The document discusses why law should be studied and provides context around key legal concepts. It notes that there are three branches of government - the legislature that enacts laws, the executive that enforces laws, and the judiciary that adjudicates laws. It emphasizes that law is above all and everyone is subject to the rule of law. It also provides definitions of law from various legal scholars and thinkers, and discusses what is and is not included in the concept of law.

1. WHY STUDY LAW
 GOVERNMENT ORGAN (LEGISLATURE, EXECUTIVE AND JUDICIARY
– NEW ONE IS ADMINISTRATIVE ORGAN)
 LEGISLATURE – ENACT LAW (CREATE LAW)
 EXECUTIVE – ENFORCE LAW (ENSURE THAT LAW IS FOLLOWED)
 JUDICIARY – ADJUDICATE LAW (IN A DISPUTE, COURT INTERPRET LAW.
 LAW IS ABOVE ALL AND EVERYONE IS UNDER LAW (RULE OF LAW)

2. Three advices
1. Use appropriate definition/MEANING
2. Understand law
3. Avoid sense, common sense and nonsense –
use only legal sense first.

3. Appropriate meaning as defined and
accepted by law
1. As given in the Act
2. As given in the related Act
3. As given in the general clauses Act
4. As given in any court decisions
5. As defined by any legally recognised jurist
6. Black law dictionary
7. Normal dictionary
8. Google

4. WHAT IS LAW
Something that controls the
behaviour of people and action of
government

5. LAW STUDENT MUST KNOW - LAW
• predominantly a tool of social engineering (ROSCOE
POUND)
• “Law is a statement of the circumstances in which public
force will be brought to bear upon through courts.” Oliver
Wendell Holmes
• “A principle or rule of conduct so established as to
justify a prediction with reasonable certainty that it will
be enforced by the courts if its authority is challenged,
is a principle or rule of law.” Benjamin Nathan Cardozo

6. JOHN AUSTIN
 COMMAND OF THE SOVEREIGN
(SIMPLEST BUT MOST COMPLICATED)
 WHO IS SOVEREIGN?
“If a determinate human superior, not in the habit of
obedience to a like superior, receives habitual obedience,
from the bulk of a given society, that determinate human
superior is sovereign in that society, and that society
(including the superior) is a society political and
independent.”
BHAHUBALLI FILM

7. Law is a jealous mistress
Joseph story (US SC judge)
Both law and women need frequent companionship
If not , they will leave you.
As a lawyer, you should be in frequent
companionship with updated laws.

8. NOMENCLATURE

9. LAW INCLUDES THE FOLLOWING
1. LEGISLATION, ENACTMENT, STATUTE, ACT
2. CUSTOM/USUAGES/PRACTISES
3. JUDICIAL DECISIONS, PRECEDENTS, COURT MADE LAWS (except ratio
decedent and obiter dicta)
4. JURISTIC OPINION
5. RELIGIOUS PRINCIPLES OTHER THAN CUSTOMS AND PRACTISES
6. COMMAND OF THE SOVEREIGN (IN KINGDOMS AND DICTATORSHIP)
7. BY LAWS (PANCHAYATH DECISION)
8. ARTICLE OF ASSOCIATION & MEMORANDUM OF ASSOCIATION
9. CONTRATUAL CLAUSES (ADR CLAUSE OR GOVERNMENT TENDER)
10. GOVERNMENT ORDERS
11. ORDINANCES (ORDER, DECREE OR LAW BY GOVERNMENT WITH OUT THE
CONSENT OF LEGISLATURE)
12. REGULATIONS (CONTROL ON LIQUOR AND TOBACCO)
13. RULES AND PROCEDURES

10. WHAT IS NOT INCLUDED IN LAW
 POLICY
 POLICY OF A GOVERNMENT IS NOT PART OF LAW –
this is because many functions of government are
not known to public.
 Eg:- India space program or military need funds that
cannot be challenges based on the hunger, shelter
and other human right violations
 COURT HAS LESS POWER OVER POLICIES

11. CAN A NON STATE ACTOR CREATE LAW
YES - CONTRACTUAL CLAUSES (IN A CONTRACT IF ADR IS
FIXED AS DISPUTE SETTLEMENT PROCESS. THEN THE COURTS
DO NOT HAVE JURISDICTION
NON STATE CREATE LAW IN India – ASCI (NON STATUTORY, NON
GOVERNMENTAL, INDEPENDENT BODY) – THE CODE OF ASCI IS
APPLICABLE IN INDIA AND APPROVED BY SC AS APPLICABLE
LAW.

12. LAW AND JUSTICE
 LAW AND JUSTICE ARE TWO DIFFERENT TERMS
 LAW CANNOT GUARANTEE JUSTICE
 VIGILANTIBUS NON DORMEINTIBUS JURA SUBVENIENT – LAW
CAN ONLY ASSIST THOSE WHO ARE VIGILANT.
 IT WILL NOT PROTECT THOSE WHO SLEEP OVER THEIR
RIGHT

13. International law
 Law which regulate the action of a state
Why to learn international law?
 Municipal law may have derived from
international law (PUBLIC AND PRIVATE)

14. Indian constitution is an international
law
 Indian constitution has a nature of internation law (treat
are primary source of InternationaL law )
 treat or text signed by many states
 283 states has signed Indian constitution (Princely states )
 Unilateral agreement to constitution the territory into a
union of those 283 state which now forms part of 28 states
and 9 union territories

15. Example – Indian constitution
 Structure of legal text Indian constitution
 Part 1 – territory of India
 Part 2 - citizenship at the time of independence
 Part 3 etc – sovereign or government
 Last part – capacity to enter into relationship with other state.
 ELEMENTS OF STATE – TERRITORY, POPULATION, SOVEREIGN OR GOVERNMENT
AND CAPACITY TO ENTER INTO RELATION WITH OTHER STATES

16. FUNDAMENTAL RIGHT FROM UDHR
15 AUG 1947 – INDIA BECAME INDEPENDENT
29 AUG 1947 – DRAFT COMMITTEE FOR INDIAN CONSTITUTION
WAS APPOINTED
10 DEC 1948 – UDHR CAME INTO FORCE
26 JAN 1950 – INDIA DECLARED REPUBLIC

17. THANKS
BY
KANNAN KUNNATHULLY
ASSISTANT PROFESSOR