Structure of Indian Legal System and Business Management and Jurisprudence

 In Non classé

During the reign of the Mughal Empire, Mahakuma-e Adalat was found to bring justice to the people. The Qur`an, Sunnah and Hadis, Ijma and Qiyas were the main sources of Muslim law. Fiqh-e-Firoz Shahi and Fatwai-i-Alamgiri were the principles of the trial. The hierarchy of the judicial system has been classified into: [2] Madhavamenon N.R., « Our legal system », Legal Aid Newsletter, November 1982. India has a recorded legal history that begins in Vedic times, and some sort of civil justice system may have existed during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. From the Vedas, Upanishads and other religious texts, it was a fertile field enriched by practitioners of various Hindu philosophical schools and later by Jains and Buddhists. One of the biggest challenges facing the Indian judicial system is delaying cases. The main cause of the wait is the increasing number of new cases and the slow pace at which they are resolved. As of May 2022, more than 4.7 billion lawsuits were pending in courts at all levels of the judiciary.

Nearly 1,82,000 cases have been pending for more than 30 years, of which 87.4 per cent have been pending in the lower courts and 12.4 per cent in the higher courts. According to the Department of Justice`s National Judicial Data Grid database, courts saw a 27% increase in wait times between December 2019 and April 2022. Currently, there is not enough judges available to resolve disputes. Statistics from the Ministry of Justice show that there are 400 vacancies with a staff of 708 as of June 2022 for judges of the Supreme Court of India and the Supreme Court, which is not enough to fill the backlog of pending cases in India. The Indian judicial system is divided into several levels to decentralize and deal with basic problems. The basic structure is as follows: « The word `law` often refers only to rules and regulations; However, a line can be drawn between the rules and regulations themselves and the structures, institutions and processes that breathe life into them. This broad area is the « legal system ». [32] The Constitution of India of 1950 is the most important law dealing with the framework of codes, procedures, fundamental rights and duties of citizens and powers, and the duties of government. Indian laws are interconnected and form a hybrid legal system.

The classification of laws in the Indian judicial system: India has an organic law resulting from the common law system. Through court decisions and legislation, this has been adapted to Indian conditions. The movement of the Indian legal system towards a paradigm of social justice, although independent of each other, can be seen as a reflection of changes in other jurisdictions with a common law system. From an artifice of colonial masters, the Indian legal system has become an integral part of the world`s largest democracy and a decisive front in the struggle to guarantee the constitutional rights of every citizen. [22] With this introductory warning, the effort to describe the legal system of ancient India was made after the Artha-shastra of Kautilya, who is generally recognized as the prime minister of the first Maurya emperor (322-298 BC), the empire was divided into administrative units called Sthaniya, Dronamukha, Khrvatika and Sangrahana (the ancient equivalents of modern districts, tehsilsandParganas). Sthaniya was a fortress in the center of eight hundred villages, a dronamukha in the middle of 400 villages, a kharvatika in the center of 200 villages and a sangrahana in the center of ten villages, courts were established in each sangrahana and also at the meeting places of the districts (Janapadasandhishu). The court was composed of three jurists (dhramastha) and three ministers (amatya). The separation of powers is divided into 3 branches, legislative, executive and judicial, each with its own powers and responsibilities.

The ultimate goal of the separation of powers is to prevent the abuse of power by a government agency. This model of separation of powers is called trias politica. The idea of this system is inspired by Montesquieu`s model in De l`esprit des Lois, 1747. In India, the separation of powers is nowhere mentioned rigidly, but is found in parts of the Indian constitution. The details of the three branches are as follows: India`s judicial system regulates the interpretation of laws and codes, as well as the settlement of disputes, and promotes fairness among the country`s citizens. In the hierarchy of courts, the Supreme Court is at the top, followed by the high courts and district courts.

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