India · Overview
The legal system of India
A common-law system inherited from British India, governed by the world’s longest written constitution, with religion-based personal laws in marriage and succession and an exceptionally activist Supreme Court exercising public interest jurisdiction.
Legal tradition
India belongs to the common law with personal-law pluralism tradition. A common-law system inherited from British India, governed by the world’s longest written constitution, with religion-based personal laws in marriage and succession and an exceptionally activist Supreme Court exercising public interest jurisdiction.
How power is divided
Parliamentary federalism with subjects distributed across Union, State and Concurrent Lists; judicial review is entrenched, and writ jurisdiction under Articles 32 and 226 is broad.
Where law comes from
- Constitution
- Supreme; amendable under Article 368 subject to basic structure.
- Central and State legislation
- Allocated by the Seventh Schedule lists.
- Judicial precedent
- Supreme Court decisions bind all courts under Article 141.
- Personal laws
- Hindu, Muslim, Christian and Parsi law in family matters.
- Customary law
- Recognised where ancient, certain and not unreasonable.
The legal profession
A single fused profession of advocates enrolled with State Bar Councils under the Advocates Act 1961, subject to the All India Bar Examination.
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