25 ,June 2024
The legal system is a set of rules and regulations that keep society functioning smoothly and peacefully. In addition to ensuring that social and economic exchanges are handled efficiently and peacefully, the legal system also protects the rights and obligations of both people and groups. In essence, laws act as the main arbitrator in interpersonal disputes.
Every nation and state has a unique legal structure. Different categories of law make up the legal system and serve as the foundation for how we interpret and administer justice. Some of the common types of law are the constitution, common or case law, statutory law, equity law, civil law, criminal law, and administrative law. Apart from these, there are a few other laws such as admiralty law, bankruptcy law, banking & finance law, etc.
In this section, we have discovered the different fields of law that you may want to pursue both before and after your law study.
The Indian Constitution, which was approved by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, serves as the Republic's legal framework. The Constitution establishes a federal Parliamentary system of governance with some unitary elements.
The Indian Constitution, with its 470 articles, 12 schedules, 105 amendments, and 117,369 words, is the longest written constitution in the world. According to the online repository maintained by the Legislative Department of the Ministry of Law and Justice, Government of India, as of March 2024, there are around 893 Central laws.
Constitutional law, the highest form of legislation, lays forth the fundamental values and regulations that guide a country or state. It establishes the parameters for the legal system, protects individual rights, and specifies the authority and bounds of the several branches of government. As the highest body of legislation in a given jurisdiction, a constitution serves as the basis for all other laws.
The term "statutory law" is frequently used referring a group of laws, such as the criminal and civil codes. Laws are typically seen as regulations that have been put into place by the governing authority to protect the legal system and to impose penalties for violations of the law. The primary goals of applying statutory law are to ensure that the general public receives justice and to reduce the likelihood of harm from the outside world emerging. The laws passed by legislative action set this legal system apart from the common law.
Some different statutory laws include Civil Procedure Code 1908, Indian Penal code (1860), Government of India Act (1919), Motor vehicle act (1988), Indian Contract Act (1872), Right to Information Act (2005), and Criminal Procedure Code (1973).
A civil law deals with the legal rules governing personal affairs. Additionally, it is an incredibly exhaustive branch of law covering contract law, property law, tort law, family law, etc. For example, contract law, which deals with the creation, enforcement, and redress of contract violations; family law deals with marriage, child custody, divorce, inheritance, and maintenance. Property law focuses on rights and obligations related to the ownership, possession, and transfer of property. Consumer protection law protects consumer rights and settles disputes between consumers and businesses.
Property law falls under the branch of civil law that specially deals with citizens' property. It sets down the limitations that apply to citizens with regard to the property of others as well as their rights regarding the use or transfer of their own property. Real and personal property are the two main categories of property. Moveable and tangible (or intangible) assets like cars, furniture, stocks, and so on are referred to as personal property. The term "real property" describes immovable properties such as buildings, land, etc.
The Indian Contract Act of 1872, Transfer of Property Act of 1882, the Indian Easement Act of 1882, and other laws are some of the ones that govern property law in India.
Family law is one of the many laws that make up India's very complex legal system. In India, it refers to the wide variety of laws that control matters pertaining to families, including inheritance, marriage, and divorce. Some legally enforceable rights and responsibilities arise when one gives the status of interpersonal interactions legal validity. India has a variety of family laws, including Indian Christian Marriage Act 1872, Hindu Marriage Act, 1955, Muslim Women (Protection of Rights on Divorce) Act, 2019, Dissolution of Muslim Marriages Act, 1939, etc.
The criminal law deals with crime. It requires behavior that is deemed to be dangerous, damaging, or in any way dangerous to one's own health, property, safety, or welfare. The majority of criminal law is established by statute, meaning that legislators enact the laws. People who break these laws are subject to punishment and rehabilitation under criminal law. Criminal law varies from jurisdiction to jurisdiction and is not the same as civil law, which places more of a focus on victim compensation and dispute settlement than it does on punishment or rehabilitation.
One essential and timeless aspect of Indian law is equity. It is made up of judicial maxims, theories, and guiding principles that transcend the constraints and rigidity of strict legal standards to enhance statutory law. Due to the influence of numerous legal systems, including English common law, Islamic law, Hindu law, and indigenous customs, the idea of equity has changed significantly over time in India. In India, equitable remedies often involve specified performance, constructive trust, and injunctions. Protecting individual rights and lessening the severity of common law rules both depend on equity. It considers the particulars of each case in an effort to strike a fair balance within the legal system.
The legal framework governing administrative actions is known as administrative law. It establishes the responsibilities, structure, and authority of administrative authorities. It covers laws pertaining to the quasi-judicial role of administrative agencies, the authority of administrative bodies to make rules, the ability of regular courts to monitor administrative authorities and the legal responsibility of public authorities. It controls the executive and makes sure the public is treated properly by the administration.
One area of public law is administrative law which addresses the way in which a person interacts with their government. It establishes the composition and hierarchical structure of the quasi-judicial and administrative agencies that uphold the law. It mainly addresses official actions and protocols and establishes a control system to ensure administrative agencies operate within legal boundaries.
There are two meanings for the term "common law." Unlike laws created by statutes or written legislation, the common law is the body of law derived from court decisions. A common law system is one that derives its jurisprudential authority not from statute laws but from the theory of judicial precedent, which holds that subordinate courts are obligated to obey the rulings of their superior courts.
Common law is the term used to describe law and the related legal system that were created by court rulings and other comparable tribunal decisions as opposed to legislative acts or executive orders. Courts develop and hone the common law; a decision in an ongoing case influences the law that will be applied in subsequent cases based on precedent.
In the end, the different fields of law have been discussed above which support our legal system all over the globe. Each branch of law plays a vital role in offering order and justice whether it is constitutional law which mainly creates governmental boundaries and fundamental principles to common and statutory law which plays a vital role in delineate particular rights and responsibilities. When we talk about the civil law, it generally governs property rights and personal affairs whereas criminal law deals with the offenses against the society. However, together all these types of law create a unified and solid legal aspect that protects an individual’s liberties and also promotes societal harmony.