LEGAL APTITUDE · IPC - Indian Penal Code (1860) IEA - Indian Evidence Act (1872) CrPC - Code of...

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LEGAL APTITUDE

What is Law?

- Rules / Regulations / Principle

- Administration of Justice

- Recognized by State

System of rules which are recognized by a country to regulate actions of its citizens and it

may impose penalties on breaking law

Difference between Law and Rules

Law is made by government and is recognized and has to be followed by all

Rules can be made by anybody and people may or may not follow them

TERMS

Law - Administration of justice by certain rules

Civilization - Stage of human social development

Process by which society reaches on advanced stage

Judge - Person to decide on a case

Jury - Body of people who are judge

Juries - People or body dealing with law

Jurist - Expert in law/ Lawyer or judge

Jurisdiction - Legal power to make decisions and judgment


Jurisprudence - Theory and philosophy of law

- Indian Jurisprudence

- American Jurisprudence

Lawyer - General term for people who give legal advice

Advocate - Lawyer who practice law in court

Attorney - Lawyer who represent clients in court

Solicitor - Professional who provide legal advice to clients

Barrister - Advocate who practice in higher court

Litigation - The process of taking legal action

- A legal proceeding in court

Litigator - litigator is stereotype attorney

- Represent plaintiffs and defendants in court

- Manage all litigation process

Plaintiff - A person who brings case against defendant in

court (accuser)

Defendant - A person who is accused in court

- A person who defends itself from plaintiff in court

(accused)

Lawsuit - Claim or dispute brought by plaintiff against

defendant in court

- Lawsuit is filed by lawyer in court

- Lawsuit is case

Moot Court - Imaginary court for students to practice

Adjourn - Postpone resuming it later

Testify - Give evidence as a witness

Oath - A promise

Testimony - Evidence or proof of something

- False testimony or true testimony

Perjury - Crime of telling a lie under oath

- Crime of telling lie when promised to tell the truth


Tort - A wrongful act that results injury to another

person and the injured party in entitled to compensation

Guilty - Responsible of crime

Guilty of mind - Criminal intention or knowledge that on act is

wrong

Mens Rea - Person’s awareness that his action is wrong and has Guilty

mind then crime has taken place

Actus Reus - Criminal act which is a result of mens rea

Actus reus non facit reum nisi mens sit rea

- The act is not culpable unless the mind is guilty

Culpable - Deserving for blame of a crime

Murder - One person kills another person directly on the spot

Culpable Homicide - One person die because of another person

- directly or indirectly

- One person die because of another person on the spot or after some time

All murders are culpable homicide

But, all culpable homicides are not murders

Culpable Homicide amounting to murder

- One person die because of another person directly and on the spot or after some time


Culpable Homicide amounting to murder is Murder

Intention - Yes

Death - Yes

Degree of certainty of death - Most certain

Culpable Homicide not amounting to murder

- One person dies because of another person indirectly

Culpable Homicide not amounting to murder is not murder

Intention - Yes

Death - Yes

Degree of certainty of death - Not so much

Suspect - Person with a doubt of crime

Accused - Person who goes through trial

may found guilty for sure (or may not)

- Person proved in court to have committed

a crime (Charge for crime trial)

Convicted - person who goes through trial and proved

- may only (not) found guilty

(declare to be guilty) proved guilty by court

Acknowledgement - Acceptance of the official that the person

signing the document has signed by his own will

Adjournment - Postponement of court session


Adjudicate - To act as a judge and make a formal judgment

Doctrine - Legal doctrine is a framework, set of rules,

procedural steps in common law system through which

judgments can be determined in a case

Adjective Law - Procedural law which deals with procedure

Administrative Law - Related to government

Civil Law - Non criminal law

Depose - To testify or to give evidence under oath in

written statement

Contract - Agreement between two or more parties

Felony - A serious crime like rape, murder

Misdemeanor - A less serious crime like theft

It is a less serious crime than felony

Prime Facie - A case where on first look facts themselves

prove the case

Punitive Damages - Damages awarded more than compensatory damages to the

victim to punish the defendant

Statute - A written law passed by legislative body

Contempt - The offence of being disobedient or disrespectful to

person or authority

Contempt of court - Behavior that disobeys or disrespects the court


Prosecute - To conduct legal proceedings

International Law - Body of rules which governs and conduct the

relations of states (countries) with each other

LAW OF INDIA

Government - Diarchy

Union Government

State Government

Legislature - Bicameral

Lok Sabha & Rajya Sabha

Vidhan Sabha & Vidhan Parishad

Law

International law - Law between nations

Public International Law - Law between international organizations

Private International Law - law between private citizens of different

countries

National Law - Law applicable within the nation

Public National Law - Law between individuals and states

Private national Law - Law between individuals only

Public Law

Constitutional Law

Administrative Law

Criminal Law


Criminal Law

IPC - Indian Penal Code (1860)

IEA - Indian Evidence Act (1872)

CrPC - Code of criminal procedure (1973)

Criminal Law

IPC - 1860

IEA - 1872

CrPC - 1973

Private law

Civil Law

Family Law

Contract Law

Law of Torts

Civil Law

Civil Procedure Code - CPC (1908)

Contemporary Law

Latest Judgment or latest updates

Supreme Court Judgments

New laws enacted

New legal events

John Salmond - Judge of New Zealand

Salmond’s theory of law

- Body of principles recognized and applied by stats in administration of justice


Father of International Law - Hugo Grotius

Term International Law turned by - Jeremy Bentham

National Law - Law applicable within state

Legislature

Judiciary

Executive

Sources of Law

Legislation - main source of law (parliament)

Constitution - Constitution of India

Customs or usage - from behavior of people

Precedents - from earlier events or actions

Personal laws - from needs of particular persons

Substantive Law

- Determines how members of society are to behave

- Substantive law defines rights and responsibilities in civilian

- Substantive law defines crimes and punishments in criminal law

- Substantive law defines how facts in the case will be handled and how crime will be

charged

- Substantive law is related to facts of the case i.e. substance

Rights; Duties; Obligations; Facts of case (IPC)


Adjective Law

- Procedure of Case

- Adjective law is procedural law

- Process through which a case will go through

- Determines how a proceeding concerning enforcement of substantive law will occur

- Procedure of Case (CRPC)

Common Law System

- Supreme Court judgment or verdict is followed by all courts in India

- Decision on individual cases have effect on future cases

Civil Law system

- Laws made by parliament are applied on all citizens of India

- Primary source of law

Indian Penal Code - IPC(1860)

- Substantive law

- IPC - Criminal Code of India

Ranbir Penal Code - RPC

- Jammu & Kashmir

- IPC is not applicable in J & K under article 370


Fundamental Rights

- Rights given by constitution to every Indian citizen

- 6 Fundamental Rights

1) Right to equality

2) Right to freedom

3) Right against exploitation

4) Right to freedom of religion

5) Cultural and educational rights

6) Right to constitutional remedies

Article 32

- Right to approach Supreme Court against violation of fundamental rights

- Article 32 - Right to constitutional remedies

- Part 3 - Fundamental Rights

Note: Article 32 - Heart and soul of constitution

OR

Right to Constitutional Remedies - Heart and Soul (32)

JUDICIARY

Hierarchy of Judiciary in India

Supreme Court

High Court

District/Session Court

Judicial Magistrate (Class 1)

Judicial Magistrate (Class 2)


Supreme Court

1 - Supreme Court of India

Apex Court i.e. Highest Court

High Courts

24 - High Courts in India

Jurisdiction over state and union territory

Original Jurisdiction - Power of High Court to hear the case for the 1st time i.e.

