What is LAW ?
In general parlance, law can be defined as set of rules made and enforced by the state, violation of which results in punishment. Laws are based on human morality and is dynamic in nature. Law is codified societal norms that reflects the collective conscience of its people. In the absence of Laws, there would be no peace and order in society and life would no longer be the same. According to Salmond, “ Law is the body of principles recognized and applied by the state for the administration of justice” In sustaining a stable social order, laws are magnificently serving.
Journey of evolution of Law:
Law being a dynamic concept changes with the evolution of society under
and political conditions and changing patterns of society. In Hindu Jurisprudence it is
Dharma, in Islamic Jurisprudence it is called Hukum, Romans called it Jus , Germany called
Richt , France called it Droit.
The Indian jurisprudence owes its origin to the ancient concept of Dharma which was considered to be the best way to discipline one’s mind and soul. Eventually with the passage of time and advancement of Indian society, the concept of Law has changed radically.
In modern era, laws are working in multidimensional ways. Modern Indian legal system has divided law mainly into following :
- Civil Law
- Criminal Law
- Statutory Law
- Common Law or Judicial Precedents
- Customary Law
Constitution of India is the supreme law of land and is considered as Grund norm , within
of which all other laws in the country are made.
Role of LAW in society :
- to achieve justice,
- ensuring social order ,
- to keep check on process of administration,
- to maintain equilibrium between the freedom of individuals on one hand and social welfare on the other.
What are essential conditions for a valid marriage under hindu law.
Hindu law is credited to be the most ancient law system which is approximately 6000 years old. In hindu philosophy, the institution of marriage is considered as a sacramental union. The Hindu Marriage Act, 1955 was passed by Indian Parliament on May 18, 1955 which lays down provisions regarding marriage, divorce, matrimonial causes, separation , matrimonial reliefs etc.