Citizendia

The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.
The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words. The Constitution of India ( Hindi: भारतीय़ संविधान see names in other Indian languages) is the supreme law of India.

Indian law refers to the system of law which operates in India. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country It is largely based on English common law because of the long period of British colonial influence during the British Raj period. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The British Empire was the largest empire in history and for over a century was the foremost global power. For usage see British rule in India British Raj ( rāj, lit "reign" in Hindustani) primarily refers to the British Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesised to get a refined set of Indian laws as it currently stands. The Constitution of India ( Hindi: भारतीय़ संविधान see names in other Indian languages) is the supreme law of India. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world The United States of America —commonly referred to as the The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located This article is about the country For a topic outline on this subject see List of basic France topics. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Human rights law is a system of laws both domestic and international designed to promote human rights Environmental law is a complex and interlocking body of Statutes, Common law, Treaties, conventions Regulations and policies which very Certain international trade laws, such as those on intellectual property, are also enforced in India. International trade law includes the appropriate rules and customs for handling trade between countries or between private companies across borders Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names

Indian civil law is complex, with each religion having its own specific laws which they adhere to. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which In most states, registering of marriages and divorces is not compulsory. There are separate laws governing Hindus, Muslims, Christians, Sikhs and followers of other religions. A Hindu ( Devanagari: हिन्दू is an adherent of the philosophies and scriptures of Hinduism, a set of religious, Philosophical A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth Sikh (English or; ਸਿੱਖ sikkh, IPA) is the title and name given to an adherent of Sikhism. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption. Goa ( Konkani: गोंय /ɡɔ̃j/ is India 's smallest state in terms of area and the fourth smallest in terms of population. Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. Uniform Civil Code is a term which has originated from the concept of a Civil Law Code.

Contents

History of Indian law

Main article: History of Indian law

Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. This article is about the history of South Asia prior to the Partition of British India in 1947 Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance. The Arthashastra ( IAST: Arthaśāstra) is a Treatise on statecraft, economic policy and Military strategy which Events By place Persian Empire Artaxerxes II King of Persia appoints Tissaphernes to take over all the districts in The Manu Smriti ( Sanskrit: मनुस्मृति is a work of Hindu law and ancient Indian society [1] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia. Pluralism is in the general sense the acknowledgment of diversity [1]Before the Islamic conquest India never became a really centralised political entity but indulged in widespread decentralisation. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty lam, of customary law embodied in religious charters, in exchange of embassies of a temporary or semipermanent character. [2]

Early in this period, which finally culminated in the creation of the Mauryan and Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. [3]

These Hindu traditions, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Hinduism is a religious tradition that originated in the Indian subcontinent. The British Empire was the largest empire in history and for over a century was the foremost global power. [1]

Constitutional and administrative law

Main articles: Indian constitutional law and Indian administrative law

Each state has the freedom to drafts it own laws on subjects which are considered state subjects. The Constitution of India ( Hindi: भारतीय़ संविधान see names in other Indian languages) is the supreme law of India. Laws passed by Parliament of India and other pre-existing central laws on subjects which are considered central subjects are binding on all citizens of each state. The Parliament of India (or Sansad) is the federal and supreme Legislative body of India. Each state has its own laws for taxation rates.

Criminal law

Main article: Indian criminal law

Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Indian Penal Code (IPC Hindi: भारतीय दण्ड संहिता provides a Penal code for all of India including Jammu and Kashmir For usage see British rule in India British Raj ( rāj, lit "reign" in Hindustani) primarily refers to the British Year 1860 ( MDCCLX) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian Calendar (or a Leap year starting The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. Year 1960 ( MCMLX) was a Leap year starting on Friday (link will display full calendar of the Gregorian calendar. "Popular press" redirects here note that the University of Wisconsin Press publishes under the imprint "The Popular Press" This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts. Background Kawas Manekshaw Nanavati (1935&ndash2003 a Parsi and a Commander with the Indian Navy, had settled down in Mumbai

