CONSTITUTION

A 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 recommended
reorganization of states on language basis. Andhra Pradesh was created first on this
basis.
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 to
communal riots in Gujarat.
5. J. S.N. Phukan Commission: Probe into Tehelka Exposure about corruption in
defense deals. Report was rejected and Commission was wound up by Parliament.
6. J. Malimath Committee: Report on reform in Criminal Justice Administration System
in 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 constituted
under 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 and
wounded soldiers and Prisoners of War (POW).
3. Berne Convention (1866): International Law for Protection of Copyright.
4. Stockholms Conference on Human Environment (1972): Protection of
Ecology and Environment along with development (the concept of Sustainable
Development). June 5 is World Environment Day as International Conference started on
this day.
5. Montreal Protocol (1987): Control CFC production and consumption to save
environment from pollution. Treaty on Ozone hole signed.
6. Rio Earth Summit (1982) at Rio De Generio: Agenda 21 drafted to prevent
environmental 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 against
Women) 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 Company
in 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 it
introduced 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 was
established. It introduced provincial autonomy. This Act has maximum influence
on our Constitution.
The Indian Independence Act, 1947
It declared India as an independent and sovereign state. It was enacted by British
Parliament as per the Mountbatten Plan.
FRAMING OF THE CONSTITUTION
Constituent Assembly was set up as per the Cabinet Mission Plan, 1946 which
framed 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. Ambedkar
who is also called the father of the Constitution.
The Constitution was adopted on 26th November 1949 by the Constituent
Assembly and came into force on 26th January 1950. 26 November is called the
Law Day of India.
Indian Constitution is considered to be one of the lengthiest in the world, second
only 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 74th
Constitutional 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: Presidents 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: Presidents 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 land
reforms laws from jurisdiction of the courts.
42nd Amendment (1976): Also called Mini Constitutionas largest amendment
ever. 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 abolished
from the chapter of Fundamental Rights and included under Article 300A to
remain 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 include
Parents fundamental duty for children education.
91st Amendment 2003: Anti-Defection Law i.e. disqualification of a Member of
Parliament or Legislative Assembly on the ground of defection. Strengths of
Council of Ministers in Union as well as State are restricted to be not more than
15% 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. It

empowers the government to make law to provide reservations to socially and
educationally backward classes in all educational institutions including private
educational institutions but not in minority institutions.
FIVE WRITS
Article 32 which guarantees right to constitutional remedies for violation of fundamental
rights, gives power to the Supreme Court to issue writs for enforcing the fundamental
rights.
Habeas Corpus: It means have the Corpus or have the body. This writ is an
order 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 refuses
to perform its legal duty.
Prohibition: This writ prohibits a lower court or judicial body to exceed its
jurisdiction if the Superior Court thinks that it is acting ultra virus i.e. beyond its
authority.
Certiorari: This writ quashes the order of a lower court or tribunal if such body
has acted beyond its authority or exceeded its jurisdiction.
Quo Warranto: The Court asks a person through this writ by what authority or
warrant he is holding a public office. This writ is issued in case of a person
occupying public office illegally.
The High Courts are also empowered by Article 226 of the Constitution to issue the
above 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 is
enforced by the State in the courts of law. Justice is the moral idea of being right, just
and 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 of
territorial 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. Laws
emanating from the Parliament or the Central Government are sometimes called Central
Laws and those being passed from state legislature are called State Laws. International
Law is a body of rules which regulates the relationship between different countries.
These are generally in form of treaties and International Customs. International Law is
further divided into two parts:
(a) Public International Law: Also called Law of Peace. It regulates the relationship
of different countries as members of International Community.
(b) Private International Law: Also called Conflict of Laws. It regulates the
relationship of private individuals or juristic persons like companies of two or
more different countries. For example: the marriage of an American with an
Indian 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 at
large. State prosecutes for criminal offences which are specific and are defined in Indian
Penal Code, 1860 and some other penal laws. Criminal Procedure Code or CrPC. 1973
deals 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 or
more 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 ordinary
individuals in circumstances where state has special rights or powers. Criminal Law is a
public law. Constitutional Law and Administrative Law are also public laws.
Private Law regulates relations among subjects. Hindu law and Mohammedan law
regulate 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 the
Common Law. England and those countries which have modeled their legal system on
the basis of English Law are members of Common Law System. India is also a part of
Common Law fold. Civil law system does not recognize precedent or decisions of the
courts as laws. Countries like Germany and France are Civil Law Countries. The do not
recognize precedents or Judge Made Laws.

