Editing Common law (section)

=== India, Pakistan, and Bangladesh (19th century and 1948){{anchor|CL India and Pakistan}} ===
The law of India, Pakistan, and Bangladesh are largely based on [[English law|English]] common law because of the long period of [[British Empire|British colonial influence]] during the period of the [[British India|British Raj]].

[[History of India|Ancient India]] represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The ''[[Arthashastra]]'', dating from 400 BCE and the ''[[Manusmriti]]'', from 100 CE, were influential treatises in India, texts that were considered authoritative legal guidance.<ref>{{Harvnb|Glenn|2000|p=255}}</ref> [[Manu (Hinduism)|Manu]]'s central philosophy was tolerance and [[Pluralism (political philosophy)|pluralism]], and was cited across [[Southeast Asia]].<ref>{{Harvnb|Glenn|2000|p=276}}</ref> Early in this period, which finally culminated in the creation of the [[Gupta Empire]], relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition.<ref>{{cite journal |last=Alexander |first=C.H. | date=July 1952 |title=International Law in India |journal=The International and Comparative Law Quarterly |volume=1 |issue=3 |pages=289–300 |doi=10.1093/iclqaj/1.Pt3.289 |issn=0020-5893}}</ref> Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character.<ref>Viswanatha, S.T., ''International Law in Ancient India'', 1925</ref>

When India became part of the [[British Empire]], there was a break in tradition, and Hindu and Islamic law were supplanted by the common law.<ref>{{Harvnb|Glenn|2000|p=273}}</ref> After the failed [[Indian Rebellion of 1857|rebellion]] against the British in 1857, the [[British Parliament]] took over control of India from the [[British East India Company]], and [[British India]] came under the direct rule of [[the Crown]]. The British Parliament passed the [[Government of India Act 1858]] to this effect, which set up the structure of British government in India.<ref name="WDL">{{cite web |url = http://www.wdl.org/en/item/393/ |title = Official, India |work = [[World Digital Library]] |date = 1890–1923 |access-date = 30 May 2013 }}</ref> It established in Britain the office of the [[Secretary of State for India]] through whom the Parliament would exercise its rule, along with a [[Council of India]] to aid him. It also established the office of the [[Governor-General of India]] along with an Executive Council in India, which consisted of high officials of the British Government. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era.<ref>{{Harvnb|Jain|2006|p=2}}</ref>{{verify-inline|date=August 2015}}

==== Post-partition India (1948){{anchor|CL India}} ====

[[File:Constitution of India.jpg|thumb|right|The [[Constitution of India]] is the longest written constitution for a country, containing 395 articles, 12 schedules, numerous amendments and 117,369 words.]]

Post-partition, [[Law of India|India]] retained its common law system.<ref>{{cite speech|author=[[K. G. Balakrishnan]]|title=An Overview of the Indian Justice Delivery Mechanism|url=http://www.supremecourtofindia.nic.in/speeches/speeches_2008/abu_dhabi__as_delivered.pdf|event=International Conference of the Presidents of the Supreme Courts of the World|location=Abu Dhabi|access-date=1 August 2012|date=23–24 March 2008|quote=India, being a common law country, derives most of its modern judicial framework from the British legal system.|url-status=dead|archive-url=https://web.archive.org/web/20121102153013/http://www.supremecourtofindia.nic.in/speeches/speeches_2008/abu_dhabi__as_delivered.pdf|archive-date=2 November 2012}}</ref> Much of contemporary Indian law shows substantial European and American influence. Legislation first introduced by the British is still in effect in modified form today. During the drafting of the [[Indian Constitution]], laws from Ireland, the United States, Britain, and France were all synthesized to produce a refined set of Indian laws. Indian laws also adhere to the [[United Nations]] guidelines on [[human rights law]] and [[environmental law]]. Certain [[international trade law]]s, such as those on [[intellectual property]], are also enforced in India.

==== Post-partition Pakistan (1948){{anchor|CL Pakistan}} ====

Post-partition, [[Law of Pakistan|Pakistan]] retained its common law system.<ref>{{cite web | url=http://www.supremecourt.gov.pk/web/user_files/File/REVIEW_P_46&47_2011_full.pdf | title=Federation of Pakistan v. Bhatti, "''in a common law jurisdiction such as ours''" | access-date=22 February 2012 | archive-url=https://web.archive.org/web/20141006110307/http://www.supremecourt.gov.pk/web/user_files/File/REVIEW_P_46%2647_2011_full.pdf | archive-date=6 October 2014 | url-status=dead }}</ref>

==== Post-partition Bangladesh (1968){{anchor|CL Bangladesh}} ====

Post-partition, Bangladesh retained its common law system.