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100-471: Following are the three cases: Over the course of the three cases, the court evolved the principle of judicial independence to mean that no other branch of the state, – including the legislature and the executive, – would have any say in the appointment of judges. The court then created the collegium system, which has been in use since the judgment in the Second Judges Case

200-503: A dominion of the British Crown and became a sovereign, democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day . The constitution was drawn from

300-465: A governor or (in union territories) a lieutenant governor and a chief minister . Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons. After S. R. Bommai v. Union of India , such

400-417: A tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged. While Indian tort law is generally derived from English law , there are certain differences between

500-675: A beneficiary of trust property is not the equitable owner of the property in Indian law. Family laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Recent reform has affected custody and guardianship laws, adoption laws, succession laws, and laws concerning domestic violence and child marriage. As far as Hindus are concerned Hindu Law

600-492: A cause of action under tort law is additionally criminalised by the Indian Penal Code or other criminal legislation. Where a tort also constitutes a criminal offence, its prosecution by the state does not preclude the aggrieved party from seeking a remedy under tort law. The overlap between the two areas of law is a result of the distinct purposes each serves and the nature of the remedies each provides. Tort law aims to hold

700-428: A course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gave special status to the state of Jammu and Kashmir . Article 368 dictates the procedure for constitutional amendments . Amendments are additions, variations or repeal of any part of

800-513: A distinct tradition of law , and had a historically independent thought of legal theory and practice. The Dharmaśāstras played an important role. The Arthashastra , dating from 400 BC and the Manusmriti , from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance. Manu 's central philosophy was tolerance and pluralism , and was cited across Southeast Asia . Early in this period, which culminated in

900-507: A large extent. GST came into effect on 1 July 2017. Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on 1 March 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands . Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognize "double ownership", and

1000-562: A lot of dismay in Indians. Europeans often used this system to abuse and exploit Indians in criminal and civil litigation. This system was ended in 1793 by the Bengal Government, which prohibited all Europeans from living more than ten miles from Calcutta unless they agreed to be subject to Mofussil courts. In the early 1830s, there were motions within the House of Commons, during the debates for

1100-661: A number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858 , the Indian Councils Acts of 1861 , 1892 and 1909 , the Government of India Acts 1919 and 1935 , and the Indian Independence Act 1947 . The latter, which led to the creation of Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935

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1200-477: A preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 105 times ; the latest amendment became effective on 15 August 2021. The constitution's articles are grouped into the following parts: Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. The executive, legislative, and judicial branches of government receive their power from

1300-523: A set of laws and courts in both the interior and exterior governments where the exterior, also known as the Presidencies, was ruled by English Law, staffed by English judges and lawyers, and dealt with Englishmen. The interior, the Mofussil, dealt with native law such as Hindu and Muslim personal law, Company Regulations, and Islamic criminal law. This caused issues later in history when people who were not with

1400-550: A single authority to levy tax on goods and services. Exports would be considered as zero-rated supply and imports would be levied the same taxes as domestic goods and services adhering to the destination principle in addition to the Customs Duty which will not be subsumed in the GST. Introduction of Goods and Services Tax (GST) is a significant step in the reform of indirect taxation in India. Amalgamating several Central and State taxes into

1500-481: A single constitution, single citizenship , an integrated judiciary, a flexible constitution, a strong central government , appointment of state governors by the central government, All India Services (the IAS , IFS and IPS ), and emergency provisions . This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has

1600-502: A single tax would mitigate cascading or double taxation, facilitating a common national market. The simplicity of the tax should lead to easier administration and enforcement. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which is currently estimated at 25%-30%, free movement of goods from one state to another without stopping at state borders for hours for payment of state tax or entry tax and reduction in paperwork to

1700-535: A temporary or semi-permanent character. After the Muslim conquest in the Indian subcontinent , Islamic Sharia law spread with the establishment of Delhi Sultanate , Bengal Sultanate and Gujarat Sultanate . The Corps of Forty also played a major role by establishing some Turkish law in India. In the 17th century, when the Mughal Empire became the world's largest economy, its sixth ruler, Aurangzeb , compiled

