UPDATE: Guide to Indian Laws

Ramakrishnan Viraraghavan is a lawyer of over 30 years standing practising in Chennai (formerly Madras), South India. He specialises in corporate law and arbitration. He is dual qualified: an advocate in India and a barrister in England and Wales. He has a degree in commerce from the University of Madras, a degree in law from the University of Bangalore, and a Post Graduate Diploma in Alternative Dispute Resolution from the National Academy of Legal Studies and Research (NALSAR) University of Law, Hyderabad. He is currently studying LLM at the University of Edinburgh. He is a member of the Chartered Institute of Arbitrators, UK. He has published ‘Madras High Court Letters Patent, Appellate & Original Side Rules’ (LexisNexis, 2015) and Guide to Memorandum, Articles and Incorporation of Companies (LexisNexis, 2015). He has contributed articles on corporate law and taxation in many law magazines.

 

The author gratefully acknowledges the assistance of Mr Anirudh Ramakrishnan (3rd year B.A., LLB NALSAR University) in updating the electronic resources cited in this article and proofreading.

 

Published November/December 2016

See the Archive Version!

 

 

1.     Introduction

India is situated in South Asia. It is a democratic republic.[1] The striking features of India are, of course, its large population (in excess of 1 billion[2]), its diversity in religion and culture (almost all the major world religions are found here[3]), and its near absolute[4] commitment to democracy.[5]

 

Historically, India was a collection of kingdoms and empires constantly at war with each other.[6] The ancient empire of King Ashoka[7] (a Buddhist) and later the Mughal Empire united a substantial portion of Northern India.[8] South India was ruled independently by a number of kings.[9]However, modern India took shape with the conquest of the nation by the British.[10] This conquest started in the late 17th century.[11] The British ruled India till 1947 when India became an independent nation.[12]

 

As a consequence of over a century of British rule, a substantial portion of Indian law and Indian legal institutions are based on British law, British legal system and the English language.[13]

 

2.     Law and Judicial System in Ancient India

During the ancient times, the Indian sub-continent was inhabited predominantly by Hindus. The legal system took its colour from Hindu religious and social practices. Hindu society was characterized by the caste system[14] and the joint family system.[15]

 

The four castes in the order of importance were (1) Brahmins or the priests (2) the Kshatriyas or the warriors (3) the Vaisyas or the merchants and (4) the Sudras or the workers.  Castes apparently originated from an individual’s occupation and mobility between the castes was not unknown.[16]  In the later years, castes became rigid and inter-caste mobility was not permitted.[17]

 

The Hindu joint family is a family of Hindus related by blood living together sharing common food, shelter and properties.[18] The family rather than the individual was the social unit in ancient India.  The family (not the individual) owned properties. The Hindu family was patriarchal in nature. The eldest male was the head of the family and enjoyed considerable powers over the rest of the family. His position was akin to pater familas under the Roman law.[19]

 

The law applied was on the basis of ancient religious texts, authoritative commentaries on these texts and customs.[20]The King himself administered the law with the help of his ministers. The king also appointed judges to administer the law.[21]  Law at the village level was administered by village councils (‘panchayat’) consisting of five or more members.[22] The system of professional lawyers appearing for the litigants appears to be unknown.[23]

 

3.     Law and the Judicial System in Medieval India

The Muslim invasions of India began around the 11th century AD.[24] Gradually vast portions of India came under the Muslim rule.[25] Muslim law and Muslim judicial institutions were established in India. The fountainhead of justice was the Sultan or the Mughal emperor.  He established a hierarchy of courts in the provinces, districts, parganas[26] and villages. Courts for revenue cases were separate from the courts for civil and criminal cases.[27] Appeals lay from one court to the other and ultimately to the emperor in Delhi.  The village councils (panchayats) continued in the villages and dealt with small civil and criminal cases.[28] As the courts were presided over by Muslim judges, the law administered was the Sharia or the Muslim Law. Professional legal representatives (called vakils or vakeels[29]) appeared in courts on behalf of litigants.[30]

 

4.     The British Period

The British came into India as traders in the 17th century AD and gradually conquered the entire sub-continent.[31] They established their own set of courts and judges. They administered English law as extended to India.  However, in matters of personal law, the British applied the Hindu law or the Muslim law depending on the religion of the subject.  Assessors initially assisted the judges in matters of personal law but these assessors were later dispensed, as the judges became more knowledgeable in personal laws.  Even today, different personal laws govern Hindus and Muslims.

 

5.     Constitution of India

The Indian Constitution (‘Constitution’) was adopted by the Constituent Assembly on November 26th 1949[32] and came into effect since January 26th 1950.[33] The Constitution was in large part modeled on the Government of India Act 1935[34] and Constitutions of other nations were also considered.[35] The Indian Constitution in turn served as a model for many nations, which became independent subsequently. A current text of the Constitution can be found at http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.

 

The Constitution is divided into Parts, Chapters and Articles. The Constitution provides for a quasi-federal nation consisting of a Union of States.[36] It provides for separate executives and legislatives for the Union and for each of the States and demarcates the powers of each. However, the residual legislative power is with the Union.[37] Under certain circumstances, the Union can (and has) dissolved the executive and legislatives of the States.[38]

 

The Constitution itself can be amended by a special majority of Parliament. Amendments to the provisions of the Constitution dealing with the States require the consent of the legislatures of at least half of the States.[39] The Constitution can be amended fairly extensively[40] but the amendments cannot violate the basic features of the Constitution[41] such as the independence of the judiciary, the sovereign democratic and republican structure of the nation, the rule of law and free and fair elections.

