NCJ Number
78812
Date Published
1981
Length
60 pages
Annotation
India's judicial and legislative systems and legal profession are described.
Abstract
India's present judicial structure began with the gradual introduction of the British common law concept to replace the former courts which dealt only with law based on Indic and Islamic religious books. The current organization of the judicial system can be traced to the establishment of a court of record called the mayor's court and a court of record in the nature of the court of terminer and jail delivery. These were formed in 1726 by a charter granted by King George I of England. India's Supreme Court is the highest court of appeal, comparable to the U.S. Supreme Court. Under the Supreme Court are the State high courts, whose judgments are reviewable by the Supreme Court. These two courts are established under the Constitution; however, at the district level, district and sessions judges are constituted under the respective State laws. The district court is the principal court of the original jurisdiction in the district. All subordinate courts function under the district judge. India's legislative system is a democracy in the form of a union of 22 States and 9 union territories, the latter being administered by the central government. In 1961, legislation was enacted that made sweeping changes in the law defining the structure and role for legal practitioners. Among other provisions, it provides for the establishment of an All-India Bar Council and a common roll of advocates, with an advocate on the common roll having a right to practice in any court and in any part of the country. A total of 77 footnotes and 24 bibliographic listings are provided.