Social & Legal Issues

Introduction
to
Constitution of India
 Social & Legal Issues

“A law is a rule of conduct imposed

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

house, assets, Television, etc.

“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
society i.e. legislature, judiciary and bureaucracy
 Social & Legal Issues

Working of the Indian Legal System

Constitution

Judiciary Bureaucracy
Legislature

Representative of the Responsible for up Responsible for the support to

people and makers of the holding the the governmental tasks
law constitution & legal including administration, etc.
principles. Includes police and other
Lok sabha/Rajya Sabha
authorities.
State Legislature Enforcement responsibilities
Deciding Power
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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 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.
 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

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Legal Provisions

Civil Laws and Criminal Laws

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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.
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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
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, 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.
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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
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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
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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
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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.
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Finance, Property, Contracts Suits, Trade and

Commerce

 Contract, Suits and proceedings

 Freedom of trade,commerce throughout India
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Other Provisions

• Services under the Union and the States and Public Service
Commission
• Election
• Official Language
• Emergency provisions
• 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 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
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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
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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
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
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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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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.
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Working of the Indian Legal System

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.
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Business laws
Contracts, Pensions & Benefits,
Law of corporations, Trusts & Estates,
Securities law, Immigration Law,
Intellectual Property , Labor Law,
Antitrust, Employment Law
Secured Transactions, Bankruptcy
Commercial Paper,
Income Tax,