Legal Aptitude Guide

LEGAL APTITUDE
 What is Law?
- Rules / Regulations / Principle

- Administration of Justice
- Recognized by State
System of rules which are recognized by a country to regulate actions of its citizens and it
may impose penalties on breaking law
 Difference between Law and Rules
Law is made by government and is recognized and has to be followed by all

Rules can be made by anybody and people may or may not follow them
TERMS
 Law - Administration of justice by certain rules

 Civilization - Stage of human social development
Process by which society reaches on advanced stage
 Judge - Person to decide on a case
 Jury - Body of people who are judge
 Juries - People or body dealing with law

 Jurist - Expert in law/ Lawyer or judge
 Jurisdiction - Legal power to make decisions and judgment
1 www.karanveerkamra.com
 Jurisprudence - Theory and philosophy of law
- Indian Jurisprudence
- American Jurisprudence
 Lawyer - General term for people who give legal advice
 Advocate - Lawyer who practice law in court
 Attorney - Lawyer who represent clients in court
 Solicitor - Professional who provide legal advice to clients
 Barrister - Advocate who practice in higher court
 Litigation - The process of taking legal action
- A legal proceeding in court
 Litigator - litigator is stereotype attorney
- Represent plaintiffs and defendants in court
- Manage all litigation process
 Plaintiff - A person who brings case against defendant in
court (accuser)
 Defendant - A person who is accused in court
- A person who defends itself from plaintiff in court
(accused)
 Lawsuit - Claim or dispute brought by plaintiff against
defendant in court
- Lawsuit is filed by lawyer in court
- Lawsuit is case
 Moot Court - Imaginary court for students to practice
 Adjourn - Postpone resuming it later
 Testify - Give evidence as a witness
 Oath - A promise
 Testimony - Evidence or proof of something
- False testimony or true testimony
 Perjury - Crime of telling a lie under oath
- Crime of telling lie when promised to tell the truth
 Tort - A wrongful act that results injury to another
person and the injured party in entitled to compensation
 Guilty - Responsible of crime
 Guilty of mind - Criminal intention or knowledge that on act is
wrong
 Mens Rea - Person’s awareness that his action is wrong and has Guilty
mind then crime has taken place
 Actus Reus - Criminal act which is a result of mens rea
 Actus reus non facit reum nisi mens sit rea

- The act is not culpable unless the mind is guilty
 Culpable - Deserving for blame of a crime

 Murder - One person kills another person directly on the spot
 Culpable Homicide - One person die because of another person
- directly or indirectly
- One person die because of another person on the spot or after some time
 All murders are culpable homicide

 But, all culpable homicides are not murders
 Culpable Homicide amounting to murder

- One person die because of another person directly and on the spot or after some time
 Culpable Homicide amounting to murder is Murder
Intention - Yes
Death - Yes
Degree of certainty of death - Most certain
 Culpable Homicide not amounting to murder

- One person dies because of another person indirectly
 Culpable Homicide not amounting to murder is not murder

Intention - Yes
Death - Yes
Degree of certainty of death - Not so much
 Suspect - Person with a doubt of crime
 Accused - Person who goes through trial

may found guilty for sure (or may not)
- Person proved in court to have committed
a crime (Charge for crime trial)
 Convicted - person who goes through trial and proved

- may only (not) found guilty
(declare to be guilty) proved guilty by court
 Acknowledgement - Acceptance of the official that the person

signing the document has signed by his own will
 Adjournment - Postponement of court session
 Adjudicate - To act as a judge and make a formal judgment
 Doctrine - Legal doctrine is a framework, set of rules,

procedural steps in common law system through which
judgments can be determined in a case
 Adjective Law - Procedural law which deals with procedure
 Administrative Law - Related to government
 Civil Law - Non criminal law
 Depose - To testify or to give evidence under oath in

written statement
 Contract - Agreement between two or more parties
 Felony - A serious crime like rape, murder
 Misdemeanor - A less serious crime like theft

It is a less serious crime than felony
 Prime Facie - A case where on first look facts themselves

prove the case
 Punitive Damages - Damages awarded more than compensatory damages to the
victim to punish the defendant
 Statute - A written law passed by legislative body
 Contempt - The offence of being disobedient or disrespectful to

person or authority
 Contempt of court - Behavior that disobeys or disrespects the court

 Prosecute - To conduct legal proceedings
 International Law - Body of rules which governs and conduct the

relations of states (countries) with each other
LAW OF INDIA
 Government - Diarchy
 Union Government
 State Government
 Legislature - Bicameral
 Lok Sabha & Rajya Sabha
 Vidhan Sabha & Vidhan Parishad
 Law
 International law - Law between nations
 Public International Law - Law between international organizations
 Private International Law - law between private citizens of different
countries
 National Law - Law applicable within the nation
 Public National Law - Law between individuals and states
 Private national Law - Law between individuals only
 Public Law
Constitutional Law
Administrative Law
Criminal Law
 Criminal Law
IPC - Indian Penal Code (1860)
IEA - Indian Evidence Act (1872)
CrPC - Code of criminal procedure (1973)
 Criminal Law
IPC - 1860
IEA - 1872
CrPC - 1973
 Private law
Civil Law
Family Law
Contract Law
Law of Torts
 Civil Law
Civil Procedure Code - CPC (1908)
 Contemporary Law
Latest Judgment or latest updates
Supreme Court Judgments
New laws enacted
New legal events
 John Salmond - Judge of New Zealand
 Salmond’s theory of law

- Body of principles recognized and applied by stats in administration of justice
 Father of International Law - Hugo Grotius
 Term International Law turned by - Jeremy Bentham
 National Law - Law applicable within state

Legislature
Judiciary
Executive
 Sources of Law
Legislation - main source of law (parliament)
Constitution - Constitution of India
Customs or usage - from behavior of people
Precedents - from earlier events or actions
Personal laws - from needs of particular persons
 Substantive Law
- Determines how members of society are to behave
- Substantive law defines rights and responsibilities in civilian
- Substantive law defines crimes and punishments in criminal law
- Substantive law defines how facts in the case will be handled and how crime will be
charged
- Substantive law is related to facts of the case i.e. substance
Rights; Duties; Obligations; Facts of case (IPC)
 Adjective Law
- Procedure of Case
- Adjective law is procedural law
- Process through which a case will go through
- Determines how a proceeding concerning enforcement of substantive law will occur
- Procedure of Case (CRPC)
 Common Law System

- Supreme Court judgment or verdict is followed by all courts in India
- Decision on individual cases have effect on future cases
 Civil Law system

- Laws made by parliament are applied on all citizens of India
- Primary source of law
 Indian Penal Code - IPC(1860)

- Substantive law
- IPC - Criminal Code of India
 Ranbir Penal Code - RPC

- Jammu & Kashmir
- IPC is not applicable in J & K under article 370
 Fundamental Rights
- Rights given by constitution to every Indian citizen
- 6 Fundamental Rights
1) Right to equality
2) Right to freedom
3) Right against exploitation
4) Right to freedom of religion
5) Cultural and educational rights
6) Right to constitutional remedies
 Article 32
- Right to approach Supreme Court against violation of fundamental rights
- Article 32 - Right to constitutional remedies
- Part 3 - Fundamental Rights
Note: Article 32 - Heart and soul of constitution

OR
Right to Constitutional Remedies - Heart and Soul (32)
JUDICIARY
 Hierarchy of Judiciary in India

 Supreme Court
 High Court
 District/Session Court
 Judicial Magistrate (Class 1)
 Judicial Magistrate (Class 2)
 Supreme Court
 1 - Supreme Court of India
 Apex Court i.e. Highest Court
 High Courts
 24 - High Courts in India
 Jurisdiction over state and union territory
 Original Jurisdiction - Power of High Court to hear the case for the 1st time i.e.
original case
 Civil Jurisdiction and Criminal Jurisdiction
Note: Jurisdiction - Power to make legal judgments
 District / Session Courts

 6 - District / Sessions Court in Delhi
 District Courts and sessions courts are same
 District Court - Civil matters (District Judge)
 Sessions Court - Criminal matters (Sessions Judge)
 Judicial Magistrate - First Class