original case

Civil Jurisdiction and Criminal Jurisdiction

Note: Jurisdiction - Power to make legal judgments

District / Session Courts

6 - District / Sessions Court in Delhi

District Courts and sessions courts are same

District Court - Civil matters (District Judge)

Sessions Court - Criminal matters (Sessions Judge)

Judicial Magistrate - First Class

Court of Judicial Magistrate of First Class

Criminal Court - 2nd

lowest in India

Judicial Magistrate (1st Class) - can’t pass sentence of imprisonment more than 3

years or fine more than Rs5000 or both


Judicial Magistrate - Second Class

Court of Judicial Magistrate of Second Class

Criminal Court - Lowest in India

Judicial Magistrate (2nd

Class) - can’t pass sentence of imprisonment more than 1

year or fine more than Rs5000 or both

Judicial Magistrate - Power to pass judgment on a case i.e. related to Judiciary

Executive Magistrate - Maintains law and order i.e. don’t have power on criminal

matters

Note: In India, there is integrated system of justice i.e.all the systems are combined

together in order to work as single system

Session - Criminal case

District - Civil case

IPC - Section 498A[Women (Special Power)]

Police cannot interfere in civil matters

Police can only interfere in criminal matters

Jurisdiction

- Power or authority of Judge to hear the case and try the case -

1) Original Jurisdiction

2) Appellate Jurisdiction

3) Advisory Jurisdiction

4) Writ Jurisdiction


Supreme Court has 4 Jurisdictions

1. Original Jurisdiction

- Original Jurisdiction means that certain cases can originate (appear) in Supreme Court

only

Centre vs. State

State vs. State

Violation of fundamental rights

2. Appellate Jurisdiction

- Appellate Jurisdiction means that appeals against judgments in lower courts can be made

in Supreme Court

- Supreme Court is highest court of appeal

Appeals in constitutional cases

Appeals in civil cases

Appeals in criminal cases

3. Advisory Jurisdiction

- Advisory Jurisdiction means that the president can seek the Supreme Courts advice on

legal matters

- Advisory Jurisdiction - Article 143

Supreme Court is a court of record

Court of record - common law system

i.e. A court whose proceeding are recorded and available as evidence of

fact in similar cases in future


4. Writ Jurisdictions

- Writ Jurisdiction means that Supreme Court can issue a writ in case of violation

fundamental rights

Article 32 - Supreme Court can issue writ in case of violation of fundamental rights

Note: Supreme Court has Jurisdiction in J & K also

High Court has larger Writ Jurisdiction than Supreme Court

TYPES OF WRIT

1. Mandamus - we command

To give order or issue a command

Mandamus is issued when public authority, public office does not perform its

duty or perform its duty illegally which results in violation of legal right of the

citizen

Mandamus is issued to command public authority or public officer to perform its

duty legally

Mandamus can’t be issued against President and Governor

2. Certiorari - To be certified

To Quash the order passed by judicial, quasi-judicial and tribunal authority

Certiorari is issued when judicial or quasi-judicial exceeds its jurisdictions or

incorrectly performs its jurisdiction

Order is Quashed


3. Prohibition - The act of stopping something

To prohibit judicial or quasi-judicial from proceeding a case whose it has no

jurisdiction to try the case

Prohibition is issued before the proceeding

4. Quo Warranto - What is your authority

To prevent a person from holding a public office to which he is not entitled

Quo warranto is issued to un-official or un-qualified person to remove him from

the seat or office which does not belong to him

Quo Warranto is issued to remove a person from holding public office which does

not belong to him

5. Habeas Corpus - You may have the body

To release a person who has been detained unlawfully whether in prison or

private custody

Habeas corpus is issued to produce body of citizen who is detained illegally and

wrongfully

Habeas corpus can be filed before court by any individual i.e. a petition

Habeas corpus is issued to physically produce the person before court whose

detention is questioned


Res Judicata is not applicable in Habeas corpus

Res Judicata - If a case of a person is decided in one court then he can’t go to another

court for same person and case

Res Judicata

- A matter that has been decided by a court then the same matter of same person cannot go

to another court

- If a dispute is decided between 2 parties in one court then same party cannot see another

party on same dispute in another court

Note - Res Judicata is not applicable in Habeas Corpus because, it is a matter of life

So, if a writ of Habeas corpus is not issued by High court to produce the person in court

who is unlawfully detained, then same petition by same person can be filled in another

court or supreme court to issue the writ of Habeas corpus because, it is the matter of life

Habeas Corpus - Present the victim to court

Habeas Corpus is not suspended during even emergency

Companies Act 2013

- Every company is a body-corporate but everybody - corporate is not a company because

it is not registered in companies Act

Person - animal; legal entity

Individual - human beings


International Law

- Law of nations

- Law of peace

Father of International Law - Hugo Grotius

International Law found by - Jeremy Bentham

Subjects of International Law

- States (Countries)

- International Organizations

- Individuals of different countries

Sources of International Law

1. International Conventions

Treaty, Agreement, Convents, fact

UN Charter

2. International customs as evidence of general practice accepted as law

Psychological Boundations

Pacta Sunt Servanda - Treaties signed must be respected

3. General principles recognized by civilized nations

4. Writings of highly qualified publicists or judicial decisions as secondary source

1; 2; 3 - Primary Source

5. Modern Sources

Security Council Resolutions (non-binding)


Note: International Law - International Court of Justice

National Law

Subjects of National Law

Persons - Natural and Artificial

Sources of national Law

1. Constitution of India

2. Legislature

Centre

State

3. Precedence

Common law system

4. Customs

A practice that is being followed by many

Uniformity

Psychological feeling that one is legally obliged to follow general practice

5. Personal Laws


Law of Sea

1. Territorial Waters - 12 nautical miles

Coastal States excursuses sovereignty over tutorial water

2. Contiguous Zone - 24 nautical miles

Apply law on customs, taxation, immigration, pollution

Hot Pursuit area

3. Exclusive Economic Zone (EFZ) - 200 nautical miles

Exploring, Exploiting, Conserving and Managing natural resources

Foreign nations have freedom of navigation and over flight

4. Continental Shelf - Between 200 and 350 nautical miles

Extra land in water

Right to extract minerals from continental shift

5. High Seas - Beyond all four above

Right of all the nations

Does not belong to particular anyone

1 Arvid Pado - Father of Law of Sea

Contributed to birth of modern law of sea

2 United Nations convention on Law of the Sea


3 Hot Pursuit

Exercised by Navy-warships or Military-aircrafts and ceases as soon as ship

enters tutorial water of another country

Continuous

Done by warship/aircrafts

Can’t enter territorial water i.e. sovereign area

Note: International Seabed Authority - ISA

United Nations

Effective - 24 October 1945

Foundational Treaty

Location - United States

Original member states – 51

Now - 193

United Nations Charter

# Preamble

2 Principal Parts

1 Maintenance of peace and security and international security and respect for human

rights

2 Governments of peoples for United Nations have agreed to charter it is the 1st

international document regarding human rights


Chapter 1 - Purposes and Principles

(1) Article1 - Purposes of United Nations

To maintain International peace and security

To develop friendly relations among nations

To achieve international co-operation in solving international problems

(2) Article 2 - Principles of United Nations

Principle of sovereign equality of all members

All members shall refrain in their international

Relations from threat or use of force against members

Members shall settle disputes by peaceful means

5 principal organs of United Nations

1. General Assembly

To maintain peace and security

To inform Security Council and receive report from security council

Budgeting (voting - 2/3 of majority)

