| Legal family | Common law | Common law |
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| JuriGlobe lists | Common law, Muslim, Customary | Common law |
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| In short | India is a common-law country with one of the world's longest written constitutions, adopted in 1950. Family law mostly follows religious personal laws, such as Hindu, Muslim and Christian law, alongside the general law. India has one unified court system, even though it is a federation. | The United Kingdom has three separate legal systems: England and Wales, Scotland, and Northern Ireland. England and Wales is the home of common law. Scotland is a mixed system that blends Roman-influenced civil law with common law. |
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| Where the law comes from | - The Constitution of India, the highest law
- Acts of Parliament and of the state legislatures
- Judgments of the Supreme Court, which bind every court in India
- Personal laws and custom, mostly for marriage, divorce and inheritance
| - Acts of Parliament, the highest source: Parliament can make or change any law
- Case law (precedent) from the courts, very important in England and Wales and Northern Ireland
- The Human Rights Act 1998, which brings most rights from the European Convention on Human Rights into UK law
- In Scotland, institutional writers (old authoritative legal textbooks) and Roman-influenced principles also count
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| The main courts | - The Supreme Court of India at the top
- A High Court in each state or group of states
- District courts and other subordinate courts below them
| - The UK Supreme Court is the final court of appeal for civil cases across the UK and for criminal cases from England, Wales and Northern Ireland
- England and Wales: Court of Appeal, then the High Court, then county courts, the Crown Court and magistrates' courts
- Scotland has its own courts: the Court of Session (civil) and the High Court of Justiciary (criminal), and Scotland's criminal appeals end there
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| Becoming a lawyer | A law degree (a three-year degree after graduation or a five-year integrated course), then enrolment with a State Bar Council. To practise in court, lawyers must also pass the All India Bar Examination (AIBE). | The profession is split. Solicitors (who deal with clients and most paperwork) and barristers (specialist court advocates) train separately. In England and Wales solicitors qualify through the Solicitors Qualifying Examination (SQE). Scotland and Northern Ireland have their own routes. |
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| What may surprise you | - The Supreme Court has said that some basic features of the Constitution cannot be changed even by Parliament (the 'basic structure' idea from the Kesavananda Bharati case of 1973).
- India has a single judiciary for the whole country, unlike the United States, where federal and state courts are separate.
- Different religious communities can be governed by different personal laws in family matters.
- English is the main language of the higher courts, which makes English and Indian case law easy to compare.
| - There is no single written constitution document. The constitution is made of statutes, court decisions and conventions.
- Parliament is sovereign: unlike in the United States, courts cannot strike down an Act of Parliament.
- Equity (a body of rules that grew in the old Court of Chancery) is a separate branch of law, important for trusts and remedies.
- A lawyer qualified in England and Wales is not automatically qualified in Scotland or Northern Ireland.
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| Related systems | United Kingdom, Ireland, Australia, Canada, United States | Ireland, United States, India, Australia, Canada |
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