Law of India
The laws of India refer to the system of law across the Indian nation. India maintains a hybrid legal system within the civil, common law and customary, Islamic ethics, or legal framework inherited from the colonial era, and various laws introduced by the British for the first time are still effective in revised forms today. Since the drafting of the Indian Constitution, Indian laws have followed the UN guidelines on human rights law and environmental law.Indian personal law is quite complex, with each religion following its own specific laws. In most states, registration of marriage and divorce is not mandatory. Different laws govern Sikhs, Jains and Hindus including Buddhists, Muslims, Christians and followers of other religions. An exception to this rule is in the state of Goa, where a Uniform Civil Code is in force, which has uniform laws regarding marriage, divorce and adoption in all religions. In the first major reformist judgment of the past decade, the Supreme Court of India banned "triple talaq" (the Islamic practice of divorcing the husband by pronouncing the word "talaq" thrice). [1] The decision of the Supreme Court of India was welcomed by women activists across India.
As of January 2017, there were approximately 1,248 laws. However, since there are central laws as well as state laws, it is difficult to ascertain their exact number on a given date and the best way to find central legislation in India is from the official website.
History
Main article: History of Indian LawAncient India represented a distinct tradition of law, and was a historically independent school of legal theory and practice. Theology played an important role. 100 BC And Manusmriti, an economist associated with 100 AD, had influential texts in India, considered official legal guidance. [5] Manu's central philosophy was tolerance and pluralism, and was cited throughout Southeast Asia. [4]
At the beginning of this period, which developed into the creation of the Gupta Empire, relations with ancient Greece and Rome were not perishable. The presence of fundamental institutions similar to international law in different parts of the world shows that they are rooted in international society, regardless of culture and tradition. [institutions] Inter-state relations in pre-Islamic times cut clear rules of war to a higher human standard, in rules of neutrality, treaty law, customary law prevalent in religious charters, in lieu of temporary or quasi-embassies In. -Current Character. [.]
After the Muslim conquest of the Indian subcontinent, Islamic Sharia law spread with the establishment of the Delhi Sultanate, the Bengal Sultanate and the Gujarat Sultanate. [6] The Corps of Forty also played a major role by establishing some Turkish laws in India. [10]
In the 17th century, when the Mughal Empire became the world's largest economy, its sixth ruler, Aurangzeb, along with many Arab and Iraqi Islamic scholars, created the Fatwa-e-Alamgiri, the main governing body in most parts of South Asia. Used to act as [11] [12]
With the advent of the British Raj, the tradition came to a halt and Hindu and Islamic law was abolished in favor of British common law. [13] Consequently, the current judicial system of the country largely emanates from the British system and few, if any, belong to the Indian legal institutions of pre-British times. [14]
Constitutional and administrative law
Main article: Indian constitutional law
The Constitution of India, which came into force on 26 January 1950, is the longest written constitution in the world. [15] Although its administrative provisions are largely based on the Government of India Act 1935, it also includes several other provisions which were taken from other constitutions of the world at the time of its creation. [15] It provides details of the administration of both the Union and the States, and codifies the relationship between the federal government and state governments. [16] Included in the text is a chapter on the fundamental rights of citizens, as well as a chapter on the direct principles of state policy. [1 are]
The constitution sets out a federal structure of government, with a clearly defined separation of legislative and executive powers between the federation and the states. Each state government is at liberty to draft its own laws on subjects classified as subjects of the state. [19] Laws passed by the Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. However, the constitution also has some unitary features, such as only the vested power of amendment in the federal government, [20] absence of dual citizenship, [21] and the rights acquired by the federal government in times of emergency. [22]]
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