Truth alone triumphs..

Understanding the

Indian
Legal
System.
Presented by :
Bharat Chugh (DJS) & Sumeet Anand (DJS)
Officers - Delhi Judicial Services
Under the aegis of
The Delhi Judicial Academy

History of Indian Legal System

Connecting the dots backwards

Journey from divine law to

legislation

Doctrine of Dharma: the path of

righteousness.
Manusmriti the most ancient
law.
Rajadharma & Arthashastra:
be you ever so high, the law is
above you

Birds eye view of Indian

Legal System.

Constitution as the fountain

head of the legal system
Hybrid legal system : With
predominance to common law
tradition.
Largely
codified/written
Laws
A welfare State acting as
Parens Patriae

Sources of Law
The Constitution
Legislation
Ordinary Legislation
Delegated Legislation
Ordinance
Judicial Precedent.
Customs
All tempered with Justice, Equity, &
Good Conscience.

Governance Model
The
Constitution
of India

Legislature

Executive

Judiciary

Competitive federal system Co-operative

Federal system with a strong centre and in-built
checks and balances.
(Horizontal Federalism Seperation of powers
amongst three organs of the government)
All the three organs work at Centre as well as
State Levels. (Vertical Federalism)

The Constitution of India

Came into force on 26th January 1950
It is the Longest Written Constitution in
the world 22 parts-395 Articles
and 12 schedules.
Amazing blend of Rigidity &
Flexibility.
The Fundamental Law of the
Country.
It lays down our basic governance
model.
Guarantees & enjoins fundamental

The Hallmarks of Our

Constitution

India to be a Sovereign Socialist

Secular Democratic Republic.
Guarantees to all its citizens :
Justice social, economic and
political;
Liberty of thought, expression,
faith, belief and worship.
Equality
of
status
and
opportunity;
Promoting Fraternity assuring the

The Fundamental Rights

Right to equality:
Rule of law
Protective Discrimination
Right to freedom: Cluster of
various significant rights
Right to life and personal
liberty
Right against exploitation
Religious Rights
Minority rights

Directive Principles of
State
Policy
Future Fundamental Rights.

Broad obligations of a welfare state

Non justiciable on the part of
Individual.
Fundamental in the governance of
the state & making of laws.
To be harmoniously construed as
supplemental to fundamental rights
Eg : Uniform Civil Code/Providing
adequate means of livelihood to all

Legislation
The Parliament (Central Legislature)
basic law making body for the Union.
The Vidhan Sabhas (State Legislature)
makes law for states.
Sch.7 of the Constitution provides a list
of subjects on which the centre and the
state can make laws.
Residuary Powers with the Centre.
In
some
contingencies
parliament
enacts for state.

Body of
Indian
Law
Criminal
Law
Indian
Penal
Code
Special &
Local
Laws

Civil Law
Property
Law

Family
Law

Commerc
ial Laws

Law of
Tort

Criminal Law in Motion.

Indian Penal Code is the backbone of Penal
Law of India.
Criminal Process governed by Code of
Criminal Procedure, 1973.
Adversarial mode of justice dispensation
with trappings of inquisitorial system.
Presumption of innocence in favour of
accused until proven guilty beyond all
reasonable doubt.
Guarantee of Fair & Speedy Trial/Right to
Legal Aid.
No Jury Trial since 1960.

Civil Law in motion

Premised on the maxim

ubi
jus
ibi
remedium.
Process governed by The
Civil
Procedure
Code
(C.P.C.), 1908.
Standard
of
Proof

Customs & Personal

Laws
Traditionally each religion governed

by
own personal laws in matters relating to
marriage/divorce/succession/adoption/guar
dianship.
We also have special legislations for
people belonging to different faiths. Eg :
Hindu Marriage Act/Indian Divorce Act
etc.
Secular Law in the shape of Special
Marriage
Act
governing
civil/court
marriages. Goa also has a common civil
code.

Other pro-active
legislations..

