Definition of law

Law is a systematic set of rules, regulations, and principles

established and enforced by a governing authority, such as a
government or legal system, to regulate the behavior of individuals
and organizations within a society. It serves as a framework for
maintaining order, resolving disputes, and promoting justice by
defining rights, duties, and responsibilities. Laws can encompass a
wide range of subjects, including criminal justice, contracts,
property, family, and constitutional matters, providing a structured
foundation for the functioning of societies and the protection of
individual and collective interests. Additionally, legal systems often
include mechanisms for interpreting, enforcing, and adapting laws
to address evolving societal needs and values.
Aristotle:
 Definition: "Law is order, and good law is good order."
John Austin:
 Definition: "Law is the command of a sovereign backed by the
threat of punishment."

Function of law
The functions of law are diverse and multifaceted, serving various
purposes within a society. Different legal theorists and scholars
have proposed different functions of law. Here are some commonly
recognized functions:

.
Social Order and Stability:
.
 Function: One of the primary functions of law is to establish
and maintain social order. It provides a framework for
resolving disputes, enforcing rights and obligations, and
preventing actions that may disrupt the peace and stability of
society.
.
Conflict Resolution:
.
 Function: Law serves as a mechanism for resolving conflicts
between individuals, groups, or entities. Courts and legal
processes provide a structured way to address disputes and
reach fair and just resolutions.
.
Protection of Individual Rights:
.
 Function: Law is designed to protect the rights and freedoms
of individuals within a society. It establishes a set of rules and
norms that safeguard fundamental human rights, such as the
right to life, liberty, and property.
.
Promotion of Justice:
.
 Function: Law is a tool for promoting justice by ensuring that
individuals are treated fairly and equitably. It establishes
standards of conduct and procedures that aim to achieve just
outcomes in legal proceedings.
.
Social Control:
.
 Function: Law provides a means of social control by setting
boundaries on acceptable behavior. The threat of legal
consequences acts as a deterrent, influencing individuals to
conform to societal norms and rules.
.
Facilitation of Planning and Coordination:
.
 Function: Law facilitates planning and coordination within
society by providing a stable framework for economic and
social activities. Legal rules and regulations contribute to the
predictability necessary for orderly functioning.
.
Expression of Moral and Social Values:
.
 Function: Legal systems often reflect the moral and social
values of a community. Laws embody societal norms and
standards, shaping behavior and reflecting the collective
conscience.
.
Dispute Adjudication:
.
 Function: Courts and legal processes play a crucial role in
resolving disputes and interpreting the law. Adjudication
ensures that conflicts are resolved according to established
legal principles.
.
Social Change:
.
 Function: Law can be a catalyst for social change. Through
legislation and judicial decisions, legal systems can adapt to
evolving societal values and address emerging issues.
.
 Protection of Public Interest:
.
 Function: Law is used to protect the public interest by
regulating activities that may have a significant impact on
society, such as environmental protection, public health, and
safety regulations.

These functions are interconnected, and the emphasis on each

function may vary across different legal systems and cultural
contexts. Additionally, the functions of law can evolve over time in
response to societal changes and developments.

Law , justice and morality

Justice

Justice is a broad idea that affects nearly every area of human life. Justice comes from
the Latin term Junger, which means ‘to bind or tie together.’ ‘Jus’ can also signify
‘Tie’ or ‘Bond.’ In this sense, justice might be defined as a system in which people
are entwined or bound together. Justice aims to bring disparate ideas together and
organise all human relationships around it. As a result, justice entails binding, joining,
or organising people into a just or fair relationship order.

In modern context:- justice is based on fairness.

John Rawls gave his principles of justice and they are as follows in the following
order:

1. Principle of equal liberty: Principle of equal liberty signifies that equal right to
most extensive liberty compatible with similar liberty of others which postulate that
nobody’s liberty will be sacrificed for the sake of any benefit liberty in this
sense implied equal right to political participation, freedom of expression
religious liberty, equality before the law, etc.

2. Principle of fair equality of opportunity: Particularly for acquiring offices and

position

3. Difference principle: This implied that any departure from equal distribution of the
primary goods could be justified only when it could be proved to bring greatest
benefit to the least advantaged.

