Despite successive governments scrapping thousands of archaic statutes that have no place in modern India, there are a few British relics that we continue to follow even today
India achieved independence from the United Kingdom (UK) on August 15, 1947, but the colonial legacy lives on in our love for chai and cricket, and on a heavier note, in our law and order system which is a direct import from the British.
Immediately after the country became independent, adopting a system that was homegrown yet understanding of the needs and beliefs of various castes, communities, and classes it sought to bring together was possibly the best way forward for the new government. As such, the laws that were in existence under the British rule continued well after they left, and while the Indian society adapted to most of them, there were some that survived like relics in a museum, having no relevance whatsoever to modern India. A case in point is the century-old statute levying toll tax of not more than two annas (a currency no longer in existence) on boats ferrying passengers across River Ganga.
As far back as 1955, the Law Commission of India suggested that a new legal system be adopted, junking useless British laws while retaining the more useful ones in a more Indian format. Since then, successive governments have weeded out as many as 1,301 obsolete laws to improve administration and ease of doing business. The Narendra Modi government achieved a record of sorts by scrapping as many as 1,200 redundant Acts in just three years, in addition to identifying 1,824 more obsolete Central Acts for repealing. The streamlining exercise notwithstanding, there are still at least five laws that owe their origin to the British but continue to be followed even today. Here’s looking at them.
The Dramatic Performance Act
Diese Geschichte stammt aus der August 2018-Ausgabe von Legal Era.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent ? Anmelden
Diese Geschichte stammt aus der August 2018-Ausgabe von Legal Era.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent? Anmelden
M&A in the time of COVID and beyond
What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied
SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD
Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required
JOINT VENTURE DISPUTES MEDIATING
Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.
ESSENTIAL GOODS SERVICES UNDER IBC
WHAT DOES IT ESSENTIALLY MEAN?
PAYPAL TO ALLOW CRYPTOCURRENCIES AFTER OBTAINING A NEW YORK LICENSE
PayPal has decided to embrace cryptocurrencies and will soon offer its customers in the United States (U.S.) the ability to buy, hold, sell, and use various virtual currencies. The company has obtained a New York license allowing it to do so.
YOU HAVE A PATENT WHAT NEXT?
Getting a patent granted is not an end in itself but most patentees do not realize that
PROCEEDINGS AGAINST PERSONAL GUARANTORS IN NCLT CURRENT SITUATION
Presently, the simultaneous commencement of insolvency proceedings by the lender against the corporate debtor and the corporate guarantor(s) faces a roadblock on account of the NCLAT order in the matter of Dr. Vishnu Kumar Agarwal v. Piramal Enterprises Limited (“Piramal matter”)
PARENTAL ALIENATION
India Joins Family Courts Around the World to Fight Child Emotional Abuse
Parties may not seek discovery in USA in aid of FOREIGN-SEATED ARBITRATIONS
A CIRCUIT SPLIT HAS EMERGED OVER THE USE OF SECTION 1782 TO OBTAIN DISCOVERY IN AID OF PRIVATE COMMERCIAL ARBITRATIONS SEATED OUTSIDE THE UNITED STATES...
Mediation: As A Mode Of Alternate Dispute Resolution
The provision of mediation as a mode of adr in the indian legal system, dates back to year 1947 when the industrial disputes act, was passed…