India - Law overview
- The union budget 2021-22 has allotted INR 2645 crores (AUD 3 Million) to the Ministry of Law and Justice.
- The World Justice Project Rule of Law Index in 2020 ranked India at 69th position out of 128 countries. It measures how the rule of law is experienced and perceived worldwide.
Policies and Initiatives
- Under the National Mission of Justice Delivery and Legal Reforms, action research and studies on judicial reforms have been initiated.
- Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act 2015 have been enacted to facilitate business.
- A National Litigation Policy, Legal Information and Management Based System (LIMBS), Appointment of Law Officers and Panel Counsels, Fee Revision of Law Officers and Legal Counsels are initiatives that have been enacted towards better management of litigation.
- Repealing of Obsolete and Redundant Laws and convergence of Tribunals to reduce the number of tribunals are among the initiatives towards minimising or maximising government involvement.
- An online system for the receipt of applications for the appointment of Notaries, e-Governance and E-courts under the Income Tax Appellate Tribunal (ITAT), the web portal (LIMBS) was introduced to centrally monitor cases pending in various courts and Tribunals under digital India and E-Governance initiatives.
- eCourts Mission Mode Project also fall under initiatives taken towards computerisation of courts.
- The implementation of a Centrally Sponsored Scheme for Development of Infrastructure Facilities for the Judiciary and appointment of more Judges in higher judiciary are initiatives undertaken towards justice delivery.
- In 2016-17, special funds of Rs.10 crores (AUD 128 million) were allotted for the construction of additional infrastructure in National Judicial Academy.
- Alternate Dispute Resolution Mechanisms were established through National Legal Services Authority (NALSA) at the national level and State Legal Services Authorities at State level.
The shared colonial history of India and Australia lead to various similarities in their legal governance structures and stem from traditions of the British Empire. Both countries are members of the Commonwealth of Nations, and both follow the parliamentary form of government modelled after the UK’s Westminster System. India has a hybrid legal system having elements of civil law, common law, equitable law, and customary and religious laws. The Indian Constitution encapsulates the basic governance structure of the country. The Indian Judiciary is an independent body, distinct from the executive and legislative bodies of the government. The Supreme Court is the highest court and guardian and translator for the Indian Constitution, followed by state high courts, district courts and local courts. The Ministry of Law and Justice is the executive union body responsible for the advisory role in laws and legal affairs. The Ministry of Law and Justice comprises the Legislative Department and the Department of Legal Affairs.