The Indian Legal System paper introduces the structure, sources and institutions of law in India — essential foundational reading for 1st year LL.B. students.
Sources of Indian Law
India follows a common law system inherited from British colonial administration, layered over indigenous Hindu and Muslim personal law traditions. The primary sources are: the Constitution of India (1950), parliamentary and state legislation, subordinate/delegated legislation, judicial precedent, and custom.
Court Hierarchy
India has a unified, integrated judiciary: the Supreme Court of India sits at the apex (Article 124), below it 25 High Courts (Article 214) each with territorial jurisdiction over one or more states/UTs, and below that the subordinate civil and criminal courts (District Courts, Sessions Courts, Magistrate Courts) governed by the Code of Civil Procedure and the Code of Criminal Procedure (now BNSS).
Doctrine of Precedent
Article 141 makes Supreme Court decisions binding on all courts within India. High Court decisions bind subordinate courts within their own territorial jurisdiction but are only persuasive on other High Courts. “Ratio decidendi” (the binding reasoning) is distinguished from “obiter dicta” (incidental observations, not binding).
Legal Profession and the Advocates Act, 1961
The Bar Council of India (BCI) regulates legal education and the legal profession under the Advocates Act, 1961. State Bar Councils enrol advocates; a practitioner must clear the All India Bar Examination (AIBE) after enrolment to receive a Certificate of Practice.
Alternative Dispute Resolution
Section 89, CPC empowers courts to refer disputes to arbitration, conciliation, mediation or Lok Adalat. The Arbitration and Conciliation Act, 1996 (amended 2015, 2019) governs arbitration in India; the Legal Services Authorities Act, 1987 establishes Lok Adalats for compromise settlement of pending and pre-litigation disputes.
Key exam questions to prepare
- Explain the hierarchy of courts in India with their jurisdiction.
- What is the doctrine of precedent and how does Article 141 operate?
- Role of the Bar Council of India in legal education.
More: all LL.B. subject notes
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
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