Capital punishment in India is legal but rarely used. Capital punishment in India is legal but rareDuring the late 1900's, about 40 people were executed The last execution was conducted in 2004, when Dhananjoy Chatterjee was hanged for the rape and murder of a 14-year old girl. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Dhananjoy Chatterjee ( August 14, 1965 in Kuludihi, West Bengal, India - August 14, 2004 at Alipore Central Jail Homosexuality in India is criminal offense, though never prosecuted, under a Victorian-era criminal statute which is currently facing a constitutional challenge at the Delhi High Court. Homosexuality in India is generally considered a taboo subject by both Indian civil society and the government. Culture The Victorian fascination with novelty resulted in a deep interest in the relationship between modernity and cultural continuities The High Court of Delhi (दिल्ली उच्च न्यायालय is the High Court of Delhi.

Contract law

Main article: Indian contract law

The main contract law in India is codified in the Indian Contract Act which came into effect on September 1, 1872 and extends to whole of India except the state of Jammu and Kashmir. Events 462 - Possible start of first Byzantine indiction cycle. Year 1872 ( MDCCCLXXII) was a Leap year starting on Monday (link will display the full calendar of the Gregorian Calendar (or a Leap year ( Dogri: जम्मू और कश्मीर Urdu: جموں و کشمیر is the northernmost state of India. It governs entering into contract, execution of contract, and the effects of breach of contract.

Tort law

Main article: Indian tort law

Development of constitutional tort began in India in the early 1980s. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties The 1980s was the decade spanning from January 1 1980 to December 31 1989. [4] It influenced the direction tort law in India took during the 1990s. The 1990s collectively refers to the years between and including 1990 and 1999 [4] In recognizing state liability, constitutional tort deviates from established norms in tort law. [4] This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances.

Property law

Main article: Indian property law

Trust law

Main article: Indian trusts law

Trust law in India is mainly codified in the Indian Trusts Act of 1882 which came into force on March 1, 1882. Year 1882 ( MDCCCLXXXII) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands. ( Dogri: जम्मू और कश्मीर Urdu: جموں و کشمیر is the northernmost state of India. The Andaman & Nicobar Islands is a Union territory of India. Informally the territory's name is often abbreviated to A & N Islands, or ANI

Family law

Main articles: Indian family law and Dowry law in India

Family laws in India are different for different religions and there is no uniform civil code. Payment of a Dowry, gift &mdash often financial has a long history in many parts of the world Uniform Civil Code is a term which has originated from the concept of a Civil Law Code.

Hindu Law

As far as Hindus are concerned there is a specific branch of law known as Hindu Law. Though the attempt made by the first parliament after independence did not succeed in brining forth a Hindu Code comprising the entire field of Hindu family law,laws could be enacted touching upon all the major areas affeting family life among Hindus in India.

Muslim law

Indian Muslims' personal status laws are largely based on Sharia. Islam in India is the second-most practiced religion after Hinduism. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The development of the law is largely on the basis of judicial precedents. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. Introduction Justice V R Krishna Iyer was Home minister and minister for law power prisons irrigation and social welfare in the Government of the State of Kerala

Christian Law

As for Christians, there is a distinct branch of law known as Christian Law which is mostly based on specific statutes.

Christian law of Succession and Divorce in India have undergone changes in recent years. Christians in India have had different laws on succession. The British Indian Government enacted the Indian Succession Act of 1865 on the recommendations of the 3rd Law Commission The British colonization of India, has had a tremendous impact on the legal system in India. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents.

Christian family law has now distinct sub branches like laws on marriage, divorce,restitution, judicial separation, succession, adoption, guardianship,maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship. The Christian Law of Marriage in India is governed by the Indian Christian Marriage Act of 1872 Christians in India can adopt children by resort to section 41 of the Juvenile Justice (Care and Protection of Children Act 2006 read with the Guidelines and Rules issued by various State Governments Christians in India are governed generally by the provisions of the Guardians and Wards Act (Central Act No 8 of 1890 in matters relating to guardianship Canon law is recognised as the personal law of Catholics in India

General Law

After independence, some efforts were made to modernise Indian family law, the most recent being the Domestic Violence Act (2005). Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. It is significant because for the first time the term ‘domestic violence’ has been widened in meaning and scope from the culture specific restriction of ‘dowry deaths’ and penal provisions to positive civil rights of protection and injunction. Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate A dowry (also known as trousseau or tocher) is the money goods or estate that a woman brings to her soon to be husband in marriage Some other areas in which reform has occurred recently are custody laws, guardianship laws, adoption laws, etc.

