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WHAT IS LAW? 12/19/2014santhi narayanan1. 12/19/2014santhi narayanan2 LAW Since time immemorial every society has its own law. Law is a social science.

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Presentation on theme: "WHAT IS LAW? 12/19/2014santhi narayanan1. 12/19/2014santhi narayanan2 LAW Since time immemorial every society has its own law. Law is a social science."— Presentation transcript:

1 WHAT IS LAW? 12/19/2014santhi narayanan1

2 12/19/2014santhi narayanan2 LAW Since time immemorial every society has its own law. Law is a social science – grows with society. Law means different things in different times – highly dynamic concept with core values Dharma (Hindu), Hukum (Islamic), Jus (Roman), Droit (French), Richt (German)

3 Law is... an instrument of social justice of the state that seeks to provide j ustice, stability & security in the society 12/19/2014santhi narayanan3

4 Law Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people.systeminstitutions politicseconomicssociety 12/19/2014santhi narayanan4

5 Features Everybody enjoys equal protection under laws(Equality before Law) No man is above the lawLaw of the land is important ‘IGNORANCIA JURIS NON EXQUISITE’ – ignorance of law is no excuse 12/19/2014santhi narayanan5

6 Rule of law - The rule of law is a legal maxim that states no person is immune to law. legal maximlaw 12/19/2014santhi narayanan6

7 LegislationPrecedent Custom Opinions of experts Morals and equity Sources of law 12/19/2014santhi narayanan7

8 Customary law A custom that is observed continously for a very long period of time. 12/19/2014santhi narayanan8

9 Our India…….. 12/19/2014santhi narayanan9

10 12/19/2014santhi narayanan10 Legislation Promulgation of legal rules by an authority which has the power to do so. (Parliament, Legislatures, President, Governor, King/Queen etc.). Also known as Supreme Legislation. It is also known as statutes.

11 Indian Context India adopted the Constitution on 26 January 1950 Highest law of the land Constitution providing the governing mechanism of the country Executive having powers to make legislation. Dept of legislative affairs 12/19/2014santhi narayanan11

12 12/19/2014santhi narayanan12 Every Act is a piece of legislation made into law after passing the process of enactment. Draft Bill to Act

13 Procedure A Bill (draft form of the law)is introduced say in the lok sabha by a member of parliament Lok Sabha takes it for discussion A Bill can be accepted, rejected or referred to a select committee for necessary revision 12/19/2014santhi narayanan13

14 Making of an Act If it is accepted or passed, it is sent to the other house of the Parliament The Rajya Sabha can accept it or reject it with modifications The bill is sent to President for giving his assent 12/19/2014santhi narayanan14

15 Contd- Thereafter the Bill becomes an Act After publishing in the Official Gazette, the Act comes into operation either from the date of publication or on a date as may be specified in the Act Thus, a new law come into being by Parliament Activity 12/19/2014santhi narayanan15

16 Contd--- Acts provide overall framework and delegates the function of providing details to the executive. Executive provide the details for the working of an Act by making rules, notifications regulations and government orders 12/19/2014santhi narayanan16

17 Case Law Acts are written in a given context within certain horizons. Over period of time Act remains the same but the contexts differ Hence, reading the text becomes crucial to decide the working of law Courts create law by giving new meaning to the legal provisions. 12/19/2014santhi narayanan17

18 Case Law Judicial decisions or judgments are writings giving the decisions of a case Created by judges interpertations of law Judgments collectively form the case law 12/19/2014santhi narayanan18

19 12/19/2014santhi narayanan19 Precedent According to Oxford Dictionary, Precedent is a previous instance or case which is, or may be taken as an example of rule for subsequent cases, or by which some similar act or circumstances may be supported or justified. Precedents are the results of creative role of the judges while dealing cases.