2. Security Council

To maintain security

15 members - 10 non-permanent; 5 permanent

General Decision - 9 votes required

Veto Power - 5 votes of permanent members

3. Economic and Social Council

54 members

Function - Human Rights


4. International Court of Justice

Principal judicial organ of UN

15 members; quorum - 9 Judges

Term length - 9 years

The Hague, Netherlands

5. Trusteeship council

International peace and security on trust territories

Trust territories - Territories taken from nations defeated at end of

world war - 2

Trust Territories have now attained self-government or independence

Note: ICC - International Criminal Court

Non UN body

The Hague, Netherlands

War crimes

Genocide

Violation of Humanitarian laws

Supreme Court and High Court

Constitution of India

Constitution from the people of India, for the people of India

Union Judiciary

Supreme Court - Highest Court of appeal

Hierarchy - Integrated system of Judiciary

32 - Supreme Court

226 - High Court


Heart and soul of constitution - Article 32

Violation of fundamental rights

Supreme Court and High Court proceedings are conducted only in English

Supreme Court - 31(30+1) = Judges

Article 21 - Right to life

Article 141 - decree by SC shall be followed by all

Single Bench - 1 Judge

Divisional Bench - 1 or more Judges

Constitutional Bench - 5 or 6 Judges

Order - Given by court to do something

Decree - Decree is what court orders a party to do

Judgment - Reason given by judges as to why decree was given

Tribunal - Tribunal is any person or institution with authority to judge

claim, case or dispute

Lie outside hierarchy of courts

Tribunal Court

Efficient and Independent

Deal with matters requiring specialized knowledge

Provide speedy resolution of disputes

Difference between Court of Tribunal

Court work on IPC, IEA and CrPC

Tribunal work on Acts

eg. National Green Tribunal, Company Law Tribunal


SLP (Special Leave Petition)

SLP is filed to appeal in SC when injustice is given by HC

SLP is filed by a party to appeal in Supreme Court

against the judgment given by the High Court

Article 136

Power of the Supreme Court to may grant special leave to appeal in Supreme

Court after checking SLP by the party or the Supreme Court may not grant special

leave to appeal

Certificate of Appeal - Certificate of Appeal given by High Court to appeal in

Supreme Court when question of Law is involved

Question of Law – (Substantial Question of Law) : It is a certificate given by

High Court to the party to appeal to Supreme Court where itself cannot decide the

case

So, substantial question of Law is decided by the Supreme Court i.e. highest court

in India

Substantial question of Law - Article 134A

(Certificate to move from High Court to Supreme Court)

PIL - Public Interest Litigation

For social justice

For public benefit

PIL is for non-profit and for interest of public


PIL is a type of a writ

But, PIL is filed for public interest and writ is filed for self interest

PIL is filed by an individual for the interest of public

PIL is writ

All writs are not PIL

Petition

- A petition is filed seeking issuance of a write from High Court or Supreme Court

- Petition is signed by many people

Executive Head in India - President

Real Executive Head in India - Prime Minister

Note: Prime Minister - Government Head

Notwithstanding - in spite of; Despite; Regardless

Article 131-Original Jurisdiction of Supreme Court

Only Supreme Court has powers to try some cases

Between Government of India and State

Between two or, more states

Note: Article 131 - Original Jurisdiction of Supreme Court

Article 143 - Advisory Jurisdiction


Power of President to consult Supreme Court

Court of Record - Proceedings are recorded and used as facts for next similar cases

Note: Supreme Court (only) and (not) High Court - Court of Record

i.e. evidence of one case is of value for next similar case

Article 129 - Supreme Court is court of record

Article 137 - Review of Judgment or order by Supreme Court

Article 141 - Law declared by Supreme Court is binding on all courts

Collegium System

Process through transfer and appointment of Judges takes place

Decision is taken by a Collegium

Collegium (related to Supreme Court)

CJI + 4 senior most Judges of Supreme Court

Collegium (related to High Court)

CJI + 4 senior most Judges of Supreme Court + 3 members of concerned High

Court (including Chief Justice of High Court)

NJAC (National Judicial Appointments Commission)

Responsible for, appointment and transfer of Judges

99th

Amendment - NJAC Act

NJAC would consist of - CJI (Chairperson - Ex Officio); 2 SC Judges; Law

Minister; 2 Persons

NJAC (National Judicial Appointments Commission)

Responsible for appointment and transfer of Judges


99th

Amendment - NJAC Act (Constitution)

Passed by Lok Sabha and Rajya Sabha

Note: NJAC is cancelled

Collegium system replace NJAC

Collegium will appoint and transfer judges and not NJAC

NJAC was cancelled on 2015

Collegium system started again

Collegium system is transfer and appointment of Judges


Qualification to become Supreme Court Judge

1. 5 years Judge in High Court

2. 10 years advocate in High Court

3. Or, Distinguished Jurist in eyes of President

Appointing authority of Judge - Removing authority

Writ Jurisdiction - Only Jurisdiction where High Court is more powerful than

Supreme Court

Article 226 - Power of HC to issue writs

Note: Writ - extraordinary judgment in extraordinary situations

Qualification to become High Court Judge

1. 5 years of Judge in District/Session Court

2. 10 years of advocate in District/Session Court

Note: Leila Seth - 1st Woman chief - Justice of High Court

Maximum age for HC Judge - 62 years

Maximum age for SC Judge - 65 years

Article 227 - Power of superintendence over all courts by High Court

High Court of a state has superintendence over all district/session courts and tribunal

within the state

High Court has provisional jurisdiction

High Court does not have appellate jurisdiction


Note: Appellate - To appeal for error in jurisdiction

Article 32 - Heart and soul of constitution

Protection against violation of fundamental rights


395 Articles

22 Parts

12 Schedules

GST ( Goods and Service tax)

Chairman of GST Council - Arun Jaitley

Difference between order, Decree, Judgment

Order - Given by court to do something

(No 2nd

appeal)

Decree - Rights and obligations determined by a winning party

(2nd

Appeal is allowed)

Judgment - Reason given by Judges to why decree was given

Note: High Court and Supreme Court are body-corporate so, they can buy property on

their name


CRIMINAL LAW

Elements of Crime

Human Being

Mens Rea - state of mind

Actus Reus - act of doing something

Injury

1. Human Being

Living Human being

2. Mens Rea

Intention; Knowledge; Awareness; Dishonest; Negligence; Fraudulent; Rashness; Reason

to believe

3. Actus Reus

Act; Series of Act; Omission (not doing something which you are supposed to do)

4. Injury

Body; Mind; Property; Human-Being

Section 375 - Rape

Section 376 (1) - Rape

Section 376(2) - Rape


Section 376 - Punishment for Rape

Section 376A - Death by Rape

Section 376B - Rape by husband during separation

Section 376C - Rape by person in authority

Section 376D - Gang Rape

Section 376E - Rape by repeat offenders

Section 509 - word, gesture or act intended to insult the

modesty of a woman

RIGHTS

Fundamental Rights

Constitutional Rights

Legal Rights

Article 32 - Violation of Fundamental Rights (Supreme Court)

Article 226 - Violation of Constitutional Rights (High Courts)

Note: All Fundamental Rights are Constitution Rights but, all Constitutional Rights are

not Fundamental Rights

Legal Rights - Specific rights given by acts

(arms act, patent act, etc)

Article 13 - Laws inconsistent with or in derogation of the

fundamental rights


No law shall be made to take away fundamental rights for the citizens

Fundamental Rights - from USA

Fundamental Duties - from Russia

Article 14 - Equality before Law

Article 14 permits reasonable classification because all persons are not similarly situated