 Court of Judicial Magistrate of First Class
 Criminal Court - 2nd lowest in India
 Judicial Magistrate (1st Class) - can’t pass sentence of imprisonment more than 3
years or fine more than Rs5000 or both
 Judicial Magistrate - Second Class
 Court of Judicial Magistrate of Second Class
 Criminal Court - Lowest in India
 Judicial Magistrate (2nd Class) - can’t pass sentence of imprisonment more than 1
year or fine more than Rs5000 or both
 Judicial Magistrate - Power to pass judgment on a case i.e. related to Judiciary

 Executive Magistrate - Maintains law and order i.e. don’t have power on criminal
matters
Note: In India, there is integrated system of justice i.e.all the systems are combined
together in order to work as single system
 Session - Criminal case

 District - Civil case
 IPC - Section 498A[Women (Special Power)]
 Police cannot interfere in civil matters

 Police can only interfere in criminal matters
 Jurisdiction
- Power or authority of Judge to hear the case and try the case -
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Advisory Jurisdiction
4) Writ Jurisdiction
 Supreme Court has 4 Jurisdictions
1. Original Jurisdiction
- Original Jurisdiction means that certain cases can originate (appear) in Supreme Court
only
 Centre vs. State

 State vs. State
 Violation of fundamental rights
2. Appellate Jurisdiction
- Appellate Jurisdiction means that appeals against judgments in lower courts can be made
in Supreme Court
- Supreme Court is highest court of appeal
 Appeals in constitutional cases

 Appeals in civil cases
 Appeals in criminal cases
3. Advisory Jurisdiction
- Advisory Jurisdiction means that the president can seek the Supreme Courts advice on
legal matters
- Advisory Jurisdiction - Article 143
 Supreme Court is a court of record

 Court of record - common law system
i.e. A court whose proceeding are recorded and available as evidence of
fact in similar cases in future
4. Writ Jurisdictions
- Writ Jurisdiction means that Supreme Court can issue a writ in case of violation
fundamental rights
 Article 32 - Supreme Court can issue writ in case of violation of fundamental rights
Note: Supreme Court has Jurisdiction in J & K also

High Court has larger Writ Jurisdiction than Supreme Court
TYPES OF WRIT
1. Mandamus - we command
 To give order or issue a command

 Mandamus is issued when public authority, public office does not perform its
duty or perform its duty illegally which results in violation of legal right of the
citizen
 Mandamus is issued to command public authority or public officer to perform its
duty legally
 Mandamus can’t be issued against President and Governor
2. Certiorari - To be certified
 To Quash the order passed by judicial, quasi-judicial and tribunal authority

 Certiorari is issued when judicial or quasi-judicial exceeds its jurisdictions or
incorrectly performs its jurisdiction
 Order is Quashed
3. Prohibition - The act of stopping something
 To prohibit judicial or quasi-judicial from proceeding a case whose it has no

jurisdiction to try the case
 Prohibition is issued before the proceeding
4. Quo Warranto - What is your authority
 To prevent a person from holding a public office to which he is not entitled

 Quo warranto is issued to un-official or un-qualified person to remove him from
the seat or office which does not belong to him
 Quo Warranto is issued to remove a person from holding public office which does
not belong to him
5. Habeas Corpus - You may have the body
 To release a person who has been detained unlawfully whether in prison or

private custody
 Habeas corpus is issued to produce body of citizen who is detained illegally and
wrongfully
 Habeas corpus can be filed before court by any individual i.e. a petition
 Habeas corpus is issued to physically produce the person before court whose
detention is questioned
 Res Judicata is not applicable in Habeas corpus
 Res Judicata - If a case of a person is decided in one court then he can’t go to another
court for same person and case
 Res Judicata
- A matter that has been decided by a court then the same matter of same person cannot go
to another court
- If a dispute is decided between 2 parties in one court then same party cannot see another
party on same dispute in another court
Note - Res Judicata is not applicable in Habeas Corpus because, it is a matter of life
So, if a writ of Habeas corpus is not issued by High court to produce the person in court
who is unlawfully detained, then same petition by same person can be filled in another
court or supreme court to issue the writ of Habeas corpus because, it is the matter of life
 Habeas Corpus - Present the victim to court

 Habeas Corpus is not suspended during even emergency
 Companies Act 2013
- Every company is a body-corporate but everybody - corporate is not a company because

it is not registered in companies Act
 Person - animal; legal entity

 Individual - human beings
 International Law
- Law of nations
- Law of peace
 Father of International Law - Hugo Grotius

 International Law found by - Jeremy Bentham
 Subjects of International Law

- States (Countries)
- International Organizations
- Individuals of different countries
 Sources of International Law
1. International Conventions
 Treaty, Agreement, Convents, fact
 UN Charter
2. International customs as evidence of general practice accepted as law

 Psychological Boundations
 Pacta Sunt Servanda - Treaties signed must be respected
3. General principles recognized by civilized nations
4. Writings of highly qualified publicists or judicial decisions as secondary source

 1; 2; 3 - Primary Source
5. Modern Sources
 Security Council Resolutions (non-binding)
Note: International Law - International Court of Justice
 National Law
 Subjects of National Law

 Persons - Natural and Artificial
 Sources of national Law

1. Constitution of India
2. Legislature
 Centre
 State
3. Precedence
 Common law system
4. Customs
A practice that is being followed by many
 Uniformity
 Psychological feeling that one is legally obliged to follow general practice
5. Personal Laws
 Law of Sea
1. Territorial Waters - 12 nautical miles

 Coastal States excursuses sovereignty over tutorial water
2. Contiguous Zone - 24 nautical miles

 Apply law on customs, taxation, immigration, pollution
 Hot Pursuit area
3. Exclusive Economic Zone (EFZ) - 200 nautical miles

 Exploring, Exploiting, Conserving and Managing natural resources
 Foreign nations have freedom of navigation and over flight
4. Continental Shelf - Between 200 and 350 nautical miles

 Extra land in water
 Right to extract minerals from continental shift
5. High Seas - Beyond all four above

 Right of all the nations
 Does not belong to particular anyone
1 Arvid Pado - Father of Law of Sea

 Contributed to birth of modern law of sea
2 United Nations convention on Law of the Sea
3 Hot Pursuit
 Exercised by Navy-warships or Military-aircrafts and ceases as soon as ship
enters tutorial water of another country
 Continuous
 Done by warship/aircrafts
 Can’t enter territorial water i.e. sovereign area
Note: International Seabed Authority - ISA
 United Nations
 Effective - 24 October 1945

 Foundational Treaty
 Location - United States
 Original member states – 51
 Now - 193
 United Nations Charter

# Preamble
 2 Principal Parts
1 Maintenance of peace and security and international security and respect for human
rights
2 Governments of peoples for United Nations have agreed to charter it is the 1st
international document regarding human rights
 Chapter 1 - Purposes and Principles
(1) Article1 - Purposes of United Nations

 To maintain International peace and security
 To develop friendly relations among nations
 To achieve international co-operation in solving international problems
(2) Article 2 - Principles of United Nations

 Principle of sovereign equality of all members
 All members shall refrain in their international
 Relations from threat or use of force against members
 Members shall settle disputes by peaceful means
 5 principal organs of United Nations
1. General Assembly
 To maintain peace and security
 To inform Security Council and receive report from security council
 Budgeting (voting - 2/3 of majority)
2. Security Council
 To maintain security
 15 members - 10 non-permanent; 5 permanent
 General Decision - 9 votes required
 Veto Power - 5 votes of permanent members
3. Economic and Social Council

 54 members
 Function - Human Rights
4. International Court of Justice
 Principal judicial organ of UN
 15 members; quorum - 9 Judges
 Term length - 9 years
 The Hague, Netherlands
5. Trusteeship council
 International peace and security on trust territories
 Trust territories - Territories taken from nations defeated at end of
world war - 2
 Trust Territories have now attained self-government or independence
Note: ICC - International Criminal Court

 Non UN body
 The Hague, Netherlands
 War crimes
 Genocide
 Violation of Humanitarian laws
 Supreme Court and High Court

 Constitution of India
 Constitution from the people of India, for the people of India
 Union Judiciary
 Supreme Court - Highest Court of appeal
 Hierarchy - Integrated system of Judiciary
 32 - Supreme Court
 226 - High Court
 Heart and soul of constitution - Article 32
 Violation of fundamental rights
 Supreme Court and High Court proceedings are conducted only in English
 Supreme Court - 31(30+1) = Judges
 Article 21 - Right to life

 Article 141 - decree by SC shall be followed by all
 Single Bench - 1 Judge

 Divisional Bench - 1 or more Judges
 Constitutional Bench - 5 or 6 Judges
 Order - Given by court to do something
 Decree - Decree is what court orders a party to do
 Judgment - Reason given by judges as to why decree was given
 Tribunal - Tribunal is any person or institution with authority to judge
claim, case or dispute
Lie outside hierarchy of courts
 Tribunal Court
 Efficient and Independent
 Deal with matters requiring specialized knowledge
 Provide speedy resolution of disputes
 Difference between Court of Tribunal

 Court work on IPC, IEA and CrPC
 Tribunal work on Acts
eg. National Green Tribunal, Company Law Tribunal
 SLP (Special Leave Petition)
 SLP is filed to appeal in SC when injustice is given by HC
 SLP is filed by a party to appeal in Supreme Court
against the judgment given by the High Court
 Article 136
 Power of the Supreme Court to may grant special leave to appeal in Supreme
Court after checking SLP by the party or the Supreme Court may not grant special
leave to appeal
 Certificate of Appeal - Certificate of Appeal given by High Court to appeal in

Supreme Court when question of Law is involved
 Question of Law – (Substantial Question of Law) : It is a certificate given by

High Court to the party to appeal to Supreme Court where itself cannot decide the
case
So, substantial question of Law is decided by the Supreme Court i.e. highest court
in India
 Substantial question of Law - Article 134A

(Certificate to move from High Court to Supreme Court)
 PIL - Public Interest Litigation

 For social justice
 For public benefit
 PIL is for non-profit and for interest of public
 PIL is a type of a writ
But, PIL is filed for public interest and writ is filed for self interest
 PIL is filed by an individual for the interest of public
 PIL is writ
 All writs are not PIL
 Petition
- A petition is filed seeking issuance of a write from High Court or Supreme Court
- Petition is signed by many people
 Executive Head in India - President

 Real Executive Head in India - Prime Minister
Note: Prime Minister - Government Head
 Notwithstanding - in spite of; Despite; Regardless
 Article 131-Original Jurisdiction of Supreme Court
 Only Supreme Court has powers to try some cases
 Between Government of India and State
 Between two or, more states
Note: Article 131 - Original Jurisdiction of Supreme Court
 Article 143 - Advisory Jurisdiction
 Power of President to consult Supreme Court
 Court of Record - Proceedings are recorded and used as facts for next similar cases
Note: Supreme Court (only) and (not) High Court - Court of Record
i.e. evidence of one case is of value for next similar case
 Article 129 - Supreme Court is court of record

 Article 137 - Review of Judgment or order by Supreme Court
 Article 141 - Law declared by Supreme Court is binding on all courts
 Collegium System
 Process through transfer and appointment of Judges takes place
 Decision is taken by a Collegium
 Collegium (related to Supreme Court)

 CJI + 4 senior most Judges of Supreme Court
 Collegium (related to High Court)

 CJI + 4 senior most Judges of Supreme Court + 3 members of concerned High
Court (including Chief Justice of High Court)
 NJAC (National Judicial Appointments Commission)

 Responsible for, appointment and transfer of Judges
 99th Amendment - NJAC Act

 NJAC would consist of - CJI (Chairperson - Ex Officio); 2 SC Judges; Law
Minister; 2 Persons
 NJAC (National Judicial Appointments Commission)

 Responsible for appointment and transfer of Judges
 99th Amendment - NJAC Act (Constitution)
 Passed by Lok Sabha and Rajya Sabha
Note: NJAC is cancelled
 Collegium system replace NJAC

 Collegium will appoint and transfer judges and not NJAC
 NJAC was cancelled on 2015
 Collegium system started again
 Collegium system is transfer and appointment of Judges
 Qualification to become Supreme Court Judge
1. 5 years Judge in High Court
2. 10 years advocate in High Court
3. Or, Distinguished Jurist in eyes of President
 Appointing authority of Judge - Removing authority
 Writ Jurisdiction - Only Jurisdiction where High Court is more powerful than
Supreme Court
 Article 226 - Power of HC to issue writs
Note: Writ - extraordinary judgment in extraordinary situations
 Qualification to become High Court Judge

1. 5 years of Judge in District/Session Court
2. 10 years of advocate in District/Session Court
Note: Leila Seth - 1st Woman chief - Justice of High Court
 Maximum age for HC Judge - 62 years
 Maximum age for SC Judge - 65 years
 Article 227 - Power of superintendence over all courts by High Court
 High Court of a state has superintendence over all district/session courts and tribunal
within the state
 High Court has provisional jurisdiction
 High Court does not have appellate jurisdiction
Note: Appellate - To appeal for error in jurisdiction
 Article 32 - Heart and soul of constitution

Protection against violation of fundamental rights
 Constitution of India
 395 Articles
 22 Parts
 12 Schedules
 GST ( Goods and Service tax)
 Chairman of GST Council - Arun Jaitley
 Difference between order, Decree, Judgment
 Order - Given by court to do something

(No 2nd appeal)
 Decree - Rights and obligations determined by a winning party

(2nd Appeal is allowed)
 Judgment - Reason given by Judges to why decree was given
Note: High Court and Supreme Court are body-corporate so, they can buy property on
their name
CRIMINAL LAW
 Elements of Crime
Human Being
Mens Rea - state of mind
Actus Reus - act of doing something
Injury
1. Human Being
Living Human being
2. Mens Rea
Intention; Knowledge; Awareness; Dishonest; Negligence; Fraudulent; Rashness; Reason
to believe
3. Actus Reus
Act; Series of Act; Omission (not doing something which you are supposed to do)
4. Injury
Body; Mind; Property; Human-Being
 Section 375 - Rape

 Section 376 (1) - Rape
 Section 376(2) - Rape
 Section 376 - Punishment for Rape
 Section 376A - Death by Rape
 Section 376B - Rape by husband during separation
 Section 376C - Rape by person in authority
 Section 376D - Gang Rape
 Section 376E - Rape by repeat offenders
 Section 509 - word, gesture or act intended to insult the

modesty of a woman
RIGHTS
 Fundamental Rights
 Constitutional Rights
 Legal Rights
 Article 32 - Violation of Fundamental Rights (Supreme Court)
 Article 226 - Violation of Constitutional Rights (High Courts)
Note: All Fundamental Rights are Constitution Rights but, all Constitutional Rights are
not Fundamental Rights
 Legal Rights - Specific rights given by acts

(arms act, patent act, etc)
 Article 13 - Laws inconsistent with or in derogation of the

fundamental rights
 No law shall be made to take away fundamental rights for the citizens
 Fundamental Rights - from USA
 Fundamental Duties - from Russia
 Article 14 - Equality before Law
 Article 14 permits reasonable classification because all persons are not similarly situated
However, it prohibits class legislation
 Article 14 - Equality before law &

Equal protection of law
 No discrimination on grounds of religion, race, caste, six, place of birth
 Equality before law - No one is above the law
 No discrimination on basis of birth, position, gender or personal attributes

i.e. everyone is equal in eyes of law
 No discrimination and everyone is equal before law
 Equal Protection of Law - Equal opportunities by law
 Equal opportunities provided by law to all those who are in similar positions
i.e. Because all persons are not in same position or situations law can treat different
persons differently
Note: Court decides whether Equality before Law or Equal Protection of Law is applied
 Equality before Law - Everyone is equal before law and no

discrimination on basis of gender, cast, etc
 Equal protection of Law - Everyone is treated fairly Rich people and

poor people are treated accordingly
 Equality before Law - Negative discrimination
 Equal Protection of Law - Positive discrimination
 Article 16 - No discrimination in public employment
 Article 19 - Freedom of speech
 Article 20 - protection in respect of conviction of offences
 Article 21 - Protection of life and personal liberty
 Article 20 and Article 21