20 General Classification of Law Public Law – Law that determines and regulates the organization and functioning of states + Relation of the state with its subjects Constitutional Law Administrative law Criminal law Private Law – Regulates the relations of citizens with each other ex: law of contract, property 12/19/2014santhi narayanan20

21 Classification of law Criminal law : Certain offences are considered as wrong doings against the state and are punishable by the state. Ex: Murder, Acts of terrorism Civil Law: Concerned with the rights and duties of individuals towards each other ex: Law of Tort – monetary damage are sought for the damage or injury caused. 12/19/2014santhi narayanan21

22 Contd……. Substantive law : law on a specific subject: Deals with the Legal rights, obligations and relationships of people versus people or between them and the state. Procedural law : It lays down methods by which substantive Law is made and administered. 12/19/2014santhi narayanan22

23 Classification of Law International Law ; It is a set of generally accepted rules and regulations controlling the conduct of nations, international organizations and individuals. International Court of Justice World Trade Organization (Governing International Business transactions) GATT Accepted rule of territorial limit: 12 nautical miles from the coast 12/19/2014santhi narayanan23

24 12/19/2014santhi narayanan24 Different Laws that you as manager will come across……….. {Indian context} General Laws, Procedural Laws Commercial & Corporate Laws Environmental Laws Labor and Industrial Laws Taxation Laws

25 12/19/2014santhi narayanan25 Law (provisions of Act) is binding in nature on those to whom it applies – individuals, general society, corporates, firms, or any groups in the society. To regulate different subject matters, a separate law may be enacted, such as taxation, companies, environment, labour and industry matters, minimum wages, crimes, procedures of courts – both criminal and civil courts, manner of ascertaining facts by evaluating the evidence etc.

26 12/19/2014santhi narayanan26 Each Act is identified with a Title such as “The Indian Contract Act, 1872”, “The Companies Act, 1956” etc. The year at the end of the name of the Act signifies the year in which it is enacted as law. Below the Title of Act, a preamble will be there which gives the purpose or object for which that Act is enacted.

27 12/19/2014santhi narayanan27 The entire text of the Act is divided into various Sections and some Acts may also have Schedules with cross reference to a particular Section of the Act Layout

28 12/19/2014santhi narayanan28 The 1 st Section of any Act contains three sub-sections, namely: (i) Short Title (This Act may be called …”The Indian Contract Act, 1872”) (ii) Extent (it extends to the whole of India or to any part of the country or a State) (iii) Commencement (it gives the date from which the Act commences its operation or a power is given to the Government to declare any date in future to give effect to the provisions of the Act).

29 Contd- Section 2: Interpretation or Definitions (of certain terms and words used in the text of the Act are interpreted or defined and that definition should be relevant for interpretation of any matter dealt in the Act). Subsequent Sections sometimes create certain authorities to enforce the provisions of the subject matter of that Act (Income Tax Officers, Company Law Board, Enforcement Directorate, etc.) 12/19/2014santhi narayanan29

30 Contd- Appellate Authorities are created within the Act to provide a chance to appeal against the actions or orders of the Enforcement Authorities of the Act. When no Enforcement Authorities or Appellate Authorities are stated in the Act, then normal Civil Courts of the country deal with such cases. (As in the case of Contract Act, Sale of Goods Act, Partnership Act etc.) 12/19/2014santhi narayanan30

31 Constitution of India Fundamental Law of the Land Preamble – Socialist, Secular, Democratic, Republic Constitution provides for separation of powers 12/19/2014santhi narayanan31 Executive- Applies law Legislature- makes laws Judiciary- Interprets law

32 Constitution of India Fundamental rightsFundamental rights Right to equality Right to freedom of speech Right to life and personal Liberty Right against exploitation Right to freedom of religion Directive PrinciplesDirective Principles of State policy Equal justice and free legal aid Organisation of village Panchayats Protection and improvement of the environment 12/19/2014santhi narayanan32

33 Indian Judiciary Supreme Court High Courts Subordinate courts 12/19/2014santhi narayanan33

34 Subordinate courts Civil Courts- District judge Civil judgeMunsif Criminal Courts- sessions judge Assistant sessions judge Chief judicial magistrate Magistrate 12/19/2014santhi narayanan34

35 Civil Case/Suit Plaintiff vs. Defendant 12/19/2014santhi narayanan35 Ramprasad Baldeo Parties

36 Criminal Case State vs Accused 12/19/2014santhi narayanan36 Charles ShobrajCountry Parties

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