In ancient India, Naman was considered the source of justice to act as Lord of the Dharma and was entrusted with the highest authority in the administration of justice, and his most important duty was to protect the rights of his subject. The royal court was the highest court, next to it came the court of the Chief Justice (Pradvivaka). The King`s Court was the highest court of appeal, as well as an original court in cases of vital importance to the state. At the royal court, the king was advised by educated people such as learned Brahmins, ministers, the chief justice, etc. As mentioned by Brihaspati, there were four types of courts, namely fixed and mobile courts, held in the absence of the king under the royal seal, and commissions held under the king`s presidency. So there was a hierarchy of courts. In the villages, village councils (kulani) dealt with simple civil and criminal matters. At a higher level in cities and districts, courts were run by government officials under the authority of the king to administer justice. In order to resolve problems between members of the artisan class, merchants, etc., commercial guilds were empowered to exercise effective jurisdiction over their members. Family courts have also been established. Puga gatherings, consisting of groups of families in the same village, settled civil conflicts between family members. Minor criminal cases were dealt with by court meetings in villages, while serious criminal cases were brought before the central court, which was usually under the authority of the king or king.
The appellate system was practiced and the king was the highest court of appeal. An essential feature of the ancient Indian legal system was the lack of lawyers. [6] Another notable feature was that a bank was always preferred by two or more judges to administer justice, rather than one person being the sole legal administrator. [7] Family law in India was different when Warren Hastings created provisions in 1772 prescribing Hindu law for Hindus and Islamic law for Muslims for personal disputes. [38] After independence, however, efforts were made to modernize various aspects of personal law and to achieve unification among different religions. Recent reform has impacted custody and guardianship laws, adoption laws, inheritance laws, and domestic violence and child marriage laws. Introduction The first question that arises when you consider the legal system in mind is: What is law? In general, a rule of being or conduct established by an authority capable of enforcing its will; a control system; the manner or order in which an agent or power acts. It maintains order and discipline in society and regulates anti-social behaviour and activities. As such, two types of legal systems, which I will explore, work around the world to elaborate citizens` rights and responsibilities in a variety of ways. This is “customary law and law”. My research focuses on distinguishing between the authority and relevance of legislation and common law.
It is an in-depth research topic, but I am researching the history and development of common law and legislation in India. India`s legal system is based on both legislation and common law. Legislation is also called written law, while common law is sometimes referred to as jurisprudence. Legislation and common law are two very different legal systems. But in the current scenario, the convergence of the two can be easily seen and felt, as India has both in its system. Common law, also known as jurisprudence, is a law developed by judges through decisions of similar courts and tribunals. A “common law system” is a legal system that sets a great precedent for the common law, based on the principle that it is unfair to treat similar issues differently on different occasions. The precedent is called the common law and binds future decisions. If a similar dispute has been resolved in the past, the court is required to follow the reasoning of the previous decision.
The principle by which this is followed is called stare decisis. On the other hand, legislation is a relatively new concept in the judicial system, and these laws are enacted by the legislator. A legislature is a type of consultative assembly with the power to pass, amend, and repeal laws. It emerged during the establishment of a democratic government. The reason for its development in a certain type of government is that its application is possible in the presence of a governmental body and we know very well that the organ of government is a primary characteristic of a democratic State. Laws are also called statutory laws and can be made by national, state, or local legislators. Legislation: Indian Legal System Legislation, also known as Legal Law, is the basic structure of India`s current legal system. Legal laws are based on laws enacted and imposed by the legislature. A law is a formal act of the legislator in written form.
It explains the will of the legislator. It may be a statement of law, or a commandment that must be obeyed, or a prohibition prohibiting a particular conduct or act. At best, legislation is not a battle between ideological adversaries, but a sincere search for the best rules for our society. A conscious legislator could easily understand that it cannot foresee all future developments affected by its law and might therefore wish to give a trustworthy judicial officer the discretion to adapt his orders to the circumstances of the jurisprudence.