The Indian judiciary system, which sprang out in the wake of Indian civilization, has come a long way with its continuous evolutionary process.
Through The Vedic era, the reign of different emperors, the pre-British rule, and post-independence, the Indian Judiciary had a lot of historical and religious prescriptions to borrow from.
As we know it, the current constitution has evolved into becoming the supreme source of the law of the Indian judiciary system. Here, in this article, let us dive into the judiciary system of India and get an in-depth insight into different types of laws.
The Source Of Indian Law
The Indian law resides within the Indian constitution. Here is a detailed description of the primary sources.
Primary Sources Of Indian Law
Here is even a better elaboration of the primary sources of Indian law.
- The Indian constitution.
- Enactments passed by the parliament of India.
- Customary laws.
- Case laws.
The Indian Constitution is the sole source of the Indian law and rights of the citizens.
The parliament or the state legislature is responsible for enabling the statutes. The local governmental authorities like governmental departments, municipal corporations are responsible for passing the subordinate delegated legislation at the local level.
Customary laws stem from the local conventions and customs and are applicable if they don’t defy any statute or moral aspects.
Judicial decisions that the Supreme court or the high courts of India take are also legal sources of Indian law.
Different Types Of Laws Indian Judiciary
The Indian Constitution has given the citizens of India several rights. However, due to the possibility of infringement, the legislature has also produced several laws. The government can enforce these laws to protect these rights.
The laws are a means for creating a peaceful society by protecting the rights and maintaining harmony among the citizens.
The Indian judiciary system, which the judges develop, has divided its laws into five different categories. Here are the four different types of Indian laws-
- Criminal law.
- Civil law.
- Statutory Law.
Criminal laws are a set of rules that the state police have the right to enforce. The purpose of this law is to ensure public safety. “Offenses” such as murder, rape, assault, robbery are dealt with using Criminal law.
The Indian Penal code1860, the Indian Evidence Act 1872, deals with the criminal offense done to any individual. The Indian Penal Code Describes various types of public offenses and the possible punishments for those offenses.
Code of Criminal Procedure 1973 is responsible for the procedures and enforcement of the criminal laws.
Civil laws are different from criminal laws. These laws do not observe the crime-related events and rather deal with matters such as-
- Right to education.
- custody of children,
- Trade union membership.
- Property disputes
- Ownership issues
- Insurance claims
Clients having such legal matters need to consult with corporate lawyers. The Civils laws deal with these noncriminal activities and can be further divided into four
categories such as-
- Law of Torts.
- Family law
- Contract law
- Property law.
The origin of the common law is in England; it came to India with the East India Company. The law simply means what its name suggests. It is common to all and is also known as the judge-made law, judicial precedent, or case law. So, the law originates from the judicial decisions taken by the court for any cases.
When the judge decides any case in the UK, that becomes a precedent for any future cases. When the higher court takes such decisions, the lower courts can choose not to choose the precedent. But this rarely occurs.
An example of the common law is- in a marital relationship when a couple has lived together for more than ten years, they can share each others’ assets because of the legal rights.
The other names of Statutory law are legislative law, municipal law, or national law. The national and the state legislature are responsible for creating statutory laws to regulate the conduct of the citizens.
The legislation has the power to make laws to counter any present or future problems. It does not need to bring any cashew to the court of law to make a law and set a precedent.
The creation of statutory laws is required, and there are necessary processes to be followed to become a law. Here is the process-
- The law is proposed in the legislation as a bill.
- The executive passes the bill and becomes an Act.
Some examples of the statutory laws are –
- Information Technology Act, 2000.
- Motor Vehicles Act, 1988.
Statutory law differs from common law as it is a law that the legislation makes when the common law follows precedents.
The Indian legal system is very strictly systematic and intricate. The versatile nature of its people in religions, cultures, and practices requires vast laws; consequently, numerous law firms are there.
The constitution borrowed the common laws from the British. In addition, there have been many other legal decisions that the constitution has derived from several other foreign sources and previous historical occasions.
Hopefully, this article will suffice your queries related to different types of laws in India.
Mashum Mollah is a tech entrepreneur by profession and a passionate blogger by heart. He is on a mission to help small businesses grow online. He shares his journey, insights, and experiences at Online News Buzz, Smart Business Daily & Content Rally & The Daily Notes & Follow The Fashion & Dreamland Estate & Tech Trends Pro & Search Engine Magazine & Social Media Magazine. If you are an entrepreneur, digital marketing professional, or simply an info-holic, then this blog is for you.