Indian Law
Constitution
[edit | edit source]The Indian Constitution is an original document and which is heavily based on and from various constitutions, as well as common law. Indian judicial system has its origins in its history, it has learned dispensing justice from great rulers like Ashoka . True that we inherited the systematic dispensing of justice from British. Indian legal system works on the principles of checks and balances. The three wings of a Government - Executive, Judiciary and Parliament keeps it in equilibrium. It has a hierarchy of Courts. Starting from Muffasil or subdivision courts to the Supreme Court of India. The system can be divided in two parts - Lower Judiciary and Higher Judiciary. Each district has a Court, called Court of the District and Session Judge, and each State has a High Court, which is majorly the first Appellate Court. Above all High Courts, there is the Supreme Court of India, in the capital- New Delhi. Indian Legal system, like any other system is divided in Civil and Criminal laws, which are always tested on the anvil of the Constitution of India.
For civil disputes, there are several laws divided according to subject areas but procedurally there is one Law which regulates them, called Code of Civil Procedure. For the criminal justice system, India had adopted the Laws framed in British India by Lord McKauley, namely IPC (Indian Penal Code), Cr.P.C. (Criminal Procedure Code), and Evidence Act up till 2024. Since July 1, 2024, new criminal laws formed by the Indian Parliament viz. Bharatiya Nyay Sanhita (BNS; replacing IPC), Bharatiya Nyay Suraksha Sanhita (BNSS; replacing Cr.P.C.) and Bharatiya Sakshya Adhiniyam (BSA; replacing Evidence Act).
Problems
[edit | edit source]Unfortunately, proportionate to its population, Indian Legal system is also over burdened. About 2 million cases are pending in various Courts. One must believe that Indian Justice system, though slow but it dispenses justice.
Resources
[edit | edit source]- Victims rights in India