Indian Constitution

Social & Legal Issues

Introduction

to

Constitution of India


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

Austin


We all have encountered Law in our daily lives

HOW?

Through basic living including elements like our house, assets, Television, etc.

“ignorantia juris non excusat”


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


Working of the Indian Legal SystemConstitution

Legislature

Representative of the people and makers of the

law

Lok sabha/Rajya Sabha

State Legislature

Judiciary

Responsible for up holding the

constitution & legal principles.

Deciding Power

Bureaucracy

Responsible for the support to the governmental tasks

including administration, etc.

Includes police and other authorities.

Enforcement responsibilities


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.


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



Legal Provisions

Civil Laws and Criminal Laws


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)



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 Article 12-35

• Right to Equality

• Right to Freedom

• Right Against Exploitation

• Right to freedom of Religion

• Cultural and Educational Rights

• Right to Constitutional Remedies


Fundamental Duties Important for Managers Article 51 A

• There are 10 fundamental duties of every citizen of Indai

• Their enumeration is mainly for laying down the code of conduct for citizens

• Fundamental duties relevant for the manager are: 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


Directive Principles (Articles 36 to 51)

• Directive Principles lay down the code of conduct for the administrators in India

• They are the directives to various governments and its agencies to be followed in the governance of the country.

• They are not enforced by the court. • Some of the relevant directive principles are: Equal pay for equal work for both men and women Living wage, conditions of work Workers participation in management of industries


Finance,Property,Contracts Suits, Trade and Commerce

• (Articles 264 to 307)• Some of the relevant provisions of the constitution under this

group are:• 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, 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.


Finance, Property, Contracts Suits, Trade and Commerce

Contract, Suits and proceedings Freedom of trade,commerce throughout India


Other Provisions

• Services under the Union and the States and Public Service Commission

• Election

• Official Language

• Emergency provisions

• Amendment of the Constitution


Structure of Judiciary

• The Supreme Court

• The High Court

• The Subordinate courts


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.


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 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


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


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


Doing Business in India

What is Business Law?

• “Business Law” is that branch of law which comprises laws concerning trade, industry and commerce. It refers to the rules and regulations which govern the formation and execution of business transactions made by various persons in the society.

• Business Laws includes laws relating to 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.



Any person can claim the right to do business, trade, employment in India. This is not a fundamental right 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, societies, trusts, partnership & companies.

There is law regulating all of the above legal persons including Partnership Act, Societies Registration Act,

Companies Act.


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

Date post:	19-Nov-2014
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