The criminal complaints are being filed against doctors alleging commission of offences punishable under Sec. This has given rise to a situation of great distrust and fear among the medical profession and a legal assurance, ensuring protection from unnecessary and arbitrary complaints, is the need of the hour. The liability of medical professionals must be clearly demarcated so that they can perform their benevolent duties without any fear of legal sword. At the same time, justice must be done to the victims of medical negligence and a punitive sting must be adopted in deserving cases.
This civilization, which continued for years and is known as Harappan culture, appears to have been the culmination of thousands of years of settlement. Few other countries have national identities with such a long and vibrant history.
The roots of the present day human institutions lie deeply buried in the past. The legal system of a country at any given time cannot be said to be creation of one man for one day; it represents the cumulative effect of the endeavour, experience, thoughtful planning and patient labour of a large number of people throughout generations.
The modern judicial system in India started to take shape with the control of the British in India during the 17th century. The British Empire continued tilland the present judicial system in India owes much to the judicial system developed during the time of the British.
The Vedas, regarded as divine revelation, were the supreme source of authority for all codes which contained what was then understood as law or dharma. The traditional records have governed and molded the life and evolution of the Hindu community from age to age.
These are supposed to have their source in the Rigveda. Justice was administered in ancient India according to the rules of civil and criminal law as provided in the Manusmriti.
There was a regular system of local courts from which an appeal lay to the superior court at the capital, and from there to the King in his own court. Arbitrators in three gradations existed below the local courts: An appeal lay from the first to the second, from the second to the third, and from the third to the local court.
Thus under this system there were no less than five appeals. Decision by arbitration, generally of five Pancheswas very common when other means of obtaining justice were not available.
The village headman was the judge and magistrate of the village community and also collected and transmitted the Government revenue. Legal System in India during the British Period India has one of the oldest legal systems in the world.
Its law and jurisprudence stretches back centuries, forming a living tradition which has grown and evolved with the lives of its diverse people. The history of the present judicial system may be traced back to the yearwhen a Charter was issued by King George I for bringing about important changes in the judicial administration of the Presidency Towns of Bombay, Calcutta and Madras.
The system of appeals from India to the Privy Council in England was introduced by this Charter in The role of the Privy Council has been a great unifying force and the instrument and embodiment of the rule of law in India.
Thus, the Act of transformed the Privy Council into a great imperial court of unimpeachable authority. The High Courts were established having civil, criminal, admiralty, vice-admiralty, testimony, intestate, and matrimonial jurisdiction, as well as original and appellate jurisdiction.
Provincial autonomy was established in India with the establishment of the Government of India Act,which introduced responsibility at the provincial level and sought the Union of British Indian Provinces with the rulers of Estate in a federation.
As a federal system depends largely upon a just and competent administration of the law between governments themselves, the Act provided for the establishment of the Federal Court, forerunner of the Supreme Court of India.
The Federal Court was the second highest Court in the judicial hierarchy in India. The Federal Court was the first Constitutional Court and also the first all-India Court of extensive jurisdiction, and it had Original Jurisdiction in matters where there was dispute between the provinces or federal States.
It was also the Appellate Court for the judgments, decrees, or final orders of the High Courts. Thus, the Federal Court of India had original, appellate and advisory jurisdiction. The doctrine of precedent in India also had its roots in Federal Court as the law declared by the Federal Court and Privy Council has been given binding affect on all the courts in British India.
Constitution of India The Indian Constitution is basically federal in form and is marked by the traditional characteristics of a federal system, namely Supremacy of the Constitution, division of power between the Union and State, and the existence of an independent judiciary in the Indian Constitution.
The three organs of the State — State, Legislature and Judiciary — have to function within their own spheres demarcated under the Constitution. In other words, the doctrine of Separation of Powers has been implicitly recognized by the Indian Constitution.
The basic structure of the Constitution is unchangeable and only such amendments to the Constitution are allowed which do not affect its basic structure or rob it of its essential character.
The Constitution of India recognizes certain basic fundamental rights for every citizen of India, such as the Right to Equality, the Right to Freedom, the Right against exploitation, the Right to Freedom of Religion, Cultural and Educational rights, and the Right to Constitutional Remedies.
Any infringement of fundamental rights can be challenged by any citizen of India in the court of law. The Constitution of India also prescribes some fundamental duties on every citizen in India. The Supreme Court, since its inception, was empowered with jurisdiction far greater than that of any comparable court anywhere in the world.
As a federal court, it has exclusive jurisdiction to determine disputes between the Union of India and any state and the states inter-se.
Under Article 32, it issue writs for enforcement of fundamental rights guaranteed under the Constitution of India.The main sources of law in India include the constitution, statutory laws, customary laws and case law.
See more at: GlobaLex: A Guide to India's Legal System and Legal Research by Rakesh Kumar Shrivastava (open access) Customary Law in India - information and resources relating to customary law in India from the Law Library of Congress (open access).
A Perfect Laws Portal for lawyers and Law Students of Gujarat. The Laws Provide the information about Acts,Judgements,Rules,Law News Etc in a Single Portal. Programs Aboriginal Alternative Secondary School Program (ASSP) Strengthening Hamilton Aboriginal Education (SHAE) is an alternative education program for Aboriginal students wishing to continue their education, in a culturally appropriate learning environment, but not currently attending a secondary school to shorten the gap of Aboriginal student’s dropout rates within the mainstream school.
Law of India refers to the system of law in modern torosgazete.com maintains a hybrid legal system with a mixture of civil, common law and customary 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.
Since the drafting of the Indian Constitution, Indian laws also adhere to. Prison Reforms In Indian Prison System: All men are born equal and are endowed by their creator with some basic rights. These rights are mainly right to life and liberty, but if any person doesn’t comply with ethics of the society then that person is deprived of these rights with proper punishment.
India became an independent democratic republic in and its constitution, which came into force on 26 th November , is the supreme law. India has a common law legal system whose infrastructure bears the influence of British colonial rule.