Law of India

The Law of India refers to the sum judicially enforceable social norms in India.

Legal History

The history of modern Indian law begins with the founding of the English East India Company by Queen Elizabeth I in 1600 and the following first English settlement in Surat in 1612. Standing in for the service of the British East India Company that had early obtained the privilege own right to adopt. The enormous growth of British and Indians in the service of society and the growing volume of trade soon led to the government in the so-called presidency towns Madras, Bombay and Calcutta to focus. 1726 created the English crown in these cities special royal courts, to which the Court was entrusted in disputes between local Englishmen, and Englishmen and Indians Mayor's Courts. These courts had "according to justice and right" to judge what otherwise meant than the English common law, including the applicable statute law, insofar as it is not obvious could claim no applicability due to the local conditions.

Especially in the area of ​​inheritance and family law soon became apparent that the application of English law between Indians was often inadequate. When the Mayor's Courts were replaced late 18th century by the English occupied with professional judges Supreme Court, they had basically continues to have a common law applied. In these areas, however, was true for the disputes between Hindu and Muslims except that Hindu law or Islamic law should be applied. Was the English judges of this unknown, it was incumbent on them to make knowledgeable at this appointed experts. After the disintegration of the empire of the Great Moguls in the 18th century came up at the beginning of the 20th century almost 60 % of India's territory under British influence, the rest was under the sovereignty of native princes, who recognized the British crown. Also in whose territory the English taught an English provincial courts, the " inheritance, marriage, caste, and other religious usages and institutions" in disputes had to respect the religion of the contending parties. Incidentally, was the proven principle that "according to justice, equity, and good conscience " is to judge.

1833 was the English Privy Council last resort for all judgments of Indian courts. Not least under his influence won the English law throughout India a hegemonic position. So he came in 1887 to the conclusion that justice, equity, and good conscience nothing else could, my as the rules of the English common law:

"The matter must be decided by equity and good conscience, gene rally interpreted to mean the rules of English law if found applicable to Indian society and circumstances"

The often perceived as a confused state of English law and uncertainty about the validity claim of a law in India awakened - not least under the influence of Bentham - to arrange in many English parliamentarians to request the legal position in India. 1833 created the British Parliament, therefore, a Law Commission in India under the chairmanship Macaulay. Within a short time, thus could the criminal law to be codified in the Criminal Code. Much the law contained corresponded to the - still unkodifizierten in the English mother country - English law, in addition moved to the French Penal Code approach. 1859 was thus adopted a codification of civil procedure, 1860 Macaulaysche Penal Code 1861 and a codification of criminal procedure law of the British Crown. 1865 was followed by the Indian Succession Act, which regulated the inheritance of all Indians, for which neither Hindu law nor Islamic law was decisive; 1872, the Indian Contract Act.

With India's independence from Britain by the Indepence India Act 1947, the former colony was divided into two states: India and Pakistan. India had in 1950 a constitution. This contains - in contrast to the Australian or Canadian constitution - a bill of rights. India is a federation made up of 16 member states. The legislative competence of the civil law, criminal law and procedural law is assigned to the federal government and individual states in the way of competing competence. Throughout India, therefore, essentially applies a uniform, codified law. The laws of the colonial period remained basically in force. The style of the Indian law, the peculiarities of procedural law, the status of judges and the role of lawyers and reasoning method remain rooted in the English common law.

Constitutional Law

Organisation of justice

At the top of the Indian judicial system is the Supreme Court of India. It is responsible for the Federal Court, both the constitutional jurisdiction - including the protection of fundamental rights against legislative acts - as well as the case law as the highest court of appeal. He is followed in the hierarchy of the High Courts, the District Courts, the Magistrates of Second Class and Civil Judge ( Junior Division ).