CONSTITUTIONA to Z

-Bharat Kumar Singh

IMPORTANT COMMITTEES AND COMMISSIONS

1. Drafting Committee of the Constitution: Chairperson - Dr. B.R. Ambedkar.

2. Committee on Fundamental Rights: Headed by Sardar Patel.

3. State Reorganization Commission: Headed by Justice Fazal Ali. It recommendedreorganization of states on language basis. Andhra Pradesh was created first on thisbasis.

4. Sarkaria Commission: Recommendations on Centre-State Relations.

5. Santhanam Committee: Headed by K. Santhanam for Prevention of Corruption(CVC or Central Vigilance Commission was created on its recommendations).

6. Dharam Vir Commission: Police Reforms.

7. Chelliah Committee: Tax Reforms.

8. Balwant Rai Mehta Committee (1952): Panchayati Raj in the country.

9. Ashok Mehta Committee (1977): For review of Panchayati Raj.

10. Narsimhan Committee: Banking Reforms.

11. Malhotra Committee: Insurance Reforms.

12. Janaki Raman Committee: Securities Scam

13. Vohra Committee: Criminalization of politics.

SOME RECENT COMMITTEES/COMMISSIONS

1. J. R.S. Pathak Committee: Enquiry into Volcker Committee Report.

2. J. Nanavati Commission: Anti-Sikh riots in 1984. Submitted Report recently.

3. J. M.K. Mukerji Commission: Disappearance of Netaji Subhash Bose.

4. J. U.C. Banerji Committee: Probe into cause of fire at Godhra which led tocommunal riots in Gujarat.

5. J. S.N. Phukan Commission: Probe into Tehelka Exposure about corruption indefense deals. Report was rejected and Commission was wound up by Parliament.

6. J. Malimath Committee: Report on reform in Criminal Justice Administration Systemin the country.

7. J.J. Irani Committee: Reform in Company Law.

8. Rakesh Mohan Committee: Report on Private Investment in Infrastructure.

Note: Commissions and Committees are different bodies. Commissions are constitutedunder the Commission of Enquiry Act, 1952. Committees are created by the Executive

for specific purpose. Committees can be upgraded into Commissions e.g. the J. U.C.Banerji Committee is recently upgraded to be a Commission.

IMPORTANT INTERNATIONAL CONVENTIONS/TREATIES AND CONFERENCES

1. Hague Conventions of 1899 and 1907: Development of International Law.

2. Geneva Conventions, 1864, 1906, 1949: International Law relating to sick andwounded soldiers and Prisoners of War (POW).

3. Berne Convention (1866): International Law for Protection of Copyright.

4. Stockholm’s Conference on Human Environment (1972): Protection ofEcology and Environment along with development (the concept of SustainableDevelopment). June 5 is World Environment Day as International Conference started onthis day.

5. Montreal Protocol (1987): Control CFC production and consumption to saveenvironment from pollution. Treaty on Ozone hole signed.

6. Rio Earth Summit (1982) at Rio De Generio: Agenda 21 drafted to preventenvironmental degradation.

7. World Summit on Sustainable Development (2002): Concluded at Johannesburg.

8. Kyoto Conference (1997): Kyoto Protocol signed to reduce green house effect.

9. Vienna Congress (1815): First treaty on International Law.

10. Vienna Convention (1961): Law relating to diplomatic relations among States.

IMPORTANT U.N. CONVENTIONS/DECLARATIONS

1. UDHR (Universal Declaration of Human Rights) signed on December 10, 1949.December 10 is celebrated as International Human Rights Day.

