Difference between Indian Law and American Law
The article ‘Difference between Indian Law and American Law’ describes that Indian and American law differs in several ways due to their unique legal systems and historical contexts.
Main Differences Between Indian and American Law Systems
Indian law and American law are based on different legal systems and have distinct differences in their structure and implementation.
- Indian law is based on a mix of common law, customary law, and religious law. It is also heavily influenced by the Indian Constitution and the laws passed by the Indian Parliament. The Indian legal system is divided into different courts, including the Supreme Court of India, high courts, district courts, and subordinate courts.
- On the other hand, American law is based on the common law system, which is a legal system derived from English law. The American legal system has a federal structure and is divided into federal courts, which include the Supreme Court of the United States and state courts. American law is also heavily influenced by the United States Constitution and the laws passed by the federal and state legislatures.
- One of the most significant differences between Indian and American laws is how they approach individual rights. Indian law places a greater emphasis on group rights and community interests, while American law places a greater focus on individual rights and freedoms.
- Another significant difference is the role of judges in the legal system. In India, judges are often seen as playing a more active role in shaping the law. In contrast, in the United States, judges are generally more restrained and respectful to legislative authority.
- Another difference is their approach to property rights. In India, there are limitations on the transfer of agricultural land, whereas, in the US, property rights are protected under the Constitution’s Fifth Amendment.
- Furthermore, Indian and American law differ in their marriage and family law treatment. In India, marriage is considered a sacrament and is often governed by religious laws, while in the US, marriage is a legal contract.
Overall, while both legal systems share some similarities, they have distinct differences in structure, approach to individual rights, and the role of judges.