 

6.     Union Executive: President, Vice President, Prime Minister

India follows the Westminster form of Government with an elected President[42] in the place of the hereditary monarch. The President of India heads the Union Executive[43] He is the nominal head of the State and the Supreme Commander of the defence forces of the Union.[44] The real power lies with the Union Council of Ministers headed by the Prime Minister.[45] The President is normally bound to act on the advice of the Council of Ministers.[46]

 

The President is elected by an electoral college consisting of the members of the Parliament and the State legislatures.[47] The President holds office for five years.[48] He can be re-elected for any number of terms.[49]

 

The President can be impeached for violation of the Constitution.[50] The charge for impeachment can be preferred by either House of the Parliament by a two-thirds majority of the total membership of that House. The charge will be investigated by the other House of the Parliament. A resolution by a two-thirds majority of the total membership of the investigating House is required for sustaining the charge.

 

The Vice-President[51] is elected by the members of the Union Legislature.[52] He holds office for five years.[53] The Vice President is the ex-officio Chairman of the Council of States[54] (the upper house of the Parliament).

 

The Vice-President can be removed by a resolution passed by the Council of States by a simple majority of its members and agreed to by the House of the People.[55]

 

The Prime Minister[56] is the de facto head of the Union Executive. The Prime Minister is the head of the Council of Ministers.[57] The President appoints the Prime Minister.[58] The other ministers are appointed by the President on the advice of the Prime Minister.[59] The Prime Minister is usually the leader of the political party commanding a majority in the House of the People. The Prime Minister can be the leader of a coalition of political parties which together command a majority in the House of the People.

 

The Union Government is divided into a number of ministries each headed by a minister and further into departments each with a large number of Indian Administrative Service officers and subordinate employees. See http://goidirectory.nic.in for a directory of the government websites.

 

7.     The Union Legislature[60]

The Union legislature (Parliament) is a bicameral legislature on the Westminster model. It comprises an Upper House called the Council of States or the Rajya Sabha[61] and a Lower House called the House of People or Lok Sabha.[62]

 

The Council of States, as its name indicates, is largely comprised of representative of the States elected by the members of the legislatures of the States.[63] It is a permanent House with one third of its members retiring every second year.[64] The Vice-President is the Chairman of the Council of States.

 

The House of the People consists of members chosen by direct election by Indian citizens from territorial constituencies in the States.[65] The House of the People, unless sooner dissolved, continues for a term of five years from the date appointed for its first meeting.[66]

 

Parliament may make laws for the whole or any part of the territory of India.[67] Parliamentary laws cannot be invalidated on the grounds of extraterritorial operation.[68] Parliament has exclusive legislative power on certain matters[69] and legislative power concurrent with the State Legislature on certain other matters.[70] Parliament has residual powers of legislation.[71]

 

8. The State Executive: Governor, Chief Minister

The constitutional structure of the State is largely similar to that of the Union. The executive power of each State is vested in the Governor of the State.[72] The Governor of each State is appointed by the President on the advice of the Union Council of Ministers.[73] The Governor is appointed for a term of five years but holds office during the pleasure of the President and can be removed any time.[74]

 

The Chief Minister is the de facto head of the State Executive. The Governor is normally bound to act on the advice of the Council of Ministers.[75] The Chief Minister is the head of the Council of Ministers of the State.[76] The Governor appoints the Chief Minister.[77] The other ministers are appointed by the President on the advice of the Chief Minister.[78] The Chief Minister is usually the leader of the political party commanding a majority in the Legislative Assembly of the State. The Chief Minister can be the leader of a coalition of political parties which together command a majority in the Legislative Assembly of the State.

 

9. The State Legislature

The legislature of most States consists of only one House[79] (the Legislative Assembly) whose members are directly elected by Indian citizens from territorial constituencies in that State[80]. The Legislative Assembly, unless sooner dissolved, continues for five years from the date appointed for its first meeting.[81]

 

A few States have a Legislative Council in addition to the Legislative Assembly.[82] The Legislative Council is a permanent body[83] elected by specified electorates comprising members of the Legislative Assembly, University graduates, members of Municipalities and other local bodies.[84] The Constitution empowers the Legislative Assembly of a State to abolish or create the Legislative Council of that State.[85]

 

State Legislatures may make laws for the whole or any part of that State.[86] The State Legislature has exclusive legislative power on certain matters[87] and legislative power concurrent with Parliament on certain other matters.[88] Parliament has residual powers of legislation.[89]

 

10. Union Judiciary: Supreme Court

The Union Judiciary consists of the Supreme Court of India.[90] The Supreme Court sits in New Delhi.[91]The Supreme Court exercises original jurisdiction in disputes between (1) the Union Government and one or more States or (2) one or more States.[92] The Supreme Court is empowered to issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for the enforcement of fundamental rights.[93]The Supreme Court hears civil and criminal appeals from the High Courts.[94] The Supreme Court hears statutory appeals from tribunals constituted under various statutes such as Securities Appellate Tribunal[95] and  National Company Law Appellate Tribunal.[96] The language of the Supreme Court is English.[97]

