Understanding Laws of India

A person is a social human being living in the group, called society. He has to do various activities for his livelihood. Some activities are good or some are bad. In other words, some are beneficial for the society and some are harmful to the society. To regulate the activities of human behavior a group of set activities is introduced by regulatory authorities so that no one could harm the other one, this set of rules is called Law. Let us take a look at the meaning of the law and a brief introduction to Indian Law.

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Meaning of Law

In the real world, the law is an amorphous set of rules govern individuals and group behavior. We don’t even know about many of these rules or we understand them only generally. For example, you don’t need to see a written law to know that it’s a crime to steal or destroy someone else property.

In other words, the law is a system of rules that are created and enforced through the social or governmental institution to regulate behavior. Stamp that regulates and ensure that individuals or community support to the will of the state.

History of Law

The history of law is closely linked to the term civilization. Ancient Egyptian law (in 3000 BC) contained a Civil Code that was probably broken into 12 books, based on the concept of Maat (refers to the concept of truth, balance, harmony law, morality and Justice). it is the goddess showing these concepts and regulated the stars, seasons and actions of mortals.

By the 22nd century, ancient Sumerian ruler Ur- Mammy had formulated the first law code including casuistic statements (“if…… then”). Around 1760 BC, King Hammurabi new law Babylonian law by codifying and describing it in the stone in the form of Stelae. It was further discovered in 19th century by British just and translated into various languages including English, Italian, German and French.

Law is symbolized by goddess Mart a lady justice who wears a sword symbolizing the coercive power of Tribunal scales ping an objective standard by which competing claims are weighed fold indicating that justice should be impartial without and regardless of money, wealth, power and identity. This is a basic principle in Indian Law

Types of law

There are four types of law that we have in our legislative system.

1. Criminal law

This is the kind of love that the police enforce. Murder, assault, robbery, and rape are examples of it. An offense which is seen as being against everybody even though it does not come under the Criminal law.

For example, if a car is stolen then the theft is against the individual, but it threatens all car owners because they might have stolen their car. Because the view is taken that everybody is threatened by the crime this law is dealt with the public services and not by private investigators.

2. Civil law

Different areas such as a right to an education or to A trade union membership and divorce problems furniture is a split between the couple and who receives custody of the children. The best way to describe civil law is that it looks at actions that are not the crime. But the individuals to sort their own problems by going to court themselves or with a lawyer.

It is a section of law dealing with disputes between individuals and organizations. For example,  a car crash victims claims from the driver for loss or injury sustained in an accident or one company sue another over a trade dispute.

3. Common law

It is also known as Judicial precedent or judge-made law or case law. It is a body of law derived from the judicial decision of courts and similar tribunals. As the names describe it is common to all. Today one-third of world’s population lives in common law jurisdictions or in the systems.

It is defined as a body of legal rules that have been made by judges at the issue rolling on cases as opposed to rules and laws made by the legislature or in official statues. An example of common law is a rule that a judge made the people have a duty to read contracts.

Example of a common law marriage is when two people have lived together for 10 or more years. They have thus and legal rights to share their assets because of it.

4. Statutory law

It is termed used to define return loss usually enacted by a legislative body. It varies from regulatory or administrative laws common law or the law created by prior Court decisions. A bill is proposed in the legislature and voted upon.  For example, you are given a citation for violating the speed limit, you have broken a vehicle and traffic law.

Indian Law

It refers to the system of law in modern India. India maintains a hybrid legal system including all above described four laws within legal Framework inherited from the colonial era and various legislations firstly introduced by British. The constitution of India is the longest written constitution for a century. It contains450 articles, 12 schedules 101 amendment and 117,369 words. This makes the Indian Law system a very extensive one.

Indian law is fairly complex with its religion supporting to it is on specific laws. In most states resisting of marriages and divorce is not compulsory. Separate laws govern Hindus, Muslims, Christians and followers of other religions. This rule is in the state of Goa, where a Uniform Civil Code is in place in which or regions have a common law regarding marriage and divorce and adoption.

Meant for the last decade the Supreme Court of India banned the Islamic practice of triple Talaq. The landmark Supreme Court of India judgment was welcomed by women activist across India. As of January 2017, there were about 1248 laws. However, the best way to find an exact number of the central laws on a given date in India is from the official sources.

Solved Questions for You

Q: Which of the following is a religious law?

1. Sharia
2. Halakha
3. Canon law
4. All of the above

Ans: The correct option is “D”. Religious law refers to ethical and moral codes taught by religious traditions. Examples include Christian Canon law, Islamic Sharia, Jewish Halakha, and Hindu law.