An Introduction - Indian Legal System
An Introduction - Indian Legal System
An Introduction - Indian Legal System
By Talwant Singh DHJS Addl. Distt. & Sessions Judge, Delhi (India) talwantsingh@gmail.com
Source of Law
Primary Source:
a. The primary source of law is in the enactments passed by the Parliament or the State Legislatures. b. The President and the Governor have limited powers to issue ordinances. c. These ordinances lapse six weeks from the re-assembly of the Parliament or the State Legislature.
Constitution of India
The Constitution declares India to be a
sovereign socialist democratic republic, assuring its citizens of justice, equality, and liberty. It is the longest written constitution of any independent nation in the world. It contains 395 articles and 12 schedules, as well as numerous amendments, for a total of 1,17,369 words in the English language version.
Fundamental Rights
Equality before the law. Freedom from discrimination on grounds of religion,
race, caste, sex or place of birth. Equality of opportunity in matters of public employment. Freedom of speech and expression. Right to assembly peacefully without arms. Protection against deprivation of life and personal liberty. Freedom of conscience and the profession, practice and propagation of religion. To move freely through India, to reside and settle in any part of India.
Fundamental Duties
Added to the Constitution in 1977. To abide by the Constitution. Respect its ideals and institutions, the National Flag
and the National Anthem. To value and preserve the rich heritage of our composite culture. To protect and improve the national environment including forests, lakes, rivers and wild life. To have compassion for living creations. To strive towards excellence in all spheres of individual and collective activity.
Criminal law
Indian Penal Code (IPC) provides a penal code
for all of India including Jammu and Kashmir, where it was renamed the Ranbir Penal Code (RPC). The code applies to any offence committed by an Indian Citizen anywhere and on any Indian registered ship or aircraft. Indian Penal Code came into force in 1862 (during the British Raj) and is regularly amended, such as to include section 498-A.
Family law
Indian civil law is complex, with each
religion having its own specific laws which they adhere to. After independence Indian laws have adapted to the changing world. The most recent being the Domestic Violence Act[2005].
The Employees Provident Funds Act, 1952 The Act shall apply to: every establishment which is a factory engaged in any industry mentioned in schedule I of the Act and employing 20 or more persons or any other establishment employing twenty or more persons or such other establishment as the Central Government may notify.
Writs
The Writs are issued by the Supreme Court under Article 32 and by the High Courts under Article 226 of the Constitution of India.
Types of Writs: Writ of prohibition Writ of habeas corpus Writ of certiorari Writ of mandamus Writ of quo warranto
MEDIATION & CONCILIATION ENCOURAGED NUMBER OF ADJOURNMENTS-3 SERVICE OF SUMMONS BY OTHER MEANS EVIDENCE BY WAY OF AFFIDAVITS TIME LIMIT TO PRONOUNCE JUDGEMENTS
Legal Education
At present there are two educational options for would-be Law graduates in India. One is a five year program, to which one can be admitted after passing a school-leaving examination taken after completion of 10+2. The other is a three year program available only to those who have already graduated with a degree in Arts, Science or Commerce.
independent India. About 10 per cent of them can be scrapped right away. And most of the 10 per cent in use currently have so many obsolete and conflicting provisions. The oldest law in the country has been in operation for over a century and half. The one sentence 1836 Bengal District Act empowers the Bengal government to create as many zillas as it wants. The Act still exists.
THANKS
Interesting Legal websites: www.indlii.org www.judis.nic.in www.indiacode.nic.in www.delhicourts.nic.in www.legalbasket.com www.indiacyber.net www.supremecourtofindia.nic.in In case of any suggestion/clarification, Please mail at: talwantsingh@gmail.com