I.

U
Introduction to Law and Legal
System
.S
.L
N
Dr. Sairam Bhat
Professor of Law
NLSIU
 What is Law?
• Law is a discipline: rules of conduct in a society
• Ignorance of Law-is a excuse

I.U
• Law as a instrument of change
• Law is dynamic and never static

.S
• Object and purpose of Law?
.L
• Obedience of law: always a challenge
N
• Law ensures rights-duty
• Law inside and outside
• Law as a instrument of empowerment
 Law Making
• Acts
•

I.U
Rules
• Ordinances, bye laws, circulars

.S
• Notifications
.L
• Customs and usages
N
 Legal System

I.U
.S
.L
Common law Civil Law
N

• Judicial law making

• Codification
 Forms of Government
• Parliamentary
• Presidential form

I.U
.S
.L
N
 Legal System in India
• Separation of power theory
• Strict separation not possible

I.U
• Executive law making: Delegated
legislations

.S
– Rules .L
– Regulations
N
– Notifications
– Bye-laws
– circulars
• Judicial Administrative functions
 Quasi Judicial system
• Executive Quasi Judicial functions:
– DC on land Acquisition: Land Acquisition Act

I.U
– IT Commissioners; Commissioner (Appeals): IT Act
– Domestic Enquiry
– Registrar of Cooperative: Arbitrator between

.S
Cooperative
– Director General of Anti-Dumping Duty
.L
N
• Quasi Judicial Simliplicitor:
– Consumer Forums
– Competition Commission
– Securities Appellate Tribunal
• Bar on jurisdiction of civil courts
Principles guiding the legal system:
Purpose of law
• Game theory: Motorist driving on a busy
street-foreseeability

I.U
• Duty of care: Donoghue v Stevenson
• Justice, equity and good conscience

.S
.L
• 3 Sailors eat the cabin boy [R v Dudley
N
and Stephens 1884]
 Sources of Law
• Custom: long practices/without objection/not expressly in
violation of statute

I.U
– Loosing ground: sati/polygamy/dowry/female-coequal share
– Religion and custom: Anti superstitious Act/Women not allowed in a
temple/killing cow
– Morality and custom: 377-Khap ruling

.S
• Legislation: Supreme Legislation: Acts
.L
– Subordinate legislations
Rules/Regulations/orders/byelaws/notification
N
• Precedent: legislating from bench
– Ex: Kesavananda Bharati v. State of Kerala/Right to healthcare case
– Ratio decidendi and obiter dictum
– Supreme Court not bound by its own decision
• International instruments
 Classification of Law
• Public Law
– Constitutional Law

I.U
– Environmental Law
– Criminal Law
• Private Law
.S
.L
– Personal Law: marriage/succession
N

– Law of obligations: tort/contract/property law

• Substantive Law and Procedural Law
 Constitution of India
• 450 Articles, 22 parts, 12 schedules
• Preamble
• Art 1: Territory of India
• Citizenship [Part II]
• Fundamental Rights [Part III]

I.U
– Art 12
– Art 14: non-arbitrariness, fairness and equity
– Art 19 (1)(g)
– Ivory Traders Association v UOI 1997 and Lottery case 2009
– Art 21: right to life and liberty
–

.S
Protection against arrest and detention
– Art 30: Right of Religious Institution to administer and manage [Churches of God v KKR Majestic
Association 2003] .L
– Art 31: Right to Property?
• Directive Principles of State Policy [Part IV]
– Art 39(b)©
N
– Art 44: UCC
• Fundamental Duties
• The Union
– Art 299: Executive power
– Art 300 : Suits against Govt
• The State
• Panchayat and Municipal System [Part IX]
 Legislative division of powers
between Union and State
• Seventh Schedule
• When Union can legislate in State subjects

I.U
– Emergency
– National Interest/Commitment at International
Conventions
.S
.L
– Two or more State ask the Union to make a
N
law[ Art 252]
 Other Important Provisions
• Amending Powers Art 368
– Basic Structure theory [Keshavananda Bharti

I.U
Case 1973]
• Emergency Powers

.S
• President’s Rules Art 356: S R Bommai v
.L
UOI 1994
N

• Original intention in the Constitution:

Separation of powers:
 Judicial System
Supreme Court [Appellate/Original jurisdiction]

I.U
High Court [Appellate/Original jurisdiction]

.S
.L
District Court/Session Court [Appellate/Original jurisdiction]
N

Civil Judge/Senior/Junior division Magistrate Court [First/Second

class]
 Other Special courts
• MV Court

I.U
• Court of small causes
• Fast track Courts

.S
• Family Courts
.L
N
 PIL
• Remedies available under Art 32/226: Writ

I.U
– Habeas Corpus
– Mandamus

.S
– Prohibition/Certiorari
– Quo Warranto
.L
N
 ADR
• Act of 1940/1996
• Mediation

I.U
• Conciliation
• Arbitration

.S
• Powers of Arbitrator/Forms of Arbitration
.L
• Procedure for appointment
•
N
Former Arbitral award
• Indian Council of Arbitration was formed in 1965
[Act]