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
Denne historien er fra August 2018-utgaven av Legal Era.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra August 2018-utgaven av Legal Era.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
If You Think Positive Covid Is A Big Opportunity
Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…
PROJECT DEVELOPMENT
JOINT VENTURE TRANSACTIONS
NEW ARBITRATION RULES
PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)
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.
Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA
A TEST CASE IN THE MAKING?
CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE
Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations
ESSENTIAL GOODS SERVICES UNDER IBC
WHAT DOES IT ESSENTIALLY MEAN?
A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE
A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE