Indian Legal System
Guru Gobind Singh Indraprastha University · LL.B. Semester 1 · LLB 101
Unit I — Early Developments (1600-1836)
a. Charters of the East India Company of 1600 and 1661and Early Settlements in Surat, Madras and Bombay · b. Introduction of Authoritative and Uniform Judicial Pattern (1726-1773) Mayor’s Court of 1726 and Establishment of Supreme Court in Cacutta under the Regulating Act,1773 and the cases of Raja Nand Kumar, Kamaluddin, Patna, and Cossijurah; The Act of Settlement 1781 · c. Establishment of Adalat System: Warren Hastings’s Judicial Plans of 1772, 1774 and 1780; Lord Cornwallis’s Judicial Plans of 1787, 1790 and 1793; Lord William Bentinck’s Judicial Reforms
- Administration of Justice in the presidency Towns and Development of courts under East India Company (1600–1773)
- Period from 1600–1726, Establishment of Mayor's Court (1726)
- Changes introduced by the Charter of 1753, Warren Hastings Plan of 1772, Reforms
- Regulating Act of 1773: Provisions of the Act, Establishment of Supreme Court at
- Settlement Act of 1781
- Judicial Reforms of Lord Cornwallis — Judicial Plan of 1787, Judicial Plan of 1790, Judicial Plan of 1793, Progress of Adalat System under Sir John Shore
- Charter of 1600
Unit II — Evolution of Laws and Legal Institutions
a. The great debate on the introduction of the English Laws in India: The Whigs, The Paternalists and the Utilitarians and the Codification of Laws: Charters of 1833 and 1853 · b. Establishment of High Courts under the Indian High Courts Act,1861,The Indian Councils’ Act, 1861 · c. Privy Council and Federal Court: An Appraisal · d. Development of Legal Profession and Law Reporting · e. The Government of India Acts,1909, 1919 and1935, the Indian Independence Act, 1947
- Charter of 1813 &1833
- Indian High Court Act1861, High Court under GOI Act 1915, High Court under GOI Act 1935
- Indian Council Act of 1861, 1892 & 1909
- Government of India Act, 1919 & 1935
- Indian Independence Act, 1947
- Judicial Committee of the Privy Council
- Appeals to Privy Council between 1726–1860, Appeals to Privy Council between 1861–1949
- History of Legal Profession
- Law Reporting in India
Unit III — Law: Concept and theories
a. Definition of Law by various thinkers: John Austin, Bentham, H.L.AHart, Savigny, Sir Henry Maine, Roscoe Pound, Ehrlich, L.L.Fuller · b. Concept of law under Article 13 of the Constitution of India · c. Functions of Law · d. Law, Justice and Morality i. Concept of Justice and its kind ii. Concept of Morality: Social Morality and Constitution almorality iii. Nexus between law and morality · e. Classification of Laws: i. Municipal and International Law ii. Public and Private Law iii. Substantive and Procedural Law iv. Civil Law and Criminal Law v. Common law and Civil Law
Unit IV — Sources of Law
a. Custom i. What is custom? Kinds of customs ii. Essentials of a valid Custom to become a law · b. Precedent i. Concept of Precedents ii. Types- a) Authoritative and Persuasive b) Original and Declaratory iii. Difference between Custom, Precedent and Legislation · c. Legislation i. Legislation and kinds of legislation ii. Delegated legislation and its Kinds iii. Reasons for growth of Delegated iv. Legislation and its permissible limits in India