CONSTITUTIONAL LAW PRACTICE Presented by, Mrs.Indu Mehta (M.A., IVth Semester, English Literature R.D.V.V.) Supervised by, Dr. Mohini Chakranarayan. (Dept. of English literature, R.D.V.V.)
CONSTITUTIONAL LAW:MEANING &DEFINITION Constitutional Law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.
CONSTITUTIONALLAW OF INDIA IS:- • Supreme Law of India • 448 Articles • 12 Schedules • 108 Amendments in less then 60 years since its enactment. • Total words in English version: 11,7369
PREAMBLE • The Preamble gives the overview of a particular act so we get an idea of what the act is all about. • In the Constitution the Preamble plays a very big role in understanding the provisions of the Constitution and thus constitutional laws.
EVOLUTION • Government of India act, 1935. Formation of Constituent Assembly headed by Dr. B.R. Ambedkar, comprising of :- • Committee on Fundamental rights. • Union Constitution Committee. • The Drafting committee
IMPLEMENTATION • Came into force on :- 26th January 1950. • Nature:- Handwritten. • Languages:- English and Hindi Constitution of India became the law of all the Indian lands.
Main branches forCreation, Interpretation & Enactment • Creation of Impartialof Law are: judiciary. • Creation of Democratic legislature • Creation of Accountable executive
BRANCHES OF LAW PRACTICE• Criminal law: Offenses against society or State such as Theft, murder, rape, extortion, arson, etc.• Real estate: Real estate disputes, property tax, transfer of property, Ownership of property etc.• Civil law: deeds, leases, will mortgages, agreements, contracts, power of attorney etc.• Tax law: Income-tax, wealth tax, gift tax, estate duty, capital gain tax etc.
BRANCHES OF LAW PRACTICE• International law: Against breach of internationally accepted set of rules on various affairs.• Labor law: Matters between employers and employees.• Copyright, IPR, Patenting etc.: Protection of intellectual property and art.• Miscellaneous: family law, constitutional law, corporate law, patents, excise law, customs and transportation.
Features of Constitutional Law• Supremacy of Republican and Democratic form of Government.• Federal Character of the Constitution.• Secular character of the Constitution.• Separation of Powers between the Legislature, the executive and the judiciary.• Fundamental Rights and Directive Principles.
CONSTITUTIONALLAW PRACTICE: WRITS:TOOLS • Habeas Corpus - Let us have the body. • Mandamus – We Command. • Quo-Warranto - By what warrant ?. • Prohibition - Stay Order. • Certiorari - To be Certified.
FILING A WRITPETITION • Under Article 226 of the Indian Constitution in the High Court. • Under Article 32 of the Indian Constitution in the Supreme Court. • Filed against violation of any legal right.
CONSTITUTIONAL LAW PRACTICE AS A CAREER• Job prospects: Very Good• Employment ratio to increase by 30% by 2018.• Annual Salary: 8 – 10 Lakhs• Perseverance, patience, detail orientation, analytical thinking, and good problem solving skills are essential characteristics.
CONCLUSION• Constitution is the supreme book of law in India.• Our constitution is complete and perfect.• It is the law which makes the government machinery work.• The laws enacted by the Constitution of India are binding upon all the citizens of India.