 

The Supreme Court comprises the Chief Justice of India and 30 puisne judges.[98] The President appoints every judge of the Supreme Court after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.[99] In practice, Supreme Court judges are appointed in accordance with the memorandum of procedure agreed between the Union Government and the Supreme Court of India.[100]

 

The Constitution (Ninety-Ninth Amendment) Act, 2014 proposed to establish a National Judicial Appointments Commission for the appointment of judges of the Supreme Court and the High Court.[101]The Supreme Court declared this amendment unconstitutional.[102] The Union Government is currently engaging with the Supreme Court of India to revise the memorandum of procedure for the appointment of judges.[103]

 

Supreme Court judges hold office up to 65 years of age.[104] They can be impeached on the ground of proved misbehavior or incapacity by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership and not less than two thirds of the members of the House present and voting.[105]

 

11. The State Judiciary

The State judiciary consists of the High Court for each State[106] and courts subordinate to the High Courts.[107] Parliament may establish a common High Court for two or more States.[108]

 

The High Court hears appeals from the subordinate courts and tribunals. It exercises superintendence over and acts as a court of revision for the subordinate courts and tribunals.[109] The High Court has powers to issue writs of habeas corpus, certiorari and such other prerogative writs.[110] Some High Courts exercise original jurisdiction in civil matters and admiralty jurisdiction.[111] The language of the High Courts is English[112], although the official language of the Union Hindi is gaining ground.[113]

 

Each High Court consists of a Chief Justice and a number of puisne judges.[114] The President appoints a High Court judge after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of that State.[115] In practice, High Court judges are appointed in accordance with the memorandum of procedure agreed between the Union Government and the Supreme Court of India.[116]

The Union Government is currently engaging with the Supreme Court of India to revise the memorandum of procedure for the appointment of judges.[117]

 

A High Court judge holds office till he attains the age of 62 years.[118] A High Court judge can be impeached in the same manner as a Supreme Court judge i.e. on the ground of proved misbehavior or incapacity by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership and not less than two thirds of the members of the House present and voting.[119] A High Court judge can be transferred from one High Court to another High Court.[120]

 

Subordinate Courts[121]

The subordinate judiciary comprises of three tiers of civil and criminal courts.[122] The District Court[123] having jurisdiction over a district of State is the highest of the subordinate courts. The District Court is also the sessions court of that district while exercising criminal jurisdiction.

 

Civil courts subordinate to the district court are the courts of the Civil Judge (Senior division) and the Civil Judge (Junior Division).[124] In some States[125], these courts are called the Court of the Subordinate judge and the District Munsif‘s court respectively. Munsif courts and courts of Subordinate Judges exercise civil jurisdiction. Appeals from these courts normally lie to the District Court and then to the High Court. A litigant is normally entitled to two appeals-a first appeal on facts and law and a second appeal only on law.[126]

 

Criminal courts subordinate to the district (and sessions) court consist of Judicial Magistrates of first or second class and the Chief Judicial Magistrate. Appeals from the Magistrates’ courts lie to the Sessions Court and then to the High Court.[127]

 

Tribunals

Specialised tribunals are established under various statutes. Examples of these are the Income tax Appellate Tribunal[128], the National Company Law Tribunal and Appellate Tribunal, the Sales Tax Appellate Tribunal, Customs, Excise & Service Tax Tribunal[129], Consumer Forums, National and State Consumer Disputes Resolution Commissions[130], the Central and State Administrative Tribunals, the Debts Recovery Tribunal[131], Debts Recovery Appellate Tribunal[132], National Green Tribunal[133], Lok Adalaths (Peoples’ Courts), Mahila Courts (Women’s Courts), Fast Track Courts, Special Courts/Designated Courts under various of Parliament or State Legislatures. Many of these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function. Appeals from some of the Appellate Tribunals lie to the Supreme Court.

 

12. Independence of the Judiciary from the Executive

Although the Parliament has powers to impeach a judge of the Supreme Court or a High Court, this is a power which is very difficult to exercise in practice. No judge has been removed by the Parliament in more than 65 years of independence.[134] Judges of the Supreme Court and the High Court have enormous freedom from political and other interference during their tenure.

 

13. Fundamental Rights

The Constitution prescribes certain fundamental rights such as equality before law (which includes protection from arbitrary action of the State), freedom from discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in matters of public employment, freedom of speech and expression, right to assemble peacefully without arms, to form associations or unions, to move freely through India, to reside and settle in any part of India, protection against deprivation of life and personal liberty, freedom of conscience and the profession, practice and propagation of religion.[135] The right to property is no longer a fundamental right[136] but no person shall be deprived of his property save by authority of law.[137]

 

14. Fundamental Duties

Fundamental duties were added to the Constitution in 1977.[138] Among these are duties to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, to value and preserve the rich heritage of our composite culture, to protect and improve the national environment including forests lakes, rivers and wild life and to have compassion for living creations and to strive towards excellence in all spheres of individual and collective activity.