Article 20 and Article 21 can’t be suspended during even emergency
 Article 22 - Protection against arrest and detention in certain cases
 Article 21(A) - Right to Education
(Compulsory education of children from age 6-14)
 Article 21 - Protection of life and personal property
 Article 21 - Right to life (Human Dignity)
 Adultery - Sexual intercourse between a married person and

a person who is not their spouse
 Adultery - Women have more power than men in case of

adultery
 Section 25 (Indian Evidence Act)

 Confession or statement to police officer not valid in court
 Section 26 (Indian Evidence Act)

 Confession or statement by accused in public custody is not valid against him in court
or cannot be proved against him
 Section 25 and Section 26 (Indian Evidence Act (1872))

 Statement given in Police Station is not valid in court
 Section 27 (Indian Evidence Act (1872))
 Statement given in Police Station is valid in court provided a fact in relation with the
statement is discovered and proved
 Preventive Detention Arrest

- Preventive Detention arrest is done beforehand to prevent possible commitment of crime
It is done on grounds of suspicion that some wrong action or some crime may be done by
the person concerned
 Punitive Detention Arrest - Punitive Detention Arrest is done for

already committed crime
Note:
Secularism - Equal treatment of all religions in India

Secularism - No religion preference
 Governance of State (state i.e. country)

 Article 39A - Equal justice and free legal aid to all
 Article 44 - Uniform civil code for citizens
 Article 48A - Protection and improvement of
environment
 Article 50 - Separation of Judiciary from
executive
 Article 51 - Promotion of International Peace &
Security
 Article 51A - Fundamental Duties
 How Bill becomes a law
 Bill is an idea which is proposed in the parliament for discussions on it to make it a law
 Bill is a draft of the proposed law
 Type of Bills
1 Government Bill - Proposed by a Minister
(i.e. Minister of current government)
2 Private Member Bill - Proposed by Non-Minister or any
Member of Parliament
3 Money Bill - Proposed in Lok Sahba only
4 Non Money Bill - Proposed by Minister or Member of
Parliament in either House
Note: None Money Bill - Ordinary Bill or Constitutional

Amendment Bill
 Even before introduction of Bill in Parliament, there may be lot of debate on introduction
of Bill
 How Bill Become a law
1. Draft of bill is prepared
2. Discussion takes place about the bill in the Parliament
3. Committees are formed for discussion and recommendation on the bill that is given to the
House
Committees are known as Miniature Legislatures
4. Voting on the bill in the House takes place
5. After the Bill is passed in one House, it is sent to the other House where same procedure
is followed
6. When a bill is passed in both Houses, it is sent to the President

President signs the bill and it becomes a law
 Jan Lokpal Bill

 Draft of anti-corruption bill
 Lokpal
 An independent body that would investigate corruption cases, complete the investigation
within one year and do trial of case to finish over in next one year
 ‘Lokpal’ coined by - Singhvi
 Lokpal and Lokayuktas Act, 2013

 Lokpal Act
 Anti - Corruption act of Indian Parliament
 Lokpal - Anti Corruption at Centre
 Lokayuktas - Anti Corruption at State
Note: Jan Lokpal Bill proposes to improvement to Lokpal and Lokayuktas
 IAC - Indian Against Corruption (2011)

By Anna Hazare
 IAC - Anti Corruption Movement in India
 Difference between Minister and Member of Parliament

 All Ministers are Member of Parliament but all Member of Parliament are not Minister
 Ministers are Member of parliament from ruling party who are selected by Prime
Minister to run various department of government
 Amendments
 42nd Amendment - Fundamental Duties
 44th Amendment - Right to Property
 73rd Amendment - Introduction of election in Panchayats
 99th Amendment - National Judicial Appointments
Commission (NJAC)
st
 101 Amendment - Goods and Services Tax (GST)
RULES OF LAW
 (Country) state is not governed by a ruler or elected representatives of the people but
by the law constitution is the supreme power in India
 Legislative and Executive derive authority from the constitution But, nobody is above
the constitution or law India is governed by rule of law
 Article 14 - Equality before law

 Article 14 - Rule of law
 Article 39A - Equal Justice and true legal Aid

 Article 44 - Uniform Civil Code for citizens
 Article 123 - Power of President to promulgate ordinances

during recess of Parliament
 Article 52 - President of India
 Article 72 - Power of President to grant pardons
 Article 74 - Council of Ministers to aid and advise president
 Article 124 - Establishment of Supreme Court
 Article 123 - NJAC
 Article 60 - Oath of President
 Article 69 - Oath by Vice President
 Schedule 3 ( Oath by )
 Ministers
 MP and MLA
 Judges
 CAG
 Everyone except president and Vice President
Post Salary Appointed/Elected Oath Resignation To
by Administration
President 1,50,000 Electoral College CJI or Senior-most Vice President *
Consisting of MP’s SC Judge Impeachment (only
& MLA’s MP’s)
Vice President 1,25,000 Electoral College President President
Consisting of MP’s
Ministers President President only
Supreme Court 90,000 President President/on his president (65 years)
Judge (Collegium) behalf
High Court 80,000 President Governor/on his President (62 years)
Judge (recommendation) behalf
CAG 90,000 President President President (6 years or
65 years)
CJI 1,00,000 President President/parliament President/Parliament
Governor 1,10,000 President Chief Justice of President
High Court
Chief Election 90,000 President (6 years No Oath President
Commissioner or 65)
Attorney President No Oath President
General
 4th Pillar of State - Press and Media
 Vice president
 Chairman of Rajya Sabha
 President in absence of President
 Parliament
 President
 Council of States
 House of people
 Council of States - Rajya Sabha (Upper House)

Total - 250
238 - Elected by MLA’s of each state
12 - Elected by President (Science, Art, Literature, etc)
 House of People - Lok Sabha (Lower House)

Total - 552
2 - Anglo Indians (Relating to both UK and India)
 Attorney General - Public Prosecutor representing Govt. of India
 Attorney General - Defend Union of India
 Schedule 10
 Disqualification on ground of defection
 Antidefection
 Winners or elected candidates can’t change political party
 Bicameral - Lok Sabha & Rajya Sabha
 Federal - Centre & State
 Preamble - Part of the constitution
 Article 61 - Impeachment of President
 Article 74 - Council of Minister to aid and advise President
 Article 72 - Power of President to grant pardons
 Article 123 - Ordinance by President during recess
 Article 213 - Ordinance by Governor during recess
 Article 124 - Establishment of Supreme Court
 Article 143 - Power of President to consult Supreme Court
 Article 141 - Law declared by SC binding on all courts
 Article 124 - Appointment of SC Judges
 Article 143 - Advisory Jurisdiction
 Article 141 - SC Judgment are binding on all courts
 Article 136 - Special Leave to appeal by SC
 Article 137 - Review of Judgments by SC
 Article 361 - Protection of President and Governor
 Article 368 - Power of Parliament to amend the constitution
 Hierarchy
 Supreme Court - Apex Court
 High Court - State Level
 Subordinate courts and Tribunals
 Subordinate Court - Judicial Officers only

 Tribunals - Judicial Officers and expert on specific matters
(other members)
 Tribunals - Special courts for specific matters

Taxation Tribunal, Cyber Crime Tribunal
 If the matter is not solved in Tribunal, case goes to High Court
 Preamble
 S - Sovereign
 S - Socialist
 S - Secular
 D - Democratic
 R - Republic
 Constitutionalism
 To follow the constitution
 People appointed by president for statutory post

 CVC - Central Vigilance commissioner
 Lokpal - Anti Corruption Authority
 Ambassador - Representative of a Country
 Vice Chancellor of Central University
 Statutory Post
 Not mentioned in the Constitution
 Mentioned in Acts
FUNCTIONS OF PRESIDENT
 Executive
 Chief commander of Defense Forces
 Appointment of constitutional posts
 Oaths
 Removal
 All other executive function
 Legislature
 Article 123 - Power of President for ordinance during
recess
 Judiciary
 Article 72 - power of president to grant pardons
 Article 74 - Council of Ministers to aid and advise the President
 President
 Article 74 – Aid and Advise of Council of Ministers
(Cabinet Ministers; Union Ministers)
 Contract
 Legal agreement between 2 or more parties that is enforceable by law
 Terms
1. Pardon - forgiveness (or merit basis)

