India
Common law
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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.
Updated October 2026. Spotted a mistake? Tell us.
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
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
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).
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.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists India as: Common law, Muslim, Customary. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about India, consult a lawyer qualified there. Report a mistake.