2. CEDAW: (Convention of the Elimination of All Forms of Discrimination againstWomen) 1979.

3. Convention on Child Rights (1989).

4. UN Convention on the Law of Sea (1982)

5. UN Conventions on Climate Change, Bio-Diversity and Forestry (1992)

IMPORTANT LEGAL BOOKS

1. Manu Smriti — Manu (a code on ancient Hindu Law)

2. Artha Shastra — Kautilya (a book on the rules of statecraft (public admin)

3. Concept of Law — H.L.A. Hart

4. Law and Public Opinion in 19th Century England — A.V. Dicey

5. Learning the Law — G. Willims

6. Ancient Law — H. Maine

7. We the Nation — Nani Palkhivala

8. We the People — Nani A Palkhivala

9. International Law — Oppenheim

10. The Law of nations — Brierly

11. The Province of Jurisprudence defined — Austin

12. The Nuer — E.E. Evans Pritichard (A society without law is imagined in the book)

MAJOR CONSTITUTIONAL DEVELOPMENTS

The Regulating Act, 1773

First enactment by British Parliament to control and regulate East India Companyin India.

Lord Warren Hastings was appointed first Governor-General of India. The Supreme Court was established at Fort William (Calcutta) in 1774.

The Charter Act, 1833

Lord William Bentick was made first Governor General of India.

The Government of India Act, 1858

British Crown took the power and control over India from East India Company. The Governor General was made the Viceroy of India and Viceroy of the country.

The Indian Council Act, 1909: This Act was a result of Morley Minto Reforms and itintroduced the system of communal representation for Muslims for first time in India.

The Government of India Act, 1919

This Act is also called Montague Chemsford Reforms. The Scheme of Dyarchy i.e. dual governance was introduced in the country.

The Government of India Act, 1935

An all India Federation consisting of Provinces and Princely States as units wasestablished. It introduced provincial autonomy. This Act has maximum influenceon our Constitution.

The Indian Independence Act, 1947

It declared India as an independent and sovereign state. It was enacted by BritishParliament as per the Mountbatten Plan.

FRAMING OF THE CONSTITUTION

Constituent Assembly was set up as per the Cabinet Mission Plan, 1946 whichframed and adopted the Constitution of India.

Mr. Sachidanand Sinha, a lawyer from Bihar acted as its interim President; Dr.Rajendra Prasad was elected as the President of Constituent Assembly.

The historic Objective Resolution was moved in the Assembly by Pandit Nehru,which later on formed the basis of Preamble to the constitution.

The Drafting committee of the Constitution was headed by Dr. B.R. Ambedkarwho is also called the father of the Constitution.

The Constitution was adopted on 26th November 1949 by the ConstituentAssembly and came into force on 26th January 1950. 26 November is called theLaw Day of India.

Indian Constitution is considered to be one of the lengthiest in the world, secondonly to the Constitution of Yugoslavia.

Originally it had 22 parts, 395 Articles and 8 Schedules.

ABOUT THE CONSTITUTION

Indian Constitution is contained in 22 parts and 12 schedules. Part III contains Fundamental Right. Part IV contains Directive Principles Part IX contains Panchayats and Part IX A contains Municipalities. Elections are contained in Part XV and Emergency Provisions contained in Part

XVIII. Sixth Schedule talks about administration and control of schedule areas and

schedule tribes (Assam, Meghalaya, Tripura and Mizoram) SEVENTH Schedule contains the three lists i.e. List-I (Union List: 99 subjects),

List II (State List: 61 subjects) and List-III (Concurrent List: 52 subjects). Eighth Schedule contains the list of official languages, which are 22, recognized

by the Governor. Ninth Schedule contains laws or enactments to be saved from judicial review or

scrutiny. Various land reforms legislations are contained in it. Tenth Schedule contains Anti-Defection Law added by 52nd Amendment of

1985. Eleventh schedule (29 subjects) and Twelfth Schedule (18 subjects) contains

matters relating to Panchayats and Municipalities added by 73rd and 74thConstitutional Amendments respectively.

IMPORTANT ARTICLES OF THE CONSTITUTIONS

Article 1: India, that is Bharat, shall be a Union of States.

Fundamental Rights

Article 14: Right to Equality. Article 17: Abolition of untouchability. Article 19: Right to Freedoms of Speech etc. Article 21: Right to Life and Personal Liberty. Article 21A: Right to Education (Added by 86th Amendment, 2002). Article 24: Prohibition of Child Labour. Article 25-28: Right to Freedom of Religion. Article 29-30: Cultural and Educational Rights to Minorities. Article 32: Right to Constitutional Remedies by issuance of writs by Supreme

and High Court.