2. Reprieve - to give relief or to suspend
3. Respite - Postpone (on mercy)
4. Remission - to reduce punishment reduction of sentence
5. Commutation - When sentence is changed from one form to another
Note: President - On aid and advice of Council of Ministers (Home Ministry)
 Article 14 - Article 18
 Rule of law : From UK
 Administrative Law
 Administrative law governs the activities of administrative agencies of the
government
 Administrative Law - Branch of Public law

 Principles of Natural Justice (unbiased)
1. Nemo Esse Judex in Propria Causa - Nobody can be a judge in his own case
2. Audi Alteram Partem - Nobody should be condemned unheard
3. Speaking order in most - Order is always written and reasonable
 Sources of Constitution
 Government of India Act, 1919
 Government of India Act, 1935
 Constitution of India
 Diarchy - Dual Government (Central Govt. and State Govt.)
 Bicameral - 2 Houses (Lok Sabha & Rajya Sabha)
 Preamble - Blueprint of our constitution (From USA)
 Fundamental Rights - Human Rights (6)
 Fundamental Duties - Article 51A (11)
 Constitution of India
 Judiciary & Executive - USA
 Rule of Law - UK
 Preamble - USA
 Parliamentary System - UK
 Amendment of Constitution - South Africa
 Emergency Provisions - Germany
 Directive Principles - Ireland
APPOINTMENT OF JUDGES
 1981 - Primary of Executive

 SP Gupta vs. Union of India
 Supreme Court gave primary to president in appointment of Judges
 1987 - Law Commission presented 121st Report

 New forum for judicial appointments
 1993 - Collegium System

 Advocate on Record Association vs. Union of India
 Collegium + President - Appointment of SC Judges
 Collegium = CJI + 4 Senior-most Judges
 1999 - Consultation with plurality of Judges
 Collgium = 4 ; 4 - 2 agree & 2 disagree
 CJI will not recommend the name to President
 2002 - NJAC
 NJAC - National Judicial Appointments Commission
 Function - Appointment of Judges
 2014 - NJAC established

 99 Amendment
th
- NJAC established
 2014 Act, NJAC established
 2015 - NJAC Closed

 After NJAC Closed - Collegium system resumed
 Collegium system - Appointment of Judges
 Jurisdiction of SC is less than HC

 Jurisdiction - Authority
 Jurisdiction (Authority)
 Territorial
 Subject matter - Original; Appellate; Review; Advisory
 Pecuniary - Relating to money
Note: Parliament can enlarge jurisdiction of Supreme Court by making a law
 Supreme Court’s - Appellate Jurisdiction

 Appeal to Supreme Court
 Substantial Case - Case involves substantial question of law
 Civil Case
 Criminal Case
 In any case - SPL (Special Leave to appeal)
 Qualification of SC Judge - Article 124(3)
 Jurisprudence - Knowledge of Law
 Jurist - Expert in Law

(Jurist is recognized & distinguished)
 Removal of Judges
 Grounds - Proved misbehavior or incapacity
 Process
 Address to remove Judge is passed by each house of parliament
 Address is supported by special majority i.e. majority of the total membership of that
House of majority of not less than two-thinks of the members of that house present
and voting
 Address for removal of Judge of presented to President, and President removes the
Judge
 Article 124 (5)
 Procedure for presentation of an address and for investigation and proof of misbehavior
or incapacity of Judge
 Writ
 A formal, written order issued by the court, which is to be obeyed by the
individual/authority to whom it is address
 Supreme Court issued write for the enforcement of fundamental rights
 PIL - Public Interest Litigation

 None-profit and for public benefit
 A writ PIL is filed by an individual in the interest of public
 PIL is a writ But, all writs are not PIL
 Petition
 Petition is signed by many
 A petition seeking issuance of a writ is known as writ petition
 Article 20 - Protection in respect for conviction for offences

 Article 20 protect right of people accused of crime
 Article 20 is a fundamental right which can be suspended even during emergency under
article 359
 Article 22 - Protection against arrest and detention in certain

cases
JUDICIARY
 Article 125 - Salaries, etc of Judges
Article 125 - Once a Judge is appointed, salaries and

perks can’t be reduced
 Article 124 (7 ) - No person who has held office as Judge of

Supreme Court shall act in any court or before any
authority within territory of India
 SC Judge - 65 years
 HC Judge - 62 years
 Article 129 - Supreme Court is Court of Record,
 Article 124A - NJAC (Removed)
 Article 220 - Restriction on practice after becoming a

Permanent Judge
 Article 217(3) - Question raised about age of Judge of High

shall be decided by the President
 Writs
 Constitutional Remedy - Violation of Fundamental Rights
 Command
 Prerogative - Habeas corpus; certiorari,
Mandamus; Quo Warranto; Prohibition
 Article 32 - Issued for Fundamental Rights

(Supreme Court)
 Article 226 - Issue for Fundamental and legal rights

(High Court)
 Mandamus
 To give order or issue a command to individual or authority when an individual or
authority does not perform its function or illegally performs it
 Certiorari
 Issue to judicial and quasi - judicial authority when it exceeds its jurisdiction
 Prohibition
 Issued to judicial and quasi-judicial authority prohibit its wrong proceeding from taking
place
 Quo Warranto
 To stop illegal selection of candidates
 Habeas Corpus
 For missing people to produce the body of citizen when court orders it
 Res Judicata is not applicable here
Note: If High Court rejects petition - cannot approach Supreme Court for writs
 If a person approach High Court under Article 226, then for the same case that person
cannot approach Supreme Court under Article 32
 Res Judicata
 If a dispute is decided between 2 parties then same party cannot sue another party on
same dispute in another court
 President
 Executive Power
 Head of defense
 Appointment of power to executive members
 Sign international treaty
 Legislative Powers
 Supervisory power
 Can order for joint session of Parliament
 Financial powers - all money matters are with President
 Judicial Powers
 Appointment of Judges
 Appointment of CJI
 Disqualification of Member of Parliament is done by President
 Indian Parliament
 President
 House of People - Lok Sabha
 Council of States - Rajya Sabha
 House of People - Lok Sabha

 Total - 552
 States - 530
 Union Territories - 20
 Anglo Indian - 2
 Session of Parliament
 Budge Session - February to May
 Monsoon Session - July to August
 Winter Session - November to December
Note: President - president is a part of Parliament But, not the members of Parliament
 No disqualification for president and Vice-President
 Control of Parliament - President
 Lok Sabha - Lower House
Speaker - Elected by Member of Lok Sabha
Deputy Speaker - Elected
Speaker is impartial after appointment
 Rajya Sabha - Upper House

Chairman - Ex Officio
Deputy Chairman - Elected
Chairman is ex officio i.e. Vice President
 1st Session of Parliament - Budget Session

 1st Session - Lok Sabha (February to May)
 President attends 1st Session or Session immediately after election
Note: Oath of President - To protect the constitution of India
 Appointment and removal of chairman of Rajya Sabha (Vice President) is different from
rest members of Rajya Sabha and Lok Sabha
 Article 74 - President acts on aid and advice of Council of Ministers
 Qualification of Member of Parliament

 30 years of age for Rajya Sabha
 25 years of age for Lok Sabha
 Representation of People’s act, 1951

 Rules and Regulations to conduct elections
 Statutory
 Disqualifications of Member of parliament

 Candidate for MP cannot hold office of profit before and after elections
 Disqualification of Member of Parliament

 Constitutional - Article 102
 Statutory - Representation of People’s act, 1951
 Defection - 10th Schedule
 Lok Sabha - No leader of opposition in Lok Sabha

 Because, no opposition with more than 10% seats in Lok Sabha
 Rajya Sabha - Ghulam Nabi Azad

 Leader of opposition in Rajya Sabha
 Lokpal - Anti Corruption Authority
 Lokpal and Lokayuktas Act, 2013
 NITI aayog - Replaced - Planning Commission

