Sources of Indian Law
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Questions and Answers

What is the primary source of law in India?

  • The Constitution (correct)
  • Laws made by local governments
  • Customs and usages
  • Judicial decisions of various courts

What role does Parliament play in Indian law-making?

  • It only reviews laws passed by State Assemblies
  • It is the ultimate law-making body (correct)
  • It only makes laws for local governments
  • It issues regulations without legislative approval

Which act is known as the precursor to the Constitution of India?

  • The Constitution Act, 1950
  • The Government of India Act, 1919
  • The Indian Independence Act, 1947
  • The Government of India Act, 1935 (correct)

What system does the Indian Constitution implement regarding law-making powers?

<p>Distribution of powers between Central and State Governments (A)</p> Signup and view all the answers

What are the three lists outlined in the Indian Constitution for law-making?

<p>Central List, State List, Joint List (A)</p> Signup and view all the answers

What type of jurisdiction did the Federal Court established in 1937 have?

<p>Appellate, original, and advisory jurisdictions (D)</p> Signup and view all the answers

What is a Central subject under the Indian Constitution?

<p>Income Tax (A)</p> Signup and view all the answers

What does the Indian Constitution provide for regarding the rights of citizens?

<p>Fundamental rights and duties (A)</p> Signup and view all the answers

Explain the significance of the Constitution in the law-making process in India.

<p>The Constitution serves as the supreme law and foundation for all other laws in India, establishing the framework for governance and protecting citizens' rights.</p> Signup and view all the answers

What are the key responsibilities of the Indian Parliament concerning laws?

<p>The Indian Parliament is responsible for making laws that apply either throughout the country or in specific states, representing the will of the people.</p> Signup and view all the answers

How do statutes created by State Assemblies differ from those passed by Parliament?

<p>Statutes created by State Assemblies apply only within the borders of the respective states, while laws passed by Parliament can be applicable nationwide.</p> Signup and view all the answers

What was the primary function of the Federal Court established in 1937?

<p>The Federal Court's primary function was to hear cases under its appellate, original, and advisory jurisdictions, handling civil and criminal matters.</p> Signup and view all the answers

Discuss the significance of the three lists in the Indian Constitution.

<p>The three lists (Central List, State List, Joint List) define the distribution of legislative powers between the Central and State Governments, determining the subjects on which each can legislate.</p> Signup and view all the answers

What role did the Government of India Act, 1935 play in shaping the Indian Constitution?

<p>The Government of India Act, 1935 served as a precursor to the Indian Constitution by defining federal characteristics and establishing the distribution of powers between the Centre and States.</p> Signup and view all the answers

How do judicial precedents influence the law in India?

<p>Judicial precedents, or the decisions made by courts, serve as authoritative guidelines for future cases, ensuring consistency and interpretation of laws.</p> Signup and view all the answers

What is meant by the term 'hybrid legal system' in the context of Indian law?

<p>A hybrid legal system in India refers to the integration of various sources of law, including the Constitution, statutes, precedents, and customs.</p> Signup and view all the answers

Flashcards

Constitution of India

The highest law of India, outlining the framework for the democratic system, fundamental rights, and the powers of the government.

Parliamentary Laws

Laws made by the Parliament of India, applying to the whole country or parts of it.

State Laws

Laws made by the legislative bodies of individual Indian states, applying only within their respective boundaries.

Federal System

The division of law-making powers between the central government and individual state governments, as outlined in the Constitution.

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Judicial Precedents

Legal precedents established by decisions of higher courts, serving as authoritative guidelines for future cases with similar issues.

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Customary Law

Practices and traditions that have become legally recognized and accepted over a long period of time.

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Central List

A list of subjects for which the central government can make laws.

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State List

A list of subjects for which individual state governments can make laws.

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Federal System in India

The division of law-making powers between the central government (Parliament) and the individual state governments (Legislative Assemblies).

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Central List (India)

A list of subjects for which the central government (Parliament) has the authority to make laws.

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State List (India)

A list of subjects for which individual state governments (Legislative Assemblies) have the authority to make laws.

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Study Notes

Sources of Indian Law

  • India's legal system is a hybrid, drawing from the Constitution, statutes (laws of Parliament and State Assemblies), judicial precedents (decisions of various courts), and, in some cases, customs and usages.
  • India is a parliamentary democracy; laws originate from elected representatives in Parliament and State Assemblies.
  • Parliament is the supreme law-making body, with nationwide applicability to laws or regionally specific application, whereas state legislatures create laws valid only within their state borders.

Historical Context

  • The Government of India Act, 1935 (passed by the UK Parliament), transitioned India's governance from unitary to federal.
  • This act distributed powers between Central and State governments to prevent conflicts.
  • The Federal Court, established in 1937 (with appellate, original, and advisory jurisdictions), handled civil and criminal appeals and advised the Governor-General.
  • Operating for 12 years, approximately 151 cases were heard in the Federal Court.
  • The Federal Court was replaced by India's Supreme Court.

Constitution of India

  • The 1950 Constitution of India is the foundational law for the nation's democratic system, outlining the legal framework and citizen rights/duties.
  • It defines Central and State government powers and protects Fundamental Rights and describes Fundamental Duties.
  • Indian law is rooted in the Constitution, with interconnectedness between laws at different levels and across different sectors of government.

Legislative Lists

  • The Indian Constitution divides law-making responsibilities into three lists: Central List, State List, and Concurrent List.
  • The placement of a subject on a particular list (Central, State, or Concurrent) determines whether it is subject to Central or State law.
  • Examples include: income tax (Central List and administered by the Ministry of Finance), stamp duty (Concurrent List). Both Central and State Governments can create laws related to stamp duty.

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Explore the foundational elements of India's legal system, including the Constitution, statutes, judicial precedents, and customs. Understand how the parliamentary democracy shapes law-making at both the national and state levels, alongside the historical context provided by the Government of India Act, 1935.

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