Nationality law

Main article: Indian nationality law

Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Indian citizenship and nationality law: The Constitution of India provides for a single citizenship for the entire country The Constitution of India ( Hindi: भारतीय़ संविधान see names in other Indian languages) is the supreme law of India. Year 1955 ( MCMLV) was a Common year starting on Saturday (link displays the 1955 Gregorian calendar) Although the Constitution of India bars multiple citizenship, the Parliament of India passed on January 7, 2004, a law creating a new form of very limited dual nationality called overseas citizenship of India. Multiple citizenship, or multiple nationality is a status in which a person is concurrently regarded as a Citizen under the laws of more than one state. The Parliament of India (or Sansad) is the federal and supreme Legislative body of India. Events 1325 - Alfonso IV becomes King of Portugal. 1558 - France takes Calais, the last continental "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Multiple citizenship, or multiple nationality is a status in which a person is concurrently regarded as a Citizen under the laws of more than one state. Overseas citizens of India will not enjoy any form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.

Law enforcement

Main article: Law enforcement in India

India has a multitude of law enforcement agencies. India has numerous Law enforcement agencies. At the Union (federal/central level the agencies are part of the Ministry of Home Affairs and support the states All agencies are part of the Internal Affairs Ministry (Home Ministry). At the very basic level is the local police which is under state jurisdiction.

See also

Notes

  1. ^ a b c Glenn, Legal Traditions of the World, 255
  2. ^ Viswanatha, S. Christians in India have had different laws on succession. The British Indian Government enacted the Indian Succession Act of 1865 on the recommendations of the 3rd Law Commission The British colonization of India, has had a tremendous impact on the legal system in India. Christians in India are governed generally by the provisions of the Guardians and Wards Act (Central Act No 8 of 1890 in matters relating to guardianship The Christian Law of Marriage in India is governed by the Indian Christian Marriage Act of 1872 Sanjeev Nanda has been sentenced to 5 years imprisonment in the BMW hit and run case Sanjeev Nanda has been sentenced to 5 years imprisonment in the BMW hit and run case The Best Bakery case (also called Tulsi Bakery case) was a Legal case involving the burning down of the Best Bakery on March 1, 2002, in The Central Bureau of Investigation (CBI is India 's premier investigating agency responsible for a wide variety of Criminal and National security matters Graham Stuart Staines (1941-January 1999 was an Australian Missionary who was burnt to death along with his two sons Philip (aged 9 and Timothy (aged 7 while sleeping Indian Penal Code (IPC Hindi: भारतीय दण्ड संहिता provides a Penal code for all of India including Jammu and Kashmir Jessica Lall (1965-1999 was a model in New Delhi, who was working as a celebrity barmaid at a crowded socialite party when she was shot dead on April 29, The Land Acquisition Act of 1894 is a legal Act in India which allows the Government of India to acquire any land in the country India has numerous Law enforcement agencies. At the Union (federal/central level the agencies are part of the Ministry of Home Affairs and support the states The three major legal systems of the world today consist of civil law, Common law and Religious law. ' Priyadarshini Mattoo' ( July 23, 1970 - January 23, 1996) was a 25 year old law student when she was found Raped and Murdered The Supreme Court of India is the highest court of the land as established by Part V Chapter IV of the Constitution of India. Tulasa Thapa (1970 - 1995 was a 12-year old Nepali girl who was Kidnapped from her home village of Thankot near Kathmandu in 1982 smuggled into T. , International Law in Ancient India, 1925
  3. ^ Alexander, C. H. , International Law in India, The International and Comparative Law Quarterly, Vol. 1, No. 3. (Jul. , 1952), pp. 289-300, ISSN 00205893.
  4. ^ a b c Dr. Usha Ramachandran. Tort Law in India.

References

External links

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