 NITI Aayog - National Institution for Transforming India
 Function - To transform India through participation of state
governments and central government together
 Chairman - Prime Minister (Ex officio)
 Disqualification of MP’s
 Done by President on advice of Election Commission
 Privileges of MP’s
 Freedom of speech in Parliament
 No action can be taken in court against MP on his speech or debate in parliament during
discussion
 Election Petition
 Filed before High Court of Particular state
 Election Petition is filled after disqualified
 candidate is elected with majority
Note: Disputes related to election of President & Vice-President are solved in Supreme
Court
 Functions of the Parliament
1. Legislation - Bill becomes Act in Parliament
2. Deliberation & Discussions - Discussions amongst MP’s for Public Importance
3. Control of Executive - Executive is responsible to Parliament
4. Control of Public Finance
5. Removal of High Official
6. Amendment to the constitution
 Legislative Process of Parliament

 Bill becomes Law in Parliament
 Bill becomes Law in 3 stages
Committee
 Committee is formed in Parliament in either House of the Parliament to discuss bills
1. Standing Committee
 Permanent
2. Select Committee
 Interim or Temporary
 Found for a particular purpose
3. Committee Estimates
 Formed to estimate how to spend budget
 Committee Estimates - Largest committee in Parliament
 Joint Session
 Session of both Lok Sabha & Rajya Sabha together
 Called by only President
 Chairman of Joint Session - Speaker of Lok Sabha
 Assent of President
 President can send the bill back for revision only once and after he has sign it only
 Can’t send it again for revision
Note: Guardian of Constitution - Supreme Court
 Legislative process of Parliament

 To make a bill into act i.e. Law
 Types of Bills
1. Ordinary Bills - Statutory Matters & Constitutional Matters
2. Money Bills
3. Finance Bills - Money Matters & Other Matters
 Money Bill & Finance Bill
 Can’t be introduced in Rajya Sabha
 Only introduced in Lok Sabha
 Decision of Speaker of Lok Sabha is final whether it is a money bill or not
 Money Bills
 Regulation of taxes
 Regulation of borrowing money
 Expenditure of money by government
Note: Consolidated Fund of India - Money in reserve of Government of India
 Annual Financial Statement

 Laid down before both houses
 Presented by – President
 Presented in - Lok Sabha
 Budget is presented by Finance Minister in Lok Sabha
 Expenditure from consolidated Fund of India
1. Charged Expenditure
 Salary for President, Salary for CJI etc
 No voting is done for charged expenditure
2. Other Expenditure
 To spend permission is taken from President
 Consolidated Fund of India
 Consists of -
Revenues received by Government of India
All the loans taken by Government
 Appropriation Bill
1 Money Bill
 Authorizes the government to spend money
2 Finance Bill
 Changes to taxes, duties, etc
 Article 368 - Power of Parliament to amend the constitution
 GST
 Amendment 122 (Bill) - Draft
 Amendment 101 (Bill becomes Act) - Passed in Parliament
 Executive Power
 Other than Legislative Power & Judicial Power
 Executive Powers - Prime Minister (Government)
 Kesavananda Bharati Case

 Kesavananda Bharati vs. State of Kerala
 Article 368 - Power of Parliament to amend Constitution
 Kesavananda Bharati Case

 Basic structure doctrine limits the power of Parliament that fundamental parts of our
constitutions cannot be amended
i.e. parliament cannot amend basic structure of our constitution
 Basic Structure Doctrine - It is a principle that constitution of India in certain basic
features that cannot be altered or destroyed through amendments by the Parliament
 Basic structure Doctrine was established in Kesavananda Bharati Case
 India - Largest democracy in the world
 Supreme Court - Most powerful in India
Note: Justice, Equity and good conscience
Muslim Law
 Primary Sources
 Quran - Holy Book
 Hadith - Collection of sayings of prophet Muhammad
Whatever Prophet Muhammad practiced is written in
Hadith and Muslims follow it
 Secondary Sources
 Legislation - Personal; Secular
 Polygamy - Practice of having more than one wife or husband

at the same time
 Bigamy - Crime or offence of marrying someone while

already married to another person
 Polyandry - Woman has more than one husband
 Triple Talaq - Man says ‘Talaq’ world 3 times to divorce here

wife
 Polygamy - Shayara Bano vs. Union of India (2017)

(Pending in Supreme Court)
 Triple Talaq - Bhartiya Muslim Mahila Andolan

(High Court of Allahabad)
Note: Polygamy - Allowed in Muslim law
 Polyandry - Not allowed in Muslim Law
 Nikah - A Muslim Marriage (Arabic word)
 Conditions / Essentials of Muslim Marriage

1. Parties must be competent
By age and by soundness of mind
2. There must be an offer by a Party i.e. IJAB and offer must be accepted by other party
i.e. Qubul in the same meeting
(not necessarily in the same place eg. on internet)
3. Acceptance must be free consent of the parties
4. Both the parties must be muslim
 Shia & Sunni
 Shia - Muslim can only marry muslim
 Sunni - Muslim man can marry non-muslim woman

 Woman - Kitabia (Jesus/Christians only who believe in
divine book)
Note: Shia - witness not required for marriage

- 2 witnesses are required at time of divorce
Note: Sunni - 2 witnesses are required for marriage

- witness not required for divorce
 Muslim man can marry 4 women

 Muslim man can have 4 wives at one time
 Sharia Law - Islamic Law / Muslim Law

 Also known as - Shariat
 Prophet Muhammad
 Born in Mecca (Holy City)
 Born in Mecca and Died in Medina
 Resting place of Muhammad - Medina
 Dower - Mehr
 Specified
 Proper
 CrPC 125
 Order for maintenance of Wives, Children and Parents
 Danial Latifi vs. Union of India

 Reasonable maintenance of woman during iddat and after iddat period for her survival
Mehr - Paid by groom to bride

 Payment in the form of money or possession paid or promised to be paid by the groom to
the bride at the time of marriage
 Mehr is written in the document which is signed during marriage
Note: Dower - English translation of Mehr
 Purposes of Mehr
 As a mark of respect for the bride
 For her maintenance in case of death of husband or divorce
 To prevent pronouncement of Talaq by husband
 Iddat - waiting period by woman for 4 months 10 days

 Waiting period after death of husband or divorce during which she may not marry
another man
 4 months 10 days
Note: Mehr is paid during marriage or Iddat
 Mehr is paid during Iddat, after divorce or death of husband

 Mehr is paid for a lifetime or a reasonable amount to woman for her survival
 Lok Sabha
 Popular House
 Member of Lok Sabha are chosen directly by people
 1st Lok Sabha - 1952

 1st Session of Lok Sabha - 1952
 1st polling of votes - 1951
 1st election – 1951
 1st speaker of Lok Sabha – Mavalankar
 No confidence motion/ Motion of no-confidence
 A statement or vote that thou are no political party in the majority so nobody is fit to hold
a position of responsible government
 Dissolve of Lok Sabha
 Dissolution of Lok Sabha
 1975 - Emergency
For - 21 months
By - Indira Gandhi
Reason - Social, Economic and Political crisis
 Quorum
 minimum number of number to be present to conduct the assembly of the House to
discuss the business or any issue in the House
 At least 1/10 of total numbers must be present in the House to constitute a meeting
 Article 100 (3) - Quorum of House
 Joint Session
 Called by - President
 Chairperson - Speaker of Lok Sabha
Note:
President - Can’t vote in Join Session
Speaker of Lok Sabha - Vote to break the tie
 Joint Session
 Except money bill & Constitution Bill for Amendment, other bills can be introduced in
Joint Session
Functions of Joint Session -

 To break the tie
 When one house pass the bill and other house rejects the bill
 For mutual changes in the bill
 To solve disagreement on Amendments
 2/ 6 months have been elapsed and other house has not passed the bill
Note: Last Joint Session of Parliament - 2002 (3rd)

Prevention of Terrorism Act, 2002
 Adjournment - Postponement (Temporary or Permanent)
 Sine Die - Termination of House without next date to

resume being given
 Prorogation - To end session of Parliament by another

made by the President
 Dissolution - End of Life of Lok Sabha
Note: Adjournment is temporary & Prorogation is permanent to end session of

Parliament
 Question Hour - 1st hour before every sitting of House is

available for asking and answering questions
 Question Hour - 11am to 12pm (1 Hour)
 President attends session

 1st day of 1st session every year
 1st day of 1st session of newly elected government
 Parliamentary Question - Used by Members of Parliament to ensure

