Friday, October 11, 2024

WHAT IS INDIAN LAW & HOW IT'S WORK ?


Indian law refers to the body of laws in India that govern the country and its citizens. It is a complex and multifaceted system influenced by the country's diverse cultural, historical, and social contexts. Here are some key characteristics and components of Indian law, along with an overview of how it works:




Characteristics of Indian Law


1. Common Law System: India follows a common law legal system, which is based on judicial precedents, customs, and statutes. English law heavily influenced Indian law during colonial rule, and many principles of English common law remain in effect.


2.Constitutional Framework: The Constitution of India, adopted in 1950, is the supreme law of the land. It lays down the fundamental rights and duties of citizens and establishes the structure of the government. All laws must comply with the Constitution.


3.Legislative Framework: Laws in India are made by the Parliament (for central laws) and state legislatures (for state laws). The legislative process involves several stages, including drafting, debating, and voting on bills.


4. Judiciary: The Indian judiciary is independent and has the power of judicial review to ensure that laws and executive actions comply with the Constitution. The Supreme Court of India is the highest court, followed by High Courts in each state and various subordinate courts.


5. Personal Laws: India recognizes personal laws governing marriage, divorce, inheritance, and adoption, which vary based on religion. For example, Hindus, Muslims, Christians, and other communities have their own personal laws.


Read also :- How to file criminal cases



 How Indian Law Works:


1. Legislation: The legislative process begins with the introduction of a bill in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). After discussions and approval from both houses, the bill is sent to the President for assent. Once the President approves it, it becomes law.


2. Judicial System: The judiciary interprets and applies the laws. Courts resolve disputes between individuals, organizations, and the state. The court system is hierarchical, with the Supreme Court at the apex, followed by High Courts and subordinate courts. Courts have the power to enforce rights and settle legal issues based on statutes, precedents, and constitutional provisions.


3. Enforcement: Law enforcement agencies, such as the police, are responsible for enforcing laws and maintaining public order. They investigate crimes, apprehend offenders, and aid in the judicial process.


4. Legal Aid and Access: India has provisions for legal aid to ensure access to justice for marginalized and economically disadvantaged individuals. Legal services are provided through various government schemes and nonprofit organizations.


5. Alternative Dispute Resolution (ADR): In addition to traditional court proceedings, mechanisms like arbitration, mediation, and conciliation are used to resolve disputes amicably and efficiently.


Overall, the Indian legal system aims to promote justice, protect fundamental rights, and ensure social order, reflecting the diverse and pluralistic nature of Indian society.

No comments:

Post a Comment

Chapter-3 section 5-8 POSH ACT,2013

  Chapter -3 section 5-8 This chapter lays down the institutional and procedural framework for how sexual harassment complaints should be ad...