Directive Principles (36-51)

Article 39A: Equal Justice and Free Legal Aid Article 44: Uniform Civil Code (least worked out Article in the Constitution). Article 48A: Protection of Environment. Article 51A: Fundamental Duties.

Other Provisions

Article 123: President‘s Power to make Ordinances. Article 136: Power to grant Special Leave to Appeal by Supreme Court. i.e.

filing of Special leave petitions (SLP) Article 141: Law declared by Supreme Court to be binding on all Courts. Article 226: Power of High Courts to issue certain writs. Article 300A: Right to Property (Earlier Contained in Article 31 as a Fundamental

Right removed by 44th Amendment, 1978, now only a Constitutional Right. Article 352: Proclamation of National Emergency by President. Article 356: President‘s Rule in a State in case of failure of Constitutional

machinery. Article 360: Financial Emergency. Article 368: Amendment of Constitution. Article 370: Special Status to the State of Jammu & Kashmir.

IMPORTANT AMENDMENTS TO THE CONSTITUTION

First Amendment (1951): 9th Schedule added to the Constitution to save landreforms laws from jurisdiction of the courts.

42nd Amendment (1976): Also called Mini Constitution‖as largest amendmentever. Preamble amended to include the words Secular, Socialist and integrity.Fundamental Duties added by Article 51A.

44th Amendment (1978): Right to Property (Article 31) was abolishedfrom the chapter of Fundamental Rights and included under Article 300A toremain a constitutional right.

61st Amendment (1989): Voting Age reduced from 21 to 18 years. 73rd and 74th Amendment (1992): Provisions relating to Panchayats and

Municipalities revived and Schedule XI and XII added. 84th Amendment (2000): Three New States Chhatishgarh, Uttaranchal and

Jharkhand created. 86th Amendment (2002): Right to Education is made Fundamental Right under

Article 21A. Fundamental Duties under Article 51A (k) amended to includeParent‘s fundamental duty for children education.

91st Amendment 2003: Anti-Defection Law i.e. disqualification of a Member ofParliament or Legislative Assembly on the ground of defection. Strengths ofCouncil of Ministers in Union as well as State are restricted to be not more than15% of total members.

92nd Amendment (2003): 8th Schedule to include four new languages i.e.Bodo, Dogri, Maithili and Santhali.

93rd Amendment (2004): Article 15 was amended to include a new clause. Itempowers the government to make law to provide reservations to socially andeducationally backward classes in all educational institutions including privateeducational institutions but not in minority institutions.

FIVE WRITS

Article 32 which guarantees right to constitutional remedies for violation of fundamentalrights, gives power to the Supreme Court to issue writs for enforcing the fundamentalrights.

Habeas Corpus: It means have the Corpus or have the body‘. This writ is anorder to detaining authority to produce a person before the court of law.

Mandamus: This writ is a Command to any public authority if it fails to or refusesto perform its legal duty.

Prohibition: This writ prohibits a lower court or judicial body to exceed itsjurisdiction if the Superior Court thinks that it is acting ultra virus i.e. beyond itsauthority.

Certiorari: This writ quashes the order of a lower court or tribunal if such bodyhas acted beyond its authority or exceeded its jurisdiction.

Quo Warranto: The Court asks a person through this writ by what authority orwarrant‖ he is holding a public office. This writ is issued in case of a personoccupying public office illegally.

The High Courts are also empowered by Article 226 of the Constitution to issue theabove writ as well as orders in the nature of writs.

FOREIGN SOURCES OF INDIAN CONSTITUTION

Parliament System — England Federalism — Canada Fundamental Rights — USA Directive Principles — Ireland Judicial Review — USA Emergency Provisions — Germany Concurrent List — Australia Amendment Process — South Africa Fundamental Duties — USSR Distribution of Power between Centre & State (Federalism) — Canada

CONCEPTS OF LAW AND JUSTICE

Law is a body of rules which regulates human conduct in a society and which isenforced by the State in the courts of law. Justice is the moral idea of being right, justand reasonable. Law aims to ensure justice in the society.