Government is accountable to parliament for
matters of Public Importance
 Calling Attention - Member of parliament can take permission

of speaker to call the attention of a Minister to
matter of urgent Public importance
 Motion - A formal proposal to do something
 Motion is filled in any House of parliament to discuss a matter
 Adjournment Motion - To set aside normal matter to discuss urgent matter
 No confidence motion - Statement that no party is in majority and position

of government to fulfill its responsibility is unfit
 Zero Hour - Zero Hours is the time immediately followed by

Question Hour
Zero Hour start at 12pm
It starts discussion of Business in the House
PARLIAMENTARY COMMITTEES
 Ad-hoc Committee
 Temporary
 Special matters
 Select Committee - for particular house

 Joint Committee - Common to both houses
 Standing Committee
 Permanent
 General Matters
 Estimates Committee
 36 members of Lok Sabha in Estimates Committee
 Largest committee of Parliament - Estimates Committee
 Function
 To regulate functions of Ministers
Note - Minister is never a member of standing committee
 Public Accounts Committee

 15 members from Lok Sabha; 7 members from Rajya Sabha
 Leader - Member of opposition
 Function
 To oversee finances of the country and review audit reports, appropriations from
consolidated fund of India
 Part 3 - Fundamental Rights

 Article 12 - Definition
 State
 government
 Legislature / Parliament
 Local Authority - Municipalities; Panchayats
 Any Authority - Public Sector Undertakings
Nationalized Banks; Government Companies
Sports Authority of India
Airport Authority of India
Note : BCCI - Private Body
 Article 13 - Laws inconsistent that void fundamental rights of a citizen

No Valid law can be unconstitutional in India
 Article 14 - Equality before law or equal protection of

law
- No law can be arbitrary or unreasonable
 Dicey’s concept of Rule of law

(i) Law is supreme - No person is above law
(ii) Equal subjection of all classes (equality before law)
(iii) Protection of personal liberties
 Equality before law

 Equals should be treated equally
 Unequal’s can’t be treated equally
 There should be reasonable classification
 Equality before Law - (-ve)

 Equal Protection of Law - (+ve)
 Equal Protection of Law

 To protect weaker section against rich or strong per their survival
eg. Article 15 & Article 16
 Article 15
 Prohibition of discrimination on sex, religion, caste, real or place
 Reservation in educational institutions for - SC/ST/OBC
 Protection laws for women and children - 15(3)
Note: Child Labour (Protection & Regulation) Act, 2016

 Child below 14 years can’t be employed
 Child b/w 14-18 years can’t be employed for hazardous activities - Article 24
 Article 16 - Equal opportunity in Public Employment

 Reservation in jobs for - SC/ST/OBC
 Reservation in promotion - SC/ST only
 Article 24 - Prohibition of employment of children in

factories
 Part 3 - Fundamental Right
 Article 17 - Abolition of untouchability

 Untouchability should not be practiced
 Article 16 - Equal opportunities in Public Employment

 Article 16(1) - Equal opportunity for all citizens in matters of employment
 Article 16(2) - No discrimination on basis of Religion, Race, Caste, Sex
Note: Article related to educational initiative - Article 15
Article related to equal employment - Article 16
 Article 17 - Untouchability
 Abolished
 Forbidden
 Punishable offence
 Article 18 - Abolition of Titles

 Titles are disallowed
 Titles are not given by government except for Academic and Military destination
eg. Sir, Lord etc (Not allowed)
 Article 19 - Freedom of Speech - Article 19(2)

 Reasonable restrictions may be imposed on freedom of Speech
(i) Against sovereignty and integrity of India
(ii) For security of state
(iii) Friendly relations with foreign states
(iv) Public order, relations or morality
(v) In relation to contempt of court
(vi) Declamation
(vii) Incitement of an offence - (to provoke others)
 Restriction on hatred speech
 Article 20 - Protection in respect of conviction of offences
(i) Protection against ex post facto laws
(Having retrospective effect)
 No person shall be convicted of an offence under any law which was not an
offence at the commission of that act
(ii) Protection against double Jeopardy

 No person shall be punished for the same offence for doing the act, twice
(iii) Right against self - incrimination

 No person accused of any offence shall be compelled to be a witness against
himself

Ques. Article 20 protects rights of -

(i) Offenders
(ii) Accused
(iii) Person who are convicted of an offence
(iv) All of the above (Answer)
Offence
 Wrongs
 Civil - against individual
 Criminal - against society
 Source of Law
 Legislation
 Precedents
 Customs
 Justice or good ethics - responsibility
 Torts
 Law
 Uncodified
 Unliquidated
 Contract
 Terms - agreed by parties
 Codified
 Remedy - liquidated
 When Torts and Contract overlap - remedies lie in both

(have to choose any 1)
 Trust & Torts
 Trust
 Codified
 Terms
 Property
 Torts
 Uncodified
 Law
 Property, Body, Reputation
 Torts
 Civil Wrong
 Not a breach of contract
 Not a breach of trust
 Wrongs
 Criminal
 Civil - Tort; Contract; Trust (overlapping)
 Difference (Torts and Tort)

 Torts - Civil wrong; trust into categories
 Tort - every civil wrong; can’t be put in categories
Note: Torts - Pigeon - Hole Theory
CONSTITUTION
 Emergency – 352; 356; 360
 Article 352 - Grave Emergency

 (Resolution by 2/3rd majority; to revoke - Simple Majority
 Article 356 - Failure of constitutional machinery in a state

 (Resolution within 2 months by simple majority)
 Article 360 - Financial Emergency

 (Never effected - and can only be revoked by President)
 352 - war; External Aggression; Armed Rebellion
 1962 - China war
 1965 - Pakistan war (1968)
 1971 - Pakistan war (1975)
INTERNAL DISTURBANCE
 42nd 1976
 44th 1978 - (Armed Rebellion)
 Emergency - Imposed by President on writing from the cabinet

ministers
 Preserve; Protect; Defend - Constitution by President
Note: Article 19 (only) - Suspended during Emergency (After passing law)
 Article 32 & 226 - Revoked during emergency
 Article 20 & 21 - never revoked during even emergency
Note: Presidents rule 1977
 Article 352 - Infinite time emergency ( 6 months)

 Article 356 - Emergency {3 years (6+6+1 conditions eg. Punjab)}
 Article 360 - infinite time emergency
EMERGENCY
 352 - National
 By - President only after written recommendation from cabinet (approved - special
majority of Parliament)
 Must be approved by Parliament - in 1 month
 Extended up to - 6 months (infinite time)
 44th Amendment, 1978
 356 - State
 (President’s rule)
 42nd amendment 1876
 360 - Financial Emergencies
 1962 - China war
 1971 - Pakistan war
 1975 - Internal disturbance (Indira Gandhi)
 Emergency 352
 Approval - Special majority of both houses of Parliament
 Revoked or expiry - 1 months if not approved by Parliament
IPR
 Patent - 14 years
 Trademarks - 20 years
 Copyright - 60 years
 Hindu marriage act, 1955

 7 years - not being heard for 7 years (presumed - dead)
(ground for divorce)
 Irretrievable Breakdown of marriage

 Husband & wife don’t want to live anymore together
 They simply can’t get along
 Irretrievable breakdown of marriage - ‘No fault’ divorce
 Desertion - for continuous 2 years

 Desertion - 2 years Ground fro - divorce
 No ‘Conjugal Right’ for 1 year after decree by court - divorce (irretrievable breakdown)
 After 1 year divorce
(1 year after - decree by court)
 Law definition - By Salmond
 Stare Decisis - Precedent (past decision)
 Ex aquo at bono - Right & Good (Equity & good conscience)
 Meaning - Court must decide cases according to what is right and
good (just and fair)
 ICJ (World Court)

 President - Ronny Abraham
 VP - Abdul Yusuf
 Arvid Pardon (Malta) - Father of Law of sea (International Sea Bed Authority)
 ICC (International Criminal Court)

