LegalEase Solutions

rubin · Joined: 12 Jul 2007 Posts: 2 Location: Cochin,Kerala,India

Both in India and the US, Common law has lost its independent existence. It has got diluted in to their legal systems. Common law has become very much their own. The striking similarity between the US and Indian legal system is their common law origin. Common law has got Americanized and it is now ‘American’ law which includes the Constitution, the statutes, treaties, administrative agency rules, state constitution, state statutes etc. We can also see traces of common law in the Indian Constitution, various Indian statutes. But we cannot separate out common law from Indian law. American legal system is far more advanced than Indian legal system. The Court structure is very systematic in the US though complicated. Two parallel system of Courts run in the US owing to the nature of the political system of the country i.e., federal and state. The hierarchy of courts is well set up but it has its own inadequacies. There is an elaborate system of courts both in US and India but the results produced does not always meet the standards of justice as laid down by the common law. Delay, misinterpretation, maladministration etc haps the delivery of justice.