Classification of Law

Law can be classified into different categories on different bases. On the basis ofterritorial jurisdiction, law may be National or Municipal Law and International Law.Again it may be divided into Civil Law and Criminal Law or Public Law and Private Law.We should learn the meaning of each of them.

I. National or Municipal Law and International Law

All laws applying within the national boundaries are municipal laws. For example:Indian constitution or the statutes passed by Parliament and State Legislatures. Lawsemanating from the Parliament or the Central Government are sometimes called CentralLaws and those being passed from state legislature are called State Laws. InternationalLaw is a body of rules which regulates the relationship between different countries.These are generally in form of treaties and International Customs. International Law isfurther divided into two parts:

(a) Public International Law: Also called Law of Peace. It regulates the relationshipof different countries as members of International Community.

(b) Private International Law: Also called Conflict of Laws. It regulates therelationship of private individuals or juristic persons like companies of two ormore different countries. For example: the marriage of an American with anIndian or dispute between two companies of different countries.

II. Criminal Law and Civil Law

Criminal Law concerns with public wrongs or offences against the state or society atlarge. State prosecutes for criminal offences which are specific and are defined in IndianPenal Code, 1860 and some other penal laws. Criminal Procedure Code or CrPC. 1973deals with the procedure to be adopted for enforcing Criminal Law.

Civil Law relates to restoration of rights of private individuals or juristic persons like,companies. For example, Law of contract regulates the relationship between two ormore parties making the agreement.

III. Public Law and Private Law

Public Law is that part of law which deals with relations between the state and ordinaryindividuals in circumstances where state has special rights or powers. Criminal Law is apublic law. Constitutional Law and Administrative Law are also public laws.

Private Law regulates relations among subjects. Hindu law and Mohammedan lawregulate relations among Hindus and Muslims, hence they are private laws.

IV. Common Law and Civil Law Systems

Laws laid down by courts in judicial decisions also called precedents constitute theCommon Law. England and those countries which have modeled their legal system onthe basis of English Law are members of Common Law System. India is also a part ofCommon Law fold. Civil law system does not recognize precedent or decisions of thecourts as laws. Countries like Germany and France are Civil Law Countries. The do notrecognize precedents or Judge Made Laws.

V. Substantive Law and Procedural Laws

Law which provides specific provisions as to the rights, duties or obligations of anindividual is normally substantive laws. Indian Penal Code provides specific crimes andtheir punishments are hence it is substantive law.

Procedural laws are those laws which regulate the functioning of the court or the judicialsystem to ensure compliance of the substantive laws. For example, Code of CivilProcedure, 1908 regulates the functioning of Civil Courts and Cr. P.C. regulates theaffairs of a criminal court.

SOURCE OF LAW: FROM WHERE OUR LAW COMES?

The main sources of law in India are the Constitution, statutes (legislation), customarylaw and case law. Statutes are enacted by Parliament, State legislatures and UnionTerritory legislatures. Besides, there is a vast body of laws known as subordinatelegislation in the form of rules, regulations as well as bye-laws made by Central/Stategovernments and local authorities like municipal corporations, municipalities, gramPanchayats and other local bodies. This subordinate legislation is made under theauthority conferred or delegated either by Parliament or State or Union Territorylegislatures concerned. Therefore they are called delegated legislation also Judicialdecisions of superior courts like Supreme Court are binding on all courts within theterritory of India. Local customs and conventions which are not against statute, morality,etc., are also recognized and taken into account by courts while administering justice incertain spheres.

ENACTMENT OF LAWS: WHO CREATES LAW FOR US?

Parliament is competent to make laws on matters enumerated in the Union List. Statelegislatures are competent to make laws on matters enumerated in the State List.Parliament alone has power to make laws on matters not included in the State orConcurrent List. On matters enumerated in the Concurrent List, laws can be made byboth Parliament and legislatures. But in the event of repugnancy or conflict law made byParliament shall prevail and law made by State legislature, to the extent of repugnancy,be void.

Acts and Ordinances

An Act of Parliament is an Act passed by both the Houses of Parliament and assentedto by the President. Ordinances can be promulgated by the President (for the Union)and by the Governor (for the State) when circumstances make immediate actionnecessary and Parliament (or the State Legislature) is not in session.