However, it prohibits class legislation

Article 14 - Equality before law &

Equal protection of law

No discrimination on grounds of religion, race, caste, six, place of birth

Equality before law - No one is above the law

No discrimination on basis of birth, position, gender or personal attributes

i.e. everyone is equal in eyes of law

No discrimination and everyone is equal before law

Equal Protection of Law - Equal opportunities by law

Equal opportunities provided by law to all those who are in similar positions

i.e. Because all persons are not in same position or situations law can treat different

persons differently


Note: Court decides whether Equality before Law or Equal Protection of Law is applied

Equality before Law - Everyone is equal before law and no

discrimination on basis of gender, cast, etc

Equal protection of Law - Everyone is treated fairly Rich people and

poor people are treated accordingly

Equality before Law - Negative discrimination

Equal Protection of Law - Positive discrimination

Article 16 - No discrimination in public employment

Article 19 - Freedom of speech

Article 20 - protection in respect of conviction of offences

Article 21 - Protection of life and personal liberty

Article 20 and Article 21

Article 20 and Article 21 can’t be suspended during even emergency

Article 22 - Protection against arrest and detention in certain cases


Article 21(A) - Right to Education

(Compulsory education of children from age 6-14)

Article 21 - Protection of life and personal property

Article 21 - Right to life (Human Dignity)

Adultery - Sexual intercourse between a married person and

a person who is not their spouse

Adultery - Women have more power than men in case of

adultery

Section 25 (Indian Evidence Act)

Confession or statement to police officer not valid in court

Section 26 (Indian Evidence Act)

Confession or statement by accused in public custody is not valid against him in court

or cannot be proved against him

Section 25 and Section 26 (Indian Evidence Act (1872))

Statement given in Police Station is not valid in court


Section 27 (Indian Evidence Act (1872))

Statement given in Police Station is valid in court provided a fact in relation with the

statement is discovered and proved

Preventive Detention Arrest

- Preventive Detention arrest is done beforehand to prevent possible commitment of crime

It is done on grounds of suspicion that some wrong action or some crime may be done by

the person concerned

Punitive Detention Arrest - Punitive Detention Arrest is done for

already committed crime

Note:

Secularism - Equal treatment of all religions in India

Secularism - No religion preference

Governance of State (state i.e. country)

Article 39A - Equal justice and free legal aid to all

Article 44 - Uniform civil code for citizens

Article 48A - Protection and improvement of

environment

Article 50 - Separation of Judiciary from

executive

Article 51 - Promotion of International Peace &

Security

Article 51A - Fundamental Duties


How Bill becomes a law

Bill is an idea which is proposed in the parliament for discussions on it to make it a law

Bill is a draft of the proposed law

Type of Bills

1 Government Bill - Proposed by a Minister

(i.e. Minister of current government)

2 Private Member Bill - Proposed by Non-Minister or any

Member of Parliament

3 Money Bill - Proposed in Lok Sahba only

4 Non Money Bill - Proposed by Minister or Member of

Parliament in either House

Note: None Money Bill - Ordinary Bill or Constitutional

Amendment Bill

Even before introduction of Bill in Parliament, there may be lot of debate on introduction

of Bill


How Bill Become a law

1. Draft of bill is prepared

2. Discussion takes place about the bill in the Parliament

3. Committees are formed for discussion and recommendation on the bill that is given to the

House

Committees are known as Miniature Legislatures

4. Voting on the bill in the House takes place

5. After the Bill is passed in one House, it is sent to the other House where same procedure

is followed

6. When a bill is passed in both Houses, it is sent to the President

President signs the bill and it becomes a law

Jan Lokpal Bill

Draft of anti-corruption bill

Lokpal

An independent body that would investigate corruption cases, complete the investigation

within one year and do trial of case to finish over in next one year

‘Lokpal’ coined by - Singhvi

Lokpal and Lokayuktas Act, 2013

Lokpal Act

Anti - Corruption act of Indian Parliament

Lokpal - Anti Corruption at Centre

Lokayuktas - Anti Corruption at State


Note: Jan Lokpal Bill proposes to improvement to Lokpal and Lokayuktas

IAC - Indian Against Corruption (2011)

By Anna Hazare

IAC - Anti Corruption Movement in India

Difference between Minister and Member of Parliament

All Ministers are Member of Parliament but all Member of Parliament are not Minister

Ministers are Member of parliament from ruling party who are selected by Prime

Minister to run various department of government

Amendments

42nd

Amendment - Fundamental Duties

44th

Amendment - Right to Property

73rd

Amendment - Introduction of election in Panchayats

99th

Amendment - National Judicial Appointments

Commission (NJAC)

101st Amendment - Goods and Services Tax (GST)


RULES OF LAW

(Country) state is not governed by a ruler or elected representatives of the people but

by the law constitution is the supreme power in India

Legislative and Executive derive authority from the constitution But, nobody is above

the constitution or law India is governed by rule of law

Article 14 - Equality before law

Article 14 - Rule of law

Article 39A - Equal Justice and true legal Aid

Article 44 - Uniform Civil Code for citizens

Article 123 - Power of President to promulgate ordinances

during recess of Parliament

Article 52 - President of India

Article 72 - Power of President to grant pardons

Article 74 - Council of Ministers to aid and advise president

Article 124 - Establishment of Supreme Court

Article 123 - NJAC

Article 60 - Oath of President

Article 69 - Oath by Vice President


Schedule 3 ( Oath by )

Ministers

MP and MLA

Judges

CAG

Everyone except president and Vice President


Post Salary Appointed/Elected

by

Oath

Administration

Resignation To

President 1,50,000 Electoral College

Consisting of MP’s

& MLA’s

CJI or Senior-most

SC Judge

Vice President *

Impeachment (only

MP’s)

Vice President 1,25,000 Electoral College

Consisting of MP’s

President President

Ministers President President only

Supreme Court

Judge

90,000 President

(Collegium)

President/on his

behalf

president (65 years)

High Court

Judge

80,000 President

(recommendation)

Governor/on his

behalf

President (62 years)

CAG 90,000 President President President (6 years or

65 years)

CJI 1,00,000 President President/parliament President/Parliament

Governor 1,10,000 President Chief Justice of

High Court

President

Chief Election

Commissioner

90,000 President (6 years

or 65)

No Oath President

Attorney

General

President No Oath President


4th

Pillar of State - Press and Media

Vice president

Chairman of Rajya Sabha

President in absence of President

Parliament

President

Council of States

House of people

Council of States - Rajya Sabha (Upper House)

Total - 250

238 - Elected by MLA’s of each state

12 - Elected by President (Science, Art, Literature, etc)

House of People - Lok Sabha (Lower House)

Total - 552

2 - Anglo Indians (Relating to both UK and India)

Attorney General - Public Prosecutor representing Govt. of India

Attorney General - Defend Union of India

Schedule 10

Disqualification on ground of defection

Antidefection

Winners or elected candidates can’t change political party


Bicameral - Lok Sabha & Rajya Sabha

Federal - Centre & State

Preamble - Part of the constitution

Article 61 - Impeachment of President

Article 74 - Council of Minister to aid and advise President

Article 72 - Power of President to grant pardons

Article 123 - Ordinance by President during recess

Article 213 - Ordinance by Governor during recess

Article 124 - Establishment of Supreme Court

Article 143 - Power of President to consult Supreme Court

Article 141 - Law declared by SC binding on all courts

Article 124 - Appointment of SC Judges

Article 143 - Advisory Jurisdiction

Article 141 - SC Judgment are binding on all courts

Article 136 - Special Leave to appeal by SC

Article 137 - Review of Judgments by SC

Article 361 - Protection of President and Governor

Article 368 - Power of Parliament to amend the constitution


Hierarchy

Supreme Court - Apex Court

High Court - State Level

Subordinate courts and Tribunals

Subordinate Court - Judicial Officers only

Tribunals - Judicial Officers and expert on specific matters

(other members)