 NOT a member of UN
 Triple Talaq - Allahabad HC

(BMMA - Bhartiya Muslim Mahila Andolan)
 Polygamy - Share Bano (case)
 Iddat - counting / waiting
 Death - 4 months 10 days
 Divorce - 3 monthly periods (3 menstrual cycles)
 maintenance even after ‘Iddat’ - Danial Latifi (case)
 Tortfeasor - A person who commits a tort
 Tort - wrongful act leading to legal liability
 Legal injury or loss/harm - must in ‘Tort’
 ‘Violation of legal right’ - compulsory in ‘tort’
 Profits a pendre - Benefits arising out of land
 Res Nullius - Property which belongs to no one originally

(fish from pond) by possession
 Adverse Possession - 12 years
 During dispute - no transfer of property (lis pendence)
 Gift - no consideration
 Donor & Donee - living
 Property
 Corporeal - Tangible (movable, immovable)
 Incorporeal - Intangible (encumbrances, IPR)
 Encumbrances
 Encumbrance is a claim against a property by a party that is not the owner
 Encumbrances prevent the property owner from exercising full enjoyment on property
eg. A - Property owner

B - Tenant
 A has limited control over his own property while B is paying the felt rent
 Encumbrances - Kind of limitation; restriction; kurden etc

 Encumbrances - restriction on rights of property
 Lien - claim / right

 Lien - claim / right to hold property of another
person until that person has paid the amount
(debt)
 Servitude - Limited use

eg. limited use on piece of land
 Hypothecation
 Kind of security taken for giving a loan
eg. Bank holds papers of ‘Bikes’ until full amount is paid back
 Borrower gives an asset (eg. - papers of bike) as a security against loan, but the bike is
with him only When, he pays back full amount to Bank, bank will give bike papers to
him If, borrower can’t repay to bank, bank will take the bike
 Right to redemption - Mortgager
 (take property back after repayment)
 Right to foreclosure - mortgager

 (sell property if mortgager fail to repay)
 Muslim - can transfer only 1/3rd property to outsider (by - will)
 Coparcener - equal share in property (daughter too)
 If already a son/daughter - can’t adopt son/daughter but guardianship is allowed
 Sapinda
 5 - father’s side
 3 - mother’s side
 Endogamy - Marrying in same gotra or community
 Exogamy - Marrying outside the community (different community)
 Doli Incapex - Child below 7 years NOT liable (for crime)
 Agreement enforceable by one party and ‘not by’ not by the other - voidable
 Agreement not enforceable by law - void
 Agreement - must contain ‘intention to enter into a legal obligation’
 Post consideration - no consideration
 Coercion; undue influence; misrepresentation; fraud - voidable
 Mistake void ab initio
 Coercion - to make someone sign by force or threat
 Torts - Right in rem; Common Law (Precedents)
 Contract - Right in personam ; Civil law
 Injuria sine Damnum - tort

 Injuria con Damnum - tort
 Damnum sine injuria - No tort
 Actionable per se - no proof required

Because it is clearly seen
eg. Assault, Battery
 Proof of damage required
eg. Negligence
 Trespass - movable; immovable; body
 Tribunals - Quasi Judicial
 Hindu Marriage Act, 1955 - ‘only’ Hindus (both)
 Void marriage - Bigamous; sapinda; Prohibited degree of
relationship; without common & customary rites
 Voidable Marriage - from one party
 Constructive Divorce - When one party behaves in offensive manner with

innocent party (intentional)
 Constructive Divorce - not heard for 7 years
 Judicial Separation - Conjugal rights suspended
 Husband & wife can’t cohabit

 Husband and wife live separately during judicial separation
 If court satisfied after Judicial separation Divorce
 Contingent contract - conditional contract

 Breach of contract - remedy compensation
 Chattel - movable property
 Nuisance - unlawful interference
 Strict Liability
 Relyands vs. Fletcher - By Justice “Blackburn”
 exceptions possible by showing reasonable care
 Absolute liability
 against - company; enterprise
 No exception - enterprise is completely liable
 Pecuniary - money matters (relating to money)
 Pleading - Statement containing cause of action or defense

- grievances caused & reliefs wanted
 Plaintiff - files ‘Plaint’
 Plain - contains ‘Pleadings’
 Written statement - by Defendant
 Ex-park - walk over (one sided)

 Arbitration - Binding (by-law)
 Mediation - NOT binding (informal)
 Conciliation - Same as ‘Mediation’

But, ‘Conciliator’ plays active role here
 Lok Adalat - fast track courts

 Alternative dispute redressed
 People’s court
 Quran - Holy Book
 Hadith - Traditions of Prophet Mohd. (Sunni)
 ‘Ijma’ & “Qiyas’ - Muslim Law
 Nikah - union of sexes
 Shariat Law - Muslim Law
 Shia - ‘Muslim man’ can marry only ‘Muslim Woman’

(old thinking - only believe in Prophet’s family)
 Sunni - ‘Muslim man’ can marry ‘Kitabia’ (new thinking)
 Ijab & Qubul - Proposed & acceptance (same meeting)
 No ‘Qazi’ required in muslim marriage
 No ceremony required in muslim marriage
 Witness for marriage

 Shia - No
 Sunny - Yes (2 witness)
 Divorce by mutual consent - Khula
(invitation for divorce from ‘wife’ side)
 Mubarat - divorce by mutual consent

(by both parties)
 Tuhr - period of purity
 Ashan – pure (talaq by husband)
 Talaq ul Biddat - Triple Talaq
 Hasan - (Talaq)
 Ila - Husband refuses conjugal right to wife
 Zihar - Husband compares wife with another

woman within prohibited degree of relationship
 Mehr - Dower
 Specified - pre determined
 Proper - reasonable amount (accordingly)
 Section 125 CrPC - Maintenance to wife, children & parents

Legal Aptitude Guide

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Legal Aptitude Guide

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LEGAL APTITUDE

- Rules / Regulations / Principle

 Difference between Law and Rules

Law is made by government and is recognized and has to be followed by all

 Law - Administration of justice by certain rules

 Juries - People or body dealing with law

 Actus reus non facit reum nisi mens sit rea

 Culpable - Deserving for blame of a crime

 All murders are culpable homicide

 Culpable Homicide amounting to murder

 Culpable Homicide not amounting to murder

 Culpable Homicide not amounting to murder is not murder

 Suspect - Person with a doubt of crime

 Accused - Person who goes through trial

 Convicted - person who goes through trial and proved

 Acknowledgement - Acceptance of the official that the person

 Adjournment - Postponement of court session

 Doctrine - Legal doctrine is a framework, set of rules,

 Adjective Law - Procedural law which deals with procedure

 Administrative Law - Related to government

 Civil Law - Non criminal law

 Depose - To testify or to give evidence under oath in

 Contract - Agreement between two or more parties

 Felony - A serious crime like rape, murder

 Misdemeanor - A less serious crime like theft

 Prime Facie - A case where on first look facts themselves

 Contempt - The offence of being disobedient or disrespectful to

 Contempt of court - Behavior that disobeys or disrespects the court

 International Law - Body of rules which governs and conduct the

 John Salmond - Judge of New Zealand

 Salmond’s theory of law

 National Law - Law applicable within state

 Common Law System

 Civil Law system

 Indian Penal Code - IPC(1860)

 Ranbir Penal Code - RPC

Note: Article 32 - Heart and soul of constitution

 Hierarchy of Judiciary in India

Note: Jurisdiction - Power to make legal judgments

 District / Session Courts

 Judicial Magistrate - First Class

 Judicial Magistrate - Power to pass judgment on a case i.e. related to Judiciary

 Session - Criminal case

 Police cannot interfere in civil matters

 Centre vs. State

 Appeals in constitutional cases

 Supreme Court is a court of record

Note: Supreme Court has Jurisdiction in J & K also

 To give order or issue a command

 To Quash the order passed by judicial, quasi-judicial and tribunal authority

 To prohibit judicial or quasi-judicial from proceeding a case whose it has no

4. Quo Warranto - What is your authority

 To prevent a person from holding a public office to which he is not entitled

5. Habeas Corpus - You may have the body

 To release a person who has been detained unlawfully whether in prison or

 Habeas Corpus - Present the victim to court

 Companies Act 2013

- Every company is a body-corporate but everybody - corporate is not a company because

 Person - animal; legal entity

 Father of International Law - Hugo Grotius

 Subjects of International Law

 Sources of International Law

2. International customs as evidence of general practice accepted as law