Introduction

India is a federation with a parliamentary system governed under the Constitution of India, which serves as the country's supreme legal document. It is a constitutional republic and representative democracy, in which "majority rule is tempered by minority rights protected by law". Federalism in India defines the power distribution between the federal government and the states. The government abides by constitutional checks and balances. The Constitution of India, which came into effect on 26 January 1950, states in its preamble that India is a sovereign, socialist, secular, democratic republic. India's form of government, traditionally described as "quasi-federal" with a strong centre and weak states, has grown increasingly federal since the late 1990s as a result of political, economic, and social changes. Law of India or The Indian Law refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation first introduced by the British is still in effect in modified forms today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were synthesized into a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian family law is complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. There are about 1221 laws as of May 2010 However, since there are Central laws as well as State laws, its difficult to ascertain their exact numbers as on a given date.

France, officially the French Republic, is a unitary semipresidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific,

and Atlantic oceans. Metropolitan France extends from the Mediterranean Sea to the English Channel and the North Sea, and from the Rhine to the Atlantic Ocean. It is often referred to as lHexagone ("The Hexagon") because of the geometric shape of its territory. It is the largest western European country and it possesses the second-largest exclusive economic zone in the world, covering 11,035,000 km2(4,260,000 sq mi), just behind that of the United States (11,351,000 km2 / 4,383,000 sq mi). French law provides for a separate judicial branch with an independent judiciary which does not answer to or is directly controlled by the other two branches of government. France has a civil law legal system, the basis of which is codified law; however, case law plays a significant role in the determination of the courts. The most distinctive feature of the French judicial system is that it is divided into judicial and administrative streams.

Judiciary Of India

The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law. The Constitution of India is the supreme legal document of the country. There are various levels of judiciary in India different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Judiciary Of France

In France, judges are considered civil servants exercising one of the sovereign powers of the state, and, accordingly, only French citizens are eligible for judgeship. France's independent judiciary enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the judicial, administrative, or audit court stream. Judicial appointments must be approved by a special panel, the High Council of the Judiciary, made up of other judges from receiving court. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Council conducted in due process. The Ministry of Justice handles the administration of courts and judiciary including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it is seen to represent a conflict of interest in cases such as political corruption against politicians. The structure of the French judiciary is divided into three tiers:

Inferior courts of original and general jurisdiction Intermediate appellate courts which hear cases on appeal from lower courts Courts of last resort which hear appeals from lower appellate courts on the interpretation of law.

Law Of India
Law of India refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation first introduced by the British is still in effect in modified forms today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were synthesized into a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.

Indian family law is complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. There are about 1221 laws as of May 2010. However, since there are Central laws as well as State laws, its difficult to ascertain their exact numbers as on a given date. The best way to find the about the Central Laws in India is from the official website.

Constitutional & Administrative Law Of India

The Constitution of India, which came into effect from January 26, 1950, is the lengthiest written constitution in the world. Although its administrative provisions are to a large extent based on the Government of India Act 1935, it also contains various other provisions that were drawn from other constitutions in the world at the time of its creation. It provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and the State Governments. Also incorporated into the text are a chapter on the fundamental rights of citizens, as well as a chapter on directive principles of state policy. The constitution prescribes a federal structure of government, with a clearly defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft it own laws on subjects classified as state subjects, Laws passed by the Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. However, the Constitution also has certain unitary features, such as vesting power of amendment solely in the Federal Government, the absence of dual citizenship, and the overriding authority assumed by the Federal Government in times of emergency.

Law Of France

In academic terms, French law can be divided into two main categories: private or judicial law ("droit priv") and public law ("droit public"). Judicial law includes, in particular:

Civil law ("droit civil"); and Criminal law ("droit pnal").

Public law includes, in particular: Administrative law ("droit administratif"); and Constitutional law ("droit constitutionnel"). Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law.

The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law ("droit communautaire", sometimes referred to, less accurately, as "droit europen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, criminal, administrative and constitutional law.

Constitutional Law Of France

Constitutional law is a branch of public law dealing with : human rights as applied in French law constitution and functioning of the public authorities and the government and, in particular the relationship between the three constitutional powers, executive, legislative and judiciary. relationship between citizens and public authorities, in particular the participation of French citizens to the exercise of public powers. It fixes the hierarchy of laws and rules within the French legal system and the relationship between these different norms. Constitutional law became independent from political science and administrative law with

the Constitution of 1958 which included the institution of a constitutional court, the "Conseil Constitutionnel".

French Law
France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judicial interpretation in certain areas makes it equivalent to case law). Basic principles of the rule of law were laid in the Napoleonic Code (which was, in turn, largely based on the royal law codified under Louis XIV). In agreement with the principles of the Declaration of the Rights of Man and of the Citizen Law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, wrote about the management of prisons: Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality. That is, Law should lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. French law is divided into two principal areas: private law and public law. Private law includes, in particular, civil law and criminal law. Public law includes, in particular, administrative law and constitutional law. However, in practical terms, French law comprises three principal areas of law: civil law, criminal law and administrative law. France does not recognize religious law, nor does it recognize religious beliefs or morality as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in 1791). However, "offenses against public decency" (contraires aux bonnes murs) or disturbing public order (trouble l'ordre public) have been used to repress public expressions of homosexuality or street prostitution. Criminal laws can only address the future and not the past (criminal ex post facto laws are prohibited); and to be applicable, laws must be officially published in the Journal Officiel de la Rpublique Franaise. France is tolerant of the LGBT community. Since 1999, civil unions for homosexual couples are permitted, although same-sex marriage is illegal in

France. Laws sentencing racism, sexism or antisemitism are old and important, for instance, laws prohibiting discriminatory speech in the press are as old as 1881. In 2010, France passed a law banning face veils in public, including those worn by Muslim women. Amnesty International has condemned the law as a violation offreedom of expression. In September two Muslim women were fined for wearing the niqab (an Islamic face-covering veil), though they appealed the fines.