Labour Laws, eg : Minimum

Wages Act, Maternity Benefits
Act, Pension Act etc.
Domestic
Violence
Act,
Prevention of Sexual Offences
against
Children
Act,
Maintenance of Senior Citizens
Act.
Right to Information Act.
Food Safety and Standard Acts.

Hierarchy of Courts
National

State

District

Supreme Court of
India
High Courts
District
Courts

Sessions
Courts

Civil
Judges

Judicial
Magistrat
es

Tribuna
ls

Panchaya
ts
Village

The Supreme Court

It came into being on 28th of
January, 1950.
Functions through 30 Judges,
headed by the Chief Justice of
India.
Final interpreter of the
Constitution and other

Supreme Courts
Jurisdiction
1. Original Jurisdiction

Disputes between states/centre inter-se

Writ Jurisdiction (on violation
of
Fundamental Rights)
Public Interest Litigation.
2. Appellate Jurisdiction.
* Regular Appeals from High Court
decisions.
* Special Leave Petitions.
3. Power to review its own judgment power
to review the judgment passed in a review
(curative )

The High Courts

Functions with the Chief Justice
at the head and other Judges of
the High Court.
It exercises jurisdiction over the
entire state for which it is
constituted.
Superintendence over all the
courts and tribunals throughout
the state.
There are common high courts

High Courts Jurisdiction

1. Original Jurisdiction
Company matters.
Civil cases of particular monetary
amount.
Writ Jurisdiction.
Public Interest Litigation.
2. Appellate Jurisdiction.
* Regular Appeals in civil and criminal
matters from the decisions of the
District Courts.

Writs

Special orders issued in cases involving the

violation of Fundamental Rights.
Types of Writs:
Writ of mandamus: direction to do a
particular act
Writ
of
prohibition,
Writ
of
certiorari:
To
prevent
excess
of
jurisdiction by judicial authorities.
Writ of quo warranto: calling upon a
person holding a government post to
show his capacity to hold it.
Writ of habeas corpus: directing a
government functionality or an individual

Judicial Activism.
1. Guarding Judges appointments from
executive to ensure independence.
2. Guardian of the weak & vulnerable:
Protection of Women from harassment
at workplace.
Principle of Reservation upheld.
Ensuring Health, food and education to
the children
3. Safeguarding the soul of the
constitution, the doctrine of basic
structure

The Subordinate Courts @

District Judiciary
Court of first & last instance for
most.
The court of fact. They dispense
Justice at the door step.
Bound by the decisions of Supreme
Court & High Courts.
Civil Judges/District Judges for Civil
Cases upto a specific pecuniary limit.
Judicial Magistrates/Sessions Judges

Special Courts for Better

Justice
Special
courts !
to deal with offences against women
known as Mahila Courts.
Family
Courts
for
disputes
relating
to
Marriage/Divorce/Guardianship.
Fast Track Courts to deal with sexual offences
against women.
Special courts for Poor and Juvenile.
Special courts for socio economic offences such
Corruption, Food Adulteration & Cheque Bounce
cases.
Tribunalization, for instance Tax Tribunal, Green
Tribunal, Electricity Tribunals, Labour Tribunal.
Lok Adalats
Evening Courts

Nyaya Panchayat
Traditionally known as Palm Tree
Justice.
Dispute resolution by village elderly
has existed since times immemorial
at the village level.
Conferment of special status by the
constitution.
Adjudicating petty criminal and civil
disputes.

The latest in Indian Law !

Improvised Court/Case & Docket
Management.
Alternative dispute resolution
Arbitration mediation conciliation
Plea Bargaining
Legal Aid
Increased insistence on reformation &
Rehabilitation in sentencing.
Computerisation of Courts
E Courts

Challenges
Overburdening of Courts.
Shortage of manpower
Shortage of infrastructure

Delay in disposal.
Frivolous adjournments
Non-appearance of parties

CONCLUSION
From an artifice of the
colonial masters, the Indian
legal system has evolved
as an essential ingredient
of the worlds largest
democracy and a crucial
front in the battle to
secure
constitutional
rights for every citizen.

THANK YOU