JURISPRUDENCE – KEY POINTS

 Jurisprudence, as a philosophy of law attempts to corelate with social values and

provides practical solution to the way of fusion of fact, justice and value.
 Jurisprudence a science of law is primarily concerned with regulation of human
conduct in accordance with the set of values needs and goals of each society.
 The term legal theory has been, for the first time, coined by W. Friedmann in 1945.
 Fitzgerald says that legal theory is “an attempt to answer the question “What is Law”
in order to clarify the most of all legal concepts, the concept of law itself”.
 The essential task of legal theory is to examine and analyse the philosophical notion of
law.
 The word “Jurisprudence” is derived from the Latin word “jurisprudential” which
means ‘knowledge of law’.
 In jurisprudence we are concerned to reflect on the nature of legal rules, on the
underlying meaning of legal concept and on the essential features of legal system.
 Law denotes a body of rules devised for the solution of conflict of people living
together.
 A nation is a community of persons linked either by their historical development,
common language, pr common social customs, etc.
 A state is an association of human beings established for the attainment of certain ends
by ‘certain means’.
 Population, Territory, Government and Sovereignty are the essential or characteristic
elements of a State.
 According to Hobbes, Bentham and Austin law is the product of the State. Hence,
State is above Law.
 Laski, Jennings, Duguit hold that the law is superior and prior to State. Hence, law
may bind the State.
 According to Kelsen, law and State are the same thing looked at from different angles
because both indicate the legal order.
 The term sovereignty was for the first time introduced into political science by Jean
Bodin, the renowned French political philosopher in his celebrated work De La
Republiqui.
 Sovereignty implies (a) a power possessed by a State or a sovereign over its citizens or
his subjects; and (b) a power possessed by a State or sovereign to extract obedience
from the citizens or subjects.
 Sovereignty, as conceived by Austin, has four characteristics viz. (a) Sovereignty must
be determinate (b) Sovereignty is essential (c) Sovereignty is indivisible and (d)
Sovereignty is unlimited and illimitable.
 Administration of justice means justice according to law.
 Administration of justice are of two kinds – civil& criminal.
 The purpose of criminal justice is to punish the criminal.
 There are many theories of punishment like Retributive, Deterrent, Preventive,
Expiratory, Reformatory, etc.
 Punishment on the Indian Penal Code is not based on any one theory. It is a
combination of deterrent, preventive and retributive theories.
 The aim of the rules of natural justice is to secure justice or put it negatively to prevent
miscarriage of justice.
 Analytical Jurisprudence is mainly associated with positivism, the approach to law
which concerns itself with positive law i.e. legal system and rules actually in force.
 Historical Jurisprudence viewed law as a legacy of the past, a product of each
individual community or people or nation embodying and reflecting its peculiar traits.
 Sociological Jurisprudence strives to study law in terms of immediate needs and
requirements of individuals and other varying social groups.
 Custom is one of the oldest forms of law making.
 A precedent covers everything said or done which is furnished a rule for subsequent
practice.
 The term Legislation is derived from the Latin words ‘Legis’ a law and ‘Latern’
meaning to ‘make’, ‘put’, ‘set’. Thus, legislation means making or setting law.
 Right has been used as an interest correlated of duties.
 Rights are of two kinds – Rights in rem, Rights in personam.
 The word person is derived from the Latin word ‘persona’.
 In law, a person is being whom the law regards as capable of rights and duties.
 Possession is a prima facie evidence of ownership and anyone desiring to disturb
possessor must show their title or a better possessory right.
 Animus means intention to hold the possession against all other except the true owner.
 In the legal sense the term ownership carries the connotation of right over a thing to
the exclusion of all other persons.
 Liability means and implies responsibility for an act or omission.
 Liability is either civil, criminal or remedial or penal.
 Negligence is the breach of a duty caused by the omission to do some thing.
 A prudent man or a reasonable man, ordinarily, is one who undertakes an act only if he
has acquired the skill to do that act.
 The degree of care which a man is required to use in a particular situation in order to
avoid the imputation of negligence varies with the obviousness of the risk.
 Obligation is a tie, whereby one person is bound to perform some act for the benefit of
another,
 The realist approach to law is a part of the sociological approach.
 The realist school says that Law is what courts could do and not what they say.
 CONSTITUTIONAL LAW OF INDIA
KEY POINTS

 The Constituent Assembly came into being in November 1949.

