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We all have encountered Law in our daily lives HOW? Through basic living including elements like our house, assets, Television, etc.
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 society i.e. legislature, judiciary and bureaucracy
Legislature
Representative of the people and makers of the law Lok sabha/Rajya Sabha State Legislature
Judiciary
Bureaucracy
Responsible for the support to the governmental tasks including administration, etc. Includes police and other authorities. Enforcement responsibilities
Deciding Power
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 common areas but the same have overriding powers to the central government Bureaucracy at central and state level provides support to the legislature. This is not a subordinate function but a facilitation function.
Legal Provisions
CRIMINAL LAWS
Definition: Criminal law also known penal law is the body of statutory 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 exceptional cases the death penalty. Examples: Theft by (deception or unlawful taking), murder,assault,robbery, trafficking in controlled substances, alcohol intoxication etc.
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 only reimburses the plaintiff for losses caused by the defendants behavior. Examples: Landlord/Tenant disputes,divorce proceedings, child custody proceedings, property disputes (real estate or material)
Working of the Indian Legal System Legal statutes like the Companies Act, Consumer Protection Law & Patents Act are civil laws hence must be enforced by the citizens/persons.
Note: Constitution of India is not an act or law, it is the enabling law outlining principles for making laws, etc.
Fundamental Rights
Right to Equality Right to Freedom Right Against Exploitation Right to freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies
Article 12-35
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
Other Provisions
Services Election Official Language Emergency provisions Amendment of the Constitution
Structure of Judiciary
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 should be condemned without being heard. This is based on Audi alter am Partem (Hear the other side). No one can be penalized on the ground of conduct which was not penal on the day it was committed. A quasi-judicial order must be supported by reasons
Mode by which an individual or group seeks relief from courts, in the interest of general public and not for its own purpose
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
Bill
Laws in the shape of bills are passed by legislature (parliament for central laws and state legislature for state laws) and them sent to the president of India (governor of the state) for his 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 make rules or regulations, it is called subordinate or delegated legislation
Basic Principles of the Constitution Popular Sovereignty Socialism Secularism Fundamental rights Directive Principles of the state policy Judicial Independence Federalism
Cabinet Government
Business laws
Contracts, Law of corporations, Securities law, Intellectual Property , Antitrust, Secured Transactions, Commercial Paper, Income Tax, Pensions & Benefits, Trusts & Estates, Immigration Law, Labor Law, Employment Law Bankruptcy