The main source of law in India is its Constitution. Statutes, cases and custom followed in a province also influence how the law is being acted out. Foreign laws have either been received into the Indian legal system as is or in a modified version.
Evolution of law in India
Prior to British colonization in
the 18th century, India was ruled by Hindu Kings and Mughal
Emperors. India was divided into kingdoms and provinces. Since
majority of Indians were and are Hindu, the Hindu law was followed.
The extensive textual corpus of 'Dharmasastra' was the guiding
factor for drafting the laws.
Ruled by Kings or Maharajahs, the law during ancient times adorned a religious framework. The society was divided into a four stage Caste System. The origin of modern Panchayat in villages can be traced back to this time period. Caste system was very prevalent in deciding issues during this period.
When the Mughal Emperors held office during the medieval period, the Muslim "Shariyat" law also began to be followed along with Hindu law. The Emperor was the fountainhead of justice. There were no significant differences between the two regimes except that Mughal era saw enactment of both Hindu and Muslim laws. The medieval period saw the introduction of a lower level district administration in districts and provinces
During their long period of colonization, they practiced their common law, the "English Common Law". However the already prevalent Hindu and Muslim Laws were also taken into consideration, keeping in mind the religious sentiments associated with the general public. In the year 1864, India formally came under the British administration and the prevalent Hindu Law was transformed into Anglo Hindu law. The Anglo Hindu Law was followed by a series of Parliamentary Acts that gave a facelift to the law in India. These Acts covered most of the areas that should be under law, like civil rights, fundamental rights, right to property, criminal laws et al.
Indian Independence
India's independence paved the way for the current Constitution of India. The process of drafting the Indian Constitution started even before India's independence materialized. Almost 3 years after Indian independence, the Constitution was brought into action in 26th January 1950. A sizeable portion of Hindu Law forms part of the Constitution of India along with inferences from European countries (mainly UK for obvious reasons). The current legal scene in India is open to amendments to suit the changing demands of circumstances and events.
The study of law in India is thus an enriching journey through ancient textual excerpts to trace the background to the current face of modern legal system.
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