M6 T4 Hindu law II

Question 1

What is at the apex of the Indian legal system?

Answer 1

1950 Constitution

Question 2

In which areas has the constitution been able to impose an equilibrium?

Answer 2

1. take the diversity of the Indian people into account while at the same time guaranteeing the unity
2. Traditional legal culture and necessary modernity of positive juridical norms
3. English legal institutions and juridical concepts from Hindu law

Question 3

6 fundamental principles laid down in the constitution

Answer 3

• Parliamentary form of government
• Democratic political system
• Separation of powers
• Independent administration of justice
• Federal structure of the state
• Broad range of fundamental rights

Question 4

What are the four state organs?

Answer 4

1. The President
   Essentially representative
2. The Legislative power
3. The executive power
4. The Judicial power

Question 5

What is the foundation of the current legal system in India?

Answer 5

contemporary, positive law from English law and Hindu religious traditions

Question 6

Which laws of the current Hindu legal systems stem from the Hindu religious traditions?

Answer 6

Family and social life codified from Hindu traditions

Question 7

Which laws of the current Hindu legal systems stem from Western law?

Answer 7

principles of the secular state, equality of the sexes and the right of citizenship.

Civil and criminal cases follow common law procedures.

Case law is, therefore, a source and the principle of binding precedent applies

Law is codified

Question 8

What does the 1950 constitution say about the caste system?

Answer 8

It abolished it. However, the system still affects the life of Hindu people

Question 9

What is the codified law of the Hindu legal system largely composed of?

Answer 9

legislation from the colonial period that was in force at the time of its independence