Law of India

Law of India

Indian law is a legal system in modern India. It is largely based on English common law, because the United Kingdom during the reign of the British colonial influence long-term. Most contemporary Indian law shows substantial European and American influence. First introduced by the British variety of laws and regulations are still valid today in modified form. In the drafting of the Indian Constitution, from Ireland, the U.S., UK and French law, the laws of India to become a fine synthesis. Indian law also insisted the United Nations human rights law and environmental law guidelines. Certain international trade laws, such as intellectual property, are also enforced in India.

Indian family law is complex, and different religions insist on its own specific laws. In most states, marriage and divorce registration is not mandatory. Separate legal jurisdiction Hindus, Muslims, Christians, Sikhs and other religious believers. Exceptions to this rule is in Goa, Portuguese uniform civil code is in place, all religions have a common law concerning marriage, divorce, and through the state.

May 2010, about 1,221 legal

 [1] However, since the central and state laws and regulations, which is difficult in a given date, to determine their exact number. The best way is to find information from the official website of India central legal.

[2] Indian legal historyAncient India represents a different legal traditions, legal theory and practice has a history of independent schools. Arthashastra dating from BC 400 Manusmriti, ranging from AD 100, influential papers in India and is considered authoritative legal guidance text.

 [3], Manu's core philosophy of tolerance and pluralism, and in Southeast Asia is referenced.

Early in this period, culminating in the creation of the Gupta empire, ancient Greece and Rome relationships are not uncommon. Various parts of the world show that they are inherent in the international community, regardless of culture and tradition. 

[5] pre-Islamic period of inter-State relations similar to the basic system of international law lead to the appearance of clear-cut rules of war a humanitarian high standards, rules of neutrality, treaty law, customary law, embodied in religious charters, exchange embassies temporary or semi-permanent character .

When India became part of the British Empire, is a breakthrough in traditional Hindu and Islamic law replaced the common law.As results, largely due to the current state of the judicial system from the British system, and has little to do before British era institution.

Constitutional and Administrative Law

Constitution of India and the Indian Administrative Law

The Constitution of India, from January 26, 1950 with effect from [9] is the longest in the world written constitution. Although its administrative requirements are based on India "1935 theGovernment a large extent, it also contains various other provisions of the Constitution from the rest of the world, at the time of its creation and it provides the details of the EU and the U.S. administration, and codification federal and state government relations. Moreover, the text is included in the basic rights of citizens, as well as guidelines for national policy chapter by chapter.

The Constitution provides for the federal structure of government, there is a clear separation of legislative and executive powers, the federal and state governments have the freedom of States.Each state subjects a subject listed in its own draft law. Indian Parliament and other legal subjects as the existing central laws passed by the central subjects are binding on all citizens. However, the "Constitution" also has some single function, such as the right to modify only vested in the federal government, in the case of dual nationality by the Federal Government's commitment to the overriding authority in times of emergency.

Criminal law

Indian Penal Code

Enacted in 1860 by the British rule in India in English criminal law, constitute the backbone of the Indian Penal Code. Code of Criminal Procedure 1973 governing the procedural aspects of criminal law.

By the government in 1960 abolished the jury trial grounds, they may be subject to the influence of the media and the public. This decision is based on 8-1 KM Nanavati and Maharashtra, which is determined by a higher court overturned the acquittal Sukarnoputri.

In February 2011, the Indian Supreme Court ruled that criminal defense lawyers have a constitutional right.

In the Indian capital punishment is legal. The last execution was carried out in 2004, rape and murder of a 14-year-old girl when Dhananjoy Chatterjee was hanged.

Contract law

Indian Contract Act

Largely codified in the Indian Contract Act "contract law" in India, came to September 1, 1872 into effect, and extends to all of India's Jammu and Kashmir state otherwise. Jurisdiction to enter the contract, breach of contract. Indian contract law is commonly known as the Indian Law. Originally selling goods in India Law "and" Partnership Enterprise Law of the Indian Contract Act "part, but because there is a need to revise separation as contract law of contract law is the main and most commonly used actions in the Indian legal agreement.

