India seated in New Delhi, is the highest court

India became an independent democratic republic in 1947
and its constitution, which came into force on 26th November
1949, is the supreme law. India has a common law legal system whose
infrastructure bears the influence of British colonial rule. The constitution
is based on the Government
of India Act 1935 passed by British Parliament. India is
a federation of 28 states and 7 Union Territories. The President is the head of
the Union executive; He acts on the advice of the Union cabinet headed by
a prime minister who is responsible to the parliament of India. The Union and
States have separate executive and legislative branches, whereas the
territories are ruled by the national government. Law generated by
the Union is superior to that of the States.

 The nominal head of the Union
executive is an elected President, but the Prime Minister, leader of
the majority party and head of the Union Council of Ministers, is more
politically powerful. India has a dual Parliament whose upper house
is the Council of
States called as Rajya Sabha and whose lower house is the House of People called
as Lok Sabha. The State executive is headed by a Governor, and while most have
a unicameral legislative body, that it is composed of one legislative body called
the Legislative Assembly, some are bicameral (dual legislative
body) with a Legislative Council as well.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

Apart from the English influence, personal laws are
frequently based on Hindu and Islamic law. Hindu law has been codified and
Islamic law is based on authoritative commentaries and precedents.  

The Indian Judiciary is a remnant
of the legal system established by the British Raj and based on the English
common law. It consists of customs, precedents, and legislature. The Constitution of
India was adopted on 26th January 1950, lays down the law of the land. The
Indian Constitution was drafted with elements from Irish, French, American and
British laws and also adheres to the human rights code set forth by the United

A single integrated system of courts administers
both union and state laws.  The common law system in India is a legacy of
the British where the doctrine of stare
decisis rules. The
Supreme Court of India, seated in New Delhi, is the highest court in the entire
judicial system. Each state, or a group of them, has a High Court, which
is also a court of record and exercises administrative control over the
subordinate judiciary. It too has the power to issue the exercise of
extraordinary jurisdiction and is the legal proceeding court from decisions of
the lower courts in the state.