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| Law of India | |
|---|---|
| Name | Law of India |
| Caption | Emblem of India |
| Jurisdiction | Republic of India |
| Established | 26 January 1950 |
| Constitution | Constitution of India |
| Courts | Supreme Court of India; High Courts; District Courts |
| Legislation | Parliament of India; State Legislatures |
| Governing law | Constitution of India, Indian Penal Code, Code of Criminal Procedure, Civil Procedure Code |
Law of India governs rights, duties, remedies and dispute resolution in the Republic of India by integrating constitutional provisions, statute law, judicial decisions and customary practices. It operates within a federal framework shaped by the Constitution of India and interpreted by the Supreme Court of India and various High Courts, influencing administrative action, criminal justice, family relations, property rights and commercial transactions. Major legal reforms and landmark judgments from bodies like the Law Commission of India and institutions such as the Bar Council of India have shaped modern doctrines across public law and private law spheres.
The legal system traces roots to ancient texts such as the Manusmriti and medieval codes like the Fatawa-e-Alamgiri, later transformed by colonial enactments including the Regulating Act 1773, the Indian Councils Act 1861, the Indian Evidence Act 1872 and the Indian Penal Code (1860) drafted under Lord Macaulay, consolidated during the period of the British Raj and the East India Company administration. Nationalist movements led by figures associated with the Indian National Congress and events like the Non-Cooperation Movement and Quit India Movement influenced constitutional development culminating in the Constituent Assembly of India and adoption of the Constitution of India on 26 January 1950. Post-independence law evolved through statutes such as the Code of Civil Procedure (1908) and the Code of Criminal Procedure (1973), as well as judicial doctrines established in cases involving parties like Kesavananda Bharati and institutions like the Election Commission of India.
Primary sources include the Constitution of India, statutes enacted by the Parliament of India and State Legislatures, delegated legislation by entities such as the Central Government of India and State Governments, and judicial decisions from the Supreme Court of India and Bombay High Court, Calcutta High Court, Madras High Court, Delhi High Court, and other provincial High Courts. Influential codifications include the Indian Contract Act 1872, Transfer of Property Act 1882, Indian Succession Act 1925, Rectification of Titles Act (various state enactments), and international instruments ratified by India like the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women as applied through municipal law. Customary law persists in tribal regions governed by statutes such as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition) Act, 2006 (commonly Forest Rights Act).
Constitutional doctrine revolves around the Constitution of India provisions on fundamental rights, directive principles and federal distribution of powers. Landmark decisions by the Supreme Court of India—such as in Kesavananda Bharati v. State of Kerala, Maneka Gandhi v. Union of India, S.R. Bommai v. Union of India, K.S. Puttaswamy v. Union of India and Navtej Singh Johar v. Union of India—shaped doctrines like basic structure, due process, judicial review, secularism and privacy. Institutions central to constitutional governance include the Election Commission of India, Comptroller and Auditor General of India, Union Public Service Commission and statutory bodies created by amendments like the Goods and Services Tax Council. Federal disputes involve references under Articles to the President of India and consultations with the Council of States (Rajya Sabha) and the Lok Sabha.
Criminal justice is primarily codified in the Indian Penal Code, the Code of Criminal Procedure, and procedural statutes including the Indian Evidence Act 1872. Prosecutorial functions are performed by the Public Prosecutors at state and central levels and institutions such as the Central Bureau of Investigation and the National Investigation Agency handle organized crime, terrorism and corruption cases involving entities like the Enforcement Directorate. Notable criminal jurisprudence arises from cases like State of Rajasthan v. Union of India and controversies over statutes like the Prevention of Corruption Act and the Unlawful Activities (Prevention) Act. Sentencing, bail, trials and juvenile justice are governed by laws including the Juvenile Justice (Care and Protection of Children) Act and international commitments such as the Convention on the Rights of the Child where implemented domestically.
Civil obligations and remedies derive from statutes such as the Code of Civil Procedure, the Indian Contract Act 1872, the Specific Relief Act 1963, Transfer of Property Act 1882, Sale of Goods Act 1930 and the Information Technology Act 2000 for digital transactions. Family law is plural: personal laws like the Hindu Marriage Act 1955, Muslim Personal Law (Shariat) Application Act 1937, Special Marriage Act 1954, Christian Marriage Act 1872 and tribal customary regimes regulate marriage, divorce, inheritance and guardianship, often litigated before the Family Courts and High Courts. Commercial litigation involves institutions like the Securities and Exchange Board of India, Reserve Bank of India regulations, arbitration under the Arbitration and Conciliation Act 1996 and tribunals such as the National Company Law Tribunal.
The judiciary is headed by the Supreme Court of India with appellate and original jurisdiction, followed by state High Courts and subordinate District Courts administering civil and criminal trials. Specialized bodies include the National Human Rights Commission (India), Central Information Commission, National Green Tribunal and administrative tribunals like the Tribunal for Consumer Disputes and Income Tax Appellate Tribunal. Legal administration engages authorities such as the Ministry of Law and Justice (India), the Attorney General of India and the Solicitor General of India, while oversight and reform recommendations come from the Law Commission of India.
The legal profession is regulated by the Bar Council of India which oversees enrollment, standards and discipline for advocates appearing before courts including the Supreme Court Bar Association. Legal education is provided by institutions such as the National Law School of India University, National Law Universities across states, historic colleges like Government Law College, Mumbai and university law faculties including University of Delhi Faculty of Law, Banaras Hindu University Faculty of Law and Aligarh Muslim University Faculty of Law. Continuing legal education, law journals and organizations such as the Indian Law Institute contribute to scholarship and reform.