Cameron Miranda
The Indian legal system has a complex and varied history, with the present-day judicial system deriving largely from British colonial rule, which replaced the previously dominant Hindu and Islamic laws. The Constitution of India, which came into effect on 26 January 1950, is the lengthiest written constitution globally, guaranteeing protection of life and personal liberty, and providing a federal structure of government with a clear separation of powers. This constitution also outlines the fundamental rights of citizens and the relations between the federal and state governments, with each state government able to draft its own laws on state subjects. There are currently around 891 Central laws, with many additional state laws, and citizens are bound by laws passed by the Parliament of India on central subjects.
| Characteristics | Values |
|---|---|
| Number of Central laws | 891 |
| State laws | Multiple for each state |
| Historical influences | Dharmaśāstras, Arthashastra, Manusmriti, Islamic Sharia law, British law |
| Constitution | Longest written constitution in the world |
| Constitution effective date | 26 January 1950 |
| Constitution type | Federal with unitary features |
| Rights guaranteed | Protection of life and personal liberty, fundamental rights |
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What You'll Learn
The Constitution of India
The Constitution was drafted by the Constituent Assembly, which was elected by the members of the provincial assemblies. The 389-member assembly (reduced to 299 after the partition of India) took almost three years to draft the constitution, holding eleven sessions over a 165-day period. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution is handwritten, with each page decorated by artists from Shantiniketan, and its calligrapher was Prem Behari Narain Raizada. The constitution was published in Dehradun and photolithographed by the Survey of India. Production of the original constitution took nearly five years.
The Constitution provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and the State Governments. It prescribes a federal structure of government, with a clear separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft its own laws on subjects classified as state subjects. However, the Constitution also has certain unitary features, such as vesting the power of amendment solely in the Federal Government and assuming overriding authority in times of emergency.
The Constitution has had more than 100 amendments since it was enacted. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution in the world.
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Islamic and Hindu Laws
The Indian legal system has been influenced by various historical and cultural factors, including Islamic and Hindu laws. With the Muslim conquest of the Indian subcontinent, Islamic Sharia law spread with the establishment of various sultanates. During the Mughal Empire, Islamic law was further consolidated with texts such as al-Hidaya and Fatawa 'Alamgiri.
The term "Hindu law", on the other hand, is a colonial construction that emerged during British colonial rule. In 1772, British colonial officials decided that the European common law system would not be implemented in India, and instead, Hindus would be governed by "Hindu law" and Muslims by "Muslim law" (Sharia). The substance of Hindu law implemented by the British was derived from Dharmaśāstra, specifically the Manusmriti, which was a treatise on Dharma. However, scholars have debated the accuracy of this interpretation, suggesting that these texts were not legal codes but rather jurisprudence commentary.
During the British Raj, the Shariat Application Act of 1937 was passed, which continues to be followed in India for matters related to marriage, divorce, and succession among Muslims. Additionally, the Dissolution of Muslim Marriages Act of 1939 outlines the circumstances under which Muslim women can obtain a divorce and their rights in such cases. The Muslim Women (Protection of Rights on Marriage) Act of 2019 also outlawed the practice of "triple talaq", where a husband divorces his wife by pronouncing "talaq" thrice.
In contrast, Hindu personal law has been codified in various acts, including the Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance Act (1956). These laws apply not only to Hindus but also to those practicing Sikhism, Jainism, and Buddhism.
While India's current judicial system is largely derived from British colonial rule, the influence of Islamic and Hindu laws has left a lasting impact on the country's legal landscape, shaping personal laws and contributing to the diverse and complex nature of India's legal system.
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British colonial laws
The British colonial laws in India were established during the period of the British Raj, which lasted from 1858 to 1947. During this time, the British Crown exercised direct rule over the Indian subcontinent, including areas administered directly by the United Kingdom (known as British India) and regions governed by indigenous rulers under British paramountcy (called princely states). The British East India Company initially established its presence in India as a trading entity, but as it gained territorial control, it implemented a structured legal system.
The early legal framework under British colonial rule in India was a blend of British common law and existing Indian legal traditions. The Regulating Act of 1773 marked the beginning of formal legal administration, with the establishment of the Supreme Court of Judicature at Fort William in Calcutta. One of the most significant aspects of British colonial law in India was the codification of laws. Thomas Babington Macaulay advocated for a uniform legal code, and played a pivotal role in this process.