Labor Law

India's labor laws

India's labor laws are the most stringent (employer) and complex world, according to World Bank statistics.

Tort Law

Indian tort law

Constitutional development of tort law in India began in the early 1990s 1980s.It influence the direction of tort law in India. While recognizing the State liability, constitutional tort deviation based on tort law norms. This includes custody deaths, police brutality, robbed and killed, illegal detention and disappearances. India's first report, the Law Commission on State tort theLiability. Law Commission of India submitted report is May 11, 1956. According to Article 300 of the Constitution of India, the State bears tort liability.

Property Law

India Property Law

Tax

Indian tax law is an extremely complex legal subjects, with several different by different government levied taxes. Income taxes levied by the central government under the "Income Tax Law", 1961. Customs and excise duties levied by the central government. Sales tax is based on the VAT legislation at the state level.

Trust Law

Indian Trusts Act

Indian Trusts Act largely codified in the Indian Trust Act ", 1882, March 1, 1882 which came into force extends to the whole of India, except Jammu and Kashmir and Andaman and Nicobar Islands state law to follow the British Indian law principles of the law in most areas, but trust law is a notable exception. Indian law does not recognize "dual ownership", the beneficiary trust property owners in Indian law is unfair.

Family Law

Family Law in India and dowry law in India

Indian family law is different, when Warren Hastings was founded in 1772 Indian law stipulates Hindus and Muslims in Islamic law, litigation related to personal matters. [24] However, after independence, has been trying to do all aspects of personal law to modernize and bring uniformity among various religions. Recent reforms have affected the custody and guardianship law, adoption law, inheritance law on domestic violence and child marriage laws.

Hindu Law

For purposes of Hinduism Hindu law is a specific branch of law. Although the first parliament after independence attempt did not succeed in bringing the Hindu Code, including the entire Hindu family law, the law could affect the development of family life involves among the Hindus in India in all major areas. [Citation needed] Jains, Sikhs and Buddhists also covers the laws of India.

Muslim law

According to Islamic law, which is part of the application in India India Muslim Personal Law. Part is called Islam law.Despite is basically an unwritten law applicable to Muslim personal law in India, Islamic law has the same legal status as other statute. Mainly judicial precedent, which in modern times has been subject to review by the courts on the basis of the law of development. Lord Justice VR contribution 克里希纳艾 statutory interpretation, as well as personal legal on this issue is significant. Sources of Muslim law is divided into two categories:

1) main source 2) secondary sources

A) "major source" in accordance with Sunni law:

Quran Sunnah or Ahdis (Prophet Traditin) of the "public discussion" (jurist) unanimously decided Qiyas (analogy net) As per the Shia law: the Qur'an "tradition (only those from the family of the Prophet)," public discussion "(only those Confirm Imam) Cause

2 "secondary source" Custom judicial decision legislative Koran "a notable feature: the divine origin of the source structure unchanged mixed religious, legal and ethical rules in different forms of legal incompleteness Qur'an is not a complete code, only 200 section dealing with legal affairs silence Koran "In many legal issues, the Qur'an is silent

Christian Legal

For Christians, a unique branch called the Christian law is mainly based on the specific regulations applicable law.

Christian inheritance and divorce laws in India has undergone changes in recent years. Indian Divorce Act "(revised) of 2001 brought considerable changes can be grounds for divorce now, India has become the law of the Christian law as an independent branch. It covers the entire spectrum of family law, so far because it involves Christians in India. Christian law, is largely based on English law, but there are also legal origins customary practices and precedents force

There are different branches of the Christian family, such as marriage, divorce, restitution, judicial separation, inheritance, adoption, guardianship, maintenance, custody of minor children and the relevance of canon law and the laws regulating family relations.

Nationality Act

Indian nationality law

In India and Citizenship Act "1955 constitution, the main French nationality or citizenship law codification. Though India bars multiple citizenship, the Indian Parliament passed the Constitution on January 7, 2004, to create a new form of very limited dual citizenship, was Overseas Citizens of India known as the laws of Overseas Indian civil and political rights or participation in any form of government, however, there are no plans to issue any form of Indian passport overseas citizens.