Saturday, June 19, 2010

Law of India - Wikipedia

Law of India - Wikipedia, the free encyclopedia

Law of India refers to the system of law which presently operates in India. It is largely based on English common law because of the long period of British colonial influenceduring the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislations first introduced by the British are still in effect in their modified forms today. During the drafting of the Indian Constitution, laws from Ireland, theUnited States, Britain, and France were all synthesized to get a refined set of Indian laws, as it currently stands. Indian laws also adhere to the United Nations guidelines onhuman rights law and the environmental law. Certaininternational trade laws, such as those on intellectual property, are also enforced in India.
Indian family law is complex, with each religion having its own specific laws which they adhere to. In most states, registering of marriages and divorces is not compulsory. There are separate laws governing Hindus, Muslims,Christians, Sikhs and followers of other religions. The exception to this rule is in the state of Goa, where aPortuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption.
There are 1221 laws as on May 2010

Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.[2] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.[3] Early in this period, which finally culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semipermanent character.[5] When India became part of the British Empire, there was a break in tradition, and Hindu and Islamic law were supplanted by the common law.[6] As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era


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