Ordinances are temporary laws. They can be made on any matter which is within thecompetence of Parliament (or State Legislature). However, an Act must be passed toreplace the ordinance within six weeks of the reassembly of Parliament or Statelegislature otherwise the validity of the Ordinance expires.

THE SUPREME COURT

The provision for a Supreme Court is made in Article 124, wherein the total number ofjudges is set out at 26, including the Chief Justice of India (i.e., 25 +1). Parliament iscompetent to make laws pertaining to the constitution, organization, powers andjurisdiction of the Supreme Court. It is a Federal Court, vested with original andexclusive jurisdiction to deal with disputes between the Union and the State(s), orbetween the States (Article 131). It may be noted that the parties involved here must bethe units of the Federation, i.e., the Union or the State(s). It also acts as final AppellateTribunal to hear those civil cases where the High Court concerned certifies theinvolvement of a substantial issue of law of general importance and the decision ofSupreme Court is needed (Article 133). As regards criminal cases, an appeal will liewith the Supreme Court as a matter of right- especially in cases of the awarding of adeath sentence by the lower court (Article 134). The Supreme Court may in itsdiscretion grant special leave to appeal against any judgment, decree determination,sentence or order in any cause or matter passed or made by any court or tribunal(except a military court or tribunal) in India. Article 136 marks the widest expression inappeals. Under its Advisory Jurisdiction, the Supreme Court also gives its opinions onissues of public importance sought by the President of India. However, the SupremeCourt can also decline to express its opinions if it considers them superfluous orunnecessary (Article 143). Finally, the Supreme Court can also issue writs to cure anyills against the FRs (Article 32). The jurisdiction of the SC may be classified asOriginal, Appellate and Advisory.

Original- In any dispute between the Centre and a State or the states. Alsoenforce fundamental rights.

Appellate- It has jurisdiction to hear appeals against the decisions of the HighCourts.

Advisory- The President of India may seek the advice of the Supreme Court.

The Supreme Court has also the power to review its own decision. The law declared byit is binding on all lower courts within the territory of India. Supreme Court is a court ofrecord i.e. it has the power to punish for its own contempt.

HIGH COURTS

Each state can have its own High Court (Article 214). The Bombay, Madras andCalcutta High Courts were established in the four Presidency towns in 1862, underCharters of the ruling British Government and are the oldest, whereas the Ranchi HighCourt (Jharkhand), the Bilaspur High Court (Chhattisgarh) and the Nanital High Court(Uttaranchal) were created in 2000, and are the youngest. Today, there are 21 HighCourts and 17 additional benches functioning in the territory of India. Delhi is the onlyUnion Territory to have a High Court. Parliament can also establish a common HighCourt for two or more states (Article 231). The jurisdiction of a High Court prevails overthe state(s) or Union Territories concerned, such as Bombay High Court‘s extendedterritorial jurisdiction over Maharashtra, Dadra and Nagar Haveli, Goa, and Daman andDiu, and that of Calcutta High Court‘s over West Bengal, and Andaman and NicobarIslands. The High Courts can issue writs (Article 32 and 226). The High Court has tojudicially and administratively superintend the tribunals working within its jurisdiction(Article 227). The High Courts too accept Public Interest Litigation (PIL) (Article 226).

APPOINTMENT AND REMOVAL OF THE SUPREME COURT / HIGH COURT JUDGES

The President of India appoints the judges of the Supreme Court on the advice of hisCouncil of Ministers. The President consults with the judges of the Supreme Court andthe High Court’s when appointed the Chief justice of India (the CJI). In 1993, a nine-judge bench of the Supreme Court prescribed that the senior-most judge should beappointed as the CJI. While appointing the other judges of the Supreme Court, theconcurrence of the CJI is required in addition to the above criterion (Article 124 (1)).

