Legal Fundamentals — Indian Legal System

The Indian Legal System at a Glance

India follows a common law system inherited from British rule, blended with elements of civil law and personal laws. The Constitution of India (1950) is the supreme law — everything else flows from it.

Hierarchy of Laws in India

Understanding the hierarchy is essential — a lower law cannot contradict a higher one.

CONSTITUTION OF INDIA  (Supreme — cannot be overridden)
        ↓
CENTRAL / PARLIAMENTARY LAWS  (Union List + Concurrent List)
        ↓
STATE LAWS  (State List + Concurrent List)
        ↓
DELEGATED / SUBORDINATE LEGISLATION  (Rules, Regulations, By-laws)
        ↓
EXECUTIVE ORDERS / NOTIFICATIONS

Key principle: If a State law conflicts with a Central law on a Concurrent List subject, the Central law prevails (Article 254).

Court Hierarchy in India

SUPREME COURT OF INDIA  (New Delhi)
  — Final court of appeal
  — Guardian of Constitution
  — Original, appellate, advisory jurisdiction
        ↓
HIGH COURTS  (One per State / UT group)
  — Appellate court for district courts
  — Writ jurisdiction (Part III rights)
  — Supervisory jurisdiction over subordinate courts
        ↓
DISTRICT COURTS  (District level)
  — Civil: suits above ₹3 lakh (varies by state)
  — Criminal: Sessions Court for serious offences
        ↓
SUBORDINATE / LOWER COURTS
  — Civil Judge / Munsiff Courts (civil suits)
  — Magistrate Courts (criminal — Judicial + Executive)
  — Family Courts, Labour Courts, Consumer Forums
        ↓
TRIBUNALS & QUASI-JUDICIAL BODIES
  — NCLT, NGT, RERA, GST Tribunal, Armed Forces Tribunal

Sources of Law in India

Source	Examples

|--------|---------|

Constitutional Law	Articles 12–35 (Fundamental Rights), Part IV (DPSP)
Statutory Law	IPC 1860, CPC 1908, CrPC 1973, Contract Act 1872
Personal Law	Hindu Marriage Act, Muslim Personal Law, Indian Succession Act
Customary Law	Local customs recognised by courts
Judicial Precedent	Supreme Court judgments bind all lower courts
Delegated Legislation	Rules, Regulations made under parent Acts

Key Branches of Law

1. Constitutional Law

Foundation of all Indian law. Covers Preamble, Fundamental Rights (Art 12–35), Directive Principles (Art 36–51), Fundamental Duties (Art 51A), and the structure of government.

2. Criminal Law

IPC (Indian Penal Code) 1860 → now Bharatiya Nyaya Sanhita (BNS) 2023

•Defines offences and punishments

•Procedural law: CrPC 1973 → now Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

•Evidence: Indian Evidence Act 1872 → now Bharatiya Sakshya Adhiniyam (BSA) 2023

3. Civil Law

•Contract Act 1872 — agreements, offer, acceptance, consideration, breach

•Transfer of Property Act 1882 — movable/immovable property transactions

•Code of Civil Procedure (CPC) 1908 — civil suit procedure

4. Family / Personal Law

•Hindu Marriage Act 1955, Hindu Succession Act 1956

•Muslim Personal Law (Shariat Application Act 1937)

•Special Marriage Act 1954 (inter-faith/civil marriages)

•Guardians and Wards Act 1890

5. Property & Land Law

•Registration Act 1908, Transfer of Property Act 1882

•Land Acquisition Act 2013 (Right to Fair Compensation)

•RERA 2016 (Real Estate Regulation)

6. Labour & Employment Law

•Industrial Disputes Act 1947, Factories Act 1948

•Labour Codes 2019–20 (consolidating 44 labour laws into 4 codes)

•POSH Act 2013 (Sexual Harassment at Workplace)

7. Consumer Protection Law

•Consumer Protection Act 2019 (replaced 1986 Act)

•Three-tier redressal: District → State → National Commission

•E-commerce sellers now covered

8. Intellectual Property Law

•Patents Act 1970, Trade Marks Act 1999, Copyright Act 1957

•IT Act 2000 (cyber crimes, digital signatures)

How to Identify Which Law Applies

Step 1 — Nature of dispute:

•Crime committed → Criminal law (BNS + BNSS)

•Contract broken → Contract Act / civil suit

•Property dispute → Transfer of Property Act / CPC

•Family matter → Personal law of the religion

•Consumer complaint → Consumer Protection Act 2019

Step 2 — Which court has jurisdiction:

•Crime: Magistrate → Sessions Court → High Court → SC

•Civil: Munsiff/Civil Judge → District → High Court → SC

•Consumer: District Commission → State Commission → NCDRC

Step 3 — Remedies available:

•Criminal: FIR → Charge sheet → Trial → Conviction/Acquittal

•Civil: Plaint → Summons → Evidence → Decree → Execution

•Consumer: Complaint → Mediation → Hearing → Order → Appeal

FIR to Judgment: Criminal Complaint Flow

Incident occurs
    ↓
File FIR at Police Station (cognizable offence)
OR Complaint to Magistrate (non-cognizable offence)
    ↓
Police Investigation → Charge Sheet filed (within 60/90 days)
    ↓
Magistrate/Sessions Court takes cognizance
    ↓
Framing of Charges → Plea (Guilty/Not Guilty)
    ↓
Prosecution evidence → Defence evidence
    ↓
Arguments → Judgment
    ↓
Conviction → Sentence   OR   Acquittal
    ↓
Appeal: Sessions → High Court → Supreme Court

Civil Suit Flow: Plaint to Decree

Wrong suffered (contract breach, property dispute, damages)
    ↓
Send Legal Notice (optional but recommended — 60 days for govt)
    ↓
File Plaint in appropriate Civil Court
    ↓
Summons issued to Defendant
    ↓
Written Statement by Defendant
    ↓
Issues framed by Court
    ↓
Evidence by both parties (documents + witnesses)
    ↓
Final Arguments
    ↓
Decree (in favour of Plaintiff or Defendant)
    ↓
Appeal: District → High Court → Supreme Court

Quick Reference: Landmark Cases

Case	Year	Significance

|------|------|-------------|

Kesavananda Bharati v. State of Kerala	1973	Basic Structure Doctrine — Parliament cannot amend Constitution's basic structure
Maneka Gandhi v. Union of India	1978	Article 21 (Right to Life) expanded — includes right to live with dignity
Vishaka v. State of Rajasthan	1997	Guidelines on sexual harassment at workplace (precursor to POSH Act)
Shreya Singhal v. Union of India	2015	Section 66A of IT Act struck down — free speech protection
Navtej Johar v. Union of India	2018	Section 377 IPC read down — consensual same-sex relations decriminalised
Triple Talaq Case (Shayara Bano)	2017	Instant Triple Talaq declared unconstitutional

Frequently Confused Terms

•Cognizable vs Non-Cognizable: Police can arrest without warrant in cognizable offences (murder, robbery). Non-cognizable needs Magistrate's permission.

•Bailable vs Non-Bailable: Bail is a right in bailable offences. In non-bailable, court discretion applies.

•Writ vs Appeal: Writ is filed directly in High Court/Supreme Court for rights violation. Appeal challenges a lower court's order.

•Civil vs Criminal Liability: Same act can give rise to both (e.g., drunken driving causing death → criminal prosecution + civil suit for damages).

Legal Fundamentals — Overview