 

15. Review of the Functioning of the Constitution

The Constitution has served the nation well for more than five decades and has survived onslaughts to destroy many of its features. In 2000, Government of India (the Union Government) constituted a committed headed by a retired Chief Justice of India to examine the working of the Constitution and suggest amendments. The final report of the committee can be found online.

 

Text Books

The standard text books on Constitutional law are:

 

16. The Law Commission of India

The Law Commission of India is constituted by the Government of India to suggest legal reforms. The Law Commission periodically submits reports to the Union executive suggesting legal reforms. The Union Executive or the Legislative is not bound to act on the suggestions.

 

17. The Election Commission of India

The Election Commission of India[139] is headed by the Chief Election Commissioner and two Election Commissioners. The sole responsibility of the Election Commissioner is to periodically conduct elections to the State and Union legislatures as well as the Presidential elections. It must ensure a free and fair polling in all these elections. The Election Commission is given financial and operation autonomy to ensure the conduct of free and fair elections.

 

18. The Reserve Bank of India

The Reserve Bank of India[140] is the apex bank in India. It manages monetary operations control over foreign exchange and control over commercial banks and financial institutions.

 

19. Securities and Exchange Board of India

The Securities and Exchange Board of India is the apex body dealing with the listing and trading of securities. It regulates public issue of securities, stock exchanges and other intermediaries in the securities market.

 

20. Legal Practitioners

India has a fused legal profession. All practising lawyers are called advocates. Advocates are the basic legal practitioners and the only persons allowed audience as a matter of right in the civil and criminal courts[141]. Advocates are governed by the Advocates Act 1961. Advocates are required to pass a degree in law from a recognised university and enroll themselves on the rolls of the Bar Council of the State within whose jurisdiction they regularly practice.[142] An advocate cannot practice unless he has passed the All India Bar Examinations which will entitle him to a certificate of practice.[143] Advocates are governed by the ‘cab rank rule’.[144]

 

Senior Advocates are advocates so designated by a High Court or the Supreme Court.[145] Senior Advocates are the equivalent of Queen’s Counsel or ‘silks’ of other jurisdictions.

 

The legal profession is regulated by the Bar Council of India[146] and the State Bar Councils.[147] Advocates are subject to disciplinary control by the State Bar Councils and the Bar Council of India. An appeal against the order of the disciplinary committee of the State Bar Council lies to the Bar Council of India[148] and a further appeal to the Supreme Court.[149] Bar Councils consists of ex-officio and elected members from the Bar.

 

Almost all the judges are appointed from practicing advocates. Judges of the Superior Judiciary (the Supreme Court and the High Courts) and the higher tiers of the subordinate judiciary are either promoted or directly appointed from the Bar.

 

Chartered Accountants, Company Secretaries and other persons with prescribed qualification have rights of audience before many of the Tribunals.

 

Some Courts/Tribunals like the Family Courts expressly bar lawyers from appearing except with the permission of the tribunal.

 

Personal laws

A substantial portion of the Hindu law has been codified by Parliament after independence.[150] The Muslim law is as yet uncodified.[151] Courts apply Muslim law based on authoritative commentaries and judicial precedents.

 

21.  Sources of Law

 

21.1. Primary Sources

The primary source of law is the statutes passed by Parliament or the State Legislatures.[152] In addition to these, the President[153] and the Governor[154] have limited powers to issue ordinances when Parliament or the State Legislature is not in session. These ordinances lapse six weeks from the re-assembly of Parliament or the State Legislature. These laws are later published in the Official Gazette (The Gazette of India[155] or the State Gazettes[156]). Most enactments delegate powers to the executive to make rules and regulations for the purposes of the Acts. These rules and regulations (called subordinate legislation) are periodically laid before the legislature (Parliament or State Legislature). Subordinate legislation is another source of law.[157]

 

Statutes passed by Parliament are accessible at India Code which is a free site. The All India Reporter’s Manual of Central Laws is an exhaustive collection of laws enacted by Parliament together with decisions of the Supreme Court and the High Court on these statutes. However, this is not available online.

 

Statutes passed by the States are more difficult to access. Some of the important Statutes passed by State Legislatures are found on the official portals of the corresponding State Government. The websites of most of the State Governments are found at http://goidirectory.nic.in/state.php.

 

21.2. Secondary Sources

An important secondary source of law is the judgments of the Supreme Court, the High Courts and some of the specialised Tribunals. The judgments of these institutions not only decide legal and factual issues in dispute between the parties but in the process interpret/declare the law. This interpretation/declaration law – the ratio decidendi is a binding precedent.

 

The Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.[158] The ratio decidendi as well as the orbiter dicta of the Supreme Court constitute binding precedents to be followed by all the other courts and tribunals. The Supreme Court is not bound by its own decisions. However, decisions of a larger bench of the Supreme Court are binding on benches of equal or lesser strength. The Supreme Court has used its powers to venture into judicial activism going far beyond the traditional view that courts should only interpret the law and not make new law. Judgments of the Supreme Court on public interest litigation, protection of the environment and protection against arbitrary State action can be viewed more as judicial legislation and not as mere interpretation of the law.

 

The judgments of a High Court are binding on itself and on all subordinate courts and tribunals in that State. However, a numerically larger bench of the High Court can overrule a decision of a numerically smaller bench. Judgments of a High Court are not binding on another High Court or on courts subordinate to another High Court, but are of great persuasive value.