V. Substantive Law and Procedural Laws

Law which provides specific provisions as to the rights, duties or obligations of an
individual is normally substantive laws. Indian Penal Code provides specific crimes and
their punishments are hence it is substantive law.
Procedural laws are those laws which regulate the functioning of the court or the judicial
system to ensure compliance of the substantive laws. For example, Code of Civil
Procedure, 1908 regulates the functioning of Civil Courts and Cr. P.C. regulates the
affairs of a criminal court.

SOURCE OF LAW: FROM WHERE OUR LAW COMES?

The main sources of law in India are the Constitution, statutes (legislation), customary
law and case law. Statutes are enacted by Parliament, State legislatures and Union
Territory legislatures. Besides, there is a vast body of laws known as subordinate
legislation in the form of rules, regulations as well as bye-laws made by Central/State
governments and local authorities like municipal corporations, municipalities, gram
Panchayats and other local bodies. This subordinate legislation is made under the
authority conferred or delegated either by Parliament or State or Union Territory
legislatures concerned. Therefore they are called delegated legislation also Judicial
decisions of superior courts like Supreme Court are binding on all courts within the
territory 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 in
certain spheres.
ENACTMENT OF LAWS: WHO CREATES LAW FOR US?
Parliament is competent to make laws on matters enumerated in the Union List. State
legislatures 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 or
Concurrent List. On matters enumerated in the Concurrent List, laws can be made by
both Parliament and legislatures. But in the event of repugnancy or conflict law made by
Parliament 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 assented
to by the President. Ordinances can be promulgated by the President (for the Union)
and by the Governor (for the State) when circumstances make immediate action
necessary and Parliament (or the State Legislature) is not in session.
Ordinances are temporary laws. They can be made on any matter which is within the
competence of Parliament (or State Legislature). However, an Act must be passed to
replace the ordinance within six weeks of the reassembly of Parliament or State
legislature 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 of
judges is set out at 26, including the Chief Justice of India (i.e., 25 +1). Parliament is
competent to make laws pertaining to the constitution, organization, powers and
jurisdiction of the Supreme Court. It is a Federal Court, vested with original and
exclusive jurisdiction to deal with disputes between the Union and the State(s), or
between the States (Article 131). It may be noted that the parties involved here must be
the units of the Federation, i.e., the Union or the State(s). It also acts as final Appellate
Tribunal to hear those civil cases where the High Court concerned certifies the
involvement of a substantial issue of law of general importance and the decision of
Supreme Court is needed (Article 133). As regards criminal cases, an appeal will lie
with the Supreme Court as a matter of right- especially in cases of the awarding of a
death sentence by the lower court (Article 134). The Supreme Court may in its
discretion 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 in
appeals. Under its Advisory Jurisdiction, the Supreme Court also gives its opinions on
issues of public importance sought by the President of India. However, the Supreme
Court can also decline to express its opinions if it considers them superfluous or
unnecessary (Article 143). Finally, the Supreme Court can also issue writs to cure any
ills against the FRs (Article 32). The jurisdiction of the SC may be classified as
Original, Appellate and Advisory.
Original- In any dispute between the Centre and a State or the states. Also
enforce fundamental rights.
Appellate- It has jurisdiction to hear appeals against the decisions of the High
Courts.
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 by
it is binding on all lower courts within the territory of India. Supreme Court is a court of
record 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 and
Calcutta High Courts were established in the four Presidency towns in 1862, under
Charters of the ruling British Government and are the oldest, whereas the Ranchi High
Court (Jharkhand), the Bilaspur High Court (Chhattisgarh) and the Nanital High Court
(Uttaranchal) were created in 2000, and are the youngest. Today, there are 21 High
Courts and 17 additional benches functioning in the territory of India. Delhi is the only
Union Territory to have a High Court. Parliament can also establish a common High
Court for two or more states (Article 231). The jurisdiction of a High Court prevails over
the state(s) or Union Territories concerned, such as Bombay High Courts extended
territorial jurisdiction over Maharashtra, Dadra and Nagar Haveli, Goa, and Daman and
Diu, and that of Calcutta High Courts over West Bengal, and Andaman and Nicobar
Islands. The High Courts can issue writs (Article 32 and 226). The High Court has to
judicially 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 his
Council of Ministers. The President consults with the judges of the Supreme Court and
the High Courts when appointed the Chief justice of India (the CJI). In 1993, a ninejudge bench of the Supreme Court prescribed that the senior-most judge should be
appointed as the CJI. While appointing the other judges of the Supreme Court, the
concurrence 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 distinguished
jurist or should have worked as a High Court judge for 5 years, or should have been an
Advocate of a High Court for a minimum of 10 years (Article 124(3)). His tenure will be
till his obtaining the age of 65 years or his own resignation or his removal by the
President on proven misbehavior / incompetence, through impeachment or death. In
1991-93, such an impeachment motion was brought against the Supreme Court Judge
R. Ramaswamy, but was unsuccessful. The Chief Justice of a High Court is appointed
by the President of India in consultation with the Chief Justice of India, the Chief Justice
of 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 as
an advocate of a High Court (Article 217 (2)) or have held a judicial office in India for a
minimum period of 10 years. His tenure would be until he attains the age of 62 years or
his own resignation or his removal by the President of India in the same manner as
applicable to a judge of the Supreme Court.
Judges of the Supreme Court, the High Courts, and all other persons appointed to any
official 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 three
years with Honble Justice M. Jagannadha Rao as Chairman, Dr. N.M. Ghatate, as
Vice-Chairman and Dr. K.N. Chaturvedi as Member-Secretary.
LAW IN ANCIENT INDIA
Law has its equivalent in Hindu jurisprudence the word Dharma. Yajnavalkya, an
ancient scholar, stated Shruti and Smriti to be the sources of law. Shruti means the
Vedas which were mainly the philosophy of Hindu religion. The Smritis or Dharma
sutras were the basic law of Indian legal system. Manusmriti and Naradsmriti were
important piece of ancient Indian legal system. Gautama, Manu, Yajnavalkya and Narad
were ancient law-givers.
In Medieval India, Hindu Law had two main formsMitakshra and Dayabhaga.
Mitakshra which prevails in most of India was given by Vijaneshwara. Dayabhaga
prevailing 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 different
sets 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 enactments
applicable to people of different religions. The Special Marriage Act, 1954 extends to
the whole of India except the State of Jammu and Kashmir. Persons can specifically
register 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 be
registered 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 Hindus
by enacting the Hindu Marriage Act, 1955. The Hindu Marriage Act, 1955 applies to
Hindus 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 contained
under the provisions of both Marriage Act and the Special Marriage Act. Common
ground on which divorce can be sought by a husband or a wife under these Acts fall
under these broad heads: adultery, desertion, cruelty, unsoundness of mind, venereal
disease, leprosy, mutual consent and being not heard of as alive for seven years.