Tribunals - Special courts for specific matters

Taxation Tribunal, Cyber Crime Tribunal

If the matter is not solved in Tribunal, case goes to High Court

Preamble

S - Sovereign

S - Socialist

S - Secular

D - Democratic

R - Republic

Constitutionalism

To follow the constitution

People appointed by president for statutory post

CVC - Central Vigilance commissioner

Lokpal - Anti Corruption Authority

Ambassador - Representative of a Country

Vice Chancellor of Central University


Statutory Post

Not mentioned in the Constitution

Mentioned in Acts

FUNCTIONS OF PRESIDENT

Executive

Chief commander of Defense Forces

Appointment of constitutional posts

Oaths

Removal

All other executive function

Legislature

Article 123 - Power of President for ordinance during

recess

Judiciary

Article 72 - power of president to grant pardons

Article 74 - Council of Ministers to aid and advise the President

President

Article 74 – Aid and Advise of Council of Ministers

(Cabinet Ministers; Union Ministers)


Contract

Legal agreement between 2 or more parties that is enforceable by law

Terms

1. Pardon - forgiveness (or merit basis)

2. Reprieve - to give relief or to suspend

3. Respite - Postpone (on mercy)

4. Remission - to reduce punishment reduction of sentence

5. Commutation - When sentence is changed from one form to another

Note: President - On aid and advice of Council of Ministers (Home Ministry)

Article 14 - Article 18

Rule of law : From UK

Administrative Law

Administrative law governs the activities of administrative agencies of the

government

Administrative Law - Branch of Public law

Principles of Natural Justice (unbiased)

1. Nemo Esse Judex in Propria Causa - Nobody can be a judge in his own case

2. Audi Alteram Partem - Nobody should be condemned unheard

3. Speaking order in most - Order is always written and reasonable

Sources of Constitution

Government of India Act, 1919

Government of India Act, 1935



Diarchy - Dual Government (Central Govt. and State Govt.)

Bicameral - 2 Houses (Lok Sabha & Rajya Sabha)

Preamble - Blueprint of our constitution (From USA)

Fundamental Rights - Human Rights (6)

Fundamental Duties - Article 51A (11)


Judiciary & Executive - USA

Rule of Law - UK

Preamble - USA

Parliamentary System - UK

Amendment of Constitution - South Africa

Emergency Provisions - Germany

Directive Principles - Ireland

APPOINTMENT OF JUDGES

1981 - Primary of Executive

SP Gupta vs. Union of India

Supreme Court gave primary to president in appointment of Judges

1987 - Law Commission presented 121st Report

New forum for judicial appointments

1993 - Collegium System

Advocate on Record Association vs. Union of India

Collegium + President - Appointment of SC Judges

Collegium = CJI + 4 Senior-most Judges


1999 - Consultation with plurality of Judges

Collgium = 4 ; 4 - 2 agree & 2 disagree

CJI will not recommend the name to President

2002 - NJAC

NJAC - National Judicial Appointments Commission

Function - Appointment of Judges

2014 - NJAC established

99th

Amendment - NJAC established

2014 Act, NJAC established

2015 - NJAC Closed

After NJAC Closed - Collegium system resumed

Collegium system - Appointment of Judges

Jurisdiction of SC is less than HC

Jurisdiction - Authority

Jurisdiction (Authority)

Territorial

Subject matter - Original; Appellate; Review; Advisory

Pecuniary - Relating to money


Note: Parliament can enlarge jurisdiction of Supreme Court by making a law

Supreme Court’s - Appellate Jurisdiction

Appeal to Supreme Court

Substantial Case - Case involves substantial question of law

Civil Case

Criminal Case

In any case - SPL (Special Leave to appeal)

Qualification of SC Judge - Article 124(3)

Jurisprudence - Knowledge of Law

Jurist - Expert in Law

(Jurist is recognized & distinguished)

Removal of Judges

Grounds - Proved misbehavior or incapacity

Process

Address to remove Judge is passed by each house of parliament

Address is supported by special majority i.e. majority of the total membership of that

House of majority of not less than two-thinks of the members of that house present

and voting

Address for removal of Judge of presented to President, and President removes the

Judge


Article 124 (5)

Procedure for presentation of an address and for investigation and proof of misbehavior

or incapacity of Judge


Writ

A formal, written order issued by the court, which is to be obeyed by the

individual/authority to whom it is address

Supreme Court issued write for the enforcement of fundamental rights

PIL - Public Interest Litigation

None-profit and for public benefit

A writ PIL is filed by an individual in the interest of public

PIL is a writ But, all writs are not PIL

Petition

Petition is signed by many

A petition seeking issuance of a writ is known as writ petition

Article 20 - Protection in respect for conviction for offences

Article 20 protect right of people accused of crime

Article 20 is a fundamental right which can be suspended even during emergency under

article 359

Article 22 - Protection against arrest and detention in certain

cases


JUDICIARY

Article 125 - Salaries, etc of Judges

Article 125 - Once a Judge is appointed, salaries and

perks can’t be reduced

Article 124 (7 ) - No person who has held office as Judge of

Supreme Court shall act in any court or before any

authority within territory of India

SC Judge - 65 years

HC Judge - 62 years

Article 129 - Supreme Court is Court of Record,

Article 124A - NJAC (Removed)

Article 220 - Restriction on practice after becoming a

Permanent Judge

Article 217(3) - Question raised about age of Judge of High

shall be decided by the President


Writs

Constitutional Remedy - Violation of Fundamental Rights

Command

Prerogative - Habeas corpus; certiorari,

Mandamus; Quo Warranto; Prohibition

Article 32 - Issued for Fundamental Rights

(Supreme Court)

Article 226 - Issue for Fundamental and legal rights

(High Court)

Mandamus

To give order or issue a command to individual or authority when an individual or

authority does not perform its function or illegally performs it

Certiorari

Issue to judicial and quasi - judicial authority when it exceeds its jurisdiction

Prohibition

Issued to judicial and quasi-judicial authority prohibit its wrong proceeding from taking

place

Quo Warranto

To stop illegal selection of candidates

Habeas Corpus

For missing people to produce the body of citizen when court orders it

Res Judicata is not applicable here


Note: If High Court rejects petition - cannot approach Supreme Court for writs

If a person approach High Court under Article 226, then for the same case that person

cannot approach Supreme Court under Article 32

Res Judicata

If a dispute is decided between 2 parties then same party cannot sue another party on

same dispute in another court

President

Executive Power

Head of defense

Appointment of power to executive members

Sign international treaty

Legislative Powers

Supervisory power

Can order for joint session of Parliament

Financial powers - all money matters are with President

Judicial Powers

Appointment of Judges

Appointment of CJI

Disqualification of Member of Parliament is done by President


Indian Parliament

President

House of People - Lok Sabha

Council of States - Rajya Sabha

House of People - Lok Sabha

Total - 552

States - 530

Union Territories - 20

Anglo Indian - 2

Session of Parliament

Budge Session - February to May

Monsoon Session - July to August

Winter Session - November to December

Note: President - president is a part of Parliament But, not the members of Parliament