 

Judgments of specialised tribunals are binding on itself but not on the courts or other tribunals. Occasionally larger benches of a tribunal are constituted to reconsider the correctness of the decisions of smaller benches.

 

The Privy Council in London was the highest appellate body for India until October 1949.[159] Previously rendered judgments of the Privy Council are binding precedents unless overruled by the Supreme Court. Decisions of all other foreign courts are only of persuasive value. In view of the prodigious output of the Supreme Court during the past fifty years, the role of judgments of foreign courts in shaping the law in India has declined considerably. Foreign judgments are cited in the Supreme Courts and in the High Courts only in the absence of Indian judgments on the point involved. Foreign judgments are seldom cited before the subordinate courts.

 

Judgments of the Supreme Court are available at http://judis.nic.in/supremecourt/chejudis.asp. Judgments reported in the Supreme Court Reports are found at http://supremecourtofindia.nic.in/scr.htm.

 

Judgments of the High Courts are found in the official website of each High Court. The High Court websites can be accessed from http://supremecourtofindia.nic.in/scr.htm. Electronic copies of judgments reported in the Indian Law Reports are available in the websites of some of the High Courts.[160]

 

Judgments of High Courts can be accessed at www.judis.nic.in Most of these judgments do not have head notes.

 

22. Books and Commentaries

Books and commentaries on Indian law are only of persuasive value but are frequently cited in the courts. Considering the underlying foundation of English Law and English legal principles, standard books on English law are frequently used and cited in the courts. Commentaries from other jurisdictions are rarely used.

 

Standard Books and Commentaries on Selected Topics:

 

Arbitration Law

Civil Procedure

Company Law

Constitutional Law

Conveyancing

Contract Act

Criminal Law

Hindu law

Income Tax

Muslim law

Property Law

Torts

 

Publishers and Books Sellers

 

The addresses of some of the publishers and books sellers:

 

 

23. Legal Education

A list of national law universities participating in the Common Law Aptitude Test is found at https://clat.ac.in/. A law degree is normally a five-year course taken after 12 years of school or a three-year course taken after a bachelor’s degree.

 

24. Other Legal Sites

 

Parliament, State Legislatures

Parliament of India

http://parliamentofindia.nic.in

 

Parliament of India: Archives

http://archive.india.gov.in/

 

Rajya Sabha

http://rajyasabha.nic.in

 

Lok Sabha

http://loksabha.nic.in

 

State Legislatures

http://goidirectory.nic.in/legislature_index.php

 

Centre for Policy Research

http://cprindia.org

 

PRS Legislative Research

http://prsindia.org

 

Statutes of Parliament

India Code

http://indiacode.nic.in

 

Governmental websites

National Portal of India

https://india.gov.in/

 

Open Government Data

https://data.gov.in/

 

Ministry of Law and Justice

http://lawmin.nic.in

 

Ministry of Corporate Affairs

http://mca.gov.in

 

Law Commission of India

http://lawcommissionofIndia.nic.in

 

Income Tax Department India

http://incometaxindia.gov.in

 

Central Board of Excise and Customs

http://cbec.gov.in

 

Controller General of Patents, Designs and Trademarks

http://ipindia.nic.in

 

Courts

Supreme Court of India

http://Supremecourtofindia.nic.in/

 

Indian Courts -links to Supreme Court, High Courts and a few tribunals

http://indiancourts.nic.in

 

Tribunals/Regulatory Authorities

Appellate Tribunal for Electricity

http://aptel.gov.in/

 

Armed Forces Tribunal

http://aftdelhi.nic.in

 

Authority for Advance Ruling

http://aarrulings.in/

 

Central Administrative Tribunal

http://cgat.gov.in

 

Central Electricity Regulatory Commission

http://cercind.gov.in

 

Competition Appellate Tribunal

http://compat.nic.in

 

Competition Commission of India

http://cci.gov.in

 

Consumer forums in country

http://confonet.nic.in/

 

Copyright Board

http://copyright.gov.in/frmcopyrightboard.aspx

 

Customs Excise and Service Tax Appellate Tribunal

http://cestat.gov.in

 

Cyber Appellate Tribunal

http://catindia.gov.in

 

Debt Recovery Tribunals

http://drt.gov.in

 

Employees Provident Fund Appellate Tribunal

http://epfindia.com/site_en/

 

Income Tax Appellate Tribunal

http://itat.nic.in

 

Insurance Regulatory and Development Authority of India

http://irdai.gov.in/Defaulthome.aspx?page=H1

 

National Company Law Tribunal

http://nclt.gov.in/

 

National Consumer Disputes Redressal Commission

http://ncdrc.nic.in

 

National Green Tribunal

http://greentribunal.in/

 

National Human Rights Commission

http://nhrc.nic.in/

 

Securities and Exchange Board of India

http://www.sebi.gov.in/index.html

 

Telecom Disputes Settlement & Appellate Tribunal

http://tdsat.nic.in

 

Telecom Regulatory Authority of India

http://trai.gov.in/

 

Legal Services, Blogs & Legal News/Research Websites

Indian Constitutional Law and Philosophy

http://indconlawphil.wordpress.com/

 

India Corp Law

http://indiacorplaw.blogspot.in

 

India Law Journal

http://indialawjournal.com/

 

Madras Law Journal

http://www.lexisnexis.co.in/en-in/products/madras-law-journal-civil.page

 

SpicyIP (intellectual Property)

http://spicyip.com/

 

Advocate Khoj (Legal Service/BlogSpot)

http://advocatekhoj.com/library/index.php

 

Cyber laws in India

http://cyberlawsindia.net/

 

IPR Law India

http://iprlawindia.org

 

Law finder

http://lawfinderlive.com/citation

 

Laws4India

http://laws4india.com/

 

Law Guru

http://www.lawguru.com/

 

Legal India

http://legalindia.com

 

Legal Services India

http://legalserviceindia.com/

 

LexSite

http://lexsite.com/

 

Tax Guru (News/Blog)

http://taxguru.in/

 

Taxmann

https://www.taxmann.com/#

 

Vakilno1

http://www.vakilno1.com/

 

Case Status Site

http://courtnic.nic.in

 

Case Law Sites

CDJ Law journal

https://cdjlawjournal.com

 

Corporate and Tax laws

http://www.taxlawsonline.com/ (fee-based)

 

Courts Judgment

http://courtsjudgments.com (fee-based)

 

Current Tamil Nadu cases

http://www.ctconline.in/

 

Indian Kanoon

http://Indiankanoon.org/ (fee-based)

 

Indian Law Cases

http://indianlawcases.com

 

Judgment Information System Supreme Court, High Courts

http://judis.nic.in/

 

Judgments, Orders -High Courts of Orissa, Meghalya, Uttarakhand

http://lobis.nic.in

 

Law weekly

http://www.thelawweekly.com (fee-based)

 

Manupatra

http://Manupatra.com (fee-based)

 

SCC Online

http://SCConline.com (fee-based)

 

Supreme Court Case Law

http://supremecourtcaselaw.com (fee-based)

 

Supreme Court database of judgments

http://supnet.nic.in/suplis/main.html

 

Supreme Court database of articles

http://supnet.nic.in/suplib/main.html

 

Supreme Court of India- equivalent citation table

http://sci.nic.in/ect.htm

 

Westlaw India

http://indlaw.com (fee-based)

 

NYU Global Law Review (Universal Blog/law review)

http://globallawreview.com

 

NYU Global Law Review (Universal Blog/law review)

http://globallawreview.com

NYU Global Law Review (Universal Blog/law review)

http://globallawreview.com

 



[1] "Sovereign, Socialist Secular Democratic Republic" preamble to the Constitution of India ('Constitution') http://lawmin.nic.in/olwing/coi/coi-english/coi-indexenglish.htm.

[2] 1,210,193,422-provisional population totals Census of India 2011 http://www.censusindia.gov.in/2011-prov-results/prov_results_paper1_india.html.

[4] ‘Near absolute’ because of the brief period of totalitarian rule during the Emergency (1975-1977).

[5] Election Commission of India-general elections 2014, http://eci.nic.in/eci_main1/GE2014/ge.html.

[6] Meghnad Desai-The Rediscovery of India, Penguin Allen Lane,2009, page 7; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.

[8] Meghnad Desai-The Rediscovery of India, Penguin Allen Lane 2009, pages 7, 9.

[9] Jawarharlal Nehru -The Discovery of India, pages 139-140,  239-240; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.

[10] ‘India is no more a political personality than Europe. India is a geographical term. It is no more a united nation than the Equator.’ Sir Winston Churchill in a speech to the Constitutional Club 26th March 1931 India: Speeches by the Rt. Hon. Winston S. Churchill (London: Thornton Butterworth, 1931), pp. 163-70 cited by John David Olsen,The Churchill Centre in https://www.quora.com.

[13] Granville Austin -Working a Democratic Constitution, Oxford University Press, 1999, page 1.

[16] Mayne’s Treaties on Hindu Law & Usage Bharat Law House, 2014, pages 99, 100.

[18] Mayne’s Treaties on Hindu Law & Usage Bharat Law House,2014,page 820;Jawarharlal Nehru-The Discovery of India, pages 255; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.

[19] Mayne’s Treaties on Hindu Law & Usage, Bharat Law House 2014,page 808; Jawarharlal Nehru -The Discovery of India, page 255; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.

[20] Mayne’s Treaties on Hindu Law & Usage, Bharat Law House 2014, page 15; Mulla Hindu Law LexisNexis ButterworthsWadhwa, 2010, page 99.

[21] Mayne’s Treaties on Hindu Law & Usage Bharat Law House 2014, page 10; V.D.Kulshreshtha’s Landmarks in Indian Legal and Constitutional History  Eastern Book Company, 2012, page 11.

[22] V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 11.

[23] V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Eastern Book Company, 2012, page 14.

[25] The Delhi Sultanate (1206- 1526) https://www.britannica.com/place/Delhi-sultanate followed by the Mughal Empire (1526-1761) https://www.britannica.com/place/India/The-Mughal-Empire-1526-1761.

[26] Group of villages; subdivision of district athttp://www.oxforddictionaries.com/definition/english/pargana.

[27] V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, pages 27, 28.

[28] V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 29.

