Indian Law and Karma essays

Indian Law and Karma essays Indian society operates under two very different systems of law, one ancient, cyclical and metaphysical in nature, and the other modern, statutory, and civil, being grounded in the tradition of English common law as established during the imperial period of the Raj. The one system has jurisdiction over eternal matters of life, death and rebirth, and over social status and obligation in the sphere of earthly existence. The other, Western-based system is familiar to us through the institutions of a local, state and federal judiciary, presided over by a high court that dispenses justice according to the laws and proceedings of a formal, independent and constitutional system. India's independent judicial system originated under the British imperial regime, and today its concepts and procedures resemble those of Anglo-American countries also grounded in common law.(Lingat, 1973) India's chaotic legal system is, however, something of an impediment to the country's economic and political unity. Derived variously from the constitution, statutes, customary law and case law, it is largely based on English law as it existed under British colonial rule. While U.S. or U.K. law have been revised several times since World War II, India's has not been overhauled once. While certain areas have been adapted and modernized, the body of law as a whole is arcane and outdated, confused by updates and revisions, and circumnavigated with regulations and bureaucracy. Indian courts have jurisdiction over most economic and political transactions, regardless of their nature. At the apex of the entire judicial system is the Supreme Court of India in New Delhi. It has original, appellate and advisory jurisdiction and is empowered to issue directions, orders or writs, and to enforce them. Supreme Court judges are appointed by the president of India and remain in office until the age of 65. At the next level is the High Court, of which there is one in each stat...