After analysis of John Rawls concept of equal liberty it is appropriate to say that his
essay and work on justice can still be seen applicable in present scenarios. His work
reflects the picture of 21st century. His ideas for the uplifting of minority group are
indispensable for equality. He is able to justify fully his principle of inequality. His
idea that difference will remain until the inequalities are not curbed is truly applicable.
His theory is also relevant when he talks about thelaw-making body and
representatives.
Relationship between law and justice

According to Salmond, laws are the bodies of principles that tribunals recognize and
apply while administering justice. Even Roscoe Pound defines laws to
mean principles that public tribunals recognize and enforce.
Therefore, justice generally means the recognition, application and
enforcement of laws by courts.

Kinds

Social justice

In today’s world, a huge number of academics prefer to explain the idea of justice as
“social justice.” Social justice is defined as the equality of all persons in a society,
with no discrimination on the grounds of faith, caste, creed, colour, sex, or status.
Scholars, on the other hand, interpret the idea of social fairness in a variety of ways.
Some argue that social justice entails allocating each person’s fair piece of the social
pie. Others argue that social justice is the equitable distribution of social benefits and
rights based on the rule of law and justice.

Political justice

To achieve political justice, it is necessary to provide all individuals with equivalent

political rights and chances to participate in the administration of their respective
countries. Citizens should be free to vote without fear of being discriminated against
on the basis of religion, race, class, creed, gender, place of birth, or social standing.
All eligible voters and candidates for public office should be given the same
opportunities. The formation of fair norms, followed by the administration of justice
in accordance with those rules, are two facets of legal justice. When crafting the law,
the will of the rulers should not be forced on the will of the ruled. Legislation should
be guided by popular feelings and state desires. At all times, it is necessary to keep in
mind the importance of social values, ethics, traditions, and the sense of right and
wrong.

Economic justice

Due to the fact that the market economy is always a component of the social system,
economic justice and social justice are intimately intertwined. Individual economic
rights and opportunities are often intertwined with the larger social system in which
they exist. Economic justice necessitates that all individuals have suitable
opportunities to make a livelihood and get fair wages, enabling them to satisfy their
basic necessities while also assisting them in their growth and advancement. While
sick or elderly or unable to work, the government should ensure that they have
financial security during these times.
Legal justice

The term “legal justice” refers to the rule of law, not the rule of any individual. It
states that all men are equal before the law and that the law applies equally to all. It
ensures that everyone is protected by the law. The law makes no distinction between
the wealthy and the destitute. The objective and proper administration of justice by
courts of law is a necessary component of legal justice. The legal process must be
straightforward, swift, fair, affordable, and effective. There should be effective
apparatus in place to deter illegal activities.

Morality

Law and Morality are two systems that govern the way humans behave. Law is a body
of rules and regulations that all people are mandatorily obligated to adhere to. Morals,
on the other hand, refer to general principles or standards of behavior that define
human conduct within society but are not compulsory to be followed. The
relationship between law and morality is a complicated one and has evolved over the
years. Initially, the two were considered equivalent but with time and progressiveness,
it is highlighted that the two are different concepts, but with certain inter-dependency
between them.

Morality as the basis of law

Throughout history, no clear distinction has been made between law and morality. By
virtue of a lack of distinction, all laws found their origin from what was considered
morally correct by the people in a society. Eventually, the state picked up what was
morally correct and gave it the form of laws or rules and regulations. Therefore, the
law finds its origin and is based on the values that float amongst the people, creating a
similarity between the two concepts, i.e. law and morality. For example, it is morally
wrong to kill someone or to rape someone. This value has taken the form of a law.
Morality may with time have been distinguished with laws, but it remains an integral
part of legal development. Law essentially involves certain basic principles such as
the principle of fairness and equality, and these principles are derived from ethics and
morals.

Morality test of law

The entire purpose of the existence of laws is to ensure justice in society and do what
is best for the welfare of all the people. Since the principle of justice is well under the
ambit of morality, many jurists are of the opinion that there must not be any
contradiction between law and morality. Any law which does not abide by moral
standards should be removed and whether a law is right or wrong can be evaluated
based on whether it is in consonance with moral values.

