State and The Legal System

STATE AND THE LEGAL SYSTEM
1. Role - Protector, regulator, facilitator - to have meaningful activities, advances

welfare of the masses.
2. Ensures - State and individual relations and interests (Example of Land Acquisition
Act - State took action to protect the interests of the people, odd-even system for the
health of the people) , governance and redressal mechanisms ( Ex- NHRC, CVC, RTI,
Ombudsman for bank, Lokpal, Universal Periodic Review as international redressal
mechanism)
3. Challenges - Privatization and Globalization.
4. Compliances -
 Constraints on government powers? Whether the constraints are there or not?

{Sovereign immunity, preventive detention, section 197 of CrPc wherein the previous
sanction of the government is required to prosecute --->power is not limited in these
cases
 Absence of corruption and recourses?
 Open government? {More of information inflow, more transparency in the working of
the government}
 Fundamental Rights protection?
5. Order and Security? General order and security in the society that the law governs.
6. Regulatory enforcement? Labour Codes (to enforce labor rights), Consumer
protection act to enforce consumer rights and laws.
7. Civil/criminal justice system?
8. Informal Justice System? Article 40 - The State shall take steps to organise village
panchayats. 73rd amendment.
MARKET AND THE LEGAL SYSTEM
1. Commercial world importance - A legal system has to make sure that the commercial
system of that place gears up. How well it is facilitating the economy. Ex- Singapore
Legal system (arbitration hub)
2. Regulating inputs of business - How the necessititites for business are made simpler
for business (for example, getting land, supply of law materials, labor and power
rates, reservation for jobs for locals
3. Outputs generated give rise to issues
4. Process of business
5. Compliances of international treaties.
Market shoudl function well for revenue generation. General economy of the place would
catch up and would create employment which would have effect on taxes. Land Acquisition
point ????? Singhur Land Controvery??
Bombay Municipal Corporation example
A leg
HOW DOES A LEGAL SYSTEM RESPOND TO A PROBLEM
1. Legislative Framework - Dowry Prohobition Act 1961, , PCPNDT act 1994,

prohibition of child marriage act, HIV Prevention and Control act
2. Systematic Interventions and initiatives - Nirbhaya Fund 2013, GPS Mandatory
requirement for taxi requirements: New Taxi Policy, Swadhar Greha Scheme, women
desks in all police stations
3. Judicial Action - Valsamma Paul vs Union of India 1996 (use of international
conventions to justify women's rights in India) , Laxmi Acid Attack case, Shakti
vahini vs Union of India
4. EXAMPLE - Article 2 of CEDAW (Obligation to eliminate discrimination)
Dowry Prohobition Act 1961,
Political Science
Weaknesses of the Hobbesian State
1. One of the critiques of the work Leviathan is Rebels Catechism by John Bromol. One of the
important questions to consider to raise questions is by way of imagining many of us
suddenly do not obligate ourselves to follow the authority of the courts or the police or laws.
However, these are the instruments through which India regulates the governed (laws, courts,
police, bureaucracy).
2. If many of us decide to be rebellious against the sovereign authority, it shall lose its power to
regulate or govern us. Our belief in the instruments provides the legitimacy of the authority of
the sovereign power.
3. Hence, legitimacy becomes very important to exercise its authority over the governed.
4. The King/ sovereign uses instruments to establish control. (Police, courts, bureaucracy)
5. If a mass of people begin to question such instruments and the validity of laws that govern
them, the consequence of this would be that these agencies of the Monarch or the government
would lose their acceptance in the minds of a large number of people. It would lose its
legitimacy.
6. Legitimacy remains an important principle through which the monarch rules over the people.
7. The Hobbesian Man is the most rational with no limits to what he can do for self-
preservation. Why would he then extend to be unconditionally ruled by a sovereign? This is a
paradox.
8. Who decides whether a set of laws or a set of state actions is detrimental to the lives of the
people? The sovereign decides or the people? The people decide because they possess a high
degree of rationality. Therefore, the sovereign will make sure that it does not act in the
contradiction to the interest of the masses. (Largest number of people, not a handful of
people)
9. So, the Hobbesian argument is not an agency not an alienation contractarian principle.
10. Second weakness is, Hobbes, imagines every human to be equal in The State of Nature. That
is a liberal argument put up in an era that was accepting of this idea. The objection to the
argument is, if we imagine that in some historical time human beings are equal and
subsequently equality exists. However, we are born in different circumstances and structure
plays such a wildly important role in our life, so inequality exits. Strucutres should be taken
into account while making an argument for equality.
HLCD
Model 4 – Charities Commission UK Model
1. Demonstrate how work will benefit the public.

2. Efficiency of public services promoted. (police, prosecution, fire department, their training).
3. Conflict resolution + reconciliation + promotion of religious harmony + diversity community
development new grounds.
D) FAMILY LIFE
“Of all the social groups within the State, the family is at once most closely knit, smallest and most
enduring.”
Sources of membership in family –
1. Marriage
2. Birth
3. Adoption
4. Divorce
Reflects different spheres –
1. Idea of socio-economic, and emotional support. (Whenever a girl child is involved,

evidence is not taken in front of her taking into account her emotional reaction
regarding cases of abuse - emotional support). Mother given primacy for custody
taking into account the emotional support she would provide. (Provide maintenance
to children and wife - economic consideration.)
2. Inter-spousal and inter-generation relations. (Inter generation – maintenance issues
involving father and son; section 125 of Criminal Procedure Code; Senior Citizens
Act; Domestic Violence Act 2006. Inter spousal relations – the restitution of conjugal
rights. )
3. Elements of justice and fair play.
4. Linked with religious communities. (Biases in notions, do religious practices promote
certain biases?)
5. Issues of gender bias and inequality. (Law trying to remove gender bias in property
and inheritance.)
6. International compliances and standard settings. {16 (3) UDHR – family is the
natural and fundamental unit of society and is entitled to support by the State.}; {16
(1) (2) UDHR equals rights to be given and also talks about child protection.};
{Article 10 and 23 of International Covenant of 1966 regarding child’s interests.};
{Equal rights between men and women in all matters – CEDAW 1979.}

State and The Legal System

Uploaded by

Copyright:

Available Formats

State and The Legal System

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

State and The Legal System

Uploaded by

Copyright:

Available Formats

STATE AND THE LEGAL SYSTEM

1. Role - Protector, regulator, facilitator - to have meaningful activities, advances

 Constraints on government powers? Whether the constraints are there or not?

MARKET AND THE LEGAL SYSTEM

1. Legislative Framework - Dowry Prohobition Act 1961, , PCPNDT act 1994,

Dowry Prohobition Act 1961,

Weaknesses of the Hobbesian State

Model 4 – Charities Commission UK Model

1. Demonstrate how work will benefit the public.

Reflects different spheres –

1. Idea of socio-economic, and emotional support. (Whenever a girl child is involved,

You might also like