The Indian Legal System

Description

The contemporary Indian legal system owes its origin predominantly to the English common law system. Although this system ushered modernity in India, it has failed to perform optimally on several counts owing to its significant incompatibility with existing Indian traditions. Taking into account indigenously created and evolved legal apparatuses, this volume examines all aspects of the Indian legal system in the context of historical, sociological, and anthropological realities of society. The establishment and growth of common law in India introduced a certain kind of dominant legal apparatus, significantly transforming the understanding of India’s legal plurality. The existence, however, of multiple non-state legal traditions challenges the singular identity of the Indian legal system. Postulating that legal systems cannot be seen or studied in isolation from the cultures of groups whose affairs they regulate, The Indian Legal System explores the preference for non-state legal practices among several communities in India, despite the existence of a formal state legal system. About the Author Mahendra Pal Singh is professor emeritus, University of Delhi (DU), India, and currently chair professor, Centre for Comparative Law, National Law University, Delhi, India. Niraj Kumar is assistant professor at National Law University, Delhi, India.

Table of contents

List of Tables and Figures

List of Statutes

List of Cases

Foreword by Upendra Baxi

Preface

Acknowledgements

Summary of Arguments

Introduction

1. Tracing the History of the Legal System in India
2. Historical and Contemporary Deviations from the

State Legal System in India

3. Examples of Alternative Legal Systems in India
4. Conclusion

Appendix I: Index of Cases Illustrating Judicial Engagement with Customary Law in India

Appendix II: State Profiles Indicating Reliance on Traditional, Non-state Legal Systems

Bibliography

Index

About the Authors and Researchers