No disqualification for president and Vice-President

Control of Parliament - President


Lok Sabha - Lower House

Speaker - Elected by Member of Lok Sabha

Deputy Speaker - Elected

Speaker is impartial after appointment

Rajya Sabha - Upper House

Chairman - Ex Officio

Deputy Chairman - Elected

Chairman is ex officio i.e. Vice President

1st Session of Parliament - Budget Session

1st Session - Lok Sabha (February to May)

President attends 1st Session or Session immediately after election

Note: Oath of President - To protect the constitution of India

Appointment and removal of chairman of Rajya Sabha (Vice President) is different from

rest members of Rajya Sabha and Lok Sabha


Article 74 - President acts on aid and advice of Council of Ministers

Qualification of Member of Parliament

30 years of age for Rajya Sabha

25 years of age for Lok Sabha

Representation of People’s act, 1951

Rules and Regulations to conduct elections

Statutory

Disqualifications of Member of parliament

Candidate for MP cannot hold office of profit before and after elections

Disqualification of Member of Parliament

Constitutional - Article 102

Statutory - Representation of People’s act, 1951

Defection - 10th

Schedule

Lok Sabha - No leader of opposition in Lok Sabha

Because, no opposition with more than 10% seats in Lok Sabha

Rajya Sabha - Ghulam Nabi Azad

Leader of opposition in Rajya Sabha


Lokpal - Anti Corruption Authority

Lokpal and Lokayuktas Act, 2013

NITI aayog - Replaced - Planning Commission

NITI Aayog - National Institution for Transforming India

Function - To transform India through participation of state

governments and central government together

Chairman - Prime Minister (Ex officio)

Disqualification of MP’s

Done by President on advice of Election Commission

Privileges of MP’s

Freedom of speech in Parliament

No action can be taken in court against MP on his speech or debate in parliament during

discussion

Election Petition

Filed before High Court of Particular state

Election Petition is filled after disqualified

candidate is elected with majority

Note: Disputes related to election of President & Vice-President are solved in Supreme

Court


Functions of the Parliament

1. Legislation - Bill becomes Act in Parliament

2. Deliberation & Discussions - Discussions amongst MP’s for Public Importance

3. Control of Executive - Executive is responsible to Parliament

4. Control of Public Finance

5. Removal of High Official

6. Amendment to the constitution

Legislative Process of Parliament

Bill becomes Law in Parliament

Bill becomes Law in 3 stages

Committee

Committee is formed in Parliament in either House of the Parliament to discuss bills

1. Standing Committee

Permanent

2. Select Committee

Interim or Temporary

Found for a particular purpose


3. Committee Estimates

Formed to estimate how to spend budget

Committee Estimates - Largest committee in Parliament

Joint Session

Session of both Lok Sabha & Rajya Sabha together

Called by only President

Chairman of Joint Session - Speaker of Lok Sabha

Assent of President

President can send the bill back for revision only once and after he has sign it only

Can’t send it again for revision

Note: Guardian of Constitution - Supreme Court

Legislative process of Parliament

To make a bill into act i.e. Law

Types of Bills

1. Ordinary Bills - Statutory Matters & Constitutional Matters

2. Money Bills

3. Finance Bills - Money Matters & Other Matters


Money Bill & Finance Bill

Can’t be introduced in Rajya Sabha

Only introduced in Lok Sabha

Decision of Speaker of Lok Sabha is final whether it is a money bill or not

Money Bills

Regulation of taxes

Regulation of borrowing money

Expenditure of money by government

Note: Consolidated Fund of India - Money in reserve of Government of India

Annual Financial Statement

Laid down before both houses

Presented by – President

Presented in - Lok Sabha

Budget is presented by Finance Minister in Lok Sabha

Expenditure from consolidated Fund of India

1. Charged Expenditure

Salary for President, Salary for CJI etc

No voting is done for charged expenditure

2. Other Expenditure

To spend permission is taken from President

Consolidated Fund of India

Consists of -

Revenues received by Government of India

All the loans taken by Government


Appropriation Bill

1 Money Bill

Authorizes the government to spend money

2 Finance Bill

Changes to taxes, duties, etc

Article 368 - Power of Parliament to amend the constitution

GST

Amendment 122 (Bill) - Draft

Amendment 101 (Bill becomes Act) - Passed in Parliament

Executive Power

Other than Legislative Power & Judicial Power

Executive Powers - Prime Minister (Government)

Kesavananda Bharati Case

Kesavananda Bharati vs. State of Kerala

Article 368 - Power of Parliament to amend Constitution

Kesavananda Bharati Case

Basic structure doctrine limits the power of Parliament that fundamental parts of our

constitutions cannot be amended

i.e. parliament cannot amend basic structure of our constitution


Basic Structure Doctrine - It is a principle that constitution of India in certain basic

features that cannot be altered or destroyed through amendments by the Parliament

Basic structure Doctrine was established in Kesavananda Bharati Case

India - Largest democracy in the world

Supreme Court - Most powerful in India

Note: Justice, Equity and good conscience

Muslim Law

Primary Sources

Quran - Holy Book

Hadith - Collection of sayings of prophet Muhammad

Whatever Prophet Muhammad practiced is written in

Hadith and Muslims follow it

Secondary Sources

Legislation - Personal; Secular

Polygamy - Practice of having more than one wife or husband

at the same time

Bigamy - Crime or offence of marrying someone while

already married to another person


Polyandry - Woman has more than one husband

Triple Talaq - Man says ‘Talaq’ world 3 times to divorce here

wife

Polygamy - Shayara Bano vs. Union of India (2017)

(Pending in Supreme Court)

Triple Talaq - Bhartiya Muslim Mahila Andolan

(High Court of Allahabad)

Note: Polygamy - Allowed in Muslim law

Polyandry - Not allowed in Muslim Law

Nikah - A Muslim Marriage (Arabic word)

Conditions / Essentials of Muslim Marriage

1. Parties must be competent

By age and by soundness of mind

2. There must be an offer by a Party i.e. IJAB and offer must be accepted by other party

i.e. Qubul in the same meeting

(not necessarily in the same place eg. on internet)

3. Acceptance must be free consent of the parties

4. Both the parties must be muslim


Shia & Sunni

Shia - Muslim can only marry muslim

Sunni - Muslim man can marry non-muslim woman

Woman - Kitabia (Jesus/Christians only who believe in

divine book)

Note: Shia - witness not required for marriage

- 2 witnesses are required at time of divorce

Note: Sunni - 2 witnesses are required for marriage

- witness not required for divorce

Muslim man can marry 4 women

Muslim man can have 4 wives at one time

Sharia Law - Islamic Law / Muslim Law

Also known as - Shariat

Prophet Muhammad

Born in Mecca (Holy City)

Born in Mecca and Died in Medina

Resting place of Muhammad - Medina


Dower - Mehr

Specified

Proper

CrPC 125

Order for maintenance of Wives, Children and Parents

Danial Latifi vs. Union of India

Reasonable maintenance of woman during iddat and after iddat period for her survival

