The personal laws of Indian Muslims are based on Sharia law, which is therefore partially applied in India,[40] and on laws and court decisions that adapt and adapt Sharia law to Indian society. The part of fiqh that is considered a personal right for Indian Muslims is called Muslim law. Although Muslim law is largely uncodified, it has the same legal status as other codified laws. [41] The development of the law is largely based on judicial precedents that have recently been reviewed by the courts. [41] The concept of judicial precedent and “judicial review” is a key element of the United Kingdom common law on which Indian law is based. The contribution of Justice V.R. Krishna Iyer on the issue of the interpretation of legal and personal law is significant. During the reign of the Mughal Empire, Mahakuma-e Adalat was found to bring justice to the people. The Qur`an, Sunnah and Hadis, Ijma and Qiyas were the main sources of Muslim law. Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri were the principles of the trial. The hierarchy of the judicial system has been classified into: Historically, India was a collection of kingdoms and empires, and the legal system was based solely on customary law.
Due to British rule from 1750 to 1947, large parts of Indian law are essentially based on British law, the British legal system, and the English language. 2) Law and judicial system in the Muslim period: began in the 12th century from 1206-1750 AD and this period is divided into two phases, namely the sultanate period (1206-1526) and the Mughal period (1526-1750). Overall, the Muslim trial was governed by two Muslim laws, namely: Fiqh-e-Firoz Shahi and Fatwa-i-Alamgiri, and the main sources of Muslim law are the Qur`an, Sunnah and Ahadis, Ijma and Qiyas. The hierarchy of the Muslim justice system Indian legal history is divided into four periods: 1) the ancient Hindu period; 2) the Muslim period; (3) the British period; and (4) the post-independence period. The Indian judicial system is largely based on the English common law system (where law is developed by judges through their decisions, orders and judgments). It created a federal system; with a central government coupled with the state government. World library with a range of exclusive sources for Indian legal research, including laws, jurisprudence, commentaries, nude acts, books in print as well as online legal databases. This article was written by Tarini Kalra, BBA-LL.B. Student of Fairfield Institute of Management and Technology, affiliated with Guru Gobind Singh Indrapratha University, New Delhi. The article examines in detail an overview of the Indian legal system. Smritis defined the commitments, practices and teachings of religion that an individual should practice in society.
“Dharmashastra” is a Smriti and one of the original legal texts written in Sanskrit, which contains information such as the principles of the law, the duties of the king, the nature of evidence and witnesses. The king commanded and was advised by his ministers. The legal procedure was Vyavahāra under Hindu law. The stages of the legal proceedings were: complaint, response, hearing and decision. Manusmriti (200 BC – 200 AD), Yajnavalkya Smriti (200 – 500 AD), Naradasmriti (100 BC – 400 AD), Vishnu Smriti (700 – 1000 AD). A.D.) Chr.), Brhaspatismriti (200 – 400 AD) and Katyayanasmriti (300 – 600 AD) are some of the main smritis of the Dharmashastra texts that have been used as precedents. “Manusmriti” is the old set of rules that binds a person through certain responsibilities and obligations. The framework of the judicial system was built throughout the era of dynasties to solve various civil and criminal problems. With the advent of the British Raj, there was a break in tradition, and Hindu and Islamic law was abolished in favour of British common law. [13] As a result, the country`s current legal system derives largely from the British system and has few, if any, ties to pre-British Indian legal institutions. [14] The Indian Constitution of 1950 is the most important law dealing with the framework of codes, procedures, fundamental rights and duties of citizens and powers, and the duties of government.
Indian laws are interconnected and form a hybrid legal system. The classification of laws in the Indian judicial system: 3) The legal system in India during the British period: For more than 200 years of the British period in India, they applied English law, which was extended to India, but in personal affairs, they applied customary law. Even different personal status laws govern family law, especially Hindu and Muslim laws in the modern Indian legal system. Indian legal history dates back to King George I who issued a charter in 1726 to change the judicial administration of Bombay, Calcutta and Madras by introducing the Privy Council in England. The Privy Council (1726-1949) exercised jurisdiction over 2500 judgments and established the fundamental legal principles for the conduct of Indian courts. The British government established three supreme courts of justice at Fort William in Calcutta; Madras; and Bombay, which were abolished by the Indian High Court Act of 1861 to modernize the existing judicial system and also established Sadar Diwani Adalats (a Supreme Court of Revenue) in presidential cities. The British authorities opened the 1st Constitutional Court of the Federal Court of India in Delhi on 1 October 1937 for all origin, appellate and advisory courts and were replaced by the Supreme Court of India on 26 January 1950. This research guide is prepared by library staff and aims to identify useful sources of information on the Indian legal system.
This guide lists the sources available in print and electronic form in the JGU library and elsewhere, and also contains important links to useful, free and freely accessible web resources. With the rapid development of the country, there is an urgent need to reform the judicial system as well. There is a legal maxim that says that delayed justice is a denial of justice. This is the basis of the right to a speedy trial and equal treatment with the aim of improving the legal system, as the injured party who has suffered the injury hopes for a speedy and effective resolution of the dispute. Legal issues are resolved too slowly, either because the cases are too complex, or because the existing system is too complex, or because several cases are overloaded. Reforms should aim at significantly improving the administrative functions of the judiciary. In order to increase the productivity of the judiciary, the Centre recommended measures such as increasing the number of working days for courts, establishing summary courts and establishing Indian Court and Courts Services (ICT).
