The Indian Legal System is primarily derived from English Common Law and is divided into Public Law and Private Law.
Let’s explore each category in detail
1️. Public Law
Meaning:
Public law deals with the relationship between the State and individuals.
It regulates how the government functions and protects public rights.
Sub-Divisions of Public Law:
(a) Constitutional Law
- Governs the structure of the government, division of powers, and citizens’ fundamental rights.
- Source: Constitution of India, 1950.
- Example: Separation of powers between the Union and States (Articles 245–254).
Landmark Case Laws:
- Kesavananda Bharati v. State of Kerala (1973) — Basic structure doctrine.
- Maneka Gandhi v. Union of India (1978) — Expanded scope of Article 21 (Right to Life).
(b) Administrative Law
- Governs the actions and powers of administrative authorities (like police, tribunals, commissions, etc.).
- Ensures that executive power is exercised lawfully and fairly.
Landmark Case Laws:
- A.K. Kraipak v. Union of India (1969) — Natural justice principles.
- State of Orissa v. Binapani Dei (1967) — Right to be heard before adverse administrative action.
(c) Criminal Law
- Deals with offenses against the State or society and provides punishment for wrongdoers.
- Objective: Protection of society, deterrence, and justice.
- Sources:
- Bharatiya Nyaya Sanhita (BNS), 2023 (replacing IPC, 1860)
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replacing CrPC, 1973)
- Bharatiya Sakshya Adhiniyam (BSA), 2023 (replacing Evidence Act, 1872)
Landmark Case Laws:
- Lalita Kumari v. Govt. of U.P. (2014) — FIR registration mandatory in cognizable offenses.
- State of Haryana v. Bhajan Lal (1992) — Guidelines for quashing FIRs.
2. Private Law
Meaning:
Private law deals with disputes between individuals or organizations, where compensation or enforcement of rights is sought rather than punishment.
Sub-Divisions of Private Law:
(a) Civil Law
- Protects private rights and remedies.
- Covers property, contract, torts, family, and succession matters.
- Procedure: Governed by the Civil Procedure Code (CPC), 1908.
Landmark Case Laws:
- Hadley v. Baxendale (1854) — Rule for compensation in breach of contract.
- Vishaka v. State of Rajasthan (1997) — Guidelines for sexual harassment at workplace.
(b) Commercial / Corporate Law
- Governs companies, partnerships, trade, and business activities.
- Ensures compliance, transparency, and shareholder protection.
- Key Acts:
- Companies Act, 2013
- Insolvency and Bankruptcy Code (IBC), 2016
- SEBI Act, 1992
Landmark Case Laws:
- Salomon v. Salomon & Co. (1897) — Company as a separate legal entity.
- Tata Consultancy Services v. Cyrus Investments (2021) — Corporate governance.
(c) Law of Torts
- Deals with civil wrongs not arising from contract.
- Purpose: To provide compensation for harm caused by one person to another.
Examples: Negligence, nuisance, defamation, trespass.
Landmark Case Laws:
- Donoghue v. Stevenson (1932) — Foundation of negligence law.
- M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987) — Introduced absolute liability principle.
(d) Family Law
- Governs marriage, divorce, adoption, maintenance, and inheritance.
- Different personal laws for different religions:
- Hindu Marriage Act, 1955
- Muslim Personal Law (Shariat) Application Act, 1937
- Special Marriage Act, 1954
Landmark Case Laws:
- Shah Bano Begum v. Union of India (1985) — Right to maintenance under Section 125 CrPC.
- Sarla Mudgal v. Union of India (1995) — Polygamy and uniform civil code.
3. Substantive Law vs. Procedural Law
| Basis | Substantive Law | Procedural Law |
| Meaning | Defines rights, duties, and liabilities of individuals. | Prescribes the process to enforce those rights and liabilities. |
| Examples | IPC, Contract Act, Hindu Marriage Act | CPC, CrPC, Evidence Act |
| Function | Establishes what constitutes a legal right/wrong. | Describes how a case is filed, tried, and adjudicated. |
| Nature | Static in nature | Dynamic and changing with reforms |
4. Other Important Classifications
(a) Substantive Civil Law
- Example: Transfer of Property Act, 1882; Indian Contract Act, 1872.
(b) Substantive Criminal Law
- Example: Bharatiya Nyaya Sanhita, 2023 (earlier IPC, 1860).
(c) Procedural Civil Law
- Example: Code of Civil Procedure (CPC), 1908.
(d) Procedural Criminal Law
- Example: Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (earlier CrPC, 1973).
Summary Chart:
| Type of Law | Purpose | Example Acts | Forum / Authority | Famous Cases |
| Constitutional | Defines government structure & citizens’ rights | Constitution of India | Supreme Court, High Court | Kesavananda Bharati (1973) |
| Administrative | Controls government powers | Tribunals Act | CAT, SAT, Tribunals | A.K. Kraipak (1969) |
| Criminal | Punish offenders | BNS, BNSS | Criminal Courts, Sessions Court | Bhajan Lal (1992) |
| Civil | Resolve private disputes | CPC, Contract Act | Civil Courts, District Courts | Vishaka (1997) |
| Corporate | Regulate companies | Companies Act | NCLT, NCLAT, SEBI | TCS v. Cyrus (2021) |
| Torts | Compensate for private wrongs | Common Law | Civil Courts | M.C. Mehta (1987) |
| Family | Marriage, divorce, maintenance | Hindu Marriage Act | Family Court | Shah Bano (1985) |
Conclusion
Indian Law is a comprehensive and multi-layered system balancing:
- Public interest (through public law),
- Private rights (through civil and personal laws), and
- Economic regulation (through corporate and commercial laws).
Together, these branches ensure justice, equality, and rule of law in India.
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