Indian Law
Law of India refers to the system of law in modern India. It is largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Much of contemporary Indian law shows substantial European and American influence. Various legislation first introduced by the British is still in effect in modified forms today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were synthesized into a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian family law is complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption.

Comparison Between French & Indian Courts The French Court System
The French court system is a double pyramid structure. There are two separate orders: administrative courts and judicial courts. Each order has a pyramid structure, with a single court at the top and various courts at the base.

Litigants displeased with a court decision can seek a review before the next court up in the hierarchy. In each order, a single court of last instance ensures that the lower courts interpret the law in the same way. The administrative courts settle disputes between users and public authorities. The Conseil d'Etat Hears cases in first and last instance. It is both adviser to the government and the supreme administrative court. The courts with general competence are the administrative courts, administrative appeal courts and the Conseil d'Etat (as a jurisdiction).

Administrative courts with special competence are the financial courts (Court of Auditors, Regional Courts of Auditors, Court of Budget and Financial Discipline) and various other tribunals like the disciplinary bodies of professional orders.

The judicial courts settle disputes between persons and sanction offences against persons, property and society. There are three categories of judicial court: The courts of first instance: - the civil courts: district courts, regional courts, commercial courts, employment tribunals, agricultural land tribunals, social security tribunals; the criminal courts: Ministre des Affaires trangres / French Ministry of Foreign Affairs, 2007 2. ordinary courts: police courts, regional criminal courts, assize courts; specialised courts: juvenile courts, military courts, political courts and the maritime criminal court; local courts, created by Act 2002-1138 of 9 September 2002 to meet the need to

make justice more accessible, swifter and capable of dealing more appropriately with small claims and minor offences. Local courts have lay judges; The courts of second instance: the appeal courts; the supreme court: the Court of Cassation, responsible for ensuring compliance with the rules of law applied by lower courts. It judges the form and not the merits, unlike the courts of first and second instance, which judge the facts.

The Players :Justice is a State monopoly and a public service. Primary responsibility for organisation of the justice system lies with the Justice Ministry, endowed by the legislature and the executive with the means to perform its tasks. They allocate credits to the ministry and oversee their use, in particular with the aim of assessing the judicial response to increased demands from citizens in justice matters. The ministry, headed by the Keeper of the Seals, has four main tasks: to bring together and manage the resources of the justice system; to prepare legislation on matters such as nationality, criminal justice, etc.; to take custody of those entrusted to it by a court decision: juvenile delinquents, minors in danger, adult detainees; to frame public policy guidelines in justice matters and ensure that they are implemented. Many players take part in the operation of the justice system: public servants: the judiciary, the staff of the judicial youth protection service and the prison service; other professions: lawyers, officers of justice (bailiffs, process servers, notaries, etc.), court experts, police, social workers. Some, like judges, are public servants, others, like lawyers, are members of the professions.

Citizens also play a part in the justice system: as "judges", participating in judgment in certain courts (jurors at assize courts, assessors at juvenile courts, members of employment tribunals, Commercial Court judges); as "justice auxiliaries", participating in the administration of justice with other players (dlgu du Procureur, mediator, etc.); within partner associations of the justice system working, for example, with minors in danger, juvenile delinquents, convicted criminals, victims, etc.

The Indian Court System

The Indian Judicial System has the Supreme Court of India at its helm, which at present is located only in the capital city of Delhi, without any benches in any part of the nation, and is presided by the Chief Justice of India. The Supreme Court of India has many Benches for the litigation, and this apex court is not only the final court of permissible Appeal, but also deals with interstate matters, and matters comprising of more than one state, and the matters between the Union Government and any one or more states, as the matters on its original side. The President of India can always seek consultation and guidance including the opinion of the apex court and its judges. This court also has powers to punish anybody for its own contempt. The largest bench of the Supreme Court of India is called the Constitution Bench and comprises of 5 or 7 judges, depending on the importance attached of the matters before it, as well as the work load of the court. The apex court comprises only of various benches comprising of the Divisional benches of 2 and 3 judges, and the Full benches of 3 or 5 judges. The Appeals to this court are allowed from the High Court, only after the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation, and is certified as such by the relevant High Court. In the absence of any certificate from the High Court, a person may, with the leave of the apex court, appeal to this court, by filing a Special Leave Petition before the court. A person or body may also file a Writ against the violation of Fundamental Rights granted under the Constitution of India, with the permission of the apex court.

Certain writs are allowed to be instituted in the apex court directly, against the orders of the Courts of the Court Martial, and the Central Administrative Tribunals.