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The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.
Indian law refers to the system of law which operates in India. It is largely based on English common law because of the long period of British colonial influence during the British Raj period. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesised to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.
Indian civil law is complex, with each religion having its own specific laws which they adhere to. In most states, registering of marriages and divorces is not compulsory. There are separate laws governing Hindus, Muslims, Christians, Sikhs and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption.
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Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.Glenn, Legal Traditions of the World, 255 Manu\'s central philosophy was tolerance and pluralism, and was cited across Southeast Asia.Glenn, Legal Traditions of the World, 276Before the Islamic conquest India never became a really centralised political entity but indulged in widespread decentralisation. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty lam, of customary law embodied in religious charters, in exchange of embassies of a temporary or semipermanent character.Viswanatha, S.T., International Law in Ancient India, 1925
Early in this period, which finally culminated in the creation of the Mauryan and Gupta Empire, relations with ancient Greece and Rome were not infrequent. Alexander the Great left traces of his genius on Indian soil and exported cultural and material values from it to the West. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition.Alexander, C.H., International Law in India, The International and Comparative Law Quarterly, Vol. 1, No. 3. (Jul., 1952), pp. 289-300, ISSN 00205893.
These Hindu traditions, along with Islamic law, was supplanted by the common law when India became part of the British Empire.Glenn, Legal Traditions of the World, 273
Each state has the freedom to drafts it own laws on subjects which are considered state subjects. Laws passed by Parliament of India and other pre-existing central laws on subjects which are considered central subjects are binding on all citizens of each state. Each state has its own laws for taxation rates.
Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.
Capital punishment in India is legal but rarely used. The last execution was conducted in 2004, when Dhananjoy Chatterjee was hanged for the rape and murder of a 14-year old girl. Homosexuality in India is criminal under a Victorian-era criminal statute which is currently facing a constitutional challenge at the Delhi High Court.
The main contract law in India is codified in the Indian Contract Act which came into effect on September 1, 1872 and extends to whole of India except the state of Jammu and Kashmir. It governs entering into contract, execution of contract, and the effects of breach of contract.
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Development of constitutional tort began in India in the early 1980s.Dr. Usha Ramachandran. Tort Law in India. It influenced the direction tort law in India took during the 1990s. In recognizing state liability, constitutional tort deviates from established norms in tort law. This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances.
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Trust law in India is mainly codified in the Indian Trusts Act of 1882 which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands.
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Family laws in India are different for different religions and there is no uniform civil code. After independence, some efforts were made to modernise Indian family law, the most recent being the Domestic Violence Act (2005). It is significant because for the first time the term ‘domestic violence’ has been widened in meaning and scope from the culture specific restriction of ‘dowry deaths’ and penal provisions to positive civil rights of protection and injunction. Some other areas in which reform has occurred recently are custody laws, guardianship laws, adoption laws, etc.
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Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, the Parliament of India passed on January 7, 2004, a law creating a new form of very limited dual nationality called overseas citizenship of India. Overseas citizens of India will not enjoy any form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.
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India has a multitude of law enforcement agencies. All agencies are part of the Internal Affairs Ministry (Home Ministry). At the very basic level is the local police which is under state jurisdiction.
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