law of India. Originally, the Indian Sale of Goods Act and the Partnerships Act were part of the Indian Contracts Act, but due to necessary amendments, these Acts were separated from the Contracts Act. Contract law occupies the most prominent place in legal agreements in India. The Indian judicial system follows the common law system, which is based on recorded precedents inherited from the British colonial legacy. The Indian judicial system consists of the Supreme Court of India, Supreme Courts and subordinate courts at district, municipal and village levels.

The Vedas, Bronze and Indus Valley civilizations all contributed to the legal system in India. The first known source of law in India was classical Hindu law. The “Dharma” deals with legal and religious duties. The main sources of Hindu law or “Dharma” are Veda, Smriti and Aachara. The law is a set of obligations and principles imposed by the government to ensure welfare and justice to society. India`s legal framework reflects the social, political, economic and cultural components of society. The common law system has its roots in the history of the legal system in India. The main sources of law in India are the constitution, laws, customary law and judicial decisions of higher courts.

Laws passed by Parliament may apply throughout India or part of India, while laws passed by state legislators generally apply within the borders of the states concerned. This article was written by Tarini Kalra, a BBA-LL.B. student at Fairfield Institute of Management and Technology affiliated with Guru Gobind Singh Indraprastrastha, New Delhi. The article examines in detail an overview of the Indian legal system. One of the biggest challenges facing the Indian judicial system is delaying cases. The main cause of the wait is the increasing number of new cases and the slow pace at which they are resolved. As of May 2022, more than 4.7 billion lawsuits were pending in courts at all levels of the judiciary. Nearly 1,82,000 cases have been pending for more than 30 years, of which 87.4 per cent have been pending in the lower courts and 12.4 per cent in the higher courts. According to the Department of Justice`s National Judicial Data Grid database, courts saw a 27% increase in wait times between December 2019 and April 2022. Currently, there is not enough judges available to resolve disputes.

Statistics from the Ministry of Justice show that there are 400 vacancies with a staff of 708 as of June 2022 for judges of the Supreme Court of India and the Supreme Court, which is not enough to fill the backlog of pending cases in India. The personal laws of Indian Muslims are based on Sharia law, which is therefore partially applied in India,[40] and on laws and court decisions that adapt and adapt Sharia law to Indian society. The part of fiqh that is considered a personal right for Indian Muslims is called Muslim law. Although Muslim law is largely uncodified, it has the same legal status as other codified laws. [41] The development of the law is largely based on judicial precedents that have recently been reviewed by the courts. [41] The concept of judicial precedent and “judicial review” is a key element of the United Kingdom common law on which Indian law is based. The contribution of Justice V.R. Krishna Iyer on the issue of the interpretation of legal and personal law is significant. During the reign of the Mughal Empire, Mahakuma-e Adalat was found to bring justice to the people. The Qur`an, Sunnah and Hadis, Ijma and Qiyas were the main sources of Muslim law. Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri were the principles of the trial. The judicial system was divided into Diwani Adalats District for civil cases and Fauzdari Adalats District for criminal cases, and the Supreme Court of Calcutta was established under the Regulations Act 1773 AD under the administration of Warren Hastings (1772-1785 AD).