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India - Law overview

Country profile

Policies and Initiatives

Governance structure

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.

With both Australia and India following the Westminster system of government, there are several opportunities for researchers to work across several areas of law.

Australia - Law overview

Country profile

Policies and initiatives

The Attorney-General’s Department has various initiatives supporting access to justice:

Governance structure

Australia and all its states and territories follow the Common Law Legal System. Australia is a ‘constitutional monarchy’ with a parliamentary system of government. The Australian Constitution sets out the country's fundamental governance framework. Australia has the parliamentary system of government modelled after the UK’s Westminster System. Australian Judiciary is an independent from the executive and legislative branches of the government. Its Judiciary System consists of the High Court as the highest court and is supported by Supreme Courts of States and Territories, federal courts, and other non-federal courts. There are two basic and main types of courts in Australia: 'State Courts' and 'Federal Courts'. The Attorney-General's Department supports the community, government, judiciary and the Parliament by providing access to high quality justice, legal and corrective services, information and products.

Related articles

Read the latest 'Law' research articles covering Australia and India - or submit your own

Bilateral frameworks for cooperation between India and Australia

Trade and investment opportunity

Cooperation and collaborations

Founding Vice Chancellor Raj Kumar, Professor Shaun Star, former Australian High Commissioner to India Ms Harinder Sidhu, and Dean at Jindal School of International Affairs Professor Sreeram Chaulia at the inauguration of the Centre for India Aus in 2016.

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