Basic Concept of Law Introduction of Law

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Basic Concept of Law

Introduction of Law
Law
Law is the Collection of Rules and Regulations which
regulates the Society and People.

Law is the Collection of Rules and Regulations which


regulates Human Conduct/Behaviour.

•The State with the help of law maintains law and


order and ensures peace and social security.

•Law consists of rules made by authority for the


proper regulation of community or society
Law Making Process in India

Level of Government
Law Making Power ⬇️

Central Government

State Government
Law Making Power :-️Given by Indian Constitution :-️ 7th Schedule
Representative Makes Law

Central Government State Government

MP’S MLA'S

Assembly Parliament
What is Seventh schedule of the Constitution
•This Schedule of the Indian Constitution deals with the division of powers between the
Union government and State governments.

•It defines and specifies the allocation of powers and functions between Union & States. It
contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List
How Central or State Government
Make Laws

Govt Form Research/Standing Committee


Topic Of Law Research Committee :- Research

Sent back to Government


ACT
Founded:-️ 1950
• Public Journal
Bare Act
Ordinance
An ordinance is a law that is promulgated by the President of India only when the Indian
parliament is not in session.

President promulgates an ordinance on the recommendation of the union cabinet.

Similarly, the Governor of Indian states can also initiate ordinances only when a legislative
assembly is not in session when it is a unicameral legislature and when legislative assembly
along with legislative council both are not in session when it is the bicameral legislature

Article 123 deals with the ordinance making power of the President. President has many legislative
powers and this power is one of them.

He can only promulgate the ordinance under these circumstances:


•When both the houses or either of the house is not in session.
•Circumstances occur where the President thinks it necessary to act without waiting for houses to assemble
An ordinance rolled out when both the houses are in session is void in nature
Note: The maximum life of an ordinance can be six months and six weeks.

Pass or Dismiss
Codification
•The expression codification literally means a process by which uncertain and un-
uniform principle of law transform into written and systematically arrange code.

•In other words codification is the conversion of all law into a written and
systematically Arranged code.

•It bring uniformity and minimise confusion

As Results of the Process of Codification several important branches of law were codified
and several all india codes Emerged.

1. Indian Penal Code 1860


2. The civil Procedure code 1859
3. The criminal procedure code 1861
4. The Indian Evidence Act 1872
5. Indian contract Act 1872
Draft of Law/Act How to Read Section and Clause

Chapter 3 (2) (a) (ii) (2) (a)


Section Sub-️Section Clause Sub clause Para Sub-️Para
Law
Law is the Collection of Rules and Regulations which
regulates the Society and People.

Law is the Collection of Rules and Regulations which


regulates Human Conduct/Behaviour.

•The State with the help of law maintains law and


order and ensures peace and social security.

•Law consists of rules made by authority for the


proper regulation of community or society
Ancient or Traditional Source
• Surti(vedas)
• Smritis
• Digest & Commentaries

Legislation:- Which gives rise to enacted laws


Precedent:- Which gives rise to case law
Custom:- which gives rise to customary law
Agreement:- Which gives rise to conventional law
Law has many shades of meaning as stated below:

i)Law means justice, morality, reason, order, righteousness etc. from the point of view of society.

Ii)Law means statutes, acts. Rules, regulations, orders, ordinances etc. from the point of view of legislature.

Iii)Law means rules of court, decrees, judgements, orders of courts, injunctions etc. from the point of view of judges.

Iv)Law means rights and remedies from the point of view of the decree holders.

v)Law means duties, liabilities, obligations etc. from the point of view of the judgement-️debtor; and

vi) Law means titles, written laws. Judicial precedents, and custom as evidence of law.
SALIENT FEATURES OF LAW

The laws are made in the form of ‘Rules’ and ‘Acts’.

The laws are made by the legislature and issued by the sovereign authority.

The laws forbid certain types of actions, which are harmful

The laws prescribe penalty or punishment for breaking them

The laws conform to rights and create obligations in specific relations.

The laws have to be obeyed not as optional but as obligation and

Courts interpret the laws and fix the punishments to offenders and compensation to the victims according to th law.
Need of Law

Without Law No one Care of others

Laws protect individual rights and


liberties

The Strong will Dominate the weak

Without law Buisness face Difficulties


The term law has different meaning in
different place /Societies at different times

Hindu :-️ Dharma


Muslim:-️ Hukum
Example
French:-️ Droits
Roman:-️ Jus
Laws Varies from Place to Place

Adultery is an Offence in india


Example
While in it is No offence in America

Laws differ From Religion to Religion

Laws differ From Religion to Religion in sense of Personal Law


Example:-Hindu Law , Muslim Law , Christian law

Example Muslim can have four Wives living at a time


If a Hindu Male married again during the life time of the first wife He
declared Guilty.
Branch of Law

PRIVATE LAW PUBLIC LAW

Link Given in the Description box


TYPES OF LAW

Substantive Law Procedural Law

• Substantive law defines Procedural law Prescribe the


• Rights & Duties Procedure for the enforcement
• Offence of Substantive Law
• Punishment
Example
Example 1. CRPC
1. IPC 2. CPC
2. CONTRACT 3. IEA
3. TP 4. SRA
4. DMVA 5. LIMITATION
5. POCSCO
Classification of Law

General Laws Special Laws Personal Laws Local Laws International Laws

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