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Legal GK

Law in India

Law in India is majorly based on the common law legal system inherited from the Colonial era. During the drafting of Constitution
many laws from other countries were also taken into consideration. Earlier the Indian society was governed by Smrities, Vedas,
and then was governed by Mughal Laws. The Britishers for the 1st time codified laws that were Secular in nature and was not
based on caste indifferences. The first major British enactment was Indian Penal Code, 1860 which was drafted by Lord Babington
Macaulay. Following are the list of laws that governs the acts of the Indian Citizens:

Constitutional and Administrative Laws:

a) Constitution of India, 1950 Supreme law of the Land. Supersedes all the other legislations

Indian Criminal Law:

a) Indian Penal Code, 1860

 Main Criminal Law

 Cover all the substantive criminal laws
 Drafted by Lord B. Macaulay
 1st Comprehensive Legislation in the world
 Jammu and Kashmir has it’s separate Penal Law Known as Ranbir Penal Code
 There are 23 Chapters and 511 Sections in it.
 In total there has been 76 Criminal Law Amendment, Previous on was in 2013.

b) Indian Evidence Act, 1872

 This act contains a set of rules and allied governing admissibility of evidence in the Indian courts of law.

c) Code of Criminal Procedure, 1973

 Covers all the procedural aspects of Criminal Law.

 This act provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
 It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
 There are 484 sections, 2 Schedules and divided in 37 Chapters.
 This code classifies the offences as bailable offence, cognizable offence, etc.
 Gives a comprehensive detail about the power of Courts in sentencing.

Indian Contract Law

 Enacted in 1872
 Governs entering into contract, execution of contract, and the effects of breach of contract

Civil Procedure Code, 1908

 Covers all the procedural aspects of civil law

 One of the most comprehensive legislations in India
 Also known as Bible of Civil Courts

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Other Important Legislations

a) Advocates Act, 1961

 Related to legal practitioners in India

 Provides for constitution of bar council with power to hold property and have its own distinct legal entity.

b) Representation of People Act, 1951

 Provides for the conduct of the Parliaments and Legislatives assembly also
 Provides for the grounds of disqualification of MPs and MLAs

c) Right to Information Act, 2005

 Provides for the right to information for the citizens from the public authorities
 Established with the view of promoting transparency and accountability in the working of the public authority

Intellectual Property Rights

 Intellectual property is a creation of the intellect that is owned by an individual or an organization which can then choose to
share it freely or to control its use in certain ways.
 Through a system of IPRs, it is possible not only to ensure that an innovation or creation is attributed to its creator or producer,
but also to secure “ownership” of it and benefit commercially as a result.
 These rights can also be sold, licensed or otherwise disposed of by the rightsholder.

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Different forms of IPRs are:

Copyright:

The copyright system rewards artistic expression by allowing the creator to benefit commercially from his work.

In addition to granting economic rights, copyright also bestows “moral” rights which allow the creator to claim authorship and
prevent mutilation or deformation of his work that might harm his reputation.

To qualify for copyright protection, the work has to be an original creation and expressed in a certain fixed form.

Copyright is regulated in India by Copyright Protection Act, 1957.

Patents

A patent gives the inventor the right, for a specified period of time, to prevent others from using, making, selling, offering for sale,
or importing his invention without his authorization.

In return, the inventor must disclose the details of his invention in a patent document that is made publicly available.

In this way, patents represent a social contract between society as a whole and inventors.

As pr WTO Agreement, patent right is guaranteed for 10 years.

Patents Act, 1970 was enacted in India to give patent rights.

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Trademarks

Trademarks allow consumers and businesses to differentiate between goods and services from different producers, and to select
products by manufacturers whose reputation they trust.

Trade Marks Act, 1999

Trade secrets

Trade secrets encompass various types of business information, whether technical, commercial or financial, which is not known or
readily ascertainable by the relevant public and which gives a business a competitive edge.

For example the Unique taste of Coca Cola.

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International Law

 International law is the set of rules generally regarded and accepted as binding in relations between states and between
nations.
 International law differs from state based legal systems in that it is primarily applicable to countries rather than to private
citizens.
 Father of International Law-Hugo Grotius
 Three distinct legal disciplines envisaged under the term “international law” are-
 Public international law, which governs the relationship between states and international entities. It includes these legal fields:
 treaty law
 law of sea
 international criminal law
 the law of war
 international humanitarian law,
 international human rights law, and
 refugee law.
 Private international law, or conflict of laws, which addresses the questions of
 Which jurisdiction may hear a case, and the law concerning which jurisdiction applies to the issues in the case.
 Supranational law or the law of supranational organizations, Systems of “supranational law” arise when nations explicitly cede
their right to make certain judicial decisions to a common tribunal
 The sources of international law have been listed under Article 38.1 of the Statute of the International Court of Justice:
 Primary Source
 Treaties
 Customs, and
 general principles
 Subsidiary Source
 Judicial decisions
 Scholarly writings

