Updated: Aug 14
In a previous article “The History of Law” we talked about how in 1154, Henry II formalised the common law by establishing a single system of law "common" to the land by absorbing and elevating local custom to the national level and restoring the jury system - consisting of individuals sworn to examine credible criminal allegations and civil claims.
The common law system was introduced to India with the British East India Company's conquest. In 1726, King George I awarded the corporation a licence for the formation of "Mayor's Courts" in Madras, Bombay, and Calcutta. Following the company's victory at the Battle of Plassey, its judicial powers grew, and by 1772 the company's courts had extended outside the three principal cities. The previous Mughal legal system in these regions was gradually replaced as a result.
LAW IN INDIA
As a common law nation, India inherits the majority of its contemporary judicial framework from the British legal system. There exists a standard system of dispensing justice, with the Supreme Court at the top, High Courts in the States (provincial subdivisions in India), and a multitude of lesser courts. Thus, the Indian legal system does not work strictly along federal lines, as is the case in the United States. There is no parallel system of courts, and the judiciary is a unified entity. There are no federal courts that rule only on federal issues.
The source of law making power in India lies with the statute-making body, which has the authority to repeal a law if they deem it to be unfair, whether it be a precedent or a codified law. Legislation may also nullify itself. In the landmark case of M. C. Mehta v. Union of India 1987 SCR (1) 819, a common law principle was modified. In comparable situations, strict responsibility was eliminated and the notion of absolute culpability was established as the new legislation.
HOW TO BECOME AN INDIAN LAWYER
To practise law, aspiring lawyers in India must achieve minimal educational requirements and pass specific law exams. Here are the fundamental processes to become an lawyer:
1. SECONDARY SCHOOL EDUCATION
To pursue a bachelor's degree in law, you must have completed your upper secondary education (10+2) from a recognised school education board. Bachelor's programmes are open to students from many disciplines, including the sciences, arts, and business. You must enrol in a five-year Bachelor of Laws (LL.B.) programme, such as BA LL.B, B.Com LL.B, or BBA LL.B., if you choose to pursue a legal degree after completing your 10+2 education. Some colleges provide an integrated five-year honours curriculum, such as BA LL.B. (Hons.) These programmes let you to pick a specialism in law.
2. OBTAIN A DEGREE IN ANY DISCIPLINE
After high school, you may pursue a legal degree via a three-year LL.B. programme. If you select this path, you must first get a bachelor's degree in any field. You may apply for the three-year LL.B course if you have a Bachelor of Arts (BA), Bachelor of Science (BSc), Bachelor of Commerce (BCom), or Bachelor of Business Administration (BBA).
3. THE LAW ENTRANCE EXAM
The majority of law schools pick applicants based on their performance on an entrance test. The Common Law Admission Test is one of the most popular national admission tests (CLAT). It is a two-hour test that typically consists of 150 multiple-choice questions, with one point awarded for each right response and 0.25 points deducted for each erroneous response. To be eligible for admission, candidates must get at least a 50 percent score on the CLAT. The majority of law schools recognise the CLAT score. Here are more law school entrance tests you might take to get admission:
All India Law Entrance Test (AILET)
Symbiosis Law Admission Test (SLAT)
Law School Admission Test (LSAT)
Maharashtra Common Entrance Test - Law (MC-CET)
4. APPLYING TO LAW SCHOOL
After receiving your law school admissions exam results, you may submit applications to law schools. Most students apply to many law schools, giving them various alternatives from which to pick. Each application requires official transcripts, law school admission exam scores, recommendation letters, and extra information. Numerous colleges recruit applicants with strong CLAT scores, outstanding letters of reference, and extensive extracurricular involvement.
5. THE BACHELOR'S DEGREE IN LAW
During your first year of law school, you study courses such as political science, sociology, and economics. These topics increase your knowledge of the society in which you will practise law. In addition to these disciplines, you must also take courses in law, such as constitutional law, criminal law, contract law, Tort law. To graduate from law school, you must pass all courses in your senior year.
6. THE ALL INDIA BAR EXAMINATION
To be eligible to practise law in India, law graduates must pass the All India Bar Examination (AIBE), under government regulations. The Bar Council of India administers this examination once a year and all applicants are required to register beforehand. You must register as an advocate with a State Bar Council in order to be eligible to sit for the All India Bar Examination. This requirement applies, to all students who graduated after 2009.
BOOKS FOR INDIAN LAW STUDENTS
By providing you with the authoritative reading list for, law books India, we want to facilitate your move into the legal world. To assist you in preparation for law school and to make your emotional and mental load more manageable, we have developed a list of the 12 most essential law books for Indian law students to read before to enrolling in law school. We have listed the best law books for Indian law students according to subject:
Equity & Trusts
Constitutional & Administrative Law UK
Contract law will be covered as one of the required courses for students. A contract is a two-way arrangement. However, a contract must have certain legal components in order to be legally enforceable. This represents an offer, its acceptance, and its communication. One of the first topics a law student will learn is contract law, and they will either detest it or love it.
CONTRACT LAW: CORE SERIES
Students choose the Contract Law Core series because it introduces contract law in a straightforward and succinct manner, concentrates on general legal concepts and instances, and guides students through those issues. The subject of contract law is positioned within the greater framework of its commercial application, and students are given a thorough yet comprehensible treatment of all the essential aspects of it.
