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WHAT IS LAW?
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LAW
Law is...
• an instrument of social justice of the state that seeks to provide justice, stability & security in the society
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Law
• Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people.
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Features
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Rule of law - The rule of law is a legal maxim that states no person is immune to law.
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Sources of law
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Customary law
• A custom that is observed continously for a very long period of time.
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Our India……..
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Legislation
• Promulgation of legal rules by an authority which has the power to do so. (Parliament, Legislatures, President, Governor, King/Queen etc.). Also known as Supreme Legislation. It is also known as statutes.
Indian Context
• India adopted the Constitution on 26 January 1950
• Highest law of the land• Constitution providing the governing mechanism
of the country• Executive having powers to make legislation.• Dept of legislative affairs
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• Every Act is a piece of legislation made into law after passing the process of enactment.
Draft Bill to Act
Procedure
• A Bill (draft form of the law)is introduced say in the lok sabha by a member of parliament
• Lok Sabha takes it for discussion
• A Bill can be accepted, rejected or referred to a select committee for necessary revision
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Making of an Act
• If it is accepted or passed, it is sent to the other house of the Parliament
• The Rajya Sabha can accept it or reject it with modifications
• The bill is sent to President for giving his assent
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Contd-
• Thereafter the Bill becomes an Act
• After publishing in the Official Gazette, the Act comes into operation either from the date of publication or on a date as may be specified in the Act
• Thus, a new law come into being by Parliament Activity
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Contd---
• Acts provide overall framework and delegates the function of providing details to the executive.
• Executive provide the details for the working of an Act by making rules, notifications regulations and government orders
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Case Law
• Acts are written in a given context within certain horizons.
• Over period of time Act remains the same but the contexts differ
• Hence, reading the text becomes crucial to decide the working of law
• Courts create law by giving new meaning to the legal provisions.
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Case Law
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Precedent• According to Oxford Dictionary, Precedent is a
previous instance or case which is, or may be taken as an example of rule for subsequent cases, or by which some similar act or circumstances may be supported or justified.
• Precedents are the results of creative role of the judges while dealing cases.
General Classification of Law
• Public Law – Law that determines and regulates the organization and functioning of states + Relation of the state with its subjects• Constitutional Law• Administrative law• Criminal law
• Private Law – Regulates the relations of citizens with each other ex: law of contract, property
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Classification of law
• Criminal law: Certain offences are considered as wrong doings against the state and are punishable by the state. Ex: Murder, Acts of terrorism
• Civil Law: Concerned with the rights and duties of individuals towards each other ex: Law of Tort – monetary damage are sought for the damage or injury caused.
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Contd…….
• Substantive law: law on a specific subject: Deals with the Legal rights, obligations and relationships of people versus people or between them and the state.
• Procedural law: It lays down methods by which substantive Law is made and administered.
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Classification of Law• International Law; It is a set of generally accepted
rules and regulations controlling the conduct of nations, international organizations and individuals.
• International Court of Justice• World Trade Organization (Governing
International Business transactions)• GATT• Accepted rule of territorial limit: 12 nautical
miles from the coast
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Different Laws that you as manager will come across……….. {Indian context}• General Laws, • Procedural Laws• Commercial & Corporate Laws• Environmental Laws• Labor and Industrial Laws• Taxation Laws
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• Law (provisions of Act) is binding in nature on those to whom it applies – individuals, general society, corporates, firms, or any groups in the society.
• To regulate different subject matters, a separate law may be enacted, such as taxation, companies, environment, labour and industry matters, minimum wages, crimes, procedures of courts – both criminal and civil courts, manner of ascertaining facts by evaluating the evidence etc.
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• Each Act is identified with a Title such as “The Indian Contract Act, 1872”, “The Companies Act, 1956” etc.
• The year at the end of the name of the Act signifies the year in which it is enacted as law.
• Below the Title of Act, a preamble will be there which gives the purpose or object for which that Act is enacted.
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• The entire text of the Act is divided into various Sections and some Acts may also have Schedules with cross reference to a particular Section of the Act
Layout
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The 1st Section of any Act contains three sub-sections, namely:
(i) Short Title (This Act may be called …”The Indian Contract Act, 1872”)
(ii) Extent (it extends to the whole of India or to any part of the country or a State)
(iii) Commencement (it gives the date from which the Act commences its operation or a power is given to the Government to declare any date in future to give effect to the provisions of the Act).
Contd-• Section 2: Interpretation or
Definitions (of certain terms and words used in the text of the Act are interpreted or defined and that definition should be relevant for interpretation of any matter dealt in the Act).
• Subsequent Sections sometimes create certain authorities to enforce the provisions of the subject matter of that Act (Income Tax Officers, Company Law Board, Enforcement Directorate, etc.)
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Contd-• Appellate Authorities are created within
the Act to provide a chance to appeal against the actions or orders of the Enforcement Authorities of the Act.
• When no Enforcement Authorities or Appellate Authorities are stated in the Act, then normal Civil Courts of the country deal with such cases. (As in the case of Contract Act, Sale of Goods Act, Partnership Act etc.)
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Constitution of India
• Fundamental Law of the Land• Preamble – Socialist, Secular, Democratic,
Republic• Constitution provides for separation of
powers
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Executive- Applies law
Legislature-makes laws
Judiciary- Interprets law
Constitution of India
• Fundamental rightsFundamental rights• Right to equality• Right to freedom of
speech• Right to life and
personal Liberty• Right against
exploitation• Right to freedom of
religion
• Directive PrinciplesDirective Principles of State policy• Equal justice and
free legal aid• Organisation of
village Panchayats• Protection and
improvement of the environment
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Indian Judiciary
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Subordinate courts
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Civil Case/Suit
• Plaintiff vs. Defendant
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RamprasadBaldeo
Parties
Criminal Case
• State vs Accused
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Charles ShobrajCountry
Parties
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