Morality as ends of law

As stated before, the end goal of enacting laws is to maintain a society that is based on
principles of justice, fairness, and equality. The entire purpose of having certain moral
standards is also to maintain some sort of order in the society which would lead to
fewer conflicts. This shows that more or less, the purpose of both these phenomena is
the same. It is believed by jurists that if the law is to stay involved in the lives of
people, then it cannot ignore morals. If there is a law that is against moral standards,
people may be hesitant to obey it which will create further conflicts within the
society.

Hart-Fuller debate on law and morality

The Hart-Fuller debate is one of the most interesting exchanges of ideas and opinions
between Lon Fuller and H. L. A Hart on the intriguing interdependency between law
and morality. This was published in the Harvard Law Review in 1958 and essentially
highlighted the difference in opinions in the positivist and natural law philosophy. To
understand the points put forth by both these ideologists, it is important to analyze
their beliefs and the reasoning behind them separately.

 H.L.A Hart is a positivist and is thereby of the opinion that while

there may be a close relationship between law and morality, the
two are most definitely not interdependent. That being said, Hart
does believe that law has been heavily influenced by the morals
that prevail within the society. According to him, a clear
distinction needs to be made between what law should be and
what it ought to be. This is where Hart brought in the problem of
penumbra which refers to determining meaning where the law is
ambiguous. Fuller in opposition to this stated that in situations
where the law is uncertain, the judges make decisions based on
morality, basically from what ought to be. To this Hart responded
by saying that determining what ought to be must be understood
from a legal sense, and not from a moral one. Essentially,
interpretation of the law cannot come from outside of the legal
world. Despite making a clear demarcation between law and
morality, he also believes that the two are bound to intersect at
some point.
 Lon Fuller is a naturalist who believed that there exists a strong
necessary connection between law and morals. According to him,
all legal norms are based on moral norms. In simplest terms, no
law can be deemed as valid if it does not pass the test of
morality which is based on ethical ideas that people have. Fuller
has further categorized morality into two aspects; Morality of
aspiration and morality of duty. The former is concerned with
moral norms that are followed by a person for their individual
best interest. The latter on the other hand is more relevant to
the smooth functioning of society by prescribing standards that
all people must follow. Fuller also elaborated on two concepts
which are “Internal morality of law” which deals with the
procedure of framing laws and “External morality of law” which
is more about the essence of law which is used to make
decisions.
Trolley Problem

The trade-off between making a deliberate choice to save five people

by killing one sums up the idea of the trolley problem. The trolley
problem is a fictional scenario in which an individual who is witnessing
the entire situation has the option of saving five people from being hit
by a trolley. However, these gestures come at the price of diverting the
trolley towards one person and thereby killing them. Whether one must
do something despite not being legally obligated or understanding if
certain sacrifices are acceptable are questions brought forth through
the trolley problem. A lot of law jurists when thinking about this issue
have observed that it must be morally permissible to avoid five deaths
when the alternative is one death. But imagine, what if there was no
way to divert the trolley but you can stop it by pushing a person in
front of it. Is it still morally correct because the outcome remains the
same? This is a different case since in this one a person is being used
as means to an end for doing something legally wrong. There are two
schools of moral thoughts, namely the utilitarian perspective and the
deontological perspective. The former says that any action which
achieves the greatest good for a greater number of people is morally
correct. The latter on the other hand says that killing an innocent
person in any circumstance is wrong

R v. Stephen and dudly case

Wherein they eat the cabin boy….

Challenges due to interlink between law and morality

The two concepts of law and morality may be different for a lot of
reasons, but the one thing that they have in common is that the two
affect the way we live our lives. Both morality and law are ambiguous
concepts without any definite meaning. Both of these notions have
evolved with new ideas that emerged with time. Nowadays, it has
appeared that the idea of morality has started to differ from one
person to another. This means that morality in itself has become
subjective; what may be morally incorrect for one could be morally
correct for the other. When there is no fixed standard of what may be
morally right, how exactly can the lawmakers base laws on morals?
The modern world is witnessing a clash between law and morality and
there are multiple issues where these two concepts must not overlap,
and the new laws must entirely depend on the existing legal
framework. A progressive outlook, which may not be entirely in line
with morals, is required to enact laws that will ensure justice.

