An Analysis Of The Relationship Between Common Law And Civil Law In India
- IJLLR Journal
- Apr 25, 2023
- 1 min read
S M Naveen, B.B.A. LL.B. (Hons), Alliance School of Law, Alliance University
Introduction
Common law and civil law are two legal systems that have shaped legal frameworks across the world. Both systems have their strengths and weaknesses and have influenced legal systems around the world, including in India. India has a unique legal system that is a blend of common law and civil law traditions. The Indian legal system was established during British colonial rule and has evolved over time to incorporate both common law and civil law principles. In this article, we will explore the relationship between common law and civil law in India, examining their historical development, their impact on specific areas of law, and the coexistence of both legal systems within the Indian legal framework.
Common Law and Civil Law in India
Common law is a legal system that has evolved from the English legal system. The common law system is primarily based on judicial decisions and precedents set by judges in previous cases. In this system, judges have a great deal of authority to interpret laws and make decisions, and their decisions can be binding on future cases. This means that common law is constantly evolving and adapting to changing circumstances. Common law in India has its roots in the British legal system. During the colonial period, British judges and lawyers introduced the common law system to India, which was subsequently adopted by the Indian legal system. The common law system in India is primarily based on judicial decisions and precedents, and judges have a great deal of authority to interpret laws and make decisions based on previous cases.
