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India Factfile - Legal System |
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| 1. |
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The legal system is based on English
common law. There is limited judicial review of legislative
acts. The legal system accepts compulsory ICJ jurisdiction, with reservations.
The main sources of law are the Constitution, statutes(legislation),
case law, and customary law. |
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| 2. |
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The Supreme
Court of India is the highest court in the land, followed
by the High Court of each State
or group of States and then Subordinate Courts.
States are divided into judicial districts, presided over by a district
and session judge. The judge constitutes the highest judicial authority
in the district. They are the court of original jurisdiction and can
try all offences. Then there are lower courts of criminal and civil
jurisdictions. |
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| 3. |
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Indian judicial system is a creation
of the Constitution of India, and absolutely independent
from executive/ government. All Central & State Governments and
their functionaries are duty bound to obey and implement the orders
of the Courts in India, and any non compliance of the orders of the
courts are taken very seriously, which may result in the contempt
of the court leading to fine and / or imprisonment. Besides coded
laws, India also follows the common law principles. The judgments
of the High Courts and Supreme Court of India, have the force of the
law of land. |
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