Indian Legal History-Brief Introduction


Ancient civilization like us have very very long legal history. This goes back to as back as 2500 B.C (Yes, 4500 year back)

Vedas, Upnishads, Smritis, Shastras and various commentary on various moral, philosphyical subjects have been in existance.

Manusmirit dealt with many subjects such as inheritance,marriage, contracts etc.

Most of the law have their roots in customs and usage(even today) and vary based on place, caste, language etc.Modern personal law still in most part is based on customs. We know as recently the practice of triple talaq banned by our supreme court.

After Turks-Sultanate-Mughal invasion and during their regime, Islamic law been applied(Simplistic view).

Modern Legal System has it's root at the advent of English Legal System in India after East India Company Arrived in 1600.This is typically consist of legal history syllabus in Law course.Modern Legal history is intrinsically linked with national movement for independence by us. Remember Civil Disobedience Movement ? Government of India, 1935 Act passed which granted provincial autonomy(Meaning some provinces/regions can be run by Indians)

Study of legal history can again be divided into history of courts, history of legislature, constitutional history , history of legal profession etc.(Divide and study)

History of courts involves

1) Court and legal system in settlement ( In Surat, Madras, Mumbai, Calcutta) till 1772
2) Regulating Act,1773(Supreme Court in Calcutta) and Warren Hastings Plan (1772-1773)
3) Mr. Cornwallis' Judicial Reforms
4) Privy Council and Later development
5) Supreme Court/High Courts as we know today.


History of Legislature

1) Earlier Charters, Indian Council Acts.
2) Minot-Morley reforms (1909 during Bengal division)
3) Government of India Act, 1919.
4) Government of India Act, 1935
5) Constituent Assembly, Constitution.

Like the development of courts and legislature, legal profession also developed, from pre-British era to current day Supreme Court, judges, lawyer etc.

One important aspect is each of these development took place in certain historical context vis-a-vis our freedom movement. It's important to have basis understanding of general history and our struggle of independence to understand legal history.

Thanks.
 (www.legalfundaa.in)

(Please report any inaccuracies in comment section)





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