Chapter 01

Chapter 01

INTRODUCTION TO

INDIAN LEGAL SYSTEM

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Object of `Law `

To Govern/ Social interest

Regulate Conflicting interest/Claims

Security Person Natural

Corporate

Property Tangible

Intangible

Definition of `Law` (Art 12)

Ordinance

Order

Bye-Law

Rule

Notification

Customs/Usages having force of law

Law shall not take away/abridge Fundamental Rights; in case does , void to that extent

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INTRODUCTION INDIAN LEGAL SYSTEM

One of the oldest legal systems in the entire history of the world.

Transformed over years - to absorb inferences from legal systems across globe

The Constitution of India - the fountainhead of the Indian Legal System.

It demonstrates Anglo-Saxon character of judiciary - basically drawn from British Legal System

Broadly classified into Civil and Criminal law

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SOURCES OF INDIAN LAWS

The Indian Constitution laws set by Constitution regulated, carried out and enacted by federal system of India (Judiciary, Parliament and the State Legislatures)

Customary law

Just & Public utility, Peaceful enjoyment

Continuity; Antiquity

Certainty; Consistency

Judicial precedents (Case laws) - stare decisis, ratio decendi, obiter dicta

Statutes (legislation) Sovereign functions of `State`

Supreme legislation laws made by Parliament/State Assembly

Subordinate legislation delegated by Parliament/Sate Assembly

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Legislative empowerment (Art. 245)

Art. 246 VII Schedule

Parliament Union List (List I)

India (whole/part)

Territorial/Extra territorial, Air, Marine

Assembly State List (List II)

Both (a) & (b) Concurrent List III

Parliament legislating on State subject (List II)

National interest - Resolution by 2/3rd majority of

Art 249 State Assembly

During Emergency External (Art 352)

Art 250 Internal (Art 356)

Financial(Art360)

When two or more State consent- Art 252

Ordinance making power President & Governor

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JUSTICE DELIVERY SYSTEM

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SUPREME COURT

High Court

(Every State)

Civil Courts

Criminal Courts

Lower Courts

Lower Courts

Lower Courts

Lower Courts

Tribunals

Tribunals