India 2018 : A Reference Annual by Publication Division

Author:Publication Division
Language: eng
Format: epub
Publisher: Publication Division
Published: 2017-01-13T00:00:00+00:00

20 Law and Justice

MINISTRY of Law and Justice is the oldest limb of the Government of India dating back to 1833 when the Charter Act,1833 was enacted by the British Parliament. The said Act vested for the first time legislative power in a single authority, namely the Governor General of Council. By virtue of this authority and the authority vested under him under section 22 of the Indian Councils Act, 1861 the Governor General in Council enacted laws for the country from 1834 to 1920. After the commencement of the Government of India Act, 1919 the legislative power was exercised by the Indian Legislature constituted there under. The Government of India Act, 1919 was followed by the Government of India Act, 1935. With the passing of the Indian Independence Act, 1947 India became a Dominion and the Dominion Legislature made laws from 1947 to 1949 under the provisions of section 100 of the Government of India Act, 1935 as adapted by the India (Provisional Constitution) Order, 1947. Under the Constitution of India which came into force on the January 26, 1950 the legislative power is vested in Parliament.

Ministry of Law and Justice comprises the three Departments namely the Department of Legal Affairs, the Legislative Department and the Department of Justice. The Department of Legal affairs is assigned legal functions including the interpretation of the Constitution and Laws, litigation, legal profession, law reforms, treaties and agreements with foreign countries in the matters of the civil law, legal services including Indian Legal Service, etc. The legislative Department is concerned with the drafting of the principal legislation for the central government. The Department of Justice is concerned with the appointment, resignation and the removal of the Chief Justice of India, the judges of the Supreme Court/High Courts etc.

Indian Legal System

The Indian Legal System comprises four components namely the basic values and principles enshrined in the Constitution; rights and obligations conferred by ordinary statues; Organizational set up to enforce these rights and obligations within the Constitutional norms and lastly legal and the judicial personnel. India being a democratic country and there being a representative democracy there is a chain of accountability towards sovereign which lies amongst the people.

Sources of Law

The main sources of law in India are the Constitution, statutes (legislation), customary law and case law. Statutes are enacted by Parliament, state legislatures and union territory legislatures. Besides, there is a vast body of laws known as subordinate legislation in the form of rules, regulations as well as bye-laws made by central/state governments and local authorities like municipal corporations, municipalities, gram panchayats and other local bodies. This subordinate legislation is made under the authority conferred or delegated either by Parliament or state or union territory legislatures concerned. Judicial decisions of superior courts like Supreme Court and High Courts are important sources of law. Decisions of the Supreme Court are binding on all courts within the territory of India. Local customs and conventions which are not against statute, morality, etc., are also recognised and taken into account by courts while administering justice in certain spheres.

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