1800-430: A tortfeasor accountable and consequently tort actions are brought directly by the aggrieved party in order to seek damages, whereas criminal law aims to punish and deter conduct deemed to be against the interests of society and criminal actions are thus brought by the state and penalties include imprisonment, fines, or execution. In India, as in the majority of common law jurisdictions, the standard of proof in tort cases

1900-447: Is thus partially applied in India , and laws and legal judgements adapting and adjusting Sharia for Indian society. The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law. Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes. The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by

2000-460: Is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. Law of India The legal system of India consists of civil law , common law , customary law , religious law and corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since

2100-466: Is a specific branch of law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India. Jains, Sikhs and Buddhists are also covered by Hindu law. Indian Muslims' personal laws are based upon the Sharia , which

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2200-489: Is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states. The constitution was drafted by the Constituent Assembly , which was elected by elected members of the provincial assemblies . The 389-member assembly (reduced to 299 after the partition of India ) took almost three years to draft

2300-461: Is also responsible for administration of the direct tax laws through Income Tax Department. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963. It is India's official FATF unit. The Central Board of Revenue as the department apex body charged with the administration of taxes came into existence as a result of the Central Board of Revenue Act, 1924. Initially

2400-664: Is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law." Therefore, each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or

2500-649: Is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. A part of the credit must go to the members of the Drafting Committee who, as I have said, have sat for 141 days and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view,

2600-583: Is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose . Its calligrapher was Prem Behari Narain Raizada . The constitution was published in Dehradun and photolithographed by the Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India . The estimated cost of

2700-530: Is in the state of Goa , where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. On February 7, 2024, the Indian state of Uttarakhand also incorporated a uniform civil code . In the first major reformist judgment for the 2010s, the Supreme Court of India banned the Islamic practice of " Triple Talaq " (a husband divorcing his wife by pronouncing

2800-482: Is lacking transparency and credibility which would be rectified or improved by the Judiciary. 1. Sanjiv Khanna , The Chief Justice of India . 2. B. R. Gavai , Judge , Supreme Court of India . 3. Surya Kant , Judge , Supreme Court of India . 4. Hrishikesh Roy , Judge , Supreme Court of India . 5. A. S. Oka , Judge , Supreme Court of India . Constitution of India The Constitution of India

2900-571: Is levied by the Central Government under the Income Tax Act 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislation at the state level. Since a new tax reform in the form of GST was levied through constitutional amendment and came into existence since 1 July 2017 which took the place of excise duties and VAT. The authority to levy a tax

3000-474: Is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III . Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. The constitution

3100-473: Is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act. The Contract act occupies the most important place in legal agreements in India. Indian labour law are among the most comprehensive in the world. They have been criticised by the World Bank , primarily on

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3200-785: Is preserved in a helium -filled case at the Parliament Library Building in New Delhi . In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report . With the exception of scattered French and Portuguese exclaves, India was under the British rule from 1858 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India

3300-611: Is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The government of India establishes term-based law commissions to recommend legal reforms, facilitating

3400-542: Is the Income Tax Act of 1961 passed by the Parliament , which establishes and governs the taxation of the incomes of individuals and corporations. This Act imposes a tax on income under the following five heads: However, this Act may soon be repealed and be replaced with a new Act consolidating the law relating to Income Tax and Wealth Tax, the new proposed legislation is called the Direct Taxes Code (to become

3500-492: Is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of probabilities standard. Similar to the constitutional presumption of innocence in Indian criminal law, the burden of proof is on the plaintiff in tort actions in India. India, like

3600-591: Is the law governing the Parsi Zoroastrian community. Nationality law or citizenship law is mainly codified in the Constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship , the Parliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India . Overseas citizens of India have no form of political rights or participation in

