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Introduction
to
Constitution of India
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“A law is a rule of conduct im osed
and enforced by the sovereign”
Austin
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We all have encountered Law in our daily lives
HOW?
Through basic living including elements like our
ouse, asse s, e ev s on, e c.
“ignorantia juris non excusat”
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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
soc e y .e. ,
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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 commonareas but the same have overriding powers to the
centra government
Bureaucracy at central and state level providessupport to the legislature. This is not a subordinate
function but a facilitation function.
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Working of the Indian Legal System
Judiciary is responsible for upholding the law. The highest court isSupreme Court, followed by State level High Courts and then by
subordinate courts.
The legal provisions are of two kinds Civil Laws and CriminalLaws
Civil Laws are such laws that are protecting rights given to citizensthrough 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
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Legal Provisions
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CRIMINAL LAWS
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
• Examples: Theft by (deception or unlawful taking),
trafficking in controlled substances, alcohol intoxication etc.
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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
behavior.
• Examples: Landlord/Tenant disputes,divorce proceedings, child
custody proceedings, property disputes (real estate or material)
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,
Protection Law & Patents Act are civil laws.
Note: Constitution of India is not an act or
,
for making laws, etc.
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Fundamental Rights Article 12-35
• Right to Equality
• Right to Freedom
• Ri ht A ainst Ex loitation
• Right to freedom of Religion
• Cultural and Educational Ri hts
• Right to Constitutional Remedies
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Fundamental Duties Important for ManagersArticle 51A
• To develop scientific temper, humanism and sprit of inquiry
and reform
• To strive towards excellence in all spheres of individual and
levels of endeavour an achievement
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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
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Finance,Property,Contracts Suits, Trade andCommerce
• (Articles 264 to 307)
• .
• Distribution of Revenues between the Union and the States.
• ,
carrying on of any trade or business and to the acquisition,
holding and disposal of property and the making of contractsfor any purpose.
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Finance,Property,Contracts Suits, Trade and
Contract, Suits and proceedings
,
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t er rov s ons
• Services
• Official Language
• mergency prov s ons
• Amendment of the Constitution
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Structure of Judiciary
• The Supreme Court
• The High Court
• The Subordinate courts
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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.
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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 s ou e con emne w t out e ng ear . T s s
based on Audi alter am Partem (Hear the other side).
• o one can e pena ze on e groun o con uc w c was
not penal on the day it was committed.
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Public Interest litigation
• Mode by which an individual or group seeks relief from
purpose
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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
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Bill
• Laws in the shape of bills are passed by legislature (parliament
for central laws and state legislature for state laws) and them
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 makerules or regulations, it is called subordinate or delegated
legislation
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Basic Principles of the Constitution
• Popular Sovereignty
• Socialism• Secularism
• Fundamental rights
• Directive Principles of the state policy• Judicial Independence
• Federalism
• Cabinet Government
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o ng us ness n n a
a s us ness aw
• us ness aw s a ranc o aw w c compr ses awsconcerning trade, industry and commerce. It refers to the rulesand regulations which govern the formation and execution ofus ness ransac ons ma e y var ous persons n e soc e y.
• ,goods, partnership, company and many other economic lawshaving a bearing on trade, industry and commerce.
s o en cons ere o e a ranc o .
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Working of the Indian Legal System
Any person can claim the right to do business, trade,
em lo ment in India. This is not a fundamental ri ht butthe 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.
, , ,
companies.
ere s aw regu a ng a o e a ove ega persons
including Partnership Act, Societies Registration Act,
Com anies Act.
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Business laws
Contracts,
Law of corporations,
Pensions & Benefits,
Trusts & Estates,Securities law,
Intellectual Property ,
Immigration Law,
Labor Law,
Antitrust,Secured Transactions,
Employment LawBankruptcy
Commercial Paper,
Income Tax,