Cecily Zamora
The Indian legal system is a complex mix of civil law, common law, customary law, religious law, and corporate law, influenced by its colonial past and adapted to fit the United Nations guidelines on human rights and environmental law. The country's judicial system is largely derived from British law, with limited influence from pre-colonial Indian legal institutions. India's laws are enacted by state and central legislatures, with the process of law-making starting in one of the two Houses, the Lok Sabha or the Rajya Sabha, where a Bill undergoes three readings before being submitted to the President for approval. For those seeking to learn more about Indian laws, online resources such as The Gazette of India, India Code, and various databases provide access to Central and State Acts, with some resources offering simple explanations aimed at non-lawyers.
| Characteristics | Values |
|---|---|
| Legal System | Civil law, common law, customary law, religious law, and corporate law |
| Legal Framework | Inherited from the colonial era with British legislation still in effect in modified forms |
| Adherence | United Nations guidelines on human rights law and environmental law |
| Personal Law | Complex, with each religion adhering to its own specific laws |
| Marriage and Divorce Registration | Not compulsory in most states |
| Exceptions | State of Goa, with a uniform civil code for all religions regarding marriages, divorces, and adoptions |
| Online Services | Details available on the National Portal of India |
| Legal Institutions | Information on Supreme Court, High Courts, Subordinate Courts, Legal Aid, Profession, and Alternative Dispute Resolution |
| Central Acts | Available in The Gazette of India from 1947 onwards |
| State Legislatures | Online access available, including laws of 30 state legislatures |
| Databases | Include full-text Central Acts from 1834 onwards |
| Explainers | Provide simple explanations of laws on various topics |
| Bill Process | Three readings in each House (Lok Sabha and Rajya Sabha), committee examinations, presidential assent |
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What You'll Learn
The Constitution of India
The Constitution was drafted by the Constituent Assembly, which was made up of elected 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. The constitution was adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950, replacing the Government of India Act 1935 and the Indian Independence Act 1947 as the country's fundamental governing document. The Dominion of India thus became the Republic of India, and India ceased to be a dominion of the British Crown.
The original 1950 Constitution, handwritten in Hindi and English, is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. The document took nearly five years to produce, with each page decorated by artists from Shantiniketan and calligraphy by Prem Behari Narain Raizada. It was published in Dehradun and photolithographed by the Survey of India. The estimated cost of the Constituent Assembly was ₹6.3 crore.
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. With about 145,000 words, it is the second-longest active constitution in the world.
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Civil, common, customary, religious, and corporate law
The legal system of India consists of civil law, common law, customary law, religious law, and corporate law.
Civil Law
Civil law in India deals with contract law, family law, and property law. The Indian Contracts Act of 1872 defines a contract as "an agreement enforceable by law" and outlines the regulations, enforcement, and interpretation of contracts. Family law governs the relationships between family members and their rights and responsibilities regarding adoption, divorce, and maintenance. Property law sets out the rights and limitations regarding the use or transfer of property. The civil law area also includes tort law, which deals with civil wrongs committed against another person or their property. Under civil law, a person who has been wronged has access to remedies such as declarations, injunctions, specific performance, and monetary damages.
Common Law
Tort law is a significant aspect of common law in India. Indian tort law is generally derived from English law but includes unique features such as remedies for constitutional torts and absolute liability for businesses engaged in hazardous activities. Courts refer to case law from other common law jurisdictions while also considering local norms and India's constitutional framework.
Customary Law
Customary law in India refers to unwritten rules and practices that have evolved within specific communities, particularly tribal communities, and gained legal recognition due to their long-standing acceptance. These laws govern marriage, inheritance, property rights, and dispute resolution. The Indian Evidence Act of 1872 and subsequent constitutional provisions have empowered courts to recognise and enforce customary rights, creating a bridge between informal customary laws and the formal legislative framework.
Religious Law
India recognises the personal laws of various religions, including Hindus, Sikhs, Jains, Buddhists, Muslims, and Christians. The state of Goa is an exception, where a uniform civil code applies to all religions regarding marriages, divorces, and adoptions. During the colonial era, the system of "Anglo-Muhammadan Law" developed, blending British and Islamic legal traditions.