Mehr - Paid by groom to bride

Payment in the form of money or possession paid or promised to be paid by the groom to

the bride at the time of marriage

Mehr is written in the document which is signed during marriage

Note: Dower - English translation of Mehr

Purposes of Mehr

As a mark of respect for the bride

For her maintenance in case of death of husband or divorce

To prevent pronouncement of Talaq by husband

Iddat - waiting period by woman for 4 months 10 days

Waiting period after death of husband or divorce during which she may not marry

another man

4 months 10 days


Note: Mehr is paid during marriage or Iddat

Mehr is paid during Iddat, after divorce or death of husband

Mehr is paid for a lifetime or a reasonable amount to woman for her survival


Lok Sabha

Popular House

Member of Lok Sabha are chosen directly by people

1st Lok Sabha - 1952

1st Session of Lok Sabha - 1952

1st polling of votes - 1951

1st election – 1951

1st speaker of Lok Sabha – Mavalankar

No confidence motion/ Motion of no-confidence

A statement or vote that thou are no political party in the majority so nobody is fit to hold

a position of responsible government

Dissolve of Lok Sabha

Dissolution of Lok Sabha

1975 - Emergency

For - 21 months

By - Indira Gandhi

Reason - Social, Economic and Political crisis

Quorum

minimum number of number to be present to conduct the assembly of the House to

discuss the business or any issue in the House

At least 1/10 of total numbers must be present in the House to constitute a meeting

Article 100 (3) - Quorum of House


Joint Session

Called by - President

Chairperson - Speaker of Lok Sabha

Note:

President - Can’t vote in Join Session

Speaker of Lok Sabha - Vote to break the tie

Joint Session

Except money bill & Constitution Bill for Amendment, other bills can be introduced in

Joint Session

Functions of Joint Session -

To break the tie

When one house pass the bill and other house rejects the bill

For mutual changes in the bill

To solve disagreement on Amendments

2/ 6 months have been elapsed and other house has not passed the bill

Note: Last Joint Session of Parliament - 2002 (3rd

)

Prevention of Terrorism Act, 2002


Adjournment - Postponement (Temporary or Permanent)

Sine Die - Termination of House without next date to

resume being given

Prorogation - To end session of Parliament by another

made by the President

Dissolution - End of Life of Lok Sabha

Note: Adjournment is temporary & Prorogation is permanent to end session of

Parliament

Question Hour - 1st hour before every sitting of House is

available for asking and answering questions

Question Hour - 11am to 12pm (1 Hour)

President attends session

1st day of 1

st session every year

1st day of 1

st session of newly elected government

Parliamentary Question - Used by Members of Parliament to ensure

Government is accountable to parliament for

matters of Public Importance

Calling Attention - Member of parliament can take permission

of speaker to call the attention of a Minister to

matter of urgent Public importance

Motion - A formal proposal to do something


Motion is filled in any House of parliament to discuss a matter

Adjournment Motion - To set aside normal matter to discuss urgent matter

No confidence motion - Statement that no party is in majority and position

of government to fulfill its responsibility is unfit

Zero Hour - Zero Hours is the time immediately followed by

Question Hour

Zero Hour start at 12pm

It starts discussion of Business in the House

PARLIAMENTARY COMMITTEES

Ad-hoc Committee

Temporary

Special matters

Select Committee - for particular house

Joint Committee - Common to both houses

Standing Committee

Permanent

General Matters


Estimates Committee

36 members of Lok Sabha in Estimates Committee

Largest committee of Parliament - Estimates Committee

Function

To regulate functions of Ministers

Note - Minister is never a member of standing committee

Public Accounts Committee

15 members from Lok Sabha; 7 members from Rajya Sabha

Leader - Member of opposition

Function

To oversee finances of the country and review audit reports, appropriations from

consolidated fund of India

Part 3 - Fundamental Rights

Article 12 - Definition

State

government

Legislature / Parliament

Local Authority - Municipalities; Panchayats

Any Authority - Public Sector Undertakings

Nationalized Banks; Government Companies

Sports Authority of India

Airport Authority of India


Note : BCCI - Private Body

Article 13 - Laws inconsistent that void fundamental rights of a citizen

No Valid law can be unconstitutional in India

Article 14 - Equality before law or equal protection of

law

- No law can be arbitrary or unreasonable

Dicey’s concept of Rule of law

(i) Law is supreme - No person is above law

(ii) Equal subjection of all classes (equality before law)

(iii) Protection of personal liberties

Equality before law

Equals should be treated equally

Unequal’s can’t be treated equally

There should be reasonable classification

Equality before Law - (-ve)

Equal Protection of Law - (+ve)

Equal Protection of Law

To protect weaker section against rich or strong per their survival

eg. Article 15 & Article 16


Article 15

Prohibition of discrimination on sex, religion, caste, real or place

Reservation in educational institutions for - SC/ST/OBC

Protection laws for women and children - 15(3)

Note: Child Labour (Protection & Regulation) Act, 2016

Child below 14 years can’t be employed

Child b/w 14-18 years can’t be employed for hazardous activities - Article 24

Article 16 - Equal opportunity in Public Employment

Reservation in jobs for - SC/ST/OBC

Reservation in promotion - SC/ST only

Article 24 - Prohibition of employment of children in

factories

Part 3 - Fundamental Right

Article 17 - Abolition of untouchability

Untouchability should not be practiced

Article 16 - Equal opportunities in Public Employment

Article 16(1) - Equal opportunity for all citizens in matters of employment

Article 16(2) - No discrimination on basis of Religion, Race, Caste, Sex


Note: Article related to educational initiative - Article 15

Article related to equal employment - Article 16

Article 17 - Untouchability

Abolished

Forbidden

Punishable offence

Article 18 - Abolition of Titles

Titles are disallowed

Titles are not given by government except for Academic and Military destination

eg. Sir, Lord etc (Not allowed)

Article 19 - Freedom of Speech - Article 19(2)

Reasonable restrictions may be imposed on freedom of Speech

(i) Against sovereignty and integrity of India

(ii) For security of state

(iii) Friendly relations with foreign states

(iv) Public order, relations or morality

(v) In relation to contempt of court

(vi) Declamation

(vii) Incitement of an offence - (to provoke others)

Restriction on hatred speech


Article 20 - Protection in respect of conviction of offences

(i) Protection against ex post facto laws

(Having retrospective effect)

No person shall be convicted of an offence under any law which was not an

offence at the commission of that act

(ii) Protection against double Jeopardy

No person shall be punished for the same offence for doing the act, twice

(iii) Right against self - incrimination

No person accused of any offence shall be compelled to be a witness against

himself

Ques. Article 20 protects rights of -

(i) Offenders

(ii) Accused

(iii) Person who are convicted of an offence

(iv) All of the above (Answer)


Offence


Wrongs

Civil - against individual

Criminal - against society

Source of Law

Legislation

Precedents

Customs

Justice or good ethics - responsibility

Torts

Law

Uncodified

Unliquidated

Contract

Terms - agreed by parties

Codified

Remedy - liquidated

When Torts and Contract overlap - remedies lie in both

(have to choose any 1)


Trust & Torts

Trust

Codified

Terms

Property

Torts

Uncodified

Law

Property, Body, Reputation

Torts

Civil Wrong

Not a breach of contract

Not a breach of trust

Wrongs

Criminal

Civil - Tort; Contract; Trust (overlapping)

Difference (Torts and Tort)

Torts - Civil wrong; trust into categories

Tort - every civil wrong; can’t be put in categories

Note: Torts - Pigeon - Hole Theory


CONSTITUTION

Emergency – 352; 356; 360

Article 352 - Grave Emergency

(Resolution by 2/3rd

majority; to revoke - Simple Majority

Article 356 - Failure of constitutional machinery in a state

(Resolution within 2 months by simple majority)

Article 360 - Financial Emergency

(Never effected - and can only be revoked by President)

352 - war; External Aggression; Armed Rebellion

1962 - China war

1965 - Pakistan war (1968)

1971 - Pakistan war (1975)

INTERNAL DISTURBANCE

42nd

1976

44th

1978 - (Armed Rebellion)

