The Common Law in India - College of Social Sciences and ...

The Rise of the Common Law 3mixed up with the history of the foundation of thecourts in various parts of India, and the statutes ofthe British Parliament and the charters granted bythe British Crown which denned their powers andjurisdiction and prescribed the laws which they wereto apply. But we have to bear in mind that thestudy of comparative jurisprudence contemplated bythe Hamlyn Trust is for the benefit of the CommonPeople of the United Kingdom. It will, therefore,be my endeavour to trace the development of Indianjurisprudence through a period of over two centuries,pointing out its close similarity to what may be termedthe mother jurisprudence of England in as simple amanner as possible.I have chosen as the title of these lectures " TheCommon Law in India." The expression " CommonLaw of England " would necessarily convey to thepurist of jurisprudence those unwritten legal doctrinesembodying English custom and English traditionwhich have been developed over the centuries by theEnglish courts. So understood it would not includeand would be different from the English statute lawwhich has from time to time modified the commonlaw. But the English brought into India not onlythe mass of legal rules strictly known as the commonlaw but also their traditions, outlook and techniquesin establishing, maintaining and developing the judicialsystem. When, therefore, I speak of the commonlaw in India I have in view comprehensively all thatis of English origin in our system of law. In thatwide meaning the expression will include not onlywhat in England is known strictly as the common law