Divorce
A 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 the
country. As regards divorce, i.e., Talaaq, a Muslim wife has a much restricted right to
dissolve her marriage.
However, by the Dissolution of Muslim Marriage Act, 1939, a Muslim wife has been
given the right to seek dissolution of her marriage on certain grounds including nonmaintenance and cruelty.

CHILD MARRIAGE
The Child Marriage Restraint Act, 1929, from 1 October 1978, provides that marriage
age 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 to
the 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 her
husband. The right to maintenance is codified in the Hindu Adoptions and Maintenance
Act, 1956.
Under the Muslim Law, the Muslim Women (Protection of Rights on Divorce) Act, 1986
protects rights of Muslim women who have been divorced by or have obtained divorce
from 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 Hindus
and Muslims.
The law relating to intestate succession i.e. succession of property of a person dying
without will, among Hindu is codified in the Hindu Succession Act, 1956. This act is
recently amended to include equal right of women to inherit property.

Important Statutes: Law and Justice

The 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 and
family 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 of
India was given by Vijaneshwara. Dayabhaga prevailing in some part of South, Bengal
and North-East states were given by Jimutvahana.
Modern Hindu Law Hindu Marriage Act, 1955 - Applies to Hindus and also to
Buddhists, Sikhs, Jains and also those who are not Muslims, Christians, Paris or Jews
by 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 four
sources namely:
1. The Quran
2. Hadis
3. Ijmaa
4. Qiyas.
Muslims in India are mainly governed by the Hanafi School. A Muslim marriage is
defined 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 delivered

to the wife as a consideration for the marriage. A Muslim marriage can be dissolved by
the means of talak which can be affected orally or by written talaknama.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 provides Muslim
woman 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 Pollution
Control Boards
The Air (Prevention and Control of Pollution) Act 1981
National Air Quality Monitoring Programme (NAMP) started. Vehicular Pollution
checked
The Environment (Protection) Act, 1986
Provided for EIA (Environmental Impact Assessment) and CRZ (Coastal
Regulation 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 legal
status 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 Consumers Right to be protected.
A 3 tier quasi judicial machinery on National, State and District levels.

 National Commission or NCDRC, SCDRC and District Consumer Dispute

Redressal Forum are constituted Mind there is no Consumer Court in the
country!
24 December is called National Consumer Day; 15 March is World Consumer
Rights 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. Ownership
of 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 land
possesses 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 a
right given by the owner of the land to the tenant for a specified period for a rent or
premium. Mortgage is when some money is lent by a person to other on the security of
a 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 and
incapable 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 the
reproduction 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 registered
under 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 sell
of 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 negotiable

instruments.
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.