Anchored by the Constitution of India, it strives to uphold principles of justice, liberty, and equality. This overview examines the system’s key components: the judiciary, legal sources, legislative process, and legal profession. It highlights the judiciary’s hierarchical structure, the diverse sources of Indian law, and the legislative process within the bicameral parliamentary system. The system’s resilience and adaptability are emphasized, reflecting its role as a cornerstone of Indian democracy. Despite its complexities and challenges, the Indian legal system remains committed to delivering justice and upholding the rule of law for its diverse population.
Introduction
The Indian legal system has a rich historical background that has been shaped throughout ages by a variety of legal systems. With codified laws like the Manusmriti, which handled civil and criminal concerns based on Hindu principles, ancient India had a well-developed legal system. With the establishment of Muslim rule, Islamic law gained prominence, particularly during the Mughal Empire when Sharia law dominated many facets of Muslim society. The time of British colonisation saw the biggest transformation. Modern Indian jurisprudence was founded upon the common law system that the British established. During this time, significant contributions were made with the creation of the Indian Penal Code (1860), the Indian Evidence Act (1872), and the Civil Procedure Code (1908). These codifications replaced a plethora of regional laws and customs, bringing uniformity and clarity to the legal system.
Judicial system during the Ancient Hindu Period
The Veda, Smriti, and Aâchâra are the primary sources of Hindu Law, or “Dharma.” The four Vedas are the Samaveda, Yajurveda, Rigveda, and Atharvaveda. The Vedas were composed of religious duties, praises, hymns, and customs.
Smritis outlined the duties, customs, and religious precepts that a person must uphold in society. One of the oldest Sanskrit legal writings, “Dharmashastra,” is a Smriti that covers topics including witnesses, the king’s responsibilities, evidentiary procedures, and legal principles. The king was in charge and his ministers provided him with advice. In Hindu law, the legal process was called Vyavahāra.
Capital level
The emperor presided over the highest court in the capital, known as the Emperor’s Court. It had two chief revenue courts and one chief court. While the Chief tax Court handled issues pertaining to tax matters, the Chief Court handled original, appellate civil and criminal cases. The two kinds of Chief Courts are the Qazi-e-Askar Court and the Delhi Court of Qazi. Local civil and criminal proceedings were governed by the Court of Qazi in Delhi, while military cases in the capital were governed by the Court of Qazi-e-Askar.
At state level
Chief Appellate Court and Chief Revenue Court are the state courts that handle cases from the Governor’s Court and Bench, also known as Adalat-e-Nazim. The state’s income concerns were handled by the Chief income Court, while civil and criminal cases were handled by the Chief Appellate Court.
At district level
Chief Civil and Criminal Court exercised management and supervision over the district level. It was divided into four categories: Amalguzari Kachari, which handles revenue matters; Kotwali, which handles petty criminal cases; Faujdari Adalat, which handles state security; and District Qazi Court, which handles civil and criminal issues.
At village level
The panchayat was in charge of both civil and criminal issues at the village level. The sarpanch served as the village panchayat’s president, with the other members chosen by their fellow villagers.
How did start of Government of India Act, 1935 ?
The United Kingdom Parliament enacted the Government of India Act, 1935. It described the types of governments, ranging from “unitary” to “federal.” To prevent conflicts, authority was divided between the state and the centre. The Federal Court was founded in 1937 and was empowered to hear appeal, original, and advisory cases. The Federal Court was granted the authority to advise the Governor-General on matters of public opinion, while the Appellate Jurisdiction included both civil and criminal proceedings. Over its 12-year existence, the Federal Court heard about 151 cases. The Supreme Court of India, which now serves as India’s highest court, replaced the Federal Court.
Types of laws in the Indian legal system
Criminal law
Laws dealing to transgressions of the rule of law or public wrongs fall under the purview of criminal law. The Indian Penal Code, 1860, and the Criminal Procedure Code, 1973, regulate criminal law. While the Criminal Procedure Code of 1973 outlines the comprehensive process and penalties for crimes, the Indian Penal Code of 1860 specifies the crime, its nature, and its sanctions. Theft, violence, rape, murder, and other acts are all considered crimes in legal terms.
Civil law
Civil courts enforce the violation of certain rights and obligations through the institution of a civil suit. Civil law primarily focuses on dispute resolution rather than punishment. The act of process and the administration of civil law are governed by the Code of Civil Procedure, 1908. Civil law can be further classified into Tort law, Family Law and Contract law.
examples are defamation & breach of contract.
Common law system
Common law is established by judicial precedent or case law. Article 141 of the Indian Constitution states that a law passed by the Supreme Court is binding on all Indian courts and territory. Natural justice, also referred to as “Jus Natural,” is a common law philosophy that includes legal measures for justice. The principles of Natural Justice are audi alteram partem (the Rule of Fair Hearing), reasoned decision-making, and nemo judex in causa sua (the Rule against Prejudice). The common law is based on the “Stare Decisis” idea. The precise meaning of this Latin term is “to stand by that which is decided.”
India’s judiciary is autonomous and structured in a hierarchical manner, with the Supreme Court at the top, state-level High Courts, and district and local courts as lower courts.
The Supreme Court : Is the highest court in the land and is in charge of protecting fundamental rights and interpreting the Constitution. Its jurisdictions include advisory, appellate, and original.
High Courts: The High Court is the highest court in a state and is present in every state or set of states. Original and appellate jurisdiction are vested in High Courts.
District courts: the district court and other lesser courts that hear civil and criminal cases at the district and local levels are examples of subordinate courts.
Conclusion
Enshrined in the Constitutional ideals of justice, liberty, and equality, the Indian legal system is a dynamic and ever-evolving institution. Notwithstanding obstacles including backlogs in court cases, intricate procedural rules, and sporadic corruption, the system’s flexibility and durability guarantee that it will always be a pillar of Indian democracy. For the Indian judicial system to remain credible and successful, ongoing changes and a dedication to enforcing the law are essential.
GUIDED BY: ADVOCATE ANIK