Sources of law
A) Custom as a source of law
Introduction: The term 'custom' originates from the old French 'Coustume,' and in
Hindi, it encompasses 'reeti,' 'vyavhar,' 'rasam,' or 'reewaj.' Customs embody habitual
conduct aligned with societal norms. For instance, the tradition of wearing black and
white attire in England and India during funerals illustrates customary practices.
While customs historically played a vital role in law-making, the contemporary legal
landscape prioritizes legislation and judicial precedents over customs in societal
development. Carter emphasizes custom as consistent behavior in a given area, while
Holland defines it as an observed course of conduct. English law predominantly refers
to legal custom, distinguishing it from conventional customs or usages, which lack the
status of laws ex proprio vigore.

Elements of a Valid Custom:

The essential components of a valid custom can be categorized into Formative and
Operative essentials. Formative elements, including Certainty, Continuity/Uniformity,
Conscious acceptance, and Antiquity, establish the foundation of a valid custom.
While customs meeting these criteria are prima facie valid, they may be
unenforceable if deemed opposed to public policy, morality, or unreasonable –
identified as faulty elements. For validation, customs must be reasonable, aligning
with public policies, moral standards, and legislative enactments.

 Ancient Element:

The term "ancient" indicates the necessity for a custom to possess antiquity, akin to
"from time immemorial." Blackstone emphasized that a custom must be in use for so
long that the memory of man does not contradict it. The court, in Urminath Chaudhari
v. Goureenath, asserted that a custom practiced for a hundred years establishes
sufficient antiquity. Meeting these quintessential features is crucial for a custom's
recognition, as highlighted in the case of Rajothi v. Selliah.

 Uniformity and Continuity:

The de facto nature of custom being ancient necessitates adherence to uniformity and
continuity. These elements substantiate its establishment through time-honored use.
Any deviation from continuous and uninterrupted practice, amounting to desertion,
compromises the stability and validity of a custom. Blackstone argued against framing
one custom against another, emphasizing their equal antiquity and consensus.

 Certainty:

Validity hinges on the certainty and definiteness of a custom. Obscurity or uncertainty

leads to confusion, rendering a custom invalid. Clarity in practice intensifies a
custom's validity, with non-confirmation or non-compliance rendering it invalid.

 Conscious Acceptance as a Right:

Opinio Juris sive necessitates, translated as an opinion of law or necessity,
underscores that customs must be openly enjoyed with the community's knowledge
and not in secret. It must conform to a matter of right.

 Reasonable:

Customs must be reasonable, not causing more harm than good, and should align with
societal values. Unreasonable customs, like those allowing certain marriages or
practices like Sati, are subject to rejection. While not mandatory to be logic-based,
reasonableness aligns with contemporary societal values.

 Compliance with Morality, Public Policy, or an Express Enactment:

A valid custom must adhere to morality, public policy, and legislative enactments.
Courts, guided by public good, evaluate immorality, emphasizing that the longevity of
a moral practice doesn't guarantee its legality. The case of BalusamyReddiar v.
Balkrishna Reddiar illustrates the court deeming a custom immoral. Custom opposing
public policy can be declared void, as outlined by Coke, as it should not interfere with
legal statutes or public welfare.

Types of customes

| 1. | **Unsanctioned Customs** | Customs covering less significant aspects of social

life without binding obligations. Example: Avoiding black dresses in festive
occasions in India. Also known as *Social Customs*. |

| 2. | **Sanctioned Customs** | Explicit customs involving specific duties and

obligations. Regulates marriage, child-rearing, property transfer, and agreement
execution. Holds legal character with binding nature and legal consequences for
violations. |

| 2.1 | **Sanctioned Customs Subcategories** | |

| 2.1.1 | **Legal Customs** | Customs with absolute authority and legal force.
Enforced by legal obligations, must be performed by individuals or groups. |

| 2.1.2 | **Conventional Customs** | Derives authority based on acceptance and

absorption in agreements. English law distinguishes them as *usage*, not laws *ex
proprio vigore*. |

| 2.1.2.1 | **General Custom** | Prevails nationwide, forming a fundamental

part of the country's laws. |

| 2.1.2.2 | **Local Custom** | Observed within a limited locality, district, or

town. Subcategories in India include *Geographical local customs* and *Personal
local customs.

| **Requirements for Validity** | Customs must be;-*sustainable*, *reasonable*,

*continuous*, and *permanent* for validity. Should not contradict existing statutory
laws. |
 B)Precedent and its Role in Law

History of Precedent:

. Indian law, influenced by English common law during British rule.