3700-582: Is the lengthiest written constitution in the world. Although its administrative provisions are to a large extent based on the Government of India Act 1935 , it also contains various other provisions that were drawn from other constitutions in the world at the time of its creation. It provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and

3800-426: Is the supreme legal document of India . The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights , directive principles , and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it

3900-624: The Dominion of India became the Republic of India . To ensure constitutional autochthony , its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day . The constitution declares India a sovereign , socialist , secular , and democratic republic , assures its citizens justice , equality , and liberty , and endeavours to promote fraternity . The original 1950 constitution

4000-639: The Fatawa-e-Alamgiri with several Arab and Iraqi Islamic scholars, which served as the main governing body in most parts of South Asia . With the advent of the British Raj , there was a break in tradition, and Hindu and Islamic law were abolished in favour of British common law . The first royal charter for the East India Company in the 1600s granted them the ability to make laws in order to better govern its “official representatives” in India. This

4100-490: The Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. However, the Constitution also has certain unitary features, such as vesting power of amendment solely in the Federal Government, the absence of dual citizenship , and the overriding authority assumed by the Federal Government in times of emergency . The Indian Penal Code formulated by

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4200-568: The State Legislature . In 2010–11, the gross tax collection amounted to ₹ 7.92 billion ( Long scale ), with direct tax and indirect tax contributing 56% and 44% respectively. The Central Board of Direct Taxes (CBDT) is a part of the Department of Revenue in the Ministry of Finance, Government of India . The CBDT provides essential inputs for policy and planning of direct taxes in India and

4300-530: The federal level, the many agencies are part of the Union Ministry of Home Affairs, and support the states in their duties. Larger cities also operate metropolitan police forces, under respective state governments. All senior police officers in the state police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS) and Indian Revenue Service (IRS), two of

4400-409: The 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it. In its judgement on the presidential reference, Supreme Court has elaborately dealt with the modality of rendering recommendation by a constitutional entity such as Supreme Court, President of India , etc. It is not at the discretion of the person consulted to render the recommendation but internal consultations with

4500-510: The All-India Legislative Council had officially begun the process of the codification of Indian Law. This is when India's laws became more attuned with British Common Law, which came from rulings in British legal cases, and is what Judges used to decide cases. This meant that India had limited, on the way to becoming zero, usage of Hindu or Islamic Laws while the law of the colonizers became the predominant form of litigation. This

4600-542: The Board was in charge of both direct and indirect taxes. However, when the administration of taxes became too unwieldy for one Board to handle, the Board was split up into two, namely the Central Board of Direct Taxes and Central Board of Excise and Customs with effect from 1 January 1964. This bifurcation was brought about by constitution of the two Boards u/s 3 of the Central Boards of Revenue Act, 1963. The major tax enactment

4700-453: The British during the British Raj in 1860, forms the backbone of criminal law in India . This law was later repealed and replaced by Bharatiya Nyaya Sanhita (BNS). The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision

4800-416: The Constituent Assembly was ₹ 6.3 crore . The constitution has had more than 100 amendments since it was enacted. The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world. The amended constitution has

4900-605: The Constitution of India, 1950, and establishes the Judicial Appointments Commission, on whose recommendation the President would appoint judges to the higher judiciary. This bill never became an Act. The amendment was struck down by the Supreme Court for being unconstitutional on 16 October 2015. The constitutional bench of Justices J. S. Khehar , Madan Lokur , Kurian Joseph and Adarsh Kumar Goel had declared

5000-423: The Constitution. I must not omit to mention the members of the staff working under Mr. Mukherjee. For, I known how hard they worked and how long they have toiled sometimes even beyond midnight. I want to thank them all for their effort and their co-operation. While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635. G. V. Mavlankar

5100-518: The Direct Taxes Code, Act 2010). Act was referred to Parliamentary standing committee which has submitted its recommendations. Act was expected to be implemented with changes from the Financial Year 2013–14 but was never enacted. Goods and Services Tax (India) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services throughout India to replace taxes levied by

