Indian law

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The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.

Indian law refers to the system of law which operates in India. It is largely based on English common law because of the long period of British colonial influence during the British Raj period. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesised to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.

Indian civil law is complex, with each religion having its own specific laws which they adhere to. In most states, registering of marriages and divorces is not compulsory. There are separate laws governing Hindus, Muslims, Christians, Sikhs and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption.

1 History of Indian law
2 Constitutional and administrative law
3 Criminal law
4 Contract law
5 Tort law
6 Property law
7 Trust law
8 Family law
9 Nationality law
10 Law enforcement
11 See also
12 Notes
13 References
14 External links

[edit] History of Indian law

Main article: History of Indian law

Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.^[1] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.^[2] This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire.^[3]

[edit] Constitutional and administrative law

Main articles: Indian constitutional law and Indian administrative law

Each state has the freedom to drafts it own laws on subjects which are considered state subjects. Laws passed by Parliament of India and other pre-existing central laws on subjects which are considered central subjects are binding on all citizens of each state. Each state has its own laws for taxation rates.

[edit] Criminal law

Main article: Indian criminal law

Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

Capital punishment in India is legal but rarely used. The last execution was conducted in 2004, when Dhananjoy Chatterjee was hanged for the rape and murder of a 14-year old girl. Homosexuality in India is criminal under a Victorian-era criminal statute which is currently facing a constitutional challenge at the Delhi High Court.

[edit] Contract law

Main article: Indian contract law

The main contract law in India is codified in the Indian Contract Act which came into effect on September 1, 1872 and extends to whole of India except the state of Jammu and Kashmir. It governs entering into contract, execution of contract, and the effects of breach of contract.

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