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It is no use maintaining a judicial machinery if it is beyond the means of an average citizen to take recourse to it when he suffers a wrong. Legal aid enables the needy and poor litigants to obtain justice. The Law Commission in its 14th Report observed that unless some provision is made for assisting … Read more
The institution of Lok Adalats (a para-judicial institution) falls within the broad ambit of legal aid. Lok Adalats (people’s courts) have been characterised as constituting “people’s programme for speedy justice”. A Lok adalat is not a court strictly speaking. These adalats are organised by public spirited social workers. The lok adalat judges come from amongst … Read more
The village panchayats had existed in our ancient legal system but gradually they lost their prestige and importance. During British period, some efforts were made to revive (e.g. Village Courts Act of 1888 which created panchayat courts for petty matters) it, however, the efforts were not sufficient. It is only after the independence that full … Read more
The present judicial system in India is set in a hierarchical pattern. At the top is the Supreme Court, then come the High Courts, one in each State. Below the High Court, there is a network of subordinate civil and criminal courts in each State. The administration of justice, constitution and organisation of all courts, … Read more
The most important thing which the First Law Commission did was the lex loci report in which it proposed an Act making a declaration that except Hindus and Muslims all others (such as Christians, Anglo-Indians, Parsees, etc.) in mofussil should be put under English substantive law as much as it suited to Indian conditions. The … Read more
The tribal communities are not above the State law. But for all practical purposes they are governed by complex regimes customary law, administered by community dispute institution. Each tribal group has its own type of legal system. While some tribes have ad hoc or temporary dispute institutions, others have permanent institutions. The Apa Tanis tribes … Read more
Both the Hindu and Muslim systems of law had a religious conception of law in the sense that they were ultimately supposed to have been based on revelation and that the law bound the kings, judges and the subjects. The Muslim law was commandment of God and the sovereigns in the Muslim States were regarded … Read more
The Hindu jurisprudence or the legal system (Vyavahara Dharmasastra) is embedded in Dharma as propounded in the Vedas, Puranas, Smritis, etc. Dharma pervades throughout the Hindu philosophical thought, and the Hindu social structure. Law is, in this sense, considered as a branch of Dharma. Dharma It is most difficult to define dharma. For the students … Read more
The part of a case that is said to possess authority is the ratio decidendi, i.e., the rule of law upon which the decision is founded. What the doctrine of precedent declares is that cases must be decided the same way when their material facts are the same. Thus ratio decidendi of a case can … Read more