WHAT IS LAW
Command of sovereign
Backed by sanctions
Element of coercion
Source - Dharma/Constitution
* Not the king / Govt
TYPES OF LAWS
Substantive law
Procedural law
Law of torts
LEGAL SYSTEM
System of rules/Bylaws/Regulations
Machinery for regular / Effective
reinforcement
LEGAL SYSTEM IN INDIA
Ancient system.
Manusmriti
Chanakya
Modern legal system
On advent of east India coy (1600 AD)
Presidency courts
Various Acts( GOI acts etc 1858/1935)
Constitution of India
CONSTITUTION OF INDIA
PREAMBLE
We the people of India, having
solemnly resolved to constitute India
into a:
SOVEREIGN, SOCIALIST, SECULAR
DEMOCRATIC, REPUBLIC, and to secure
to all its citizens.
JUSTICE : Social, economic and
political.
LIBERTY : Of thought, expression,
belief, faith and
worship.
EQUALITY : Of status and
opportunity
and to promote among
them all fraternity.
FRATERNITY: Assuring the
dignity of
the individual
and the unity,
integrity of
nation.
IN OUR CONSTITUENT
ASSEMBLY : This twenty six
day of 1949, do hereby adopt,
enact and give to ourselves
this, constitution.
INDIAN CONSTITUTION
Preamble – basic philosophy of document
Sovereign- No subordination to other power.
Republic – Govt By/ For the People .
Democratic - Govt and Society.
Socialistic – Different brand of socialism .
Intended to uplift Have nots
INDIAN CONSTITUTION
SALIENT FEATURES
Result of research and & deliberations.
Lengthiest written constitution
By constituent assembly
Sovereign entity
Supplement by multiple amendments
Practically re-casted by 42,43 & 44
More flexible than rigid
Easy Amendments
SALIENT FEATURES contd..
Fundamental rights and constitutional
remedies.
Reasonable restrictions.
Independent judiciary / Judicial review .
On lines of American constitution .
Separation of power.
Judiciary/ Executive/ Parliament.
Fundamental duties .
Non – Enforceable .
SALIENT FEATURES contd..
Universal franchise.
Wider spectrum of population.
Federal system with unitary bias .
Emergency and Residual powers
ART - 14 EQUALITY BEFORE
LAW
The state shall not deny to any
person equality before the law
or equal protection of the laws
within the territory of India.
Art. 15 :
Prohibition of discrimination on
Grounds of religion, race, caste sex or
place Of birth.
1. The state shall not discriminate against
any citizen on grounds only of religion,
race, caste, sex, place of birth or any of
them.
2. No citizen shall, on grounds only
on religion, race, caste, sex, place of
birth or any of them be subject to any
disability, liability, restriction or
condition With regard to :
• Access to shops, public restaurants,
hotels and places of public entertainment;
or
• The use of wells, tanks bathing ghats
roads and places of public resort maintain
wholly or partly out of State funds or
dedicated to the use of general public.
3. Nothing in this article shall prevent the
State from making nay special provision
For women and children.
4.
Nothing in this article or in
clause(2) Of article 29 shall prevent
the state from making any special
provision for the advancement of
any socially and educationally
backward classes of citizens or for
the SC/ST.
16. EQUALITY OF OPPROTU-
NITY IN MATTERS OF PUBLIC
EMPLOYMENT
1. There shall be equality of opportunity
for all citizens in matters relating to
employment or appointment to any
office under the state.
2.
No citizen shall, on grounds only
of religion, race caste sex descent
place of birth, residence or any of
them, be ineligible for, or discrimi-
nated against in respect of any
employment or office under the
State.
RIGHT TO FREEDOM
19. PROTECTION OF CERTAIN RIGHTS
REGARDING FREEDOM OF SPEECH,
ETC.
a. Freedom of speech and
expression,
b. Assemble peaceably and
without arms
c. Form associations or unions;
d. Move freely throughout the
territory of India;
e. Reside and settle in any part
of the territory of India
f. Practice any profession, or to
carry on any occupation,
trade or business.
20. PROTECTION IN RESPECT
OF CONVICTION OF OFFENCES
1. No person shall be convicted of any offence
except for violation of a law in force at the
time of the commission of the act charged
as an offence, nor be subjected to a penalty
greater than that which might have been
inflicted under the law in force at the time
of the commission of the offence.
2. No person shall be prosecuted and
punished for the same offence more
than once.
3. No person accused of any offence
shall be compelled to be a witness
against himself.
PROTECTION OF LIFE AND
PERSONAL LIBERTY
No person shall be deprived of
his life or personal liberty except
according to procedure
established by law.
Any ???????