A judge of the Supreme Court should be (1) an Indian citizen (2) either a distinguishedjurist or should have worked as a High Court judge for 5 years, or should have been anAdvocate of a High Court for a minimum of 10 years (Article 124(3)). His tenure will betill his obtaining the age of 65 years or his own resignation or his removal by thePresident on proven misbehavior / incompetence, through impeachment or death. In

1991-93, such an impeachment motion was brought against the Supreme Court JudgeR. Ramaswamy, but was unsuccessful. The Chief Justice of a High Court is appointedby the President of India in consultation with the Chief Justice of India, the Chief Justiceof the State concerned, and the Governor of the State concerned.

A judge of a High Court should be (1) an Indian citizen (2) have worked for 10 years asan advocate of a High Court (Article 217 (2)) or have held a judicial office in India for aminimum period of 10 years. His tenure would be until he attains the age of 62 years orhis own resignation or his removal by the President of India in the same manner asapplicable to a judge of the Supreme Court.

Judges of the Supreme Court, the High Courts, and all other persons appointed to anyofficial post in the Government, are said to hold office at the pleasure of the President.

LAW COMMISSION OF INDIA: BODY FOR REFORMING LAW

The 17th Law Commission was reconstituted on 1 September 2003 for a period of threeyears with Hon‘ble Justice M. Jagannadha Rao as Chairman, Dr. N.M. Ghatate, asVice-Chairman and Dr. K.N. Chaturvedi as Member-Secretary.

LAW IN ANCIENT INDIA

Law has its equivalent in Hindu jurisprudence the word Dharma‘. Yajnavalkya, anancient scholar, stated Shruti and Smriti to be the sources of law. Shruti means theVedas which were mainly the philosophy of Hindu religion. The Smritis or Dharmasutras were the basic law of Indian legal system. Manusmriti and Naradsmriti wereimportant piece of ancient Indian legal system. Gautama, Manu, Yajnavalkya and Naradwere ancient law-givers.

In Medieval India, Hindu Law had two main forms—Mitakshra and Dayabhaga.Mitakshra which prevails in most of India was given by Vijaneshwara. Dayabhagaprevailing in Bengal and North-East states were given by Jimutvahana.

PERSONAL LAW

The people of India are of different religions and faiths. They are governed by differentsets of personal laws in respect of matters relating to family affairs, i.e., marriage,divorce, succession, etc.

MARRIAGE

Law relating to marriage and/or divorce has been codified in different enactmentsapplicable to people of different religions. The Special Marriage Act, 1954 extends tothe whole of India except the State of Jammu and Kashmir. Persons can specificallyregister marriage under this Act even though they are of different religious faiths.

The Act also provides that the marriage celebrated under any other from can also beregistered under the Special Marriage Act, if it satisfies the requirements of the Act.

An attempt has been made to codify customary law which is prevalent among Hindusby enacting the Hindu Marriage Act, 1955. The Hindu Marriage Act, 1955 applies toHindus and also to Buddhists, Sikhs, Jains and also those who are not Muslims,Christians, Parsi or Jews by religion. Provisions in regard to divorce are containedunder the provisions of both Marriage Act and the Special Marriage Act. Commonground on which divorce can be sought by a husband or a wife under these Acts fallunder these broad heads: adultery, desertion, cruelty, unsoundness of mind, venerealdisease, leprosy, mutual consent and being not heard of as alive for seven years.

DivorceA divorce can be claimed if the following are violated-

If husband/ wife had sexual intercourse with any other person.

Cruelty

Desertion: living separately without reasonable cause for more than 2 years.

Unsound mind.

Husband/ wife not heard for more than 7 years of marriage

As regards Muslims, marriage is governed by the Mohammedan Law prevalent in thecountry. As regards divorce, i.e., Talaaq, a Muslim wife has a much restricted right todissolve her marriage.

However, by the Dissolution of Muslim Marriage Act, 1939, a Muslim wife has beengiven the right to seek dissolution of her marriage on certain grounds including non-maintenance and cruelty.

CHILD MARRIAGE

The Child Marriage Restraint Act, 1929, from 1 October 1978, provides that marriageage for males will be 21 years and for females 18 years.

MAINTENANCE

Obligation of a husband to maintain his wife arises out of the status of the marriage.Right to maintenance forms a part of the personal law.