[29] Advocates today are also called vakils in Hindi; http://www.oxforddictionaries.com/definition/english/vakil.

[30] V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 31.

[34] An Act passed by the British Parliament http://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf; Granville Austin –The Indian Constitution, Oxford University Press, 1966 page 409 ‘The debt to the 1935 Act in particular is very great'.

[35] The Constitutional Adviser Mr B.N. Rau visited United States, Canada and Ireland for this purpose. An interesting anecdote is the advice of Justice Felix Frankfurter (United States Supreme Court) to Mr B.N. Rau not to use the ‘due process’ clause in the Constitution. Granville Austin –The Indian Constitution, Oxford University Press, 1966 pages129,130. The advice was taken. Article 21 of the Constitution instead uses the words "according to procedure established by law"

[37] Article 248; schedule 7, list II, entry 97 Constitution.

[38] Article 356; this is justiciable and can be reviewed by the High Courts or the Supreme Court (vide the Supreme Court judgment in S. R. Bommai v. Union of India([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) http://www.indiacourts.in/S.R.-BOMMAI-Vs.-UNION-OF-INDIA_da9d12c5-6e12-4881-ae4e-b5028a3abd1c.

[40] The Constitution has been amended 100 times during the 66 years of its existence. See the preface at http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.

[42] The President of India, http://presidentofindia.gov.in/.

[44] Article 53 (2), Constitution.

[45] Article 74, Constitution.

[46] Article 74 (1), Constitution.

[47] Article 54, Constitution.

[48] Article 56, Constitution.

[49] Article 57, Constitution.

[50] Article 61, Constitution.

[51] The Vice President of Indian: http://vicepresidentofindia.nic.in/.

[52] Article 66, Constitution.

[53] Article 67, Constitution.

[54] Article 64, Constitution.

[55] Article 67, Constitution.

[56] The Prime Minister of India: http://www.pmindia.gov.in/en/.

[57] Article 74, Constitution.

[58] Article 75 (1), Constitution.

[59] Article 75 (1), Constitution.

[60] The Parliament of India: http://parliamentofindia.gov.in/.

[61] Parliament of India – Rajya Sabha – Council of States: http://rajyasabha.nic.in/; article 79, Constitution.

[62] Parliament of India – Lok Sabha – House of the People: http://loksabha.nic.in/; articles 79, Constitution.

[63] Article 80, Constitution.

[64] Article 83 (1), Constitution.

[65] Article 81, Constitution.

[66] Article 83 (2), Constitution.

[67] Article 245 (1), Constitution.

[68] Article 245 (2), Constitution.

[69] Article 246 (1), Seventh Schedule, list I.

[70] Article 246 (1), Seventh Schedule, list II.

[71] Article 248 (1), Seventh Schedule, list I, entry 97.

[72] Article 153, Constitution.

[73] Article 155, Constitution.

[74] Article 156, Constitution.

[75] Article 163 (1), Constitution.

[76] Articles 163, 164 (1) Constitution.

[77] Article 164 (1), Constitution.

[78] Article 164 (1), Constitution.

[79] Article 168, Constitution; The Legislative Bodies of India: http://legislativebodiesinindia.gov.in/.

[80] Article 170 (1), Constitution.

[81] Article 172 (1), Constitution.

[82] Article 168 (2).

[83] Article 172 (2), Constitution.

[84] Article 171, Constitution.

[85] Article 169, Constitution.

[86] Article 245 (1), Constitution.

[87] Article 246 (1), Seventh Schedule, list III.

[88] Article 246 (1), Seventh Schedule, list II.

[89] Article 246 (1), Seventh Schedule, list I, entry 97.

[90] The Supreme Court of India: http://supremecourtofindia.nic.in/; Article 124, Constitution.

[91] Article 130, Constitution.

[92] Article 131, Constitution.

[93] Article 32, Constitution.

[94] Articles 132, 133, 134, 136, Constitution.

[95] Constituted under the Securities and Exchange Board of India Act, 1992. Securities Appellate Tribunal in Mumbai: http://sat.gov.in/.

[96] Constituted under the Companies Act, 2013 http://www.mca.gov.in/Ministry/pdf/CompaniesAct2013.pdf.

[97] The Supreme Court of India – History: http://supremecourtofindia.nic.in/history.htm; article 348, Constitution.

[98] The Supreme Court of India – History: http://supremecourtofindia.nic.in/history.htm; Supreme Court (Number of Judges) Act 1956, as amended by the Supreme Court (Number of Judges) Amendment Act, 2008 (11 of 2009).

[99] Article 124 (2), Constitution.

[100] Memorandum Showing the Procedure for Appointment of the Chief Justice of India and Judges of the Supreme Court of India: http://doj.gov.in/sites/default/files/memosc.pdf.

[104] Article 124 (2), Constitution.

[105] Article 124 (4), Constitution.

[106] Article 214, Constitution; 24 High Courts so far; Web Directory – Judiciary: http://goidirectory.nic.in/judiciary_subcategory.php?ct=J001.

[107] Article 233, Constitution; District Courts of India: http://indiancourts.nic.in/districtcourt.html.

[108] Article 231, Constitution.

[109] Article 227, Constitution.

[110] Article 226, Constitution.

