Comparative Analysis of The Legal Systems India & France

C O M P A R AT I V E A N A LY S I S O F T H E LEGAL
SYSTEMS
India & France
A S S E S S M E N T P R E S E N T AT I O N
S U B M I T T E D B Y:
R I T I S H A C H O U D H A R Y: R I 5 4 2 1 8 0 7 1 ; 5 0 0 0 7 0 4 9 6
SEJAL JAIN: RI54218077; 500071522
TA B L E O F C O N T E N T S
01 Introduction
05 Use of Adversarial or Inquisitorial
System
02 Court Structure & Hierarchy

06 Trial System and Prosecution
03 Special Court for Legal Areas

07 Solutions to Challenges in Indian
System from the French Model
04 Quasi Legal Authorities

INTRODUCTION
COMMON LAW SYSTEM
Common law originated before there were any written

laws and was developed by custom.
According to the common law tradition, case law uses

precedents to interpret the law based on how earlier INDIA
cases were decided. When deciding decisions, courts
and judges later refer to precedents to establish a rule. In the Indian context, common law has been
extensively applied. For two centuries, the English
Common law systems adhere to the principle of stare have gradually absorbed it into Indian law to the
decisis, or "to stand by things decided," which states extent that Indian jurisprudence no longer has a
that subordinate courts should generally accept earlier distinct identity.
rulings from higher courts in their conclusions.
As the needs and expectations of Indian society
The ruling of the lower court will stand if the judge were distinct from those of English society, it can
goes against the established precedent and the matter be claimed that common law has been applied in a
is not appealed. different manner than that of England.
INTRODUCTION
CIVIL LAW SYSTEM
Roman law, as established in Justinian's Corpus Iuris

Civilis, is the source of civil law.
Civil law has now developed in many other places of

the world, including Continental Europe, as a result FRANCE
of this impact.
France has a civil law system thus, statutes
Civil codes, which are defined as a "systematic, found in various codes—rather than case law
authoritative, and guiding statute with broad —are given more weight there. As each case is
resolved individually based on how it pertains
coverage, breathing the spirit of change and marking
to the codified law and how the judge chooses
a new start in the legal life of an entire nation," are
to interpret that legislation, the concept of
the primary source of civil law.
stare decisis does not apply in civil law
systems. As a result, two trials on the same
topic may have completely different outcomes.
COURT STRUCTURE & HIERARCHY
FRANCE
• French courts are divided into judicial courts,
which deal with private law, and administrative
courts, which deal with public and administrative
law. France has a dual legal system.
• French administrative courts operate under a three-
tiered tribunal structure. The Tribunal Administratif
(Administrative Court), which has authority over all
administrative proceedings, is the first layer.
• The Court Administrative of Appeal hears appeals
against the Tribunal Administrative (Administrative
Court of appeal).
INDIA • The Counseil d'Etat, the third tier, is the last arbiter
of appeals against the first and second tiers.
• A single, integrated system makes up the Indian Subordinate courts are not subject to judicial review
legal system. The Indian judiciary is divided into by appellate courts.
two branches: the superior judiciary and the
subordinate judiciary (the lower courts under the
control of the High Courts).
• The Apex Court or the Supreme Court is the
highest court of India, which has its offices in
New Delhi. The Chief Justice of India is in charge
of it. In the nation, there are twenty-four High
Courts.
COURT STRUCTURE & HIERARCHY
FRANCE
• Finance Courts deals or the Cour des Comptes (the

Audit Court) examines whether national
governmental authorities have consistently handled
their budgets.
• The Premiere Chambre Civile (First Civil Division)
deals with family law, successions (wills), child
custody, disciplinary actions against professionals,
individual rights, and commercial obligation.
• Divorce, civil liability (torts), and election cases are
handled by the Second Civil Division (deuxième
INDIA chamber civile).
• Marriage-related matters, including as inheritance,
guardianship of minors, and maintenance, are
handled by family courts.
• The Central Bureau of Investigation's Special Court
handles matters involving bribery and corruption.a
few District Courts and Supreme Courts.
• Village-level Lok Adalats and Gram Panchayats.
QUASI LEGAL
AUTHORITIES
INDIA
• Central Administrative Tribunal;