Under the Code of Criminal Procedure, 1973, right of maintenance extends not only tothe wife and dependent children, but also to indigent parents and divorced wives.Claims of the wife, etc., however, depend on the husband having sufficient means.

Under Hindu Law, the wife has an absolute right to claim maintenance from herhusband. The right to maintenance is codified in the Hindu Adoptions and MaintenanceAct, 1956.

Under the Muslim Law, the Muslim Women (Protection of Rights on Divorce) Act, 1986protects rights of Muslim women who have been divorced by or have obtained divorcefrom their husbands to claim reasonable and fair amount of maintenance.

SUCCESSION

The Indian Succession Act was enacted in 1925. This law is for all Indian except Hindusand Muslims.

The law relating to intestate succession i.e. succession of property of a person dyingwithout will, among Hindu is codified in the Hindu Succession Act, 1956. This act isrecently amended to include equal right of women to inherit property.

Important Statutes: Law and JusticeThe Advocates Act, 1961

Establishment of Bar Council of India and State bar Councils Regulation of legal profession and legal education Two types of Advocates: Advocate and Senior Advocate Provides for the qualification for enrolment of lawyers to State Councils Rules for standards of conduct, professional ethics, etc.

The Legal Services Authorities Act, 1987

National Legal Services Authority (NALSA) constituted in 1995. 3-tier body on National, State and District level. Inspired by Article 39A to provide free legal aid and equal justice to all. Lok Adalats held under this law. SC/ST/Women/Children/Industrial worker and those with below 25,000 income National Legal Literacy Mission 2005-2010 launched.

The Family Courts Act, 1984

For speedy and cost effective settlement of disputes relating to marriage andfamily affairs

The Flag Code of India, 2002 – Law relating to govern the display of National flag.

IMPORTANT STATUTES: HINDU LAW

Ancient Hindu Law- Contained in Shrutis and Smritis e.g. Manusmriti and Naradsmriti.Gautam, Manu, Yajnavalkya and Narad were ancient law-givers.

Medieval Hindu Law - Mitakshra and Dayabhaga. Mitakshra which prevails in most ofIndia was given by Vijaneshwara. Dayabhaga prevailing in some part of South, Bengaland North-East states were given by Jimutvahana.

Modern Hindu Law – Hindu Marriage Act, 1955 - Applies to Hindus and also toBuddhists, Sikhs, Jains and also those who are not Muslims, Christians, Paris or Jewsby religion.

Child Marriage Restraint Act, 1929 – Age of marriage for males will be 21 years and\for females 18 years.

IMPORTANT STATUTES: MUSLIM LAW

Muslim Law is mainly uncodified i.e. no statutes or enactments. Contained in foursources namely:

1. The Quran

2. Hadis

3. Ijmaa

4. Qiyas.

Muslims in India are mainly governed by the Hanafi School. A Muslim marriage isdefined to be a civil contract with the object of procreation and legalizing of children.Dower (Mahr) is a peculiar concept of Muslim marriage.

This is a sum of money or other property promised by husband to be paid or deliveredto the wife as a consideration for the marriage. A Muslim marriage can be dissolved bythe means of talak which can be affected orally or by written talaknama.

The Muslim Women (Protection of Rights on Divorce) Act, 1986 provides Muslimwoman right to claim compensation after divorce.

IMPORTANT STATUTES – ENVIRONMENT

The Water (Prevention and Control of Pollution) Act, 1974

Popularly called the Water Act established the Central and State PollutionControl Boards

The Air (Prevention and Control of Pollution) Act 1981

National Air Quality Monitoring Programme (NAMP) started. Vehicular Pollutionchecked

The Environment (Protection) Act, 1986

Provided for EIA (Environmental Impact Assessment) and CRZ (CoastalRegulation Zone

The Prevention of Cruelty to Animals Act, 1960

Animal Welfare Board of India, headquartered in Chennai is constituted.

The Indian Wildlife (Protection) Act, 1972

Governs wildlife conservation and protection of endangered species. Wildlife Action Plan, Project Tiger, Project Elephant under this law.

