AN OVERVIEW OF LAW AND LEGAL SYSTEMS IN INDIA

NAME : ASMI AJITH

ENROLMENT NUMBER : A90811122002

COURSE : B.A, LL.B (H)

BATCH : 2022-2027

SECTION : A

SUBJECT : SOCIAL WORK FOR LAWYERS

SUBMITTED TO : PROF. CHAITALI GUHA SINHA

 Introduction

The study of law and the legal system is a fundamental part of understanding a society's
organization, governance, and methods of resolving conflicts. In India, the legal system is
deeply rooted in its historical evolution, socio-cultural context, and the foundational
principles enshrined in its Constitution. This project provides a comprehensive overview of
the Indian legal system, examining its origins, key structures, and contemporary challenges.
Divided into subtopics, the project delves into the nature and purpose of law, historical
development, sources of law, and the functioning of the Indian judiciary.

Introduction to Law

Law is a set of rules established by a governing authority to regulate behavior within a

society. It seeks to maintain order, protect rights, and promote justice and equality among
citizens. Legal frameworks ensure that individuals and entities within a society can coexist
harmoniously, with defined standards that dictate permissible and prohibited actions. From
contracts and property ownership to criminal conduct and human rights, law encompasses a
vast range of domains affecting every aspect of life. The law’s role is to provide a predictable
and transparent framework within which social, economic, and political interactions occur. Its
primary objective is to create a balance between individual freedoms and societal welfare,
ensuring that no one’s liberty infringes upon another’s rights.1

In India, law serves as a vital instrument for achieving the constitutional goals of justice,
liberty, equality, and fraternity. It is integral to the preservation of democratic values, the
protection of fundamental rights, and the regulation of powers vested in various state
institutions. Through legislative bodies, the judiciary, and administrative agencies, the Indian
legal system operates to uphold the rule of law, ensuring accountability and fairness.

Historical Evolution of the Indian Legal System

1
N.R Madhav Menon, The transformation of Indian Legal System, 2014
The Indian legal system is one of the oldest in the world, with roots tracing back to ancient
civilization. Ancient Indian society was governed by principles laid out in texts like the
Dharmashastra, which provided guidelines for individual behavior, familial relations, and
community obligations. The Dharmashastra emphasized duties, or “dharma,” and served as a
moral and legal code that influenced governance. During the Mauryan and Gupta empires,
state mechanisms began to formalize legal administration, with judicial officials enforcing
laws derived from both religious and customary sources.2

With the arrival of the Mughals in the 16th century, the Indian legal system began to
incorporate elements of Islamic law, especially in matters of personal law, which governed
marriage, divorce, and inheritance within Muslim communities. Islamic principles influenced
judicial practices during the Mughal rule, creating a fusion of customary Hindu laws and
Islamic laws.

The British colonial period (1757-1947) brought a transformative impact on the Indian legal
system. The British introduced a structured legal framework based on common law
principles, establishing a centralized judiciary, codifying laws, and introducing the rule of law
in place of traditional feudal practices.3 The Indian Penal Code, the Code of Criminal
Procedure, and the Civil Procedure Code were enacted during this period and remain
foundational components of Indian law. British legal principles—such as equity, justice, and
the rule of law—became central to the Indian judiciary, even after independence. The colonial
legal system laid the groundwork for modern India’s legal infrastructure, particularly the
adversarial system and the division of powers among branches of government.

Sources of Law in India

2
N.R Madhav Menon, The transformation of Indian Legal System, 2014
3
S.C Tripti Legal Systems in India, 2017
India’s legal system derives its authority from multiple sources, including the Constitution,
statutes enacted by the legislature, judicial precedents, and customary practices. These
sources provide a comprehensive framework for governance and conflict resolution.4

The Constitution: The Constitution of India, adopted in 1950, is the supreme law of the
land. It establishes the structure, powers, and functions of the government and enshrines
fundamental rights for citizens. The Constitution embodies principles of democracy,
secularism, and social justice, serving as a beacon for the Indian legal system. It also
delineates the jurisdiction of the central and state governments, thereby structuring a federal
system of governance. Constitutional law has primacy in India, meaning any law inconsistent
with it can be struck down as unconstitutional.

Statutory Law: Legislative bodies, including the Parliament at the national level and state
legislatures at the state level, create statutory law. These statutes cover a vast range of topics,
such as criminal law, contract law, property law, and personal law. Parliament enacts laws on
subjects under the Union List, while states legislate on matters under the State List. Certain
subjects fall under the Concurrent List, allowing both the Union and states to legislate on
them. The legislative process ensures that laws evolve to reflect social, economic, and
technological changes.

Judicial Precedent: The doctrine of stare decisis, which means adhering to precedents, is a
core principle of the Indian legal system, inherited from British common law. Judicial
decisions, particularly those of higher courts like the Supreme Court, serve as binding
precedents for lower courts. Through landmark judgments, the judiciary interprets the
Constitution and statutes, thereby shaping the legal landscape. Judicial interpretation is vital
to the dynamic nature of law, allowing it to adapt to new challenges and societal changes.