Precedents gained significance under the Government of India Act 1935.
. Precedents considered judge-made laws, guiding decisions in similar situations.:

Definition: Rule of law established by a court for a specific case, guiding similar
cases (Black's Law Dictionary).

Doctrine: Stare decisis - courts rely on similar/historical cases as a guide (Article 141 of
the Constitution).

Types of Precedents

 Binding Precedents: Authoritative, must be followed by lower courts.

 Persuasive Precedents: Decisions by lower courts not obligatory for higher
courts.
 Original Precedents: Arise in cases where the court has no prior decision.
 Declaratory Precedents: Application of existing precedents in specific cases.

Factors Affecting Precedent Authority: Statute inconsistency, reversal by a higher

court, or authoritative judgment can impact precedent authority.

. A precedent may be discarded if given in ignorance, inconsistent with higher court

decisions, or unreasonable.

Parts of a Decision:

 Ratio Decidendi: Reasons for the decision, binding on lower courts, derived from
case facts.

 Obiter Dictum: Non-binding opinions or remarks made by judges, not forming a

necessary part of the decision.

Advantages of Judicial Precedent: 14. Ensures equality and fairness in similar

cases.

. Acts as a guide for future cases, saving time and labor.

. Helps in the formulation of new statutory laws.
. Establishes rules for stability in legal interpretations.

Disadvantages of Precedent: 18. May force lower courts to make decisions that are
too lenient or harsh.

. Rigidity in changing a precedent once followed.

. Difficulty in selecting the right precedent from numerous cases.
. Some situations may not be recognized under precedent.

Types of Opinions:

 Dissenting Opinion: Represents a minority view, not binding precedent.

 Concurring Opinion: Agrees with the outcome but not necessarily the reasoning
of the majority.

Use of Precedent in the U.S.: 24. U.S. follows common law, requiring courts to
follow decisions of higher-level courts.

. Three-tiered court system with a defined hierarchy.

. Flexibility in the system, allowing the overturning of judgments.

Good Examples of Precedents:

 Vishakha Case: Landmark case providing safety for women at workplaces.

 Keshav nanda bharti case:

Conclusion: Precedents play a crucial role in shaping and interpreting laws, filling
gaps, and providing certainty to legal systems.

C) Legislation as a source of law

INTRODUCTION

The term 'legislation' derives from Latin, with "Legis" meaning law and "Latum"
meaning "to make" or "set." Legislation is the authoritative declaration of legal rules
by a competent authority, primarily through statutes. It is the exclusive means for
enacting, repealing, and amending laws. This form of law-making, when declared by
a state's legislature, is referred to as enacted or statute law.

LEGISLATION AS A SOURCE OF LAW

Legislation is the most powerful form of law-making, according to the analytical

school, with statutes being the typical form of law. However, the historical school
sees legislation as the least creative among legal sources. Despite these perspectives,
legislation serves social good and flows from reason and logic.

CLASSIFICATION OF LEGISLATION
 Salmond classifies legislation into two types:

. Supreme Legislation: Enacted by a sovereign law-making body, such as an

independent state's legislature, and cannot be altered by any other authority.
. Subordinate Legislation: Originating from authorities other than the sovereign power,
it depends on a higher power for validity. Subordinate legislation includes colonial,
executive, judicial, municipal, and autonomous legislation.

DELEGATED LEGISLATION

Delegated legislation is law passed by authorities other than the legislature. Reasons
for delegation include lack of time, technicality, and local or specific matters.
Safeguards such as procedural, parliamentary, and judicial controls prevent abuse of
delegated legislation.

SUB-DELEGATION

Sub-delegated legislation occurs when a body or person indirectly receives delegated

powers. The parent act may permit sub-delegation to specific authorities or officials.

CONDITIONