INDIAN LEGAL SYSTEM

Elements of Indian Law & History of Indian Judicial System.

Definition of Law
Law is the body of principles recognised and applied by the state in the administration of justice.- By SALMOND.

Purpose of Law
To maintain Law & order To establish socio-economic justice and remove the existing imbalance in socioeconomic structure.

GENERAL CLASSIFICATION OF LAW

CIVIL LAW(Eg: Indian Contract Act) CRIMINAL LAW( Eg:Indian Penal Code)

CLASSIFICATION OF LAW-Remedy wise

Remedies for violation of personal rights. Remedies for violation of property rights. Contractual remedies. Matrimonial remedies. Constitutional remedies. Civil remedies/Criminal remedies. Consumer remedies. Remedies under the Law of Torts.

Elements of Indian Law

Usage; Custom Tradition

Way in which something is usually done; How things

are usually done since time immemorial.

Transferred from ancestors Court judgments

Precedents

Common Law

A body of judge made law developed through practices. Based on the criteria that common issues should be treated commonly at all times. Ancient laws C.P.C,Personal Laws; I.P.C.

Roman Law; Greek Law Civil Law; Criminal Law

Constitutional Law;Administrative Law Fundamental rights and Directive principles;

Enforcement of Law.

HISTORY OF INDIAN JUDICIAL SYSTEM

History of Indian Judicial System and laws begin with the advent of East India Company. Pre-Independence and Post-Independence.

During Pre-Independence
Charter of A.D 1600 Charter of A.D 1726 Govt of India Act,1858 The Indian High Courts Act,1861 The Govt of India Act,1919 The Govt of India Act,1935 The Indian Independence Act,1947

CHARTER OF A.D 1600

Charter of 1600 given to the East India Company by the British Crown. For carrying legitimate trading activities in India. Conferred a corporate character and gave juristic powers. Empowered the East India Company to frame laws and to inflict fines and penalties.

CHARTER OF A.D 1726

"The Mayor's Court" was established under direct authority of the King in the Presidency towns.

Establishment of Supreme court by Royal Charter

Establishment of Supreme Court in the Presidency towns instead of Mayors court.

GOVT. OF INDIA ACT,1858

British Crown assumed sovereignty over India appropriating it from the East India Company. Act enacted by the British Parliament. The Secretary of State for India assisted by a Council of 15 members(English people) exercised the powers of the Crown. The Secty governed through the Governor General. Not allowed any local participation.

INDIAN HIGH COURTS ACT,1861

Laid the foundation of setting up the system of judicial administration in India. Abolished the dual system of administration of justice, one by the courts of the Company and other by the courts under the crown.

THE GOVT OF INDIA ACT,1919

Provided for increased participation of Indians in every branch of administration of India in the governance of the country.

THE GOVT OF INDIA ACT,1935

Transformed the unitary nature of Indian administration into a Federation of Provinces and the Indian Princely state as its units. The Act provided for separation of legislative powers between the Provincial and central legislatures according to the scheme and limits defined by the Act. Provided for the establishment of Federal Court.

THE INDIAN INDEPENDENCE ACT,1947

Provided that India have their own separate Constituent Assembly which would have the power to repeal any Act enacted for India by British Parliament.

HIERARCHY OF COURTS
PRIVY COUNCIL FEDERAL COURT HIGH COURT-First High Court at Calcutta in 1862. LOWER COURTS

POST-INDEPENDANCE
Constitution of India

CONSTITUTION OF INDIA
Came into effective from January 26,1950. The three main wings of the Govt- Legislature, Executive and Judiciary are created by the Constitution. Comprises not merely the enforceable aspect of law, but also the guidelines for governance. The subject to which To make law is provided in the Seventh Schedule of the Constitution.(Union list/State list/Concurrent list.)

HIERARCHY OF COURTS
SUPREME COURT-Established in 1950 HIGH COURT DISTRICT COURT SUBORDINATE COURT MUNSIFF/MAGISTRATE COURT

Reference Books
By Dr.Niraj Kumar(Business Legislations)Himalaya Publications. By Akhileswar Pathak (Legal Aspects of Business)-Tata McGraw Hill.