The Indian Legal System: An Enquiry

by Mahendra Pal Singh, Niraj Kumar

Overview

Legal, anthropological, and historical literature acknowledges the undisputed presence of multiple legal traditions in India. However, the existence of uniform laws applicable to all citizens, questions plurality at some levels. The existence of multiple non-state legal traditions alongside a proclaimed formal state legal system certainly poses a challenge to the common law identity of the Indian legal system. It is historically acknowledged that colonialism and law share a reciprocal relationship, where law was used for the expansion of colonial rule, and was not an accurate reflection of the needs of society. When common law was introduced in India by the British to better integrate the Indian legal system, they did not refer to the prevailing legal practices of the time. Neither was it an exact appropriation of common law as understood in England. The book argues that this is the underlying cause for the gap between the state legal system and traditional community practices. This is arguably the reason behind preference for non-state legal practices among several communities in India, despite the existence of a formal state legal system. The central theme of the book is that legal systems cannot be seen or studied in isolation of the cultures of groups whose affairs they regulate.

Product Details

ISBN-13:	9780199489879
Publisher:	Oxford University Press
Publication date:	05/28/2019
Pages:	240
Product dimensions:	8.70(w) x 5.70(h) x 0.90(d)

About the Author

Mahendra Pal Singh, Profesor, Centre for Comparative Law, National Law University, Delhi, Niraj Kumar, Assistant Professor, National Law University, Delhi

Mahendra Pal Singh is Chancellor, Central University of Haryana, India, and Chair Professor, Centre for Comparative Law, National Law University, Delhi, India

Niraj Kumar is Assistant Professor, National Law University, Delhi, India

Table of Contents

Foreword by Upendra BaxiAcknowledgementsPrefaceList of Statutes (Chronological)List of Cases (In order of appearance)List of Tables (In order of appearance)Summary of ArgumentsIntroduction1. Tracing the History of Legal System in India2. Historical & Contemporary Deviations from the State Legal System in India3. Examples of Alternate Legal Systems in IndiaConclusionAppendix IAppendix IIAppendix III: State Profiles Indicating Reliance on Traditional, Non-State Legal SystemsBibliographyIndex of Cases Illustrating Judicial Engagement with Customary Law in IndiaIndex