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INDIAN LEGAL SYSTEMElements of Indian Law &

History of Indian JudicialSystem.

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Definition of Law

Law is the body of principles recognised andapplied by the state in the administration of

justice.- By SALMOND.

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Purpose of Law

To maintain Law & order

To establish socio-economic justice andremove the existing imbalance in socio-

economic structure.

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GENERAL CLASSIFICATION OF LAW

CIVIL LAW(Eg: Indian Contract Act) CRIMINAL LAW( Eg:Indian Penal Code)

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CLASSIFICATION OF LAW-Remedy wise

Remedies for violation of personal rights.

Remedies for violation of property rights.

Contractual remedies.

Matrimonial remedies.

Constitutional remedies.

Civil remedies/Criminal remedies.

Consumer remedies.

Remedies under the Law of Torts.

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Elements of Indian Law

Way in which something is usually done; Howthingsare usually done since time immemorial.

Usage; Custom

Transferred from ancestorsTradition

Court judgmentsPrecedents

A body of judge made law developed throughpractices. Based on the criteria that common issuesshould be treated commonly at all times.

Common Law

Ancient lawsRoman Law; Greek Law

C.P.C,Personal Laws; I.P.C.Civil Law; Criminal Law

Fundamental rights and Directive principles;Enforcement of Law.

Constitutional Law;Administrative Law

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HISTORY OF INDIAN JUDICIAL SYSTEM

History of Indian Judicial System and laws

begin with the advent of East India Company.

Pre-Independence and Post-Independence.

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During Pre-Independence

Charter of A.D 1600

Charter of A.D 1726

Govt of India Act,1858 The Indian High Courts Act,1861

The Govt of India Act,1919

The Govt of India Act,1935 The Indian Independence Act,1947

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CHARTER OF A.D 1600

Charter of 1600 given to the East India

Company by the British Crown.

For carrying legitimate trading activities in

India.

Conferred a corporate character and gave

juristic powers.

Empowered the East India Company to frame

laws and to inflict fines and penalties.

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CHARTER OF A.D 1726

"The Mayor's Court" was established under

direct authority of the King in the Presidency

towns.

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Establishment of Supreme court by

Royal Charter

Establishment of Supreme Court in the

Presidency towns instead of Mayorscourt.

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GOVT. OF INDIA ACT,1858

British Crown assumed sovereignty over India

appropriating it from the East India Company.

Act enacted by the British Parliament.

The Secretary of State for India assisted by a

Council of 15 members(English people)

exercised the powers of the Crown.

The Secty governed through the Governor

General. Not allowed any local participation.

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INDIAN HIGH COURTS ACT,1861

Laid the foundation of setting up the system

of judicial administration in India.

Abolished the dual system of administration of

justice, one by the courts of the Company and

other by the courts under the crown.

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THE GOVT OF INDIA ACT,1919

Provided for increased participation of Indians

in every branch of administration of India in

the governance of the country.

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THE GOVT OF INDIA ACT,1935

Transformed the unitary nature of Indianadministration into a Federation of Provincesand the Indian Princely state as its units.

The Act provided for separation of legislativepowers between the Provincial and centrallegislatures according to the scheme andlimits defined by the Act.

Provided for the establishment of FederalCourt.

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THE INDIAN INDEPENDENCE ACT,1947

Provided that India have their own separate

Constituent Assembly which would have the

power to repeal any Act enacted for India by

British Parliament.

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HIERARCHY OF COURTS

PRIVY COUNCIL

FEDERAL COURT

HIGH COURT-First High Court at Calcutta in1862.

LOWER COURTS

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POST-INDEPENDANCE

Constitution of India

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CONSTITUTION OF INDIA

Came into effective from January 26,1950.

The three main wings of the Govt- Legislature,

Executive and Judiciary are created by the

Constitution.

Comprises not merely the enforceable aspect of

law, but also the guidelines for governance.

The subject to which To make law is providedin the Seventh Schedule of the

Constitution.(Union list/State list/Concurrent list.)

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HIERARCHY OF COURTS

SUPREME COURT-Established in 1950

HIGH COURT

DISTRICT COURT SUBORDINATE COURT

MUNSIFF/MAGISTRATE COURT

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Reference Books

By Dr.Niraj Kumar(Business Legislations)-

Himalaya Publications.

By Akhileswar Pathak (Legal Aspects of

Business)-Tata McGraw Hill.