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5200-489: The East India Company and were not native to India committed crimes in India. It was not easy to find out which law systems they should be subject to. In terms of Mofussil courts, Europeans still had an advantage over Indians since they could bring suit against Indians in any mofussil court but Indians would have to go to the Supreme Court to bring suit to Europeans. This was financially and logistically very hard, causing

5300-496: The NJAC Act restoring the two-decade-old collegium system of judges appointing judges in higher judiciary. Supreme Court declared that NJAC is interfering with the autonomy of the judiciary by the executive which amounts to tampering with the basic structure of the constitution where parliament is not empowered to change the basic structure. However, the Supreme Court also acknowledged that the collegium system of judges appointing judges

5400-583: The State Governments. Also incorporated into the text are a chapter on the fundamental rights of citizens, as well as a chapter on directive principles of state policy . The constitution prescribes a federal structure of government, with a clearly defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft its own laws on subjects classified as state subjects. Laws passed by

5500-461: The UK, Australia, and Canada in addition to domestic precedent. However, attention is given to local norms and conditions, as well as India's distinct constitutional framework in applying foreign precedent. The legislature have also created statutes to provide for certain social conditions. Similar to other common law countries, aspects of tort law have been codified. Certain conduct which gives rise to

5600-657: The assembly, which had over 30 representatives of the scheduled classes . Frank Anthony represented the Anglo-Indian community , and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee , a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community. Judges, such as Alladi Krishnaswamy Iyer , Benegal Narsing Rau , K. M. Munshi and Ganesh Mavlankar were members of

5700-427: The assembly, committees were proposed. Rau's draft was considered, debated and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26 November 1949, it adopted

5800-486: The assembly. Female members included Sarojini Naidu , Hansa Mehta , Durgabai Deshmukh , Amrit Kaur and Vijaya Lakshmi Pandit . The first, two-day president of the assembly was Sachchidananda Sinha ; Rajendra Prasad was later elected president. It met for the first time on 9 December 1946. Sir B. N. Rau , a civil servant who became the first Indian judge in the International Court of Justice and

5900-456: The basic structure doctrine. The extent of land ownership and practice of a profession, in this case, were considered fundamental rights. The ruling was overturned with the ratification of the 24th Amendment in 1971. The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects

6000-512: The central and state governments. It was introduced as The Constitution (One Hundred and First Amendment) Act 2016, following the passage of Constitution 101st Amendment Bill. The GST is governed by GST Council and its chairman is Nirmala Sitaraman , Finance Minister of India. This method allows GST - registered businesses to claim tax credit to the value of GST they paid on purchase of goods or services as part of their normal commercial activity. Administrative responsibility would generally rest with

6100-505: The collegium system of appointment of Judges. The President of India gave his assent to the National Judicial Appointments Commission Bill, 2014 on 31 December 2014, after which the bills became National Judicial Appointments Commission Act, 2014 and Constitution (99th Amendment) Act, 2014 respectively. By a majority opinion of 4:1, on 16 October 2015, Supreme Court struck down the constitutional amendment and

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6200-531: The constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature . The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified , supreme constitution; a three-tier governmental structure (central, state and local); division of powers ; bicameralism ; and an independent judiciary . It also possesses unitary features such as

6300-406: The constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there

6400-450: The constitution holding eleven sessions over a 165-day period. In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said: Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that

6500-433: The constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review . This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by

6600-519: The constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day . The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution

6700-441: The constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined, and whether a particular provision of the constitution is a "basic feature" is decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: This implies that Parliament can only amend

6800-475: The court dismissed as without locus standi , a public interest litigation filed by NGO Suraz India Trust that sought to challenge the collegium system of appointment. In July 2013, Chief Justice of India P. Sathasivam spoke against any attempts to change the collegium system. On 5 September 2013, the Rajya Sabha passed the Constitution (120th Amendment) bill, 2013, which amends articles 124(2) and 217(1) of

