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Overview

India

Subject: History

The world's largest democracy has a rich and diverse culture. Now, it is also achieving more rapid economic growth India's vast territory can be divided into three main regions ...

Public Interest Litigation In India

Public Interest Litigation In India   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,983 words

...Interest Litigation In India . Access to justice has been an intrinsic problem in India, a state of more than a billion people. This has necessitated procedural innovations in a democratic and plurality-conscious legal system in which the judiciary is expected to play a pivotal role in preventing and remedying injustice and the abuse of power. Some sections of India's judiciary, alert to such problems, have since about 1980 liberated themselves and their legal system from the shackles of Western positivist thought in order to improve access to justice....

India from Indira Gandhi's Emergency

India from Indira Gandhi's Emergency   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
9,017 words

...changing legal scenario. Basu, Durga Das . Human Rights in Constitutional Law . New Delhi, India: Prentice-Hall, 1994. Provides a comparative analysis of the place of fundamental rights in the Indian constitution. Baxi, Upendra , ed. The Right to Be Human . New Delhi, India: Lancer International and India International Centre, 1987. Twelve essays address issues of discrimination and violence. Chatterjee, Partha , ed. State and Politics in India . New Delhi, India: Oxford University Press, 1997. Fifteen articles survey and analyze political institutions and...

India from Indira Gandhi's Emergency

India from Indira Gandhi's Emergency  

Unbounded optimism and expectation existed when India became an independent nation on 15 August 1947, after nearly 150 years of British rule. It was widely assumed that because colonial rule ...
Public Interest Litigation In India

Public Interest Litigation In India  

Reference type:
Overview Page
Access to justice has been an intrinsic problem in India, a state of more than a billion people. This has necessitated procedural innovations in a democratic and plurality-conscious legal system ...
Indian Subcontinent

Indian Subcontinent   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
7,545 words
Illustration(s):
1

...study. Devadason, E. D. A Hand Book on Christian Law . Madras, India: Development Services India, 1988. A study on minority laws. Ninan, K. T. Law Relating to Christians in Kerala . Kottayam, India: Author, 1978. An overview of the law, partly outdated now. Prasada Rao, Kande . Law Applicable to Christians in India: Marriage and Matrimonial Causes . Delhi, India: Universal Law, 2003. An evaluation of the efforts toward legislative reforms in matters of Christian law in India. Zafar, Emmanuel . Law Relating to Christian Divorce in Pakistan ....

Fundamental Duties

Fundamental Duties   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,020 words

.... In India, the performance of one’s duties always has been recognized as important. It is a fallacy to think that before 1976 there were only rights and no duties under the Constitution of India. In fact, the provisions of Part IV, dealing with Directive Principles of State Policy, enable the legislature to impose various duties on citizens. The mandate of the Constitution of India is to build a welfare society; that object may be achieved to the extent that the Directive Principles are implemented by legislation. Part IV-A of the Constitution of India (...

Hindu Nationalism

Hindu Nationalism   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,169 words

...protecting India's policy of secularism and thus preventing the Hindu majority from becoming an oppressively dominant entity able to establish a Hindu nation ( rashtra ). Marked by “unity in diversity,” postcolonial India has continued to prosper because of respect for polycentric pluralism that transcends Hindu/non-Hindu boundaries. Electoral politics and a tendency toward copying Western legal history and methods of lawmaking suggest at times that using Hindu nationalist ideology may offer political advantage. Indeed, in 1996 , India had for the first...

Jones, William

Jones, William (1746–1794)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
634 words

...( 1782 ). These legal credentials, firmly grounded in the common law, led to an appointment at the Calcutta Supreme Court in 1783 . His interest in India predated his arrival and, unlike many contemporaries, he was not disappointed at what he found, seizing the opportunity to develop his Persian linguistic skills and legal interests, as Persian was still the main administrative language in East India Company administration. Soon Jones prepared a memorandum stressing that “any system of judicature affecting the natives of Bengal and not having for its...

Fundamental Rights

Fundamental Rights   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,862 words

...This shows that human-rights jurisprudence in India has now acquired full constitutional status and fundamental rights are given a full interpretation to try and make them meaningful to all people. [ See also Constitutional Law, subentry on India ; Indian Subcontinent, subentry on An Overview of Indian Law ; and Public Interest Litigation .] Bibliography Austin, Granville . The Indian Constitution: Cornerstone of a Nation . Bombay, India: Oxford University Press, 1972. Bakshi, P. M. Constitution of India . New Delhi: Universal Law Publishing Company,...

Rājaśāsana

Rājaśāsana   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
591 words

...the Period of Transition to the Middle Ages . Bombay, India: Oxford University Press, 1959. Somewhat dated and idiosyncratic, but still one of the best expositions of the relationship of political and legal ideas in ancient India, including the role of royal decrees. Lingat, Robert . The Classical Law of India . Translated by J. Duncan M. Derrett . Berkeley: University of California Press, 1973. This remains the most influential statement of the relationship of rulers and law in classical and medieval India. Donald R. Davis,...