 On August 29, 1947, a Drafting Committee of 7 members was set up to draft the
Constitution under the chairmanship of Dr. B.R.Ambedkar.
 The new Constitution of India was adapted by the Constituent Assebly on 26 th
November, 1949 and came into force on 26th January, 1950.
 A federal Constitution must almost necessarily be written Constitution.
 The Indian Constitution possesses all the essential characteristics of a federal
Constitution.
 The Constitution of India is neither purely federal nor purely unitary but is a
combination of both.
 The Indian Constitution is the lengthiest and the most detailed of all the written
constitutions of the world.
 The Indian Constitution originally consisted of 395 Articles divided into 22 Parts and
9 Schedules.
 After the Constitution 92nd Amendment Act,2003 the Indian Constitution now cocnsist
of 447 Articles divided into 26 Parts and 12 Schedules.
 The term ‘Socialist’ has been inserted in the preamble by the Constitution 42 nd
Amendment Act, 1976.
 The Preamble of the Indian Constitution declares that the Constitution of India is
adopted and enacted by the people of India and they are the ultimate master of the
Republic.
 The Preamble to an Act sets out the main objectives which the legislation is intended
to achieve
 The Preamble to the Constitution of India is of extreme importance and it cannot be
amended under Article 368 of the Constitution.
 “LIBERTY, EQUALITY, FRATERNITY” which the Constitution seeks to secure for
the people of India are to serve the primary objective of ensuring social, economic and
political justice.
 The Preamble is the part of the Constitution.
 The Directive Principles, particularly Article 39(b) and (c) of the Indian Constitution
are charters of Social and economic liberties of the people.
 In S.R. Bommai v. Union of India the supreme court has held that secularism is the
basis feature of the Constitution.
 The right to vote for election to the House of the people and Legislative Assemblies of
States is available to the citizens only and they can become members of the Union and
State Legislatures.
 The Fundamental Rights enshrined in Part III of the Constitution has been described as
the Magna Carta of India.
 Article 358 provides that when the proclamation of emergency is made by the
President under Article 352 the freedoms guaranteed by Article 19 are automatically
suspended and would continue to be so for the period of emergency.
 Article 359 further empowers the President to suspend the right to move any Court for
the enforcement of rights conferred by Part III of the Constitution (except Articles 20
and 21) during the continuance of emergency.
 The 44th Amendment has abolished the right to property as a fundamental right as
guaranteed by Article 19(1)(f) and Article 31 of the Indian Constitution and hence
Article 19(1)(f) and Article 31 have been omitted.
 Article 13(1) is prospective in nature and not retrospective in effect.
 Article 14 to 18 of the Indian Constitution guarantee the right to equality to every
citizen of India.
 The Supreme Court held that “where Article 31-C comes in, Article 14 goes out.
 The Supreme Court has consistently taken the view that there can be no judicial
review of economic policy of the government unless there is violation of the
Constitution or any Act.
 Fundamental duties though not enforceable yet provide a valuable guide and aid to
interpretation of the constitutional and legal issues.
 The Court has held that no action can be initiated against the press if the publication
was based on public records including court records.
 A person can be deprived of his life and personal liberty if two conditions are
complied with, first, there must be a law and secondly, there must be a procedure
prescribed by that law, provided that the procedure is just, fair and reasonable.
 Compulsory blood test to determine paternity violates Article 21 of the Indian
Constitution.
 The Supreme Court has held that Non- Brahmins can be appointed as Pujari in
Temple.
 The Supreme Court has held that noise pollution in the name of religion is not
allowed.
 The traditional rule of locus standi has considerably relaxed in the case of Public
Interest Litigation.
 The powers of the Supreme Court for the protection of the Constitutional Rights of
citizens are of the widest amplitude.
 The Supreme Court has held that it is a paramount obligation of every member of
medical profession (Private or Government) to give medical aid to every injured
citizens brought for treatment immediately without waiting for procedural formalities
to be completed in order to avoid negligent death.
 Fundamental Rights are justifiable, Directive Principles are non- justifiable.
 The essence of the parliamentary type of Government is that the head of the State is
the Constitutional head and the real executive powers are vested in the Council of
Ministers.
 Every Bill passed by both Houses of Parliament is to be sent to the President for his
assent.
 A non- member can become a Minister.
 The Supreme Court has held that a person convicted of criminal offence and sentenced
to more than two years of imprisonment cannot be appointed as Chief Minister.
 Parliament of India consists of three organs. The President, the Council of States ( the
Rajya Sabha) and the House of the People ( the Lok Sabha).