6900-504: The courts. The concept of the judicial precedent and of 'review by the courts' is a key component of the British common law upon which Indian law is based. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. Sunni Law: As per Shia Law: Usooli Shia Akhbari Shia Polygamy is a subject of debate from long time. It has been abolished in many Islamic countries, but still holds its legal validity in

7000-583: The creation of the Gupta Empire , relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of

7100-589: The drafting of the Indian Constitution , Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law . Personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs , Jains and Buddhist , Muslims , Christians , and followers of other religions. The exception to this rule

7200-614: The first women in India to be given capital punishment. The last execution was conducted on 20 March 2020, where the death sentence was awarded to the convicts—Pawan Gupta, Akshay Singh Thakur, Vinay Sharma, and Mukesh Singh—by a trial court, a decision which was upheld by Delhi High Court and Supreme Court as well. The main contract law in India is codified in the Indian Contract Act , which came into effect on 1 September 1872 and extends to all India. It governs entrance into contract, and effects of breach of contract. Indian Contract law

7300-444: The fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states). The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by

7400-411: The government, however, and there are no plans to issue to overseas citizens any form of Indian passport. Law enforcement in India is undertaken by numerous law enforcement agencies . Like many federal structures , the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of India. At

7500-630: The grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents. Christian family law has now distinct sub branches like laws on marriage , divorce, restitution, judicial separation, succession, adoption , guardianship , maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship. The Parsi law

7600-656: The grounds of the inflexibility that results from government needing to approve dismissals. In practice, there is a large informal sector of workers, between 80 or 90 per cent of the labour force, to whom labour rights are not actually available and laws are not enforced. The current Indian company law was updated and recodified in the Companies Act 2013 . Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages , civil procedure, and codifying common law torts. As in other common law jurisdictions,

7700-626: The law-making authority of the Presidencies which had conflicting laws and made the law more unitary in nature. The council passed all-India laws as well as an Indian Law Commission. The progenitor of this codification was a British lawyer by the name of Thomas Macaulay who became the first Law Member, the head of the All-India Legislative Council, and the first head of the Law Commission. He had gone before parliament in July 1883 to make his case as to why India's government needed reformation and, according to

7800-507: The legislature or the executive. Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services. Judicial review was adopted by the constitution of India from judicial review in the United States . In the Indian constitution, judicial review is dealt with in Article 13 . The constitution is the supreme power of

7900-540: The majority of common law jurisdictions in Asia and Africa, does not permit the use of juries in civil or criminal trials, in direct contrast to America and the Canadian common law provinces which retain civil juries as well as to jurisdictions like England and Wales or New Zealand which permit juries in a limited set of tort actions. Indian tax law involves several different taxes levied by different governments. Income Tax

8000-420: The minutes from the meeting, he believed that Europeans provided the grounds for representative institutions but said that “in India, you cannot have representative institutions” since they do not know “what good governance is” and the “British must be the ones to show them”. Macaulay then set his sights on being the one to codify Indian law and set sail to India by the end of 1883. By the end of 1884, Macaulay and

8100-671: The nation, and governs all laws. According to Article 13 : Due to the adoption of the Thirty-eighth Amendment , the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review

8200-570: The peers shall be made in writing, and the recommendation shall be made in accordance with the internal consultations. Here, internal consultations refer to panels of existing Supreme Court judges appointed by existing judges. The Lok Sabha on 13 August 2014 and the Rajya Sabha on 14 August 2014 passed the National Judicial Appointments Commission (NJAC) Bill, 2014 and the Constitution (121st Amendment) Bill, 2014 to scrap

8300-478: The renewal of the East India Company's royal charter, for a special “Select Committee” to be made to look into the East India Company's objectives and operations in India. The motions were brought to the attention of the House of Commons because there were concerns about the East India Company's effectiveness in the administration of justice and law-making. The general consensus coming out of the Select Committee

8400-421: The rule of law. In Kesavananda Bharati v. State of Kerala , the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of

