indian constitution finalmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

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1. Social & Legal Issues
Introduction
to
Constitution of India

2. Social & Legal Issues
“A law is a rule of conduct imposed
and enforced by the sovereign”
Austin

3. Social & Legal Issues
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”

4. Social & Legal Issues
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

5. Social & Legal Issues
Working of the Indian Legal System
Constitution
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

6. Social & Legal Issues
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.

7. Social & Legal Issues
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
Working of the Indian Legal System

8. Social & Legal Issues
Legal Provisions

Civil Laws and Criminal Laws

9. Social & Legal Issues
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.

10. Social & Legal Issues
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)

11. 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.

12. Social & Legal Issues
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

13. Social & Legal Issues
Fundamental Duties Important for Managers
Article 12-35
•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

14. Social & Legal Issues
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

15. Social & Legal Issues
Finance,Property,Contracts Suits, Trade and
Commerce
•(Articles 264 to 307)
•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.

16. Social & Legal Issues
Finance,Property,Contracts Suits, Trade and
Commerce
Contract, Suits and proceedings
Freedom of trade,commerce throughout India

17. Social & Legal Issues
Other Provisions
•Services
•Election
•Official Language
•Emergency provisions
•Amendment of the Constitution

18. Social & Legal Issues
Structure of Judiciary
•The Supreme Court
•The High Court
•The Subordinate courts

19. Social & Legal Issues
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.

20. Social & Legal Issues
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

21. Social & Legal Issues
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

22. Social & Legal Issues
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

23. Social & Legal Issues
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

24. Social & Legal Issues
Basic Principles of the Constitution
•Popular Sovereignty
•Socialism
•Secularism
•Fundamental rights
•Directive Principles of the state policy
•Judicial Independence
•Federalism
•Cabinet Government

25. Social & Legal Issues
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.

26. Social & Legal Issues
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.

27. Social & Legal Issues
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