Civil LawLaw

What Experts Says On – The Amendment Of Life With The Indian Constitution

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What Experts Says On – The Amendment Of Life With The Indian Constitution

Fali Sam Nariman

Fali Sam Nariman (born 10 January 1929) is an Indian jurist. He was the senior advocate to the Supreme Court of India from 1971 and was the President of the Bar Association of India from 1991 to 2010. Nariman is an internationally recognized jurist on international arbitration. He has been honored with the 19th Lal Bahadur Shastri National Award for Excellence in Public Administration 2018. He is one of India's most distinguished constitutional lawyers and he has argued several +leading cases. He remained Additional Solicitor General of India May 1972- June 1975. He has been awarded the Padma Bhushan (1991), Padma Vibhushan (2007), and Gruber Prize for Justice (2002) and has remained a nominated member of the Rajya Sabha, the Upper House of the Parliament of India for a term (1999–2005).

The jurisdiction of the nation which is also called the National Legal system is compartmentalized into basic systems of civil law, common law, statutory law, and religious law, some nations use a combination of all these or two or three laws together and they are named as Nation of mixed law. These are five legal systems existing in the world today. The most widespread laws among these are civil law and common law as both of these deal with an omnipresent population. India is a nation with mixed laws.

Civil law is the adoption of Roman law or the Roman Legal tradition which initially originated in mainland Europe. As we have mentioned earlier, the Indian judicial system is a combination of all basic systems, and the regulation of our system is administered by judges through their decisions and orders. And Mr. Fali Sam Nariman says, ‘I do believe that judges act honestly’ Perhaps sometimes there have been times where discrimination arose, but the fact that the ruling generation varies, and the civilians are obliged to habituate with the sentenced laws and orders.

Civil law deals with diverse interpretations. The law was formulated to reinforce the safety and protection of civilians. The line which differentiates criminal law and civil law is, the offense against the public, society, or a state is termed ‘criminal law whereas the injury of an individual or private party. The initiation of the case, the decision-maker of the case, kinds of punishment or penalty, and more factors decide if it’s a criminal case or civil case. To exemplify, a few Indian civil cases in history are the K.M Nanavati case, Mathura Rape victim is considered civil law cases.

The delays in the judicial system when a dispute arises are the reason for so many frustrations. The judicial system or the legal system is responsible and accountable to resolve the dispute and settle the case. Though we have adopted a foreign system, other nations have contemplated and changed but in India resolving a dispute still takes a considerable amount of time.

We have so many laws that come under civil law like labor laws, taxation laws, consumer rights, environmental laws, inheritance, intellectual property, etcetera.

Employment law or labor law is something that governs the relationship between employers, employees, and the union. The Industrial Revolution from small-scale manufacturing industries to the production of larger products with large-scale industries happened to hire more employers for the ease of work which happened to impose laws for safety and to securely meet the obligation of the industrialists. This also involves the law of prevention of children in hazardous labor works or labor works at all.

The increasing population led to more protection and conservation of the environment and sustainable use of natural resources. This has been implemented into the framework of the constitution of India. This is a collection of laws, regulations, and agreements for the conservation of the environment.

Taxation law is a broad spectrum that legally assesses and collects taxes. When the total revenue of an individual exceeds an optimum, they are charged with income tax at rates. According to the constitution, no tax shall be levied or collected except by the authority of law.

Marriage is an act of sanctity in India. The tradition has been forfeited for years and there are laws on marriage that concern equality and mutual consent for the spouses. The legal age for a woman to marry is 18 and for a man is 21. And marriage in the early years is considered child marriage which is prohibited according to the law.

In every mixed-law country or nation, civil law is certain and significant. The laws are formed at the federal and state levels. Every law in the re-written constitution governs aiding the people of the nation. The infringement of the law acts is why the once liberal constitution is intolerable to wrongdoings. As a loyal citizen of a nation, it is a compulsion to abide by the laws and constitution for the betterment of the nation and oneself.


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