Corporate Law
Corporate law in India is governed by acts such as the Indian Partnership Act of 1932, the Sale of Goods Act of 1930, and the Companies Act of 1956 (which replaced earlier versions passed in 1857 and 1866). These acts deal with the establishment, investments, and dissolution of companies, introducing concepts such as limited liability. The Companies Act 2013 further consolidated and amended the laws relating to all listed and unlisted companies in the country.
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Online services and free legal aid schemes
The National Portal of India provides a single-window access point to information and services from all Government Departments, Institutions, and Organizations. It is a gateway to access Indian Government websites at the Centre, State, and District levels. The portal provides details of online services and free legal aid schemes, along with related documents and forms.
The National Legal Services Authority (NALSA) is another key resource for free legal aid and services in India. NALSA has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to the weaker sections of society and to organize Lok Adalats for the amicable settlement of disputes. NALSA is located at the Supreme Court of India in New Delhi and has a Centre for Citizen Services in the city as well. It operates during office hours on all working days. NALSA also has a website where people can apply for legal aid online.
State Legal Services Authorities have been constituted in every state to implement NALSA's policies and directions and to provide free legal services to the people. These state authorities also conduct Lok Adalats. The websites of these state authorities can be accessed through the NALSA website.
Additionally, information about specific state-level legal services and free legal aid is available on the National Portal of India. For instance, details about the Kerala State Legal Services Authority, Gujarat State Legal Services Authority, and Maharashtra State Legal Services Authority are provided. The portal also offers information on the legal aid and free legal services provided by the District Courts of Haryana and the Legal Services Authority of Puducherry.
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Central Acts as passed
The National Portal of India provides access to information and services from all Government Departments, Institutions and Organizations, including Central Acts as passed. It serves as a gateway to Indian Government websites at the Centre, State, and District levels.
The Legislative Department of the Ministry of Law and Justice, Government of India, maintains a list of Central Acts in alphabetical and chronological order. This list is accessible through the Legislative Department's website, which provides a comprehensive overview of the Central Acts passed by the Indian government.
The website offers a user-friendly interface with options to print and share on social media platforms, and toggle between different categories. It ensures that citizens, legal professionals, and researchers can easily access and share information about the Central Acts.
While the specific URL for the list of Central Acts was not directly accessible, the Legislative Department's website is a dedicated source for this information. It is recommended to navigate to the Legislative Department's webpage through the National Portal of India or by searching for "Legislative Department India Central Acts" in a search engine. This should direct you to the most up-to-date list of Central Acts as passed by the Indian government.
Additionally, the National Portal of India offers details about various legislations, rules, and regulations, as well as information about the Supreme Court, High Courts, Subordinate Courts, Legal Aid, and Alternative Dispute Resolution (ADR). It is a valuable resource for understanding the legal framework and seeking legal information in India.
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State legislatures
The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is the legislative body in each of the 28 states and three union territories of India. Members of the legislative assembly are directly elected to serve five-year terms from single-member constituencies. However, the term may be extended by the Indian parliament for one year at a time in the event of a state emergency.
In six states, the legislative assembly is the lower house of their bicameral legislature, with the upper house being the State Legislative Council. In these states, the legislative assembly holds equal legislative power with the State Legislative Council in terms of passing bills, except in the case of money bills. The six states with bicameral legislatures are:
- Andhra Pradesh
- Karnataka
- Maharashtra
- Telangana
- Uttar Pradesh
- West Bengal
Five union territories are governed directly by the union government and do not have a legislative body. The remaining three union territories with legislative assemblies are:
- Delhi
- Puducherry
- Jammu and Kashmir
The constitution of India states that a legislative assembly must have no less than 60 members and no more than 500. However, exceptions may be granted via an act of the Indian parliament, as is the case in Goa, Sikkim, Mizoram, and the union territory of Puducherry, which have fewer than 60 members.
The National Portal of India provides detailed information on various state legislative institutions, including the Andhra Pradesh Legislative Council, Arunachal Pradesh Legislative Assembly, Assam Legislative Assembly, Bihar Legislative Assembly, and many others.
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Frequently asked questions
The India Code is a digital repository that includes full-text Central Acts from 1834 onwards. It can be browsed by Act title, Act number, enactment date, year, and ministry.
Online access to laws enacted by all State legislatures within India is currently a work in progress. The aim is to include the laws of all 30 state legislatures.
A Bill undergoes three readings in each House, the Lok Sabha and the Rajya Sabha, before it is submitted to the President for assent and becomes an Act of Parliament.
