lec 1 indian constitution [compatibility mode]

8/17/2019 Lec 1 Indian Constitution [Compatibility Mode]

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Social & Legal Issues

Introduction

to

Constitution of India


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“A law is a rule of conduct im osed

and enforced by the sovereign”

Austin


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We all have encountered Law in our daily lives

HOW?

Through basic living including elements like our

ouse, asse s, e ev s on, e c.

“ignorantia juris non excusat”


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Introduction to Law

India as a nation is a democratic republic following

the principles set forth in the constitution including secularism , federalism , democratic representation

and independent freedom to the three pillars of the

soc e y .e. ,


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Working of the Indian Legal System

Legislature makes the law, with the center covering

the principle list of activities including tax, labour laws, company affairs etc.

State legislature makes state level laws within the

state list (as per constitution). There are commonareas but the same have overriding powers to the

centra government

Bureaucracy at central and state level providessupport to the legislature. This is not a subordinate

function but a facilitation function.


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Judiciary is responsible for upholding the law. The highest court isSupreme Court, followed by State level High Courts and then by

subordinate courts.

The legal provisions are of two kinds Civil Laws and CriminalLaws

Civil Laws are such laws that are protecting rights given to citizensthrough laws like contract, etc. and also enforced by citizens

Whereas Criminal laws are rights given to citizens by the constitution

and protected by the state.

In many cases the said rights overlap


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Legal Provisions


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CRIMINAL LAWS

law that deals with crime and the legal punishment of criminal

offences.

• Type Of Punishment: A guilty defendant is punished by either

imprisonment in a jail or fine paid to the government or in

• Examples: Theft by (deception or unlawful taking),

trafficking in controlled substances, alcohol intoxication etc.


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CIVIL LAWS

• Definition: Civil law deals with the disputes between

individuals,organisations or between the two in which compensation

is awarded to the victim.

• Type of Punishment: A defendant in civil litigation is never

imprisoned and never executed. Losing defendant in civil litigation

behavior.

• Examples: Landlord/Tenant disputes,divorce proceedings, child

custody proceedings, property disputes (real estate or material)


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,

Protection Law & Patents Act are civil laws.

Note: Constitution of India is not an act or

,

for making laws, etc.


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Fundamental Rights Article 12-35

• Right to Equality

• Right to Freedom

• Ri ht A ainst Ex loitation

• Right to freedom of Religion

• Cultural and Educational Ri hts

• Right to Constitutional Remedies


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Fundamental Duties Important for ManagersArticle 51A

• To develop scientific temper, humanism and sprit of inquiry

and reform

• To strive towards excellence in all spheres of individual and

levels of endeavour an achievement


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Directive Principles (Articles 36 to 51)

• Enshrines the fundamentals for the realization of which the

state stands. They are not enforced by the court.

Equal pay for equal work for both men and women

Living wage condition

Workers participation in management of industries


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Finance,Property,Contracts Suits, Trade andCommerce

• (Articles 264 to 307)

• .

• Distribution of Revenues between the Union and the States.

• ,

carrying on of any trade or business and to the acquisition,

holding and disposal of property and the making of contractsfor any purpose.


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Finance,Property,Contracts Suits, Trade and

Contract, Suits and proceedings

,


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t er rov s ons

• Services

• Official Language

• mergency prov s ons

• Amendment of the Constitution


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Structure of Judiciary

• The Supreme Court

• The High Court

• The Subordinate courts


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Types of Petitions

• Power to Issue Writs

• Habeas Corpus: To secure release from confinement of a

person unlawfully detained.

• Mandamus: To do his duty.• Prohibition: Restrain a judge from hearing a case in which he

is personally related.

• Quo Warranto:To declare the office to be vacant.• Certiorari: Removal of suite from inferior court.


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Rules of Natural Justice

• No one can be a judge in his own cause. A judge should be

able to act impartially, objectively and without any bias.

• No one s ou e con emne w t out e ng ear . T s s

based on Audi alter am Partem (Hear the other side).

• o one can e pena ze on e groun o con uc w c was

not penal on the day it was committed.

-


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Public Interest litigation

• Mode by which an individual or group seeks relief from

purpose


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Constitution

• Legislative power

• a) Parliament• b) State

• Parliament ----- Union list e.g.. defence,railways etc

• State ------State list e.g. public health• Parliament and State legislature– Concurrent list e.g.

forest,electricity


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Bill

• Laws in the shape of bills are passed by legislature (parliament

for central laws and state legislature for state laws) and them

assent. It is only after the assent of the President/Governor that

a bill becomes an act Statute

• When the statute lays down that the executive can makerules or regulations, it is called subordinate or delegated

legislation


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Basic Principles of the Constitution

• Popular Sovereignty

• Socialism• Secularism

• Fundamental rights

• Directive Principles of the state policy• Judicial Independence

• Federalism

• Cabinet Government


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o ng us ness n n a

a s us ness aw

• us ness aw s a ranc o aw w c compr ses awsconcerning trade, industry and commerce. It refers to the rulesand regulations which govern the formation and execution ofus ness ransac ons ma e y var ous persons n e soc e y.

• ,goods, partnership, company and many other economic lawshaving a bearing on trade, industry and commerce.

s o en cons ere o e a ranc o .


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Any person can claim the right to do business, trade,

em lo ment in India. This is not a fundamental ri ht butthe restraint of the same is a breach of livelihood as

provided by the constitution of India.

The term person means a legal and a natural person.

, , ,

companies.

ere s aw regu a ng a o e a ove ega persons

including Partnership Act, Societies Registration Act,

Com anies Act.


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Business laws

Contracts,

Law of corporations,

Pensions & Benefits,

Trusts & Estates,Securities law,

Intellectual Property ,

Immigration Law,

Labor Law,

Antitrust,Secured Transactions,

Employment LawBankruptcy

Commercial Paper,

Income Tax,

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