4
Bhushsan Prashant, Judicial Accountability in India, 2015
Customary Law: In certain areas, especially personal laws, customs and traditions play a
significant role. Customary law is derived from unwritten practices accepted within
communities over generations. For instance, Hindu personal laws have been shaped by
traditional customs, while Islamic personal laws are influenced by Sharia principles.
Customary law is recognized in Indian courts as long as it does not contradict statutory law or
the Constitution.

Structure of the Indian Judiciary

The Indian judiciary is an independent body structured into three levels: the Supreme Court at
the apex, followed by High Courts in each state, and subordinate courts at the district level.
This hierarchy ensures an organized system for adjudicating disputes, protecting rights, and
upholding the Constitution.5

Supreme Court of India: The Supreme Court is the highest judicial authority in India,
established under the Constitution. It holds the power of judicial review, allowing it to
interpret the Constitution and determine the validity of legislative and executive actions. The
Supreme Court has both original and appellate jurisdiction. Original jurisdiction covers cases
involving disputes between states or between the Union and states. Appellate jurisdiction
allows the Supreme Court to hear appeals from High Courts, particularly in cases of
substantial legal questions.

High Courts: Each state has a High Court, which serves as the principal civil and criminal
court of that state. High Courts have original jurisdiction over specific cases and appellate
jurisdiction for cases from subordinate courts. They also exercise judicial review over state
laws and executive actions to ensure they are constitutionally compliant.

5
R.S Pathak, Law and Justice, 2019
Subordinate Courts: The district and lower courts operate under the High Courts and are
divided into civil and criminal courts. District courts handle civil matters, while sessions
courts deal with criminal cases. These subordinate courts play a crucial role in resolving local
disputes and ensuring access to justice at the grassroots level.

Role of Law in Social Justice and Reform

The Indian legal system is a powerful tool for advancing social justice and reform,
particularly in a society marked by diversity, economic disparity, and historical injustices.
Laws related to social justice aim to protect vulnerable groups and promote equality, dignity,
and inclusion. Since independence, numerous legislative measures have sought to uplift
marginalized communities, such as the Scheduled Castes, Scheduled Tribes, and women, who
have historically faced discrimination.6

Significant social reform laws include the abolition of untouchability (Article 17 of the
Constitution), the Prevention of Atrocities Act, and the reservation policies aimed at
providing opportunities for historically disadvantaged groups. Personal laws related to
marriage, divorce, inheritance, and adoption have also been reformed to align with
constitutional values of equality and secularism. The judiciary has played a proactive role in
driving social justice, as seen in landmark cases like Vishaka v. State of Rajasthan, which
established guidelines for preventing sexual harassment at workplaces.

Judicial activism has further propelled social reforms, with the Supreme Court adopting a
progressive stance in cases related to environmental protection, rights of LGBTQ+
individuals, and gender justice. The judiciary’s role in enforcing human rights and addressing
socio-economic inequalities underscores its commitment to justice and the welfare of all
citizens.

6
C. Kameshwara Rao, Evolution of Indian Legal Systems: Historical Perspectives and Modern Challenges, 2017
 Contemporary Challenges in the Indian Legal System

While the Indian legal system has made significant strides, it faces numerous challenges that
impact its efficiency and effectiveness. Key challenges include a backlog of cases, limited
access to justice for marginalized communities, and issues of judicial accountability.

Backlog of Cases: India has millions of pending cases, leading to prolonged delays in justice
delivery. The judiciary’s limited capacity, coupled with procedural complexities, has
contributed to this backlog.7 Despite measures like fast-track courts and alternative dispute
resolution mechanisms, delays remain a major hurdle.

Access to Justice: Socio-economic factors often restrict access to justice for marginalized
groups, including low-income individuals, women, and rural populations. Legal aid services
and awareness programs are essential to bridge this gap and ensure that all citizens can
exercise their legal rights.

Judicial Accountability and Independence: While judicial independence is a cornerstone of

democracy, there are ongoing debates about accountability within the judiciary. Issues such as
judicial appointments, corruption, and judicial conduct are scrutinized to maintain public trust
in the judiciary.

Conclusion

7
Bhushsan Prashant, Judicial Accountability in India, 2015
The Indian legal system is a unique blend of ancient customs, colonial influences, and
constitutional principles. It upholds democratic values, human rights, and social justice,
reflecting the diversity and complexity of Indian society. Through its hierarchical judiciary,
codified laws, and commitment to constitutionalism, the Indian legal system plays an
instrumental role in governing the nation and ensuring justice for all. While challenges
persist, the system’s resilience and adaptability promise ongoing reform and progress,
underscoring the law’s role as a catalyst for social harmony and development.

In a rapidly changing world, the Indian legal system continues to evolve, balancing tradition
with modernity, individual rights with collective welfare, and justice with equity. It remains a
pillar of the world’s largest democracy, striving to realize the constitutional vision of a just,
inclusive, and equitable society.