BASIC LEGAL SYSTEM
is a “sovereignty, democratic republic, secular” country with a parliament
system of government and approximately with a population of 1.3 billion people.
India was one of the richest country till early 17th century before
the British rule.
Indian economy is the fourth biggest economy of the world based on Purchasing
Power Parity. It is a standout amongst the most alluring goals for business and
venture openings because of huge manpower base, large amount of availability of
natural resources and strong macro-economic fundamentals.
rights are the basic right which are given to every individual and the charter
of rights contained in part III in article 12 to 25 of constitution of India. It
ensures civil liberties with the end goal that all Indians can lead their lives
in peace and harmony as residents of India.
are seven fundamental rights which are recognised by the constitution of India.
to Equality-: which include equality before law and there is no discrimination
between caste, religion, race, gender and it provides equal opportunity to
every people in terms of jobs etc.
to freedom-: This include freedom of expression and speech, assembly,
association or union and it gives right to practice any profession or
occupation and rights to life and liberty.
to freedom of religion-: it gives an individual right to choose his profession
and practice and freedom to manage religion affairs, freedom from taxes.
and educational rights-: people have rights to conserve their language or script,
culture and rights to minority group to setup and administrate any educational institute
of their choice.
against exploitation-: it prohibits the child abuse, child labour, force labour
and human trafficking. It is given in the article 23 and 24 of Indian constitution.
to constitutional remedies-: which is
available for implementation of Fundamental Rights. It is given under Article
32 to 35 of Indian constitution.
to privacy-: it is an essential part of article 21 which helps to protect the life
and liberty of the people.
Legal system of India
has one of the most seasoned lawful system in the world. India’s current law is
inherited from British law because India is ruled by British colony for almost
200 years till 1947. As British follows common law which means that law is
broadly implied and judiciary interprets and expand the law. The historical backdrop
of the present legal system might be followed same as in the year 1726, when a
Charter was issued by King George I for achieving imperative changes in the
legal organisation of the Presidency Towns of Bombay, Calcutta and Madras.
Indian lawful system is a unique element of the Indian Constitution. It is
associated with arrangement of courts that manage both state and union laws.
system in India has a hierarchy, the first one supreme court which is the
highest court in India then high court and subordinate courts. Supreme courts represent
us on India level and it was first established according to regulating Act 1773
and in 1774 it was established in Kolkata and, high court represent us on state
level and the last one subordinate courts represents us on district level.
Subordinate courts have two types of laws i.e.
tree diagram shows the body of Indian law in a hierarchy form that there are
two types Indian law one is criminal law which are two types i.e. Indian penal
code and the special & local laws for special kind of offense and the
second one is civil law which are divided in four parts property law, family
law, commercial laws and law of tort.
The term criminal law
mainly refers to substantive criminal laws. A collection of guidelines and
statutes that characterizes direct restricted by the administration since it
debilitates and hurts open security and welfare and that builds up discipline
to be forced for the commission of such acts.
Indian penal code-: Indian penal code
provides penal code for all citizens of India including Jammu & Kashmir
where it was renamed as Ranbir penal code. This code is applicable to every
Indian citizen who committed any offense in the country like Indian registered
aircrafts & ships or anywhere in the world.
This Law was introduced
in 1862 when India was under the rule of British colonial and is regularly
amended, like to include section 498-A.
A civil law explains the
private rights and remedies and govern disputes between individuals like in
property, family law etc. which is differ from criminal or public law. The object
of civil law is the change of wrongs by convincing pay or compensation: the
Cretan isn’t rebuffed; he just endures such a great amount of mischief as is
important to make great the wrong he has done. The individual who has
experienced gets a clear advantage the law, or if nothing else he dodges a
Property Law-: The civil law handles the
disputes between landlord and tenants in personal property or real property.
This system is divided into two division between movable and immovable
property. Movable property basically belong to personal properties and
immovable belongs to real estate and real property.
Family Law-: It is also called as
matrimonial law or the domestic relation law, this law deal with the disputes of
family matters and domestic relations.
Law of tort-: Tort law in India is a
generally new precedent-based law advancement supplemented by classifying
statutes including statutes government harms.
a stratagem of the colonial masters, the Indian lawful framework has developed
as a basic element of the world’s biggest majority rules system and a urgent
front in the fight to secure constitutional rights for each citizen of the country.