HISTORY OF LAW
The
Constitution of India, which came into effect on 26 January 1950. its
administrative provisions are to a large extent based on the Government of
India Act 1935; it also contains various other provisions that were drawn from
other constitutions in the world at the time of its creation
The law of
India refers to the system of law across the Indian nation. India maintains a
hybrid legal system with civil, common law and customary, Islamic ethics, or
religious law within the legal framework inherited from the colonial era and
various legislation first introduced by the British are still in effect in
modified forms today. Indian laws also adhere to the United Nations guidelines
on human rights law and the environmental law.
Contract law
The main
contract law in India is codified in the Indian Contract Act, which came into
effect on 1 September 1872 and extends to all India. It governs entrance into
contract, and effects of breach of contract. Indian Contract law is popularly known
as mercantile law of India. Originally Indian Sales of Goods Act and
Partnership Act were part of Indian Contract act, but due to needed amendment
these acts were separated from Contract Act. The Contract act occupies the most
important place in legal agreements in India.
Labour
law
Indian labour
law are among the most comprehensive in the world. They have been criticised by
the World Bank,[26][27] primarily on the grounds of the inflexibility that
results from government needing to approve dismissals. In practice, there is a
large informal sector of workers, between 80 or 90 per cent of the labour
force, to whom labour rights are not actually available and laws are not
enforced.
Company
law
The current
Indian company law was updated and recodified in the Companies Act 2013.
Tort law
The development
of constitutional tort law in India began in the early 1980s.
It influenced
the direction tort law in India took during the 1990s.
In recognising
state liability, constitutional tort deviates from established norms in tort
law.
This covers
custodial deaths, police atrocities, encounter killings, illegal detention and
disappearances.
Law commission
of India's first report was relating to the Liability of the State in Tort.
This report was
submitted by the Law commission of India on 11 May 1956.
State owes
tortious Liability under Article 300 of Indian Constitution.
Property
law
Main article:
Indian property law
Further
information: The Transfer of Property Act 1882
Tax law
Indian tax law
involves several different taxes levied by different governments.
Income Tax is
levied by the Central Government under the Income Tax Act 1961.
Customs and
excise duties are also levied by the Central government. Sales tax is levied
under VAT legislation at the state level.
The authority
to levy a tax is derived from the Constitution of India which allocates the
power to levy various taxes between the Centre and the State.
An important
restriction on this power is Article 265 of the Constitution which states that
"No tax shall be levied or collected except by the authority of law.
Therefore, each
tax levied or collected has to be backed by an accompanying law, passed either
by the Parliament or the State Legislature.
Income
Tax Act of 1961
The major tax
enactment is the Income Tax Act of 1961 passed by the Parliament, which
establishes and governs the taxation of the incomes of individuals and
corporations.
This Act imposes a tax on income under the
following five heads:
Income from
house and property,
Income from business
and profession,
Income from
salaries,
Income in the
form of Capital gains,
Income from
other sources
Goods and
Services Tax
Goods and
Services Tax (India) is a comprehensive indirect tax on manufacture, sale and
consumption of goods and services throughout India to replace taxes levied by
the
central and
state governments.
Trust law
Trust law in
India is mainly codified in the Indian Trusts Act of 1882, which came into
force on 1 March 1882.
Indian law
follows principles of English law in most areas of law, but the law of trusts
is a notable exception.
Indian law does
not recognize "double ownership", and a beneficiary of trust property
is not the equitable owner of the property in Indian law.
Family laws in
India are different when Warren Hastings in 1772 created provisions prescribing
Hindu law for Hindus and Islamic law for Muslims,
for litigation
relating to personal matters.[38] However, after independence,
efforts have
been made to modernise various aspects of personal law and bring about
uniformity among various religions.
Recent reform
has affected custody and guardianship laws, adoption laws, succession laws, and
laws concerning domestic violence and child marriage.
Hindu Law
As far as Hindus are concerned Hindu Law is a specific branch of law.
Though the
attempt made by the first parliament after independence did not succeed in
bringing forth a Hindu Code comprising the entire field of Hindu family law,
laws could be
enacted touching upon all major areas that affect family life among Hindus in
India. Jains, Sikhs and Buddhists are also covered by Hindu law.
Muslim law
Indian Muslims'
personal laws are based upon the Sharia, which is thus partially applied in
India, and laws and legal judgements adapting and adjusting Sharia for Indian
society.
The portion of
the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law.
Despite being
largely uncodified, Mohammedan law has the same legal status as other codified
statutes.
The development
of the law is largely on the basis of judicial precedent, which in recent times
has been subject to review by the courts.
The concept of
the judicial precedent and of 'review by the courts' is a key component of the
British common law upon which Indian law is based.
The contribution of Justice V.R. Krishna Iyer
in the matter of interpretation of the statutory as well as personal law is
significant.
Sunni
Law:
Quran:
·
Sunna
or Ahdis (Tradition of the Prophet)
·
Ijma
(Unanimous Decision of the Jurists)
·
Qiyas
(Analogical deduction)
As per Shia
Law:
Usooli Shia:
·
Quran
·
Tradition
(only those that have come from the family of the Prophet)
·
Ijma
(only those confirmed by Imams)
Reasons
Akhbari
Shia:
·
Tradition
(only those that have come from the family of the Prophet)
·
Polygamy
and triple talaq has been abolished in Islamic countries.
Christian
Law: a distinct branch
of law known as Christian Law, mostly based on specific statutes, applies.
Parsi law: The Parsi law is the law governing the
Parsi Zoroastrian community
Nationality law: Nationality law or citizenship law is
mainly codified in the constitution of India and the Citizenship Act of 1955.