Explain the types of legislation normally prevailing in India
Answers
Answer:
Hi dear ❤️
Explanation:
Introduction
The constitution of India confers various rights to every person. Along with the benefits of such rights comes the threat of it getting infringed. As the maxim says, “ubi jus ibi remedium” which means there is no right without a remedy, throws light on various laws introduced by the legislature, with a view to enforce and protect such rights, in order to civilize the society and maintain peace and harmony among the individuals. It can also be understood as a rule of conduct which uniform and is applicable equally to all the people of the State. Law is a definite and a formulated will of the State. The state makes and implements the rule which is termed as law.
As defined by Austin – “Law is the command of the sovereign.” Each Law is a binding and authoritative rule or value or decision. Every violation of it is punished by the state. The Indian constitution is the written constitution and is the longest. It contains 450 articles, 12 schedules and 101 amendments. This is way the Indian Law system a known to be very extensive one. There were about 1248 laws as of the latest survey in 2017.
The laws in India are fairly complex because, it maintains a hybrid legal system with a mixture of civil, common law and customary or religious law within the legal framework inherited from the colonial era and various legislation, formerly introduced by the British are still in effect, in modified forms today. There is a separate law to govern the Hindus, Muslims, Christians and followers of other religions. Thus, it can be concluded that the sources of Indian Law can be traced back to customs, Religious thoughts and morality, legislation or delegated legislation, judicial decisions, scientific commentaries and also equity.
Types of law in India
As discussed earlier, there are various types of law in India. To simplify its understanding, we will classify them into four major and important categories, i.e. the Common law, Criminal law, Civil law, and statutory law. Let us first take a look at these four laws:
1. Common Law
The common law can be traced back to have its origin in England. It came to India along with the infiltration of the British East India Company. The universal consent and practice of the people from time immemorial formed the basis of Common Law. Common law is also known as judicial precedent or case law. It conveys from the name only that, this source of laws are made by the decisions of the cases. This was mostly seen in UK, where if a case was brought up in the court of law and iry law, laws are made by keeping in mind the future cases, which may arise. The statutes governing civil and criminal justice like, the Indian Penal Code, 1860, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Code of Civil Procedure, 1908 and principles of law, compiled in these codes, we have today were primarily derived, from the Common Law principles. One thing can be said about these legislations is that they have stood the test of time with minimum amendments. Codification of laws made the law uniform throughout the country and cherished a kind of legal unity in fundamental laws. The Codes apply uniformly throughout the nation.
2. Criminal Law
The Indian Criminal law is basically dealt by, the Indian Penal Code, 1860; Code of Criminal Procedure, 1973; and the Indian Evidence Act, 1872. Based on British criminal law, the Indian Penal code, defines basic crimes and punishments and is applicable to resident foreigners and citizens alike, and recognizes offences committed by Indian nationals in abroad. This kind of law is an offence which is considered to be an offence against the society at large i.e against everybody, and not against a particular individual.
The police of the state have an important role to play in this kind of law. Murder, assault, robbery, rape are some kinds of offences that can be included in criminal law. These offences are classified in criminal law because such wrongdoing threatens all the people around as they could have also been a victim of the same. Criminal law is dealt with by the public services and not by private lawyers or investigators.
3. Civil Law
It can be simply defined as the law which deals with actions which are not crimes. All the civil matters are heard by the civil courts. The Civil Procedure Code (C.P.C) regulates the functioning of the civil courts. This code lays down the procedure of filing of civil cases, which includes specific rules for proceedings of a case, rights of appeals, review or reference etc. With each religion having its own specific laws to follow, Indian civil law becomes complex. Indian laws are changing according to the modern world after independence, example: the most recently the domestic violence act was passed in the year 2005. Civil law can be further sub divided into Torts, Contract law, Family law and Property law.
HOPE ITS HELP YOU ❤️