[111] These are the High Courts of Bombay, Calcutta, Delhi and Madras. Their original jurisdiction is conferred by their Letters Patent.

[112] Article 348 (1), Constitution.

[113] Articles 343, 344, 351, Constitution.

[114] Article 216, Constitution.

[115] Article 217, Constitution.

[116] Memorandum Showing the Procedure for Appointment of the Chief Justice of India and Judges of the Supreme Court of India: http://doj.gov.in/sites/default/files/memosc.pdf.

[117] Raghav Ohri, SC Returns Government Memorandum Of Procedure for Selection of High Court Judges, The Economic Times (may 28, 2016), http://economictimes.indiatimes.com/news/politics-and-nation/sc-returns-government-memorandum-of-procedure-for-selection-of-high-court-judges/articleshow/52473923.cms.

[118] Article 217 (1), Constitution.

[119] Article 217 (1) (b), Constitution.

[120] Article 217 (1) (c), Constitution.

[121] District Courts of India: http://indiancourts.nic.in/districtcourt.html; District Courts of India – E-Courts Mission Mode Project: http://ecourts.gov.in/index.php.

[122] District Courts of India: http://indiancourts.nic.in/districtcourt.html; District Courts of India – E-Courts Mission Mode Project: http://ecourts.gov.in/index.php.

[123] Article 233, Constitution.

[125] The State of Tamil Nadu for instance, http://ecourts.gov.in/tn.

[126] Sections 96, 100 Code of Civil Procedure, 1908 (Act No. 5 of 1908) at http://ecourts.gov.in/sites/default/files/The%20Code%20of%20Civil%20Procedure_0_0.pdf.

[127] Chapters 29, 30 Code of Criminal Procedure, 1973 at http://www.wipo.int/wipolex/en/details.jsp?id=8578.

[128] Income Tax Appellate Tribunal: http://itat.nic.in/.

[129] Customs Excise & Service Tax Appellate Tribunal: http://cestat.gov.in/.

[130] National Consumer Disputes Redressal Commission: http://ncdrc.nic.in/.

[131] The Debt Recovery Tribunal: http://bankdrt.net/.

[132] Debt Recovery Tribunals – Debt Recovery Appellate Tribunals: http://drt.gov.in/.

[133] National Green Tribunal: http://www.greentribunal.gov.in/.

[134] Impeachment proceedings were (at different times) initiated against V. Ramasami J., S. Sen J. and P.D. Dinakaran CJ. The motion against V. Ramasami was defeated. S. Sen and P.D. Dinakaran JJ resigned before the impeachment proceedings could be completed.

[135] Article 19, Constitution.

[136] This was repealed by the Constitution (44th Amendment) Act, 1978 with effect from 20 June 1979; The Constitution (44th Amendment)http://indiacode.nic.in/coiweb/amend/amend44.htm.

[137] Article 300A, Constitution.

[138] Article 51A, added by the Constitution (42nd Amendment) Act 1976 with Effect from 3 January 1977; The Constitution (42d Amendment) Act, 1976: http://indiacode.nic.in/coiweb/amend/amend42.htm.

[139] Election Commission of India: http://eci.nic.in/eci/eci.html.

[140] Reserve Bank of India: https://www.rbi.org.in/.

[142] Section 24, Advocates Act, 1961.

[144] Rule 11, section 2, chapter 2 part 6, Bar Council of India Rules: http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartVonwards.pdf.

[145] Section 16, Advocates Act, 1961.

[146] Section 4, Advocates Act, 1961.

[147] Section 3, Advocates Act, 1961.

[148] Section 37, Advocates Act, 1961.

[149] Section 38, Advocates Act, 1961.

[150] The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Minority and Guardianship Act, 1956 and The Hindu Succession Act, 1956.

[151] The occasional legislation includes The Wakf Act, 1995: http://wamsi.nic.in/wamsi/legis/Wakf_Amend2013_Act1995.pdf, The Muslim Women (Protection of Rights on the Divorce) Act, 1986.

[152] The Supreme Court of India – Constitution: http://supremecourtofindia.nic.in/constitution.htm.

[153] Article 123, Constitution.

[154] Article 213, Constitution.

[155] Directorate of Printing Department of Publication Ministry of Urban Development Government of India – The Gazette of India: http://egazette.nic.in/(S(nw1dlg5iobezezzubrhr2twz))/default.aspx?AcceptsCookies=yes.

[156] Directorate of Printing Department of Publication Ministry of Urban Development Government of India – The Gazette of India: http://egazette.nic.in/(S(nw1dlg5iobezezzubrhr2twz))/default.aspx?AcceptsCookies=yes.

[157] Supreme Court of India – Constitution: http://supremecourtofindia.nic.in/constitution.htm.

[158] Article 141, Constitution of India.

[159] The Abolition of Privy Council Jurisdiction Act, 1949 (Constituent Assembly Act 5 of 1949) at http://bombayhighcourt.nic.in/libweb/actc/1949.05.pdf.

[160] High Court of Judicature at Allahabad: http://allahabadhighcourt.in/ILR/ (Indian Law Report – Allahabad Series); High Court of Delhi: http://delhihighcourt.nic.in/NewIlrdsFile.asp (Indian Law Reports from 2011 onwards).