• National and State Human Rights Commission;
• National Company Law Tribunal and National
Company Law Appellate Tribunal;
• Consumer disputes forums at national, state, and
district levels;
• Competition Commission of India;
• Income Tax Appellate Tribunal, Central Excise, and
Service Tax Appellate Tribunal, and Sales Tax
Appellate Tribunal.
• Arbitration Tribunals, Mediation and Conciliation
Centres.
FRANCE
• Alternative dispute resolution;
• Ombudsmen
USE OF ADVERSARIAL
OR INQUISITORIAL
SYSTEM
INDIA
• The adversarial system of criminal justice was introduced in

India. Truth and nonviolence are all mentioned in Indian
traditions. This procedure allows the offender an opportunity to
acknowledge his mistakes and ask for forgiveness for his bad
conduct.
• However in some circumstances, India is very strict and even
uses the death penalty. These are sins against the nation's
sovereignty, rape cases, and crimes against women.
FRANCE
• Inquisitory in nature, French criminal procedure allows the judge to question

witnesses in order to ascertain the truth rather than serving as a referee in the
dispute between the prosecution and the defence.
• According to French law, the burden of proof in civil disputes rests with one
party, yet both parties and the court jointly compile and present evidence.
TRIAL SYSTEM & PROSECUTION
Everyone is equal in the eyes of the law, or "Lex uno ore omnes allocator," is a significant notion that forms
the cornerstone of legal procedures all around the world .
INDIA FRANCE
• The primary goals of the police, prosecution, courts, and • In France, there is a choice between a public and private
jail systems in India are to uphold law and order in the legal system. The public portion, also referred to as
community. India has a two-tiered legal system with local
"Droit public," is a body of law that governs how public
tribunals known as "Magistrates," which are further
entities operate and carry out their administrative
divided according on the severity of the offences and functions. The name "Ordre administratifs" refers to
their monetary jurisdiction. these courts. On the other side, private entities and people
• The courts are known as "Judicial Magistrates" in rural
are governed by the private legal system, or "Droit
areas and "Metropolitan Magistrates" in metropolitan
prive." The "Ordre judiciaire" is the name of these courts.
areas. The Sessions Court, presided over by the • There is a three-tiered system for criminal courts, with the
Additional Sessions Judge and the Sessions Judge, is
local magistrate (also known as the "Judge de proximitte")
located above that.
having jurisdiction over minor offences. The correctional
• The High Court, which is located in each state and
court, also referred to as the "Tribunal correctionnel," is the
guarantees that the Session Courts operate efficiently,
level above that and judges less serious felonies and offences.
comes next.
The court of session, also known as the "Cour d' assises," is
• The Supreme Court of India, which is India's highest
the highest court and sits as the supreme court over all other
court, sees to it that justice is delivered promptly and that
courts.
all major and grave offences are brought to its attention.
Solutions to Challenges in Indian System from the French
Model
One of the oldest systems still in use, the criminal justice system in India has a number of flaws that
continue to limit its ability to reduce crime across the nation. France and other nations have a lot to
contribute that could be used to improve and streamline the Indian system. These are a few of them:
•The quality of newcomers to the profession is negatively impacted by the diverse educational systems in
each state, and the only way to improve competence and quality is to raise pay scales and job perks to
encourage more and more people to join this system.
•There is a significant issue with the Indian criminal justice system, namely, insufficient prospects for
promotion, which is caused by a hierarchical difference and a system of public prosecutors. It would be
highly recommended for the Indian system to follow the French system of hierarchy and promotion to
allow prosecutors to appear before Sessions Court, the High Court, and subsequently the Supreme Court
after gaining some experience.
• To ensure a quick trial and little injustice, a more multidisciplinary approach should be used, similar to the
French criminal system.
• The inquisitorial paradigm should be used instead of the standard of "beyond a reasonable doubt.“
• The prosecution agency does not have a system of checks and balances, thus prosecutors must be held
accountable and penalised for misconduct.
CONCLUSION
To the best of their knowledge, every state organisation has created a prosecution system that looks at
criminal activity within the state and penalises criminals. The goal of upholding justice stays consistent
despite differences in the prosecution's tasks.
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C O M P A R AT I V E A N A LY S I S O F T H E LEGAL

02 Court Structure & Hierarchy

03 Special Court for Legal Areas

04 Quasi Legal Authorities

COMMON LAW SYSTEM

Common law originated before there were any written

According to the common law tradition, case law uses

CIVIL LAW SYSTEM

Roman law, as established in Justinian's Corpus Iuris

Civil law has now developed in many other places of

• Finance Courts deals or the Cour des Comptes (the

• Central Administrative Tribunal;

• The adversarial system of criminal justice was introduced in

• Inquisitory in nature, French criminal procedure allows the judge to question

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