8500-438: The secular country of India. Supreme court asked the central government for its views, to which it replied that polygamy should be done away with. For Christians, a distinct branch of law known as Christian Law, mostly based on specific statutes, applies. Christian law of Succession and Divorce in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in

8600-575: The several kinds of civil services. They are recruited by the Union Public Service Commission . The federal police are controlled by the central Government of India . The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs . The head of each of the federal law enforcement agencies is always an Indian Police Service officer (IPS). The constitution assigns responsibility for maintaining law and order to

8700-567: The task of framing the Constitution could not have come to so successful a conclusion. Much greater share of the credit must go to Mr. S. N. Mukherjee , the Chief Draftsman of the Constitution. His ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled, nor his capacity for hard work. He has been an acquisition to the Assembly. Without his help this Assembly would have taken many more years to finalise

8800-425: The two systems. Indian tort law uniquely includes remedies for constitutional torts, which are actions by the government that infringe upon rights enshrined in the Constitution , as well as a system of absolute liability for businesses engaged in hazardous activity. As tort law is similar in nature across common law jurisdictions, courts have readily referred to case law from other common law jurisdictions such as

8900-506: The word " Talaq " thrice). The landmark Supreme Court of India judgment was welcomed by women's rights activists across India. As of August 2024 , there are about 891 Central laws as per the online repository hosted by the Legislative Department, Ministry of Law and Justice, Government of India. Further, there are many State laws for each state, which can also be accessed from the same repository. Ancient India represented

9000-534: Was president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946. Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments. At 14 August 1947 meeting of

9100-516: Was a dominion of United Kingdom for these three years, as each princely state was convinced by Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British Government continued to be responsible for the external security of the country. Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be

9200-416: Was a power that grew rapidly with the increase in the East India Company's influence and power over India, giving the East India Company a wider and more powerful judicial authority and jurisdiction. During the eighteenth century, the East India Company wanted a more amicable ruling system where they would not have only English Common Law dictating the laws of a state that was not English yet. They opted to have

9300-468: Was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable. B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that

9400-539: Was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra , which was overturned by higher courts. In February 2011, the Supreme Court of India ruled that criminal defendants have a constitutional right to counsel. Capital punishment in India is legal. Renuka Shinde and Seema Mohan Gavit , who were guilty of kidnapping and killing at least 13 children under 6 years, are currently lodged in Yerwada Central Jail . They were also

9500-412: Was created by a constituent assembly rather than Parliament ) and was adopted by its people with a declaration in its preamble . Parliament cannot override the constitution . It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and

9600-483: Was issued in 1993. There is no explicit mention of the collegium either in the original Constitution of India or in successive amendments. The Third Judges Case of 1998 is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. R. Narayanan , in July 1998 under his constitutional powers. Further, in January 2013,

9700-459: Was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there

9800-466: Was seemingly problematic as it did not take into concern the pre-existing Islamic and Hindu Laws that governed their societies for a long time. However, acceptance of this new code of laws was wide in India. As a result, the present judicial system of the country derives largely from the British system and has few, if any, connections to Indian legal institutions of the pre-British era. The Constitution of India , which came into effect on 26 January 1950

9900-450: Was that the law in India required reform since the East India Company's current system had conflicting laws and had religious laws that did not bode well with unity. The East India Company's charter of 1833 radically changed the structure of law-making in India with regard to the legislatures, it replaced the legislatures of each region with an all-India Legislative Council that had wide jurisdiction and general legislative power. This stripped

10000-471: Was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. B. R. Ambedkar , Sanjay Phakey, Jawaharlal Nehru , C. Rajagopalachari , Rajendra Prasad , Vallabhbhai Patel , Kanaiyalal Maneklal Munshi , Ganesh Vasudev Mavalankar , Sandipkumar Patel, Abul Kalam Azad , Shyama Prasad Mukherjee , Nalini Ranjan Ghosh , and Balwantrai Mehta were key figures in

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