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Things mentioned in the Blog are as follows;
- Introduction
- What legal system is followed in India?
- Types of law in the legal system
- Criminal law
- Civil law
- Common law
- Statuary law
- Source of Law
- Constitution
- Statutes
- Customary Law
- Judicial Decisions
- Issues in the Legal System of India
- Change needed in the Indian legal system
- Conclusion
What legal system is followed in India? India has a legal hybrid system which includes the element of civil law, common law, equitable law, and customary and religious law. The Indian judicial system is basically a 3-tier judicial system whose power is divided into three parts i.e. Central, State and local self-government. India has a federal judiciary system which means a legal system based on mixed law, i.e, established on Parliamentary, legislature, court laws, customary and religious law etc. Before establishing the Indian legal system, India was under the rule of Britishers so the Indian system has a lot of features which were borrowed from the Britishers.
Types of law in the legal system: The Constitution of India is the top and foremost law for every Indian citizen, which has to be followed by everyone, it contains all codes, procedures, Fundamental rights and duties, and power of the government. In the Indian legal system, there are four types of laws;
Criminal law: Criminal law is enforced by the Police, these are the law that is concerned with the violation of the rule of law or any kind of public wrong which harms an individual or society. Criminal law is governed under the IPC(Indian Penal Code) and CrPC(Criminal Procedure Code), in which IPC defines the crime, its type and its nature, whereas the CrPC describes the punishment, as well as all the procedures such as investigation, evidence collection, etc. Cases such as murder, rape, assault, robbery, etc. come under the criminal laws.
Civil law: Disputes and issues between individuals and groups of people or organizations are dealt with under civil law. Civil law mostly focuses on dispute resolution preferably than punishments etc. Civil law basically deals with actions that are not crimes. Civil law covers a diverse sector of areas such as defamation, family issues, custody of the child, property disputes, right to education, divorce, ownership issue, Will disputes, insurance claims, copyrights claims etc. Civil law can be further classified as Tort law, Family law, Tax law, Contract law, Property law, etc. Civil law is governed under the Code of civil procedure, which signifies the act of process and its administration.
Common law: Common law, also known as case law or judge-made law. It is the section of the law which is derived from the judicial decision of courts and similar tribunals. A law which is passed by the Supreme court will be obligatory upon the courts and within the territory of India according to the Indian Constitution. As the name defines itself it is the law which is common to all.
Statuary law: Law that is established by an act of the legislature which is signed by the executive or legislature body to conduct of its citizens, is known as the Statuary law or Statute. The central government assemble laws through Parliament, the State government makes laws through Vidhan Sabha and the local government makes laws through municipalities.
Source of Law: The following are the main source of law in the Indian Legal System;
Constitution: The constitution is the primary source of law in India by which the government is created and the country is administrated. This is also known as the Supreme law of India, as it contains the fundamental rules that constitute the country and its territory. The Constitution also describes the country’s political and social system. It also describes the power of entities and the limits of those powers.
Statutes: The Statutes are enacted by the parliament or the state legislatures, which are adopted under its constitutional authority. These are enacted to specify the conduct, define crimes, create subordinate government bodies, and promote public welfare.
Customary Law: Customs are a very historic and binding source of law, because of the historic value and significance they have. Every custom does not become law, Customs are the social norms and are treated as customs of the law. The local customs and conventions are not against any statute or morality that can be applied as law.
Judicial Decisions: Judicial decisions or precedents are the source of law where past decisions or judgements create law for judges to refer back to as guidance for future cases. It is binding or advisory on tribunals and courts when a similar case with similar facts arises before it. The decisions of the Supreme court and High Court of India act as the legal source.
Issues in the Legal System of India: Judiciary is among the three pillars of the Indian constitution, and any issues in it will have an adverse effect on the functioning and development of the country. The issues in the functioning of the Indian judiciary and legal system are increasing significantly, a law aspirants must be aware of this as it will help them realise the importance of their roles in the growth of the nation. One of the major issues in front of the legal system of India is the increasing number of pending cases. The reason behind this is the high population and lack of judges, all of which are causing the delay in the hearings. Also, the legal procedure also takes a lot of time, due to which common people are losing their faith in the judiciary, which is also a concerning issue.
Change needed in the Indian legal system: “Justice Delayed is Justice Denied”, in order to avoid this situation a legal system with quick trial and equality of treatment is required. This responsibility indirectly falls on the young aspiring lawyers, they had to take initiative to solve this problem and help in improving the legal system. Fulfilment of the vacancies of the Judge should be a high priority, as it can speed up the process. Also, the Indian Judiciary should start to increase the use of Alternative Dispute Resolution methods in solving cases. Many legal learning platforms are offering the best online law certification courses on ADR to teach law learners about ADR implementation and all methods including mediation, arbitration, negotiation etc. This can lessen the burden of increasing cases in Indian courts.
Conclusion: Although India has the oldest legal system, still the Indian Judiciary is not able to keep up with the modern legal system which is affecting the country’s growth. But the whole time, the Indian Judiciary has witnessed many changes. By keeping the constitutions as the supreme law, India has established the whole legal system. With the help of young aspiring lawyers and experienced lawyers, the country aims to remove any obstacle to the progress of the Indian Legal system. Also, law aspirants are preparing themselves beforehand to face any situations in their career, in these various online legal certification courses are helping them very much by teaching them industry-relevant skills and making them industry-ready lawyers.