Law of India

The law of India refers to the system of law across the India. India maintains a hybrid legal system by combining different laws like civil law, common law, customary, or religious law within the legal framework. Indian personal law is complex, with each religion having it own rules. In most of the states, registering of marriages and divorces are not compulsory. Exception of this rule is in Goa, where all religions have a common law for marriages and divorces. Supreme Court of India has banned the Islamic practice of triple talaq.


Constitution of India came into effect on 26th January 1950 and was the lengthiest constitution in the world. It provides administration of Union and the states, codifies the relation between Federal and State Governments. It prescribes a federal structure of the Government, with the separation of legislative and executive powers. Each State Government has its own rules to draft its laws. It can also vest power of amendment in Federal Government, absence of dual citizenship.


Indian Penal Code forms the backbone of criminal law in India. It governs the procedural aspects of criminal law. Supreme Court of India ruled that criminal defendants have right to counsel. Capital punishment is legal in India.


Contract law governs entrance into contract and effects of breach of contract. It is also referred to as mercantile law of India. Contract act has the most important place in legal agreements in India.


Labor law is the most comprehensive law in India. It is criticized by the World Bank due to inflexibility. There is a huge informal sector where labor rights aren’t available and laws are not enforced.


Tort law recognizes state liability, constitutional tort deviates from norms in tort law. It covers custodial deaths, encounter killings, illegal detention and disappearances.
Trust law extends to whole India except Jammu and Kashmir and Andaman and Nicobar Island.
Hindu law is a specific branch of law. Jains, Sikhs and Buddhists are covered in Hindu law.
Muslim law is based upon sharia and therefore, partially applied in India. Development is on the basis of judicial precedent.
Sunni Law:
Quran
Sunna (tradition of Prophet)
Ijma (decisions of Jurists)
Qiyas (analogical deduction)
Usooli Shia:
Quran
Tradition
Ijma
Reasons
Akhbari Shia:
Tradition
Christian law is based upon specific statutes. It is a separate branch of law. It covers family law, based upon English law. It has sub branches like marriage, divorce, restitution, judicial separation, succession, adoption, maintenance, etc.


Law Enforcement
Police Force
Police is controlled by central government of India. Federal law enforcement agencies are controlled by Ministry of Home Affairs. They have the responsibility for maintaining law and order to the states and territory and are carried out by state-level police forces. Constitution permits central government to participate in police operations and organizations. Indian Police Service (IPS) officers are recruited by Union Public Service Commission through examination. About 50 percent of the officers are assigned to states or territories in order to promote national integration.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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