Manusmriti

Manusmriti   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
569 words

...to Manu , the son of the creator god, and the first human, a text commonly called Manusmriti , is the most celebrated and best-known legal text of ancient India. By about the middle of the fifth century c.e. , Manu was viewed as the supreme authority in legal matters, and views contradicting Manu were taken to be invalid. Manu, however, was not the first author of a legal text in ancient India. The earliest extant legal texts predate the Manusmriti by three to four centuries and were written in aphoristic prose called sūtra . Four such codes,...

Colebrooke, H. T.

Colebrooke, H. T. (1765–1837)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
593 words

...the Board of Directors of the East India Company, Sir George Colebrooke. Young Colebrooke secured a writership in the company and left for India in 1783 . Even though he initially learned Sanskrit to study Indian mathematics and astronomy, and eventually published groundbreaking books and articles on every aspect of Sanskrit literature, his fame is primarily based on his work in the field of Hindu law. After initial appointments as assistant collector and collector, Colebrooke moved to the judicial branch of the East India Company at Mirzapur (near Banaras)...

Hastings, Warren

Hastings, Warren (1732–1818)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
906 words
Illustration(s):
1

...in the British East India Company's new province of Bengal, Warren Hastings had a formative role in shaping the judicial system of early British India. At the end of his career he was to be prosecuted by the process of impeachment. The seven-year trial was something of a landmark in British legal history: it did much to discredit further resort to impeachment. Hastings's authority in Bengal, in 1772 as governor and from 1774 to 1785 as governor-general, formally rested on a grant made by the Mughal emperor in 1765 to the East India Company of the office...

Parsi Law

Parsi Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,048 words

...with an important presence in India, Parsis (also called Zoroastrians) are today a global community. Although numerically insignificant, this community made its mark in commerce, industry, science, art, law, and social reform during colonial and postcolonial India, and their customs received formal legal recognition as a separate personal law. In 636 c.e. , following the Arab invasion of Persia, many Parsis fled in boats to escape persecution, carrying their sacred fire with them. They landed in Gujarat on the west coast of India, where a local ruler granted...

Personal Law and General Law

Personal Law and General Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,299 words

...Women's Rights in India . New Delhi: Oxford University Press, 1999. A leading and balanced feminist analysis. Bagga, V. , ed. Studies in the Hindu Marriage and the Special Marriage Acts . Bombay, India: N. M. Tripathi, 1978. An older study of the scope for legal uniformity in India. Derrett, J. Duncan M. The Death of a Marriage Law: Epitaph for the Rishis . Durham, N.C.: Carolina Academic Press, 1978. A realistic assessment of the effects of legal modernization in India. Derrett, J. Duncan M. Hindu Law, Past and Present . Calcutta, India: A. Mukherjee,...

Kane, P. V.

Kane, P. V. (1880–1972)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
611 words

...gave him an honorary fellowship in 1952 . Independent India honored him with the Bharat Ratna, the highest civilian honor under the Constitution of India, in 1963 . His main areas of interest within Indology were the study of Sanskrit and dharmaśāstra . His History of Dharmaśāstra , a monumental work of five volumes with more than 6,500 pages, first published between 1930 and 1962 , constitutes an authoritative and encyclopedic treatment of the religious and civil law of ancient and medieval India and remains a standing testimony to his profound...

Marumakkathayam

Marumakkathayam   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
570 words

...on Hindu Law . ] Bibliography Aiyar, P. R. Sundara . A Treatise on Malabar and Aliyasanthana Law . Revised by B. Sita Rama Rao. Madras, India: Madras Law Journal Office, 1922. Logan, William . Malabar Manual . Translated by T. V. Krishnan . Kozhikode, Kerala, India: Mathrubhumi Printing and Publishing Company, 1993. Variar, K. Sreedhara . Marumakkathayam and Allied Systems of Law in the Kerala State . Ernakulam, India, 1969. Sebastian...

Naga Law

Naga Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
601 words

...known about the customary laws of the tribal people of India and their systems of settling disputes generally, let alone specifically about Naga law. Traditional authorities and tribal chiefs in northeastern India remain often secretive and keen to retain their powers. Over time, latent feelings of dissatisfaction have led to much-debated reorganizations and the creation of various separate states, reflecting continued tribal jealousies and apprehensions. In tribal courts, the general provisions of India's Civil and Criminal Procedure Codes do not apply, but...

ArthaŚĀstra

ArthaŚĀstra   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
585 words

...of learning ( śāstra ) dealing with statecraft and the acquisition of power and wealth ( artha ) in classical India and the name of a specific text attributed to Kauʿalya, a legendary minister of the Mauryan king Candragupta, dated, most likely, to the early centuries c.e . Manuscripts of the Arthaśāstra , discovered only in 1905 , forced a thorough revision of the highly spiritualized earlier academic views of political power in classical India because of the Machiavellian quality of the text. The strong image of secular statecraft in the text depends,...

Dharma

Dharma   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,116 words

...respected and perhaps the most powerful judiciary in the world, as India did not copy the British model of parliamentary sovereignty but allowed judges the final word through judicial review. This could happen because India's traditional legal culture holds the interpreters of laws higher than the formulators and executors of laws. In this sense, dharma still reigns supreme in India, but judges have been averse to formulating governance in terms of dharma and feel constitutionally bound by India's secular philosophy. However, in a recent judgment, criticizing...

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