Sources of Indian Law

India is a diverse and complex country with a rich legal heritage. Indian law is a blend of civil, common, customary, religious, and corporate law that reflects the history, culture, and values of the Indian people. In this blog, I will briefly overview some of the main features and sources of Indian law.

Primary Sources of Indian Law

The primary source of Indian law is the Constitution of India, which is the supreme law of the land and lays down the basic structure, principles and values of the Indian polity. The Constitution also guarantees fundamental rights and duties to all citizens and provides for a federal system of government with separation of powers among the executive, legislature and judiciary¹.

The secondary sources of Indian law are the statutes enacted by the Parliament and the state legislatures, which cover various subjects such as criminal law, civil procedure, taxation, labour, environment, etc. As of July 2022, there are about 839 Central laws and many more State laws in India³.

Another important source of Indian law is case law or judicial precedents, which are the decisions of the courts on various legal issues. The Supreme Court of India is the highest court of appeal and has the power to interpret the Constitution and declare any law or action as unconstitutional. The High Courts are the highest courts in each state and have jurisdiction over civil and criminal matters within their respective territories. The lower courts include the District Courts, Sessions Courts, Magistrates Courts and other special courts¹.

Apart from these formal sources, Indian law also recognizes some informal sources such as custom, usage, equity and justice. These sources are based on the traditions, practices and values of different communities and groups in India. For example, Hindu law is the personal law applying to the majority of the population and is derived from ancient scriptures, commentaries and customs². Similarly, Muslim law is based on the Quran, Hadith and other Islamic sources². Other personal laws apply to Christians, Sikhs, Jains, Buddhists and Parsis².

Features of Indian Law

Indian law has some unique features that distinguish it from other legal systems. Some of these features are:

Pluralism

Indian law accommodates multiple legal traditions and systems within a single framework. It allows for diversity and flexibility in dealing with different situations and contexts. It also respects the autonomy and identity of different religious and cultural groups in India.

Adaptability'

Indian law has evolved over time to meet the changing needs and aspirations of the society. It has incorporated elements from foreign laws, especially from the colonial era and the United Nations¹. It has also responded to new challenges and opportunities arising from globalization, technology, human rights and environmental issues.

Harmonization

Indian law strives to achieve balance and harmony among various sources and principles of law. It seeks to avoid conflicts and contradictions among different laws and jurisdictions. It also aims to promote justice, equality and welfare for all.

Conclusion

Indian law is a fascinating and complex subject that reflects the diversity and dynamism of India. It offers a rich insight into the history, culture and values of the Indian people. It also provides a framework for governance, development and social change in India.

I hope you enjoyed reading this blog on Indian law. If you want to learn more about Indian law or any other topic related to India, please feel free to contact me or leave a comment below.

Source:

(1) Law of India - Wikipedia. https://en.wikipedia.org/wiki/Law_of_India.

(2) Indian law | India | Britannica. https://www.britannica.com/topic/Indian-law.

(3) Law & Justice| National Portal of India. https://www.india.gov.in/topics/law-justice.

(4) 8 Weird Laws in India | Unjust & Unfair Laws - Lawyered.in. https://www.lawyered.in/legal-disrupt/articles/indian-laws-wtf/.