Origin of Indian Law 

    

HI, everyone! 

Greetings of the day! 

This is my first blog for my “Trozen  Law Blog”. So, let's start with the topic” Origin of Indian Law”.  

 Most of you don’t know, how did the law come into existence in our Indian society and how did the law take root in Indian soil? So, read my blog till the end and be prepared to get amazing information about Indian Law. 

 Let’s take a wonderful look at the origins of our Indian Law in simple word- 

 I have divided Origin of Indian law into three time periods, for better understanding. Which are as follows- 

• Law in Pre-British period/ Law in ancient India 
• Law in British ruled India 
• Law after Independence of India/ Modern Indian law 

 Let see the detailed description of each point. 

1.Law in pre-British period-

This period was known as a time of king’s time or time of monarch. Where, king had the right to make laws for the people/Praja of his country. And this law was based on the religious and cultural practices of Hindus and Muslims. 

In ancient India people feared to God. That is why, they were following fair and customary law. Basically, law in India evolved from religion and culture. Law varied from religion to religion and from ruler to ruler, and it all happened because of the diversity in cultures. Our ancient law existed in India from 321- 185 BCE to the end of the 16th century. 

 

 

 

2.Law in British ruled India- 

The common law system came with British East India Company. The company was chartered by King George -I in 1726 and established mayors court in Madras, Bombay, Calcutta. After getting victory in battle of Plassey by 1772 company’s court expanded out from the three major cities. The east India company slowly replaced the Hindu law and Muslim law. 

After the first war of independence in 1857, the control of the east India company territories in India passed to the British crown. And large legal system was created.  

The crown established the first law commission in India in 1834 under the charter act 1833. In 1835 Lord Macaulay was appointed as chairman of the first law commission. Coding of law also began in earliest with the forming of first law commission. Lord Thomas Babington Macaulay drafted the Indian penal code and brought into force in 1862. The code of criminal procedure, Indian evidence law 1872, Indian contract act1872, the transfer of property act 1882 was also coded by the same commission. 

 Commission established Supreme Court, high court, administrative courts and replaced mayors court from  Indian colonies. Advocates came into regimen and followed the suit and cases. The British Colonization Is big reason of revolution of Indian law. 

 

3.Law after the Independence of India/ Modern Law in India- 

After the Independence of India, in 1955, the first law commission was established and Mr. M. C. Setalvad was appointed as first attorney General of India. since, then 21 or more law commission have been established each with 3-year term. 

On August 29,1947, the constituent assembly set up a drafting committee under chairmanship of Dr. B. R. Ambedkar. And this Assembly coded /drafted Indian Constitution. Art.372 for the laws , their adaption and for the amendment of the constitution Article 368 is provided under Indian Constitution.  

So, this is the short information about our Indian law and its revolution.

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Tada....!