The Indian Penal Code (IPC) of 1860, the Code of Civil Procedure (CPC) of 1859, and the Indian Evidence Act of 1872 were landmark legislations that shaped the legal landscape of colonial India. The introduction of these British legal principles had profound effects on Indian society, often clashing with traditional practices and customs. For example, the IPC criminalized practices like sati, or the self-immolation of widows, which were deeply rooted in certain communities. While some viewed these reforms as progressive, others perceived them as an imposition of foreign values and a form of cultural domination.
The British colonial legal system in India has been criticized by scholars such as Ranajit Guha and Radhika Singha for its coercive nature and its role in expropriating Indian history and culture. Singha highlights how the British used law as a tool to exert strict control over Indian society, navigating and realigning existing social norms and hierarchies to establish their legal order. This dynamic is further explored by Elizabeth Kolsky, who examines the inherent racial biases within the system that often protected Europeans from prosecution for crimes committed against Indians.
The Government of India Act 1919, also known as the Montagu-Chelmsford Reforms, introduced limited self-government to the provinces, marking the first British proposal for representative government in a non-white colony. The Indian Legislature was empowered to make laws for all persons residing in British India, including British subjects. However, the Viceroy retained the authority to overrule the legislature and directly enact measures in the perceived interests of British India or its residents. The Constitution of India, which came into effect on January 26, 1950, was largely based on the Government of India Act 1935, incorporating various provisions from other constitutions of that time.
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Central Acts
The Indian judicial system is largely derived from the British system, with few connections to pre-British Indian legal institutions. The Constitution of India, which came into effect on 26 January 1950, is the lengthiest written constitution globally. It prescribes a federal structure of government, with a clear separation of powers between the federal and state governments.
The National Portal of India provides access to information on Central Acts and Rules passed by the Parliament. The India Code Information System (INCODIS) allows users to search for the full text of all Central Acts passed since 1834.
The Constitution of India guarantees protection of life and personal liberty for all citizens. It also includes a chapter on the fundamental rights of citizens, safeguarding them from arbitrary decisions, and a chapter on directive principles of state policy.
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State laws
India's judicial system is largely derived from the British system, with few connections to Indian legal institutions from before the British era. The Constitution of India, which came into effect on 26 January 1950, is the lengthiest written constitution globally. It provides details on the administration of both the Union and the States, outlining the relations between the Federal Government and State Governments. Each State Government has the autonomy to draft its own laws on subjects deemed state subjects. However, laws passed by the Parliament of India and existing central laws on central subjects are binding on all citizens.
The Constitution also includes unitary features, such as the Federal Government's sole power to amend it, the absence of dual citizenship, and the Federal Government's overriding authority during emergencies. Ancient India had a distinct legal tradition, with influential texts like the Arthashastra (400 BC) and Manusmriti (100 AD) offering authoritative legal guidance.
The advent of the British Raj led to a break in tradition, with Hindu and Islamic laws being abolished in favour of British common law. The East India Company gained law-making powers in the 1600s, allowing them to govern their "official representatives" in India. Their influence expanded, and they sought a more amicable ruling system, establishing English Law in exterior governments (Presidencies) with English judges, lawyers, and laws for Englishmen.
The online repository hosted by India's Legislative Department, Ministry of Law and Justice, offers access to Central laws and State laws for each state. While the repository listed about 891 Central laws as of August 2024, the exact number of State laws is unclear, but each state has its own set of laws.
- Right to Information
- Sedition
- Terror-related crimes
- Criminal Law (including separate guides for victims and the accused)
- Traffic Rules
- Marriage, Divorce, and Maintenance
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Frequently asked questions
The main source of law in India is The Constitution of India, which came into effect on 26 January 1950.
The Indian Constitution prescribes a federal structure of government, with a clear separation of legislative and executive powers between the Federation and the States.
There are Central laws passed by the Indian Parliament and State laws that are drafted and governed by each State. As of August 2024, there are about 891 Central laws.
The law-making process in India involves the Parliament of India, which passes laws on subjects classified as central subjects, and the State Governments, which have the power to draft laws on state subjects.
Yes, the Indian Constitution has certain unitary features, such as vesting the power of amendment solely in the Federal Government and assuming overriding authority during emergencies.
