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 further details, please contact: editor@legalserviceindia.com Indian Law, Legal Practice and Institutions of India. The general history of law in India is a well-documented case of receiving and transplanting. Foreign laws were “absorbed” on the Indian subcontinent – for example, in the Goa Hindus` demand for Portuguese civil law; and the enactment by independent India of laws such as the Inheritance Tax Act (1953), the Copyright Act (1957) and the Merchant Shipping Act (1958), which essentially replicate English models. Foreign laws were also often “grafted” onto native laws, as seen in Anglo-Muslim and Hindu law. Legal institutions introduced by foreign governments were readily accepted by Indians, either because they were compatible with existing trends or because they responded to new needs. Independence in 1947 led to an intensification of these processes. This method allows GST-registered corporations to claim tax credits equal to the value of the GST they paid when they purchased goods or services in the ordinary course of business. Administrative responsibility would generally rest with a single authority for the collection of taxes on goods and services.
Exports would be considered a zero-rated supply and imports would be subject to the same taxes as domestic goods and services that respect the destination principle, in addition to customs duties not included in the GST. Introduction The first question that arises when listening to the legal system is: What is law? In general, a rule of being or behaviour set by an authority capable of enforcing its will; control regulations; 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, which I will explore, operate globally to elaborate the rights and duties of citizens in various ways. This is “customary law and law”. My research focuses on distinguishing between the authority and relevance of statute and common law. It is a big research topic, but I am researching the history and development of common law and legislation in India. India`s legal system is based on both legislation and common law. Legislation is also referred to as a code of law, while common law is sometimes referred to as case law. Legislation and common law are two very different legal systems.
But in the current scenario, the convergence of the two can be easily seen and felt, as India has both in its system. Common law, also known as jurisprudence, is a law developed by judges through decisions of courts and similar tribunals. A “common law system” is a legal system that sets a great precedent for the common law, based on the principle that it is unfair to treat similar facts differently on different occasions. The precedent is called the 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 by 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 enacted by the legislator. A legislature is a type of consultative assembly with the power to pass, amend, and repeal laws. It emerged 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 governmental body and, as we know very well, the fact that the organ of government is a major characteristic of the democratic state. Laws are also called statutory laws and can be made by national, state, or local legislators. Legislation: Indian Legal System Legislation, also known as Legal Law, is the basic structure of India`s current legal system.
Legal laws are based on laws enacted and imposed by the legislature. A law is a formal act of the legislator in written form. It declares the will of the legislator. It may be a statement of the law, or an order that must be followed, or a prohibition that prohibits a particular behaviour or action. Legislation at its best is not a struggle between ideological adversaries, but a sincere search for the best rules for our society. A conscious legislator could easily understand that he cannot foresee all future developments affected by his statute and might therefore want to give a trusted bailiff the discretion to adapt his orders to the circumstances of the case law. If so, pragmatism fits well into the context of delegation. A law is the crystallization of an objective that can be political, social, economic or even personal, but there will be a motive behind it. A group of people may be interested in a particular measure that may require the exercise of the legislative power of the State. Legislation then becomes the means to an end.
These groups may be: • Political parties • Interest groups • Ministerial officials • Committees of inquiry • Parliamentary committees • Public and private organisations Although some groups have a greater or more direct influence on the legislative branch than others, they are all united in the same conviction that there is a situation that requires legislation. Legislation in India seeks its history from the British government. Since India became a colony of Britain, legislation as a source of law began to develop slowly at first, but now, in the current scenario, we see that the legislature is the main source of law. Few pre-independent laws that are still valid and followed in India are: · Indian Penal Code, 1860 · Indian Evidence Act, 1872 · Indian Treaty Act, 1872 · Code of Civil Procedure, 1908 · Government of India Act, 1919 · Government of India Act, 1935 Drafting legislation in India At the beginning of independence, the Parliament of independent India was the forge in which a document was drafted to guide the young nation. It will be up to the keen legal mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The Indian Bar Association played a role in the independence movement that cannot be overstated – the fact that the movement`s biggest leaders across the political spectrum were lawyers is proof enough. The new nation saw its first leader in Jawaharlal Nehru and a father figure in M.K. Gandhi, both exemplary lawyers. Perhaps it was the coherent understanding of law and its relationship to society that led the Founding Fathers to expend the energy necessary to form a constitution of unprecedented scope and length.
The Constitution of India is the leitmotif in all matters of the executive, legislative and judicial branches of the country. Some of the post-independence laws in India are: · Code of Criminal Procedure, 1973 · Motor Vehicles Act 1988 · Information Technology Act 2000 · Right to Information Act 2005 Common Law: World and Indian Legal System Origin of the common law Prior to the Norman Conquest in 1066, justice was mainly administered by district courts presided over by the bishop and sheriff, which exercised both criminal and civil jurisdiction. In these courts, the trial began with the jury. Common law arose after the Norman Conquest of 1066 AD. and its origins go back to England. William I, because he had conquered England, proclaimed that all land rights were now under the king. Therefore, the courts were subject to the administration of the Norman rule and the maintenance of the court under that definition. Taking advantage of the financial advantages of the court were the king`s intentions.
Therefore, the institution of Eyre was developed, which consisted of four judges appointed by the king. Its main task is to review the activities of the district courts and hear appeals. It was used as a tool to centralize control over the district court; The Eyre provided the structural basis for the development of a common law for England.