The Protection of Civil Rights Act, 1955

It replaced the Untouchability (Offences) Act, 1955 It enforced Art. 17 of the Constitution making untouchability a punishable offence.

The Equal Remuneration Act, 1955

Provides for equal remuneration to male and female workers in like jobs.

The Child Labour (Prohibition and Regulation) Act, 1986

Prohibition of child labour in any hazardous industry.(below 14yrs of age) Amended in 2006 to declare child labour in any form to be prohibited.

The Trade Unions Act, 1926

Provides for registration of trade union of employees or employers and legalstatus given to the body registered under the Act.

National Commission for Minorities Act, 1992

The Commission was set up in 1993 to safeguard the interest of minorities. Constitution (103rd) Bill, 2004 is pending to declare it a constitutional body.

Persons with Disabilities Act, 1995 and Rehabilitation Council of India Act, 1992

Laws to provide equal opportunities and protect rights of all types of disables.

National Commission for Women Act, 1990

To safeguard rights of the women in the Constitutional and other laws.

The Consumer Protection Act, 1986

Defects in goods, or Deficiency in services– Consumer‘s Right to be protected. A 3 tier quasi– judicial machinery on National, State and District levels.

National Commission or NCDRC, SCDRC and District Consumer DisputeRedressal Forum are constituted – Mind there is no Consumer Court in thecountry!

24 December is called National Consumer Day; 15 March is World ConsumerRights Day.

The order of NCDRC is challengeable only in the Supreme Court. Compensation claimed up to Rs. 20 lakhs – District Forum, up to Rs. 1 crore –

State Commission and above Rs. 1 crore in NCDRC. Justice Bal Krishna Eradi was the first chairperson of NCDRC.(present: Ashok

Bhan)

IMPORTANT STATUTES – PROPERTY RELATED LAWS

Property is something, which is capable of being owned by a person in law. Ownershipof a property means when a person owns a property to the exclusion of all other.Easement is the right to have passage, light or air etc. that an owner or occupier of landpossesses for the beneficial enjoyment of the land. A property may be Movable,Immovable, Tangible or intangible or even an Intellectual Property.

The Transfer of Property Act, 1882

Transfer of Rights in an immovable property e.g. land, building etc. Such transfer may be through sale, lease or license, mortgage, etc.

Sale is a complete transfer of ownership for a consideration. Lease or tenancy is aright given by the owner of the land to the tenant for a specified period for a rent orpremium. Mortgage is when some money is lent by a person to other on the security ofa land.

The Sale of Goods Act, 1930

Regulates the sale and purchase of movable property.

Intangible Property are the rights recognized by law, which are of some value andincapable of being touched or seen.

Trade Marks Act, 1999

A trade mark is registered for 10 years which can be renewed. It may be a mark, a brand, heading, label or name connected with the business. A passing off action lies if another person uses the trade mark unauthtorisedly.

The Copyright Act, 1957

The author of a literary, dramatic, musical, artistic work has exclusive right to thereproduction of such work.

The right continues for 60 years after the death of the author. It is permissible to copy some material for research, criticism or review.

The Design Act, 2000

The author of an industrial design i.e. shape, colour of a design can get it registeredunder the act. A design registered initially for 10 years extendable by 5 more years.

The Patents Act, 1970

Patent is granted to the inventor of a patentable invention for manufacture or sellof the article.

The Controller of Patents grants the patent for 20 years. Patent headquarters- Kolkata.

IMPORTANT STATUTES –BUSINESS RELATED LAWS

The Negotiable Instruments Act, 1881

Promissory Notes, Bills of Exchange and Cheques are called negotiableinstruments.

Public Holidays are declared under this Act. Dishonour of cheque is punishable by up to 2 years of imprisonment and/or fine

(double the amount) under Section 138 of this Act. Endorsement: Transfer of any document or instrument to another person by

signing on its back or face or on a separate slip attached to it.

The Companies Act, 1956

Single largest piece of legislation. Two Types of Companies - Public Limited or Private Limited are registered

under this Act through the Registrar of Companies. Memorandum and Articles of Association are important documents for formation

of a company. Prospectus has to be issued by a Public Company issuing its shares in the

capital market.