CONTRACT LAW: Q&A SERIES
There is a Questions and Answers part in the aforementioned Contract Law book collection. The questions and answers provide qualified advise on how to be ready for exams and essays as well as what hiring managers look for in candidates. Exam confidence is increased via Q&As. Exam questions are highlighted in the Q&As. Using current knowledge to convey what the examiner requires may assist law students with response structure, minimising mistakes, making your answer stand out, and all of the aforementioned issues.
The criminal law specifies the definitions of criminal offences and looks things like the burden the prosecution will have to prove for each offence. A criminal system of law is one that prohibits certain intolerable behaviour like murder and rape.
CRIMINAL LAW: CORE SERIES
Undergraduates and those without a legal degree are introduced to criminal law issues in the Criminal Law book. The book emphasises and reinforces important topic areas through introductions, summaries, basic concepts, the choice in simple language, and implementation. The book addresses all the significant criminal law problems with a simple page layout, organisational structure, and writing style.
CRIMINAL LAW: Q&A SERIES
The book on criminal law comes with a question and answer section called a Q&A. This law book contains questions and answers that illustrate how to apply the materials associated to the Core Text. It gives the reader the ability to answer formal examination and assessment questions that cover both criminal case law and legislation.
For breaking legal obligations, tort law creates civil liability. The most frequent tort is negligence, which places an obligation on individuals who could be harmed by an action to exercise care (i.e., behave appropriately). A duty of care entails acting in a way that a reasonable person would.
TORT LAW: CORE SERIES
The Tort Law Core Series clarifies the basic principles that form the basis of Tort Law, making it easier for students to understand and apply. The book first provides a comprehensive explanation of the principles that are linked with each tort before placing each tort into its own social context to make it crystal apparent when and why claims may be brought.
TORT LAW: Q&A SERIES
Tort Law Q&As are the tools required to practise writing essays and creating excellent responses. These questions and answers also show you how to answer to test or assessment questions in the most effective way possible. Up to fifty essay- and problem-based questions on the topics that are most often assessed are included in each Q&A book, along with professional guidance and fully developed first class model solutions.
EQUITY & TRUSTS
A body of laws and principles known as equity was developed concurrently with the common law. Fairness is fundamentally what equity entails. These principles form the foundation of our the common law legal system.
EQUITY AND TRUSTS: CORE SERIES
This books covers the topic of trusts and equity. With this book you can understand the development of Equity and how it fits in the common law system. Written by a seasoned educator, author, and researcher, this book provides a comprehensive and accessible introduction to the complicated but interesting subject of trusts and equity.
EQUITY AND TRUSTS: Q&A SERIES
This question and answer book invites students to engage in critical thinking by placing the most significant issues and controversies relevant to the law of equity and trusts. This Q&A study and revision guide offers sample answers and approaches to help you successfully complete any essay or difficult question in legal exams and assignments.
Twenty seven nations that make up the European Union have their own set of laws, known as the legislation of the European Union. This approach gives EU law priority over national law where there is a conflict between the laws of a member country and those of the EU.
EU LAW: CORE SERIES
The EU law Core series is the go-to resource for students interested in EU law because it offers an unmatched combination of expertise, accessibility, and in-depth treatment of this complicated topic. It is written in a way that combines analytical clarity with inspiration for critical thought, enabling students to fully engage with the subject matter, which may be challenging at times.
EU LAW: Q&A SERIES
The Q&A Series will guarantee that every response you provide will get the maximum possible grade if you are required to respond to test questions or essay questions on EU law. This series will assist you in understanding what the examiners are seeking, focusing on the question at hand, and enhancing the impact of even a strong answer.
CONSTITUTIONAL AND ADMINISTRATIVE LAW
India is governed by its own Constitution and laws. On the one hand, this topic is about the power of law, and on the other, it is about the accountability of people who are given the obligation to create and carry out laws. If you are interested in UK laws, this subject discusses the legal disciplines of administrative law and constitutional law are in charge of developing and governing the numerous state-level governmental organisations.
CONSTITUTIONAL AND ADMINISTRATIVE LAW: CORE SERIES
This book walks the reader through some of the most difficult aspects of British constitutional and administrative law. Beginning with constitutional convention and going through parliamentary sovereignty and public order, it gives a commonsense-based approach that should aid the learner in obtaining a grasp of the subject.
CONSTITUTIONAL AND ADMINISTRATIVE LAW: Q&A SERIES
Constitutional and administrative law are covered in this Questions and Answers book. It presupposes that students have a fundamental grasp of the Core Series in order to provide them with a clear picture of what examiners are looking for.
What criteria do you use to choose the legal texts you study as an Indian law student? Do not worry; we have created law books that you may read before enrolling in a law department. These publications are tactical legal guides that serve as general legal texts for the majority of law courses. Please have a look at the sample chapters.
While these books are based on English law and are the perfect book for any student studying English law Degree. It will provide a valuable resource that will demonstrate where the general principles have comes from. These books are a must read for any law student. The most effective way to dispel doubts about a subject is often thought to be to learn more about it. A method that has proven effective and received widespread recognition throughout the years is reading. These law books are not available on Amazon in India, but you can buy them from Amazon in the UK.