Basic Concepts of Indian Legal System

Basic Concepts of Indian Legal System

During the reign of the Mughal Empire, Mahakuma-e Adalat was found to do justice to the people. The Qur`an, the Sunnah and hadis, the Ijma and the Qiyas were the main sources of Muslim law. Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri were the principles that determined the trial. The hierarchy of the judicial system has been divided into: The Indian Constitution established a bicameral system. It divides the legislature into Lok Sabha (House of the People) and Rajya Sabha (Council of States). Lok Sabha or the lower house is composed of representatives of the people elected by a universal right to vote for adults, while Rajya Sabha or the upper house is a permanent body that cannot be dissolved and is elected by the legislative members of the state. Throughout history, India`s judicial system has undergone many changes. The main pillar and core is the Indian Constitution, which established the functioning of the entire judicial system in India. The rapid development of the country also requires major reforms of the judicial system. The Indian government is trying to remove the obstacles and the backlog. However, more progress still needs to be made. Submit your article via our online form Click here Note* We only accept original articles, we do not accept articles that have already been published on other websites.

For more details, please contact: editor@legalserviceindia.com The Vedic Valley, Bronze and Indus civilizations have all contributed to the judicial system in India. The first known source of law in India was classical Hindu law. The “Dharma” deals with legal and religious obligations. The main sources of Hindu law or “Dharma” are Veda, Smriti and Aâchâra. One of the biggest challenges facing the Indian judicial system is the backlog of cases. The main cause of addiction is the increasing number of new cases and the slowness with which they are resolved. More than 4.7 crores of trials are pending before the courts at all levels of the judiciary as of May 2022. Nearly 1,82,000 cases have been pending for more than 30 years, of which 87.4 per cent have been before the lower courts and 12.4 per cent before the courts of first instance. According to data from the Department of Justice`s National Judicial Data Grid database, courts experienced a 27% increase in pendence between December 2019 and April 2022. At present, an insufficient number of judges are available to settle disputes.

Statistics from the Ministry of Justice show that there were 400 vacancies with a staff of 708 as of June 2022 for judges of the Supreme Court of India and the Supreme Court, which is not enough to eliminate the backlog of pending cases in India. Given the rapid evolution of the country, there is an urgent need to reform the judicial system as well. There is a legal maxim that delayed justice is denied justice. This is the basis of the right to a speedy trial and equal treatment, which aim to improve the legal system, since the injured party who has suffered the violation hopes for prompt and effective redress of the dispute. Legal issues are resolved too slowly, either because cases are too complex, because the existing system is too complex, or because of the overload of several cases. The reforms should aim at significantly improving the administrative functions of the judiciary. To increase the productivity of the judicial system, the Centre recommended measures such as increasing the number of working days for courts, establishing speedy courts and establishing Indian Judicial Services (ICT). The executive, local government, various economic improvements and administrative reforms should all be seen as part of a well-coordinated and integrated complementary reform initiative that ensures the improvement of the judicial system.

Most importantly, legal changes in the country will be impossible to achieve without the institutional balance, unity and capacity of the state to exercise functions of regulation, supervision, economic, civil society and public democratic control. Introduction The first question that arises when listening to the legal system is: what is right? Generally, a rule of being or behavior established by an authority capable of applying its will; control regulations; The mode or order in which an agent or power acts. It maintains order and discipline in society and regulates anti-social behaviour and activities. As such, two types of legal systems that I will explore work around the world to elaborate the rights and obligations of citizens in various ways. This is “customary law and legislation”. My research focuses on distinguishing between the authority and relevance of statutes and the common law. It`s a big research topic, but I`m doing research on the history and development of common law and legislation in India. The Indian legal system is based on both legislation and common law. Legislation is also called the Code of Law, while common law is sometimes referred to as jurisprudence.

Legislation and common law are two very different legal systems. But in the current scenario, the convergence of the two can easily be seen and felt, as India has both in its system. The common law, also known as jurisprudence, is a law developed by judges through decisions of similar courts and tribunals. A “common law system” is a legal system that sets a great precedent for the common law, on the principle that it is unfair to treat similar facts differently on different occasions. The precedent is called “common law” and binds future decisions. If a similar dispute has been settled in the past, the court is required to follow the reasoning of the previous decision. The principle according to which this is followed is called stare decisis. On the other hand, legislation is a relatively new concept in the judicial system, and these laws are promulgated by the legislator. A legislature is a kind of consultative assembly with the power to pass, amend and repeal laws.

It was created during the establishment of a democratic government. The reason for its development in a certain type of government is that its application is possible in the presence of a government agency and we are very familiar with the fact that the governing body is a main feature of the democratic state. Laws are also known as statutory laws and can be established by national, state or local legislators.