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| indian legal system book: India's Legal System (R/J) Fali S Nariman, 2017-05-24 An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all. |
| indian legal system book: The Indian Legal System Mahendra Pal Singh, Niraj Kumar, 2019 Présentation de l'éditeur : The proposed book is an attempt to understand the existence of multiple non-state legal traditions despite the presence of a uniform legal system in India. There is a significant gap that exists between the state-legal system and the practices and preferences of people belonging to different communities. In order to understand this structure, the book goes back to the history of legal system in India and tries to identify the reason behind the prevalence of thesealternative modes. It studies some prominent legal systems of pre-colonial India like the Mughals, and further explores the way Indian legality was transformed during the British rule. The study maps the evolution and growth of the common law system in India and takes into account the factors thatcontributed to the strengthening and acceptance of this system. |
| indian legal system book: A People's Constitution Rohit De, 2020-08-04 It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship. |
| indian legal system book: The Indian Legal Profession in the Age of Globalization David B. Wilkins, Vikramaditya S. Khanna, David M. Trubek, 2017-05-23 This book provides a comprehensive analysis of the impact of globalization on the legal profession in India. |
| indian legal system book: Supreme Court of India George Harold Gadbois, 2017 This work seeks to determine the roles played by the paramount judiciary in the Indian polity between 1937 and 1964. The discussion starts with an examination of the Federal Court, the establishment of which in 1937 brought into existence Indias first central judicial institution. The discussion then shifts to the evolution of the Supreme Court of India, which replaced the Federal Court in 1950. After discussing the general features of the new judicial establishment, attention is focused upon the nature of its review powers and the manner in which the Court can exercise these powers. |
| indian legal system book: Crime and Social Justice in Indian Country Marianne O. Nielsen, Karen Jarratt-Snider, 2018-04-10 In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice. Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination. Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives. Contributors Alisse Ali-Joseph William G. Archambeault Cheryl Redhorse Bennett Danielle V. Hiraldo Lomayumptewa K. Ishii Karen Jarratt-Snider Eileen Luna-Firebaugh Anne Luna-Gordinier Marianne O. Nielsen Linda M. Robyn |
| indian legal system book: A Dharma Reader Patrick Olivelle, 2016-10-25 Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished? Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination. |
| indian legal system book: Mastering American Indian Law Angelique Townsend EagleWoman, Stacy L. Leeds, 2019 This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website. |
| indian legal system book: Indian Legal System S. P. Sharma, 1991 |
| indian legal system book: American Indian Law Robert T. Anderson, 2010 This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government and the individual states. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to enliven the classroom experience and enhance student engagement. The second edition includes expanded materials on gaming, international and comparative law, and more photographs, images, and suggestions for links to external sources. |
| indian legal system book: Outlines of Indian Legal & Constitutional History Mahendra Pal Singh, 2006 |
| indian legal system book: The Constitution of India Arun K Thiruvengadam, 2017-12-28 This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics. |
| indian legal system book: Law and the Economy in Colonial India Tirthankar Roy, Anand V. Swamy, 2016-09-20 Since the economic reforms of the 1990s, India’s economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it’s widely acknowledged that India’s legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth? Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth. |
| indian legal system book: Empire of Law and Indian Justice in Colonial Mexico Brian P. Owensby, 2011 Empire of Law shows how seventeenth-century Indian claimants, by litigating and petitioning before Mexico City tribunals, became full participants in an early modern cosmopolitan legality that gave rise to a colonial politics of justice that struggled, with some success, against the utter degradation of subject peoples. |
| indian legal system book: American Indian Sovereignty and the U.S. Supreme Court David E. Wilkins, 2010-01-01 Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the fall in our democratic faith through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism. |
| indian legal system book: Cases and Materials on Federal Indian Law David H. Getches, Charles F. Wilkinson, 1986 |
| indian legal system book: Law and Society in Modern India Marc Galanter, 1992 Though modern Indian law is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien. |
| indian legal system book: Uneven Ground David Eugene Wilkins, K. Tsianina Lomawaima, 2001 In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law. |
| indian legal system book: Race, Religion and Law in Colonial India Chandra Mallampalli, 2011-11-21 How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference. |
| indian legal system book: 10 Judgements That Changed India Zia Mody, 2013-08-15 Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, Ten Judgements That Changed India is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy. |
| indian legal system book: Locating India in the Contemporary International Legal Order Srinivas Burra, R. Rajesh Babu, 2018-06-26 This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India’s role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India’s drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces. |
| indian legal system book: Modern Indian Family Law Werner Menski, 2013-12-16 This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code. |
| indian legal system book: In the Courts of the Conqueror Walter R. Echo-Hawk, 2012 A vital contribution not only to Native American history, but also to American history. |
| indian legal system book: Discretion, Discrimination and the Rule of Law Mrinal Satish, 2017 Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to--Provided by publisher-- |
| indian legal system book: American Indians and the Law N. Bruce Duthu, 2008-01-31 A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history. |
| indian legal system book: The Oxford Handbook of the Indian Constitution Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta, 2016-05-03 The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally. |
| indian legal system book: Handbook of Federal Indian Law Felix S. Cohen, United States. Department of the Interior. Office of the Solicitor, 1971 |
| indian legal system book: Precedent in the Indian Legal System A. Lakshminath, 1990 |
| indian legal system book: The Indian Yearbook of Comparative Law 2019 Mathew John, Vishwas H. Devaiah, Pritam Baruah, Moiz Tundawala, Niraj Kumar, 2021-07-28 This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law. |
| indian legal system book: Tools of Justice Kalpana Kannabiran, 2013-02-01 In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc. |
| indian legal system book: Land and Law in Mughal India Nandini Chatterjee, 2020-04-16 In this innovative, micro-historical approach to law, empire and society in India from the Mughal to the colonial period, Nandini Chatterjee explores the dramatic, multi-generational story of a family of Indian landlords negotiating the laws of three empires: Mughal, Maratha and British. This title is also available as Open Access. |
| indian legal system book: Legal and Constitutional History of India: Ancient, Judicial and Constitutional System Rama Jois, 2004-04 |
| indian legal system book: Environmental Law in Indian Country: to 1:28 William H. Rodgers, 2005 This publication is a guide to understanding the National Environmental Policy Act (NEPA). This publication covers NEPA, the Endangered Species Act, and the Wilderness Act. It focuses on the environmental work of the 562 Indian tribes that play an important role in the environmental arena. The book uses chiefly Indian and tribal cases (162 case studies in all) to illustrate the finer points of NEPA doctrine as it exists in the broader field of Indian law.--The publisher's website. |
| indian legal system book: Courting the People Anuj Bhuwania, 2017-01-16 Studies the politics of Public Interest Litigation (PIL) in contemporary India--Provided by publisher. |
| indian legal system book: Law West of Fort Smith Glenn Shirley, 1957 This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. |
| indian legal system book: Legal Eagles Indu Bhan, 2015 |
| indian legal system book: God Save the Hon'ble Supreme Court and Other Opinions Fali S. Nariman, 2018 |
| indian legal system book: Making Law in Papua New Guinea Bruce L. Ottley, Jean G. Zorn, David Weisbrot, 2021 In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a uniquely Melanesian jurisprudence. After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes-- |
| indian legal system book: Constitutional Developments in India Charles Henry Alexandrowicz, 1957 |
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