Basics of Law in India

Academic Article by- Anuj Vishwakarma

Introduction-

Law is basically a set of rules and procedures that are made and enforced by a particular country or community with the means of government and its institutions to regulate the action of its members. The purpose of the law is to maintain order, protect liberties, resolve disputes, and punish the wrongdoer. The system of law in India is primarily inherited from the colonial era and various legislations have been passed to modify it. It is a hybrid legal system with a mixture of civil, statutory, common, and customary law. After the independence from the colonial regime, India adopted its Constitution on November 26, 1949 (effective- January 26, 1950) which became the main source of law in India. It provides several rights to the citizens and non-citizen with remedies in case of the infringement of those rights. Other than the Constitution, various statutes have been passed by our legislature to civilize the society, maintain peace and harmony and punish the wrongdoer.

Sources and types of Law in India-

Indian laws are mainly the inclusion of parliamentary legislatures, common law, and customary

law.

1. Statutory law- Statutes or statutory law are the laws that have been enacted by the Parliamentary or state legislatures. At the local level, they are passed by local authorities such as municipal corporations, gram panchayats, etc. Basically, a bill is proposed in the parliament and voted upon. If passed by a required majority, the bill becomes an act after the President gives his consent to the same. The supreme statutory law in India is the Constitution of India. Some of the other important statutes are the Motor Vehicle Act, 1986, Consumer Protection Act, 1986, National Green Tribunal Act, 2010, etc.

2. Customary law- These are the set of laws and rules which are derived from age-old traditions and practices. The Constitution under Article 13 considers these laws to be a branch of civil law. If certain conditions such as the morality of the tradition or practice, reasonability, its long usage are satisfied, these traditions and practices take the form of laws. For example, the Hindu marriage ceremonies are recognized under the Hindu Marriage Act, 1955.

3. Common law- Technically not law, the decisions of the courts or case laws or judicial precedents also form a big part of Indian law. The decisions of the higher courts such as the Supreme Court and the high courts are binding on the lower courts while dealing with the cases tried in lower courts. They have great precedential value. For example, The Supreme Court ordered that the right to life and personal liberty also includes the right to livelihood, so the decisions of the Supreme Court acts as a binding precedential value in the lower courts.

4. Criminal law- Criminal law in India deals with offences which are considered to be offences against the society at large i.e., against the state. Murder, assault, rape, robbery are some of the main offences that can be included in this law. The Indian Penal Code, 1860, the Indian Evidence Act, 1872, and the Code of Criminal Procedures are the primary legislations that deal with criminal law in India. IPC defines the offences and the punishment for the offences. The CrPC and the IEA are procedural legislations.

5. Civil law- This is the branch of law that deals with the offences which are not a crime. The Civil Procedure Code is the main legislation and it lays down the procedure of the civil law. Mainly, civil law is divided into Contract law, Tort law, Family law, and Property law. Contract law deals with the agreements and contracts between the two or more parties. The Indian Contract Act, 1972 is the chief legislation for the contract law in India. A tort is a civil wrong done by a person to another person or entity, which results in injury or damage to the property. The law dealing with the same is tort law. It is mainly derived from judicial precedents. Family law deals with marriage, divorce, child custody, annulment, maintenance, etc. The cases relating to the family law are dealt by family courts with a general motive of resolution of the dispute. Hindu Marriage Act, 1955 is an example of legislation dealing with the family law. Then there is property law. It deals with the property of a person. Property is of two types- tangible (animals, houses, etc.) and intangible (patents, copyrights, etc.). Intellectual Property Rights (IPR) law is a sub-branch of property law dealing with intangible properties.

6. International law- International law can also be enforced in India if they are ratified and incorporated in Indian Law. Sometimes, the principles of international laws are also applied in order to meet the complete justice if it is not inconsistent to Indian law. However, in case of discord between the two, Indian domestic law prevails. For example, India is a party to the Geneva Conventions, 1949 and thus it is applicable in India as a source of law. Indian Judicial SystemIndian Judiciary is responsible for the interpretation and application of law in India. It operates with a common law system, primarily inherited from the colonial legal system.

Courts in India and their hierarchy-

1. Supreme Court- It is the highest court in India. It enjoys both original and appellate jurisdiction. Article 124 to 147 deals with the authority of the Supreme Court as the highest court in India.

2. High Courts- Supreme Court is followed by high courts which are the highest courts at the state level. As of December 2021, there are 25 high courts in India. High courts hold original as well as appellate jurisdiction.

3. District Courts- These are the highest courts at the district level and occupy the hierarchy below the high courts. They are generally of two kinds- Civil Courts and Criminal Courts.

4. Lok Adalats/Village Courts- These are the subordinate courts at the village level and are mainly used for resolving disputes in villages.

5. Tribunals- These are special courts set up by the government in order to administer special matters such as environment, revenue, etc. For example, National Green Tribunal is a special court dealing with the matter relating to the substantial question of the environment.

CONCLUSION-

The law in India is reasonably complex in nature with the mixture of civil, common, customary, and religious law in the legal framework. The current laws in India have evolved mainly from the colonial laws and the customary beliefs and practices which were prevalent in the earlier centuries (mainly the religious and family law). The criminal and civil laws in India today are also primarily colonial with major acts passed during the era. The IPC, the CPC, the IEA all found their origin during the British regime in India. The Constitution is also heavily inspired by the British law with many of its provisions also derived from other country’s laws. Other than that, the judicial precedents also find a special place in the present structure of the Indian law. The judiciary in India is a three-tier system with a subsidiary parts. Together, the legislature, executive, and the judiciary form the three organs of the Indian state.

References-

Basics of Law in India

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