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Constituent Assembly
The present constitution was framed by the Constituent Assembly of India setup under Cabinet Mission Plan of May 16, 1946.
1st Chairman (Eldest member): Sachchidananda Sinha
2nd Chairman (Elected & Permanent): Dr. Rajendra Prasad
The Constituent Assembly appointed a Drafting Committee

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Drafting Committee
Drafting Committee, which bore the responsibility of drafting the Constitutional document was formed on August 29, 1947. Its
members were:
Chairman: B.R. Ambedkar
Constitutional Advisor: B.N. Rau
Alladi Krishnaswami Ayyar
N. Gopalaswami Ayyangar
K.M. Munshi
Syyed Mohd. Saadulla
N. Madhav Rao
D.P. Khaitan
After 3 readings by the Constituent Assembly, the Draft of the Constitution was finally approved and adopted on 26th November
1949 which is observed as National Law day.
The clauses of Citizenship, Parliament and Elections were implemented at the time of adoption of the Constitution.
The rest of the Constitution came into force and was enacted on the date of 26th January 1950 - celebrated as Republic Day. On
this day, Resolution of ‘Purna Swaraj’ was adopted at the Lahore Session of the Indian National Congress on 26th January, 1930

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Important Articles

Article 39A Free legal Aid

Article 44 Uniform civil code (applicable Goa only)
Article 51A Fundamental duties
Article 54 Election of President
Article 72 Pardoning powers of President.
Article 110 Definition of "Money Bills"
Article 112 Annual Financial Statement (Budget)
Article 123 Ordinance making powers of president
Article 124 Establishment of Supreme Court
Article 141 Decision of the Supreme Court binding on all the courts
Article 161 Pardoning powers of Governor
Article 324 Establishment of election commission of India
Article 343 Official languages of the Union
Article 352 National emergency
Article 356 Emergency in states (President's Rule)
Article 360 Financial emergency
Article 368 Amendment of Constitution
Article 370 Special status of Jammu and Kashmir

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Important Amendments

It added ten Fundamental Duties in the Constitution. The Preamble of the Constitution
nd was also altered. Raised the term of the Lok Sabha and Vidhan Sabha from five to six
42 Amendment 1976
years. The Amendment established the supremacy of Parliament over the others.
The 42nd also amended Preamble two new words "Socialist" and "Secular" added.
This Amendment reduced the voting age from 21 years to 18 years for the Lok Sabha as
61st Amendment 1989
well as Assemblies.
Statutory provisions for Panchayat Raj as third level of administration in Villages. To
73rd Amendment 1992 ensure direct election to all seats in Panchayats one third seats in Panchayats reserved
for women.
th
74 Amendment 1993 Related to local bodies in urban areas
The total number of the ministers shall not exceed 15% of the total number of the House
91st Amendment 2003
of the People.
Article 248
Article 249
Article 250
Article 268
Article 269
Article 270
101st Amendment 2017 Article 271 Introduction of Goods and Services Tax (GST)
Article 286
Article 366
Article 368
Amended Sixth Schedule
and Seventh Schedule
Deletion of Article 268A
Addition of Artilce 338B, 372A Cosntitutional status to National Commission for
102nd Amendment 2018
Modification of Article 338, 366 Backward Classes
Amendement to Article 15 & 16: A maximum of 10% Reservation for Economically
rd Weaker Sections of citizens of classes other than the classes mentined in clauses (4)
103 Amendment 2019
educationally backward classes of citizens or the Schedule Castes and the Scheduled
Tribes.

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Salient Feature of the Constitution

Sources of the Indian Constitution

Government of India Act, 1935 Centre-State List system

Centre-State autonomies
Judiciary
Administrative Details
Federal set up
British Constitution Parliamentary Privilege
Single Citizenship
Cabinet System
Rule of Law
Australian Constitution Concurrent list
Freedom of Trade & Commerce
Joint sitting of Two Houses of Parliament
US Constitution Fundamental Rights
Judicial Review
Independence of Judiciary
Impeachment of the President
German(Weimer) Constitution Emergency Provisions
Suspension of Fundamental Rights
Russian(Soviet) Constitution Fundamental Duties
Irish Constitution Directive Principles of State Policy
Election of President
French Constitution Ideals of Liberty, Equality and Fraternity
Japanese Constitution Procedure established by Law
Canadian Constitution Federation with a Strong Centre
Residuary power of the Centre
Advisory Jurisdiction of the Supreme Court
Appointment of State Governor
South Africa Constitution Procedure for Amendment of the Constitution
Election of members of Rajya Sabha

Present Day Constitution

 Indian Constitution is world's lengthiest written constitution.

