An overview of legal system

1. Legal System & Law
of
INDIA
Surya Prakash Saxena
B.Tech (Mech.), MBA, LLB, LLM

2. Contents
 Overview of Legal System
 Country
 People
 Government
 Constitution of India
 Preamble
 Division of Power/Principle of Power Separation
 Classification of Law
 Substantive Law
 Procedual Law
 Source of Law
 Custom
 Precedent
 Legislative

3. Overview
of
Legal System
(Municipal Law)

4. Overview...
 Country
– Country is made of following constituents
• Definite land area (Geography),
• People (Demography),
• Government, and
• It must have recognition.
– People
• Population of humans
• Corollary to this is for every human soul there has to be a State.
• Prevent the State from consolidation of power & thus preventing the arbitrary tendencies.
Eg. Rohingya Peoples.

5. Definite Land Area (Geography),
 Borders are geographic boundaries that can be divided into physical borders and political borders. It can be a real
or artificial line that separates geographic areas.
 Borders are, by definition, political boundaries, and they separate countries, states, provinces, counties, cities, and
towns.
 A boundary is the outer edge of a region or area of land. It shows where one area/region ends, and another begins.
This is a line, either real or imaginary, that separates geographical regions of the Earth.
 Natural boundaries are a recognizable geographic features, such as mountains, rivers or deserts. The different
types are:- Frontiers.- Rivers and lakes.- Maritime borders/oceans.- Mountains.- Tectonic plates.
 The different types of boundaries and borders in human geography are:- Linguistic boundaries.- Economic
boundaries.- Social boundaries.- Landscape borders.- Lines of Control (LoC).- Airspace borders.

6.  Government:
– Types of Government (who is the Political Head)
1. Monarchy
2. Republic.
– Form of Government (how the political power is divided)
1. Monarchy
2. Autocratic
3. Bureaucratic
4. Oligarchy
5. Democracy
6. Dictatorship
 Recognition of Country:
– By Neighboring Countries
– By United Nations
Overview...

7. Division of Political Power
Oligarchy
The Power is highly
CONSOLIDATED
Monarchy Democracy
The Power is highly
DILUATED
Highly
consolidated
power tends to
TYRANNY
Forms of Government

8. Separation of Power
 Two fundamental statements :-
– “The power tends to be abused” - by Montesquieu.
– “Power tends to corrupt, and absolute power corrupts absolutely” - by Lord Acton.
Outcome of these two fundamental statements is called Division/ Separation of Power of Government. This
separation will gives birth to different branches of government. Thus, there is check on the power of Government as
these branches counter act towards each other and power of Government checked.
 These arrangements are made in the Constitution of the State.
Generally, we divide the Government in the following three constituents, these .
– Executive,
– Legislature, and
– Judiciary.

9. Constitution
of
INDIA

10. Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth (26) day of November,
1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

11. Division of Power (EXECUTIVE)
“The President of India”
Article 52. There shall be a President of India.
53. (1) The executive power of the Union shall be vested in the President and shall be exercised by him
either directly or through officers subordinate to him in accordance with this Constitution.
 Function and Responsibilities of Executive
– To maintain law and order:- To bring tranquility in the State, prevent any wrong,
– Responsibility: - To provide the opportunities to each individual to live his life with fullest, so each
individual can add to betterment to self as well as to society as a whole
eg:- Minimum assure employment, RTI, food security are responsibility of Executive.

12. Division of Power (LEGISLATIVE)
“Constitution of Parliament”
Article 79. There shall be a Parliament for the Union which shall consist of the President and two Houses to
be known respectively as the Council of States and the House of the People.
 Functions of Legislature
– To make laws,
– To review laws,
– To amend laws
Note:- In Modern era laws made by legislature are of highest importance. (Question why? Because it is assumed that the law
makers are chosen by the peoples and these law makers know the common feelings and requirements of the people hence out
that demand they are making, amending these laws, so ignorance of law is not defense).

13. Division of Power (JUDICIARY)
“Establishment and constitution of Supreme Court.”
Article 124. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament
by law prescribes a larger number, of not more than seven2 other Judges.
 Functions of Judiciary
– It interprets the laws,
– Protector of Civil Rights,
– Decides the cases,
– Custodian of fundamental rights,
– Guardian of the Constitution,
– Decides the conflicts of jurisdiction between the Centre and State Governments in Federations,
– Advisory, &
– Miscellaneous functions.

14. Law
 Classification/Types of LAW:
– Substantive Law
– Procedural Law
 Sources of Law
– Custom,
– Precedent,
– Legislation.

15. Thank You