Social & Legal Issues

Introduction
to
Constitution of India

Social & Legal Issues

A
A law is a rule of conduct imposed
and enforced by the sovereign
Austin

Social & Legal Issues

We all have encountered Law in our daily lives

HOW?
Through basic living including elements like our
h
house,
assets,
t T
Television,
l ii
etc.
t

ignorantia juris non excusat

Social & Legal Issues

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.
i e legislature,
legislature judiciary and bureaucracy

Social & Legal Issues

Working of the Indian Legal System

Constitution

Legislature
Representative of the
people and makers of the
law
Lok sabha/Rajya Sabha
State Legislature

Judiciary

Bureaucracy

Responsible for up
holding the
constitution & legal
principles.

Responsible
p
for the support
pp to
the governmental tasks
including administration, etc.

Deciding Power

Enforcement responsibilities

police and other

Includes p
authorities.

Social & Legal Issues

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
g
makes state level laws within the
state list (as per constitution). There are common
areas but the same have overriding powers to the
centrall government
Bureaucracy at central and state level provides
support to the legislature. This is not a subordinate
function but a facilitation function.

Social & Legal Issues

Working of the Indian Legal System

Judiciary is responsible for upholding the law. The highest court is
Supreme Court, followed by State level High Courts and then by
subordinate courts.
The legal provisions are of two kinds Civil Laws and Criminal
Laws
Civil Laws are such laws that are protecting rights given to citizens
through 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

Social & Legal Issues

Legal Provisions

Civil Laws and Criminal Laws

Social & Legal Issues

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.

Social & Legal Issues

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)

Social & Legal Issues

Working of the Indian Legal System

Legal statutes like the Companies Act,
Act Consumer
Protection Law & Patents Act are civil laws
hence must be enforced by the citizens/persons.
citizens/persons

Note: Constitution of India is not an act or

law it is the enabling law outlining principles
law,
for making laws, etc.

Social & Legal Issues

Fundamental Rights

Right to Equality
Right to Freedom
Right
g Against
g
Exploitation
p
Right to freedom of Religion
Cultural and Educational Rights
g
Right to Constitutional Remedies

Article 12-35

Social & Legal Issues

Fundamental Duties Important for Managers

Article 51A
To develop scientific temper, humanism and sprit of inquiry
and reform
To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour an achievement

Social & Legal Issues

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

Social & Legal Issues

Finance,Property,Contracts Suits, Trade and

Commerce

(Articles 264 to 307)

law
No tax shall be levied or collected expect by authority of law.
Distribution of Revenues between the Union and the States.
The executive powers of the Union and of each State,
State include
carrying on of any trade or business and to the acquisition,
holding and disposal of property and the making of contracts
for any purpose.

Social & Legal Issues

Finance,Property,Contracts Suits, Trade and

Commerce

Contract, Suits and proceedings

Freedom of trade
trade,commerce
commerce throughout India

Social & Legal Issues

Oth Provisions
Other
P ii

Services
Election
Official Language
Emergency provisions
Amendment of the Constitution

Social & Legal Issues

Structure of Judiciary

The Supreme Court

The High Court
The Subordinate courts

Social & Legal Issues

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.

Social & Legal Issues

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
N one should
h ld be
b condemned
d
d without
ih
being
b i heard.
h d This
Thi is
i
based on Audi alter am Partem (Hear the other side).
No
N one can bbe penalized
li d on the
th groundd off conduct
d t which
hi h was
not penal on the day it was committed.
A quasi
quasi-judicial
judicial order must be supported by reasons

Social & Legal Issues

Public Interest litigation

Mode by which an individual or group seeks relief from

courts, in the interest of general public and not for its own
purpose

Social & Legal Issues

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

Social & Legal Issues

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

Social & Legal Issues

Basic Principles of the Constitution

Popular Sovereignty
Socialism
Secularism
Fundamental rights
Directive Principles of the state policy
Judicial Independence
Federalism

Cabinet Government

Social & Legal Issues

D i Business
Doing
B i
in
i India
I di
Wh t is
What
i Business
B i
Law?
L ?
B
Business
i
L
Law is
i that
th t branch
b
h off law
l which
hi h comprises
i laws
l
concerning trade, industry and commerce. It refers to the rules
and regulations which govern the formation and execution of
b i
business
transactions
t
ti
made
d by
b various
i
persons in
i the
th society.
i t
Business Laws includes laws relating to contract,
contract sale of
goods, partnership, company and many other economic laws
having a bearing on trade, industry and commerce.
It is often considered to be a branch of CIVIL LAW.
LAW

Social & Legal Issues

Working of the Indian Legal System

Any person can claim the right to do business, trade,
employment
p y
in India. This is not a fundamental right
g but
the 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.
Legal persons include
include, societies,
societies trusts
trusts, partnership &
companies.
There is law regulating all of the above legal persons
including Partnership Act, Societies Registration Act,
Companies Act.

Social & Legal Issues

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