 For its Completion, the Constituent Assembly took exactly 2 years, 11 months and 17 days.
 The Preamble of the Constitution is based on the American Model and it declares India to be a Sovereign, Socialist, Secular,
Democratic, Republic. The word “Socialist and Secular’1 was not present in the original Preamble, and was added later by 42nd
Amendment Act, 1976.
 Indian Constitution provides for Single Citizenship.
 Indian Constitution is the Supreme Law of the Land and is binding on the Central as well as State Government.
 Originally the Constitution had 395 articles in 22 parts and 8 schedules.
 The latest 103rd Amendment Act, seeks to provide for the advancement of “economically weaker sections” of citizens.
 As of 2019, the Constitution of India now consists of 395 articles in 25 parts and 12 schedules.

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Fundamental Rights

Article 12 Definition of State

Article 13 Warranty of Fundamental right
Article 14-18 Right to Equality
Article 19-22 Right to Freedom
Article 23-24 Right Against Exploitation
Article 25-28 Right to Freedom of Religion
Article 29-30 Cultural & Educational Rights
Article 32-35 Right to Constitutional remedies

DPSPs: DPSPs are covered in Part IV of the constitution under Articles 36- 51. These lay down the principles on which the
government should carry out its schemes and policies. These can also be said to be rights of citizens, but they are non-justiciable
i.e. they cannot be enforced in a court of law.

nd
Fundamental Duties: Fundamental duties were not present in the original Constitution. They were added by 42 amendment in
1976. This was done pursuant to recommendation of Swarn Singh Committee. These are contained in Art. 51A of the constitution.

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Indian Judicial System

Supreme Court

Established under: Article 124 Composition: 1 CJI & 25 Judges

Seat: Delhi 1st CJI: Justice H.J. Kania
Current CJI: Justice Ranjan Gogoi (46th) Previous CJI: Justice Dipak Misra (45th)
Appointment of SC Judge:
Appointment by: President, after consultation with the collegium. Advice of collegium is binding on the President.
Retirement Age: 65 years
Collegium: CJI+ 4 Senior Most Judges
(Justice Ranjan Gogoi (CJI), Justice Sharad Arvind Bobde, Justice N.V. Ramana, Justice Arun Mishra, Justice R.F. Nariman)
Eligibility: In order to be appointed as a judge in the SC, a person must:
1. Be a citizen of India.
2. Be either a distinguished jurist or have at least 10 years’ High Court practice as an advocate, or
3. Have been a High Court judge for at least 5 years.
Grounds for impeachment:
1. Proven misbehaviour.
2. Incapacity
Important Articles
Jurisdiction Article
Original Jurisdiction Article 131
Court of Appeal Article 132-136
Advisory Jurisdiction Article 143
Guarantor of Constitution Article 32
Court of Record Article 129
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High Court

Established under: Article 214

1st High Court: Calcutta (July, 1862)
Latest Established High Court: Amravati (Andhra Pradesh, January, 2019)
Composition: CJ + Other Judges
Appointment: Appointment by: President, after consulting the CJI, the state governor (and also the CJ of the state HC, in case
other than the CJ is to be appointed).
Eligibility: In order to be appointed as a SC Judge, a person must:
1. Be an Indian citizen
2. Not be above 62 years of age
3. Have held a judicial office in India, or
4. Have been an advocate of an HC or of two more such courts in succession
Retirement Age: 62 years {Changed from 60 to 62 by 15th Amendment Act, 1963

Lokpal & Lokayuktas

1st Lokayukta: Justice Pinaki Chandra Ghose
Lokpal is a public ombudsman at centre level, which is an anti- corruption authority. Parallel to Lokpal in centre, Lokayuktas are
appointed at the state level.

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Comptroller & Auditor general of India

1st C&AG: V. Narhari Rao
Current C&AG: Rajiv Mehrishi (Incumbent) CAG Makes reports on accounts of the centre and State and submit it to the president
and the governor respectively.
CAG is appointed by the President. His term extends till 6 years or until he turns 65 years of age.

Election Commission of India

st
1 Election Commissioner: Mr. Sukumar Sen
Current Chief Election Commissioner: Mr. Sunil Arora

Governor
Governor is a representative of President at state level, he is head of the State executive. He is appointed by the President (on
advice of cabinet)

Important Office Office Bearer

International Court Of Justice (ICJ) Abdulqawl Ahmed Yusuf (Somalia)
Xue Hanqin (China)
International Criminal Court (ICC) Chile Eboe Osuji
Supreme Court of India Justice Ranian Gogoi
Attorney General of India (AGI) K. K Venugopal
Solicitor General of India (SGI) Tushar Mehta
Ministry Law and Justice Ravi Shankar Prasad
BAR Council of India (BCI) Manan Kumar Mishra

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