Emergency - Imposed by President on writing from the cabinet

ministers

Preserve; Protect; Defend - Constitution by President


Note: Article 19 (only) - Suspended during Emergency (After passing law)

Article 32 & 226 - Revoked during emergency

Article 20 & 21 - never revoked during even emergency

Note: Presidents rule 1977

Article 352 - Infinite time emergency ( 6 months)

Article 356 - Emergency {3 years (6+6+1 conditions eg. Punjab)}

Article 360 - infinite time emergency

EMERGENCY

352 - National

By - President only after written recommendation from cabinet (approved - special

majority of Parliament)

Must be approved by Parliament - in 1 month

Extended up to - 6 months (infinite time)

44th

Amendment, 1978

356 - State

(President’s rule)

42nd

amendment 1876


360 - Financial Emergencies

1962 - China war

1971 - Pakistan war

1975 - Internal disturbance (Indira Gandhi)

Emergency 352

Approval - Special majority of both houses of Parliament

Revoked or expiry - 1 months if not approved by Parliament


IPR

Patent - 14 years

Trademarks - 20 years

Copyright - 60 years

Hindu marriage act, 1955

7 years - not being heard for 7 years (presumed - dead)

(ground for divorce)

Irretrievable Breakdown of marriage

Husband & wife don’t want to live anymore together

They simply can’t get along

Irretrievable breakdown of marriage - ‘No fault’ divorce

Desertion - for continuous 2 years

Desertion - 2 years Ground fro - divorce

No ‘Conjugal Right’ for 1 year after decree by court - divorce (irretrievable breakdown)

After 1 year divorce

(1 year after - decree by court)

Law definition - By Salmond

Stare Decisis - Precedent (past decision)

Ex aquo at bono - Right & Good (Equity & good conscience)


Meaning - Court must decide cases according to what is right and

good (just and fair)

ICJ (World Court)

President - Ronny Abraham

VP - Abdul Yusuf

Arvid Pardon (Malta) - Father of Law of sea (International Sea Bed Authority)

ICC (International Criminal Court)

NOT a member of UN

Triple Talaq - Allahabad HC

(BMMA - Bhartiya Muslim Mahila Andolan)

Polygamy - Share Bano (case)

Iddat - counting / waiting

Death - 4 months 10 days

Divorce - 3 monthly periods (3 menstrual cycles)

maintenance even after ‘Iddat’ - Danial Latifi (case)


Tortfeasor - A person who commits a tort

Tort - wrongful act leading to legal liability

Legal injury or loss/harm - must in ‘Tort’

‘Violation of legal right’ - compulsory in ‘tort’

Profits a pendre - Benefits arising out of land

Res Nullius - Property which belongs to no one originally

(fish from pond) by possession

Adverse Possession - 12 years

During dispute - no transfer of property (lis pendence)

Gift - no consideration

Donor & Donee - living

Property

Corporeal - Tangible (movable, immovable)

Incorporeal - Intangible (encumbrances, IPR)


Encumbrances

Encumbrance is a claim against a property by a party that is not the owner

Encumbrances prevent the property owner from exercising full enjoyment on property

eg. A - Property owner

B - Tenant

A has limited control over his own property while B is paying the felt rent

Encumbrances - Kind of limitation; restriction; kurden etc

Encumbrances - restriction on rights of property

Lien - claim / right

Lien - claim / right to hold property of another

person until that person has paid the amount

(debt)

Servitude - Limited use

eg. limited use on piece of land

Hypothecation

Kind of security taken for giving a loan

eg. Bank holds papers of ‘Bikes’ until full amount is paid back

Borrower gives an asset (eg. - papers of bike) as a security against loan, but the bike is

with him only When, he pays back full amount to Bank, bank will give bike papers to

him If, borrower can’t repay to bank, bank will take the bike


Right to redemption - Mortgager

(take property back after repayment)

Right to foreclosure - mortgager

(sell property if mortgager fail to repay)

Muslim - can transfer only 1/3rd

property to outsider (by - will)

Coparcener - equal share in property (daughter too)

If already a son/daughter - can’t adopt son/daughter but guardianship is allowed

Sapinda

5 - father’s side

3 - mother’s side

Endogamy - Marrying in same gotra or community

Exogamy - Marrying outside the community (different community)

Doli Incapex - Child below 7 years NOT liable (for crime)

Agreement enforceable by one party and ‘not by’ not by the other - voidable

Agreement not enforceable by law - void

Agreement - must contain ‘intention to enter into a legal obligation’


Post consideration - no consideration

Coercion; undue influence; misrepresentation; fraud - voidable

Mistake void ab initio

Coercion - to make someone sign by force or threat

Torts - Right in rem; Common Law (Precedents)

Contract - Right in personam ; Civil law

Injuria sine Damnum - tort

Injuria con Damnum - tort

Damnum sine injuria - No tort

Actionable per se - no proof required

Because it is clearly seen

eg. Assault, Battery

Proof of damage required

eg. Negligence

Trespass - movable; immovable; body

Tribunals - Quasi Judicial

Hindu Marriage Act, 1955 - ‘only’ Hindus (both)


Void marriage - Bigamous; sapinda; Prohibited degree of

relationship; without common & customary rites

Voidable Marriage - from one party

Constructive Divorce - When one party behaves in offensive manner with

innocent party (intentional)

Constructive Divorce - not heard for 7 years

Judicial Separation - Conjugal rights suspended

Husband & wife can’t cohabit

Husband and wife live separately during judicial separation

If court satisfied after Judicial separation Divorce

Contingent contract - conditional contract

Breach of contract - remedy compensation

Chattel - movable property

Nuisance - unlawful interference

Strict Liability

Relyands vs. Fletcher - By Justice “Blackburn”

exceptions possible by showing reasonable care

Absolute liability

against - company; enterprise

No exception - enterprise is completely liable


Pecuniary - money matters (relating to money)

Pleading - Statement containing cause of action or defense

- grievances caused & reliefs wanted

Plaintiff - files ‘Plaint’

Plain - contains ‘Pleadings’

Written statement - by Defendant

Ex-park - walk over (one sided)

Arbitration - Binding (by-law)

Mediation - NOT binding (informal)

Conciliation - Same as ‘Mediation’

But, ‘Conciliator’ plays active role here

Lok Adalat - fast track courts

Alternative dispute redressed

People’s court


Quran - Holy Book

Hadith - Traditions of Prophet Mohd. (Sunni)

‘Ijma’ & “Qiyas’ - Muslim Law

Nikah - union of sexes

Shariat Law - Muslim Law

Shia - ‘Muslim man’ can marry only ‘Muslim Woman’

(old thinking - only believe in Prophet’s family)

Sunni - ‘Muslim man’ can marry ‘Kitabia’ (new thinking)

Ijab & Qubul - Proposed & acceptance (same meeting)

No ‘Qazi’ required in muslim marriage

No ceremony required in muslim marriage

Witness for marriage

Shia - No

Sunny - Yes (2 witness)


Divorce by mutual consent - Khula

(invitation for divorce from ‘wife’ side)

Mubarat - divorce by mutual consent

(by both parties)

Tuhr - period of purity

Ashan – pure (talaq by husband)

Talaq ul Biddat - Triple Talaq

Hasan - (Talaq)

Ila - Husband refuses conjugal right to wife

Zihar - Husband compares wife with another

woman within prohibited degree of relationship

Mehr - Dower

Specified - pre determined

Proper - reasonable amount (accordingly)

Section 125 CrPC - Maintenance to wife, children & parents

LEGAL APTITUDE · IPC - Indian Penal Code (1860) IEA - Indian Evidence Act (1872) CrPC - Code of...

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