This learning project will provide the readers with an insight of the Indian Legal System and how it works. India is a vibrant democracy, a living example of unity in diversity.The legal system of India is primarily based on the British Legal System. The British ruled India for about 200 years and hence have left an everlasting imprint on the functioning of all organs of the country. The legal system is one of the aspects of such influence. The Indian Constitution which came into force on January 26, 1950 is based upon the Government of India Act of 1935 (enacted by the British).
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 and Akbar. 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 provincial State has a High Court, which is basically first Appellate Court. Above all High Courts, there is Supreme Court of India. 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 has adopted the Laws framed in British India by Lord McKauley, namely IPC (Indian Penal Code), Cr.P.C. (Criminal Procedure Code), and Evidence Act.
Problems[edit | edit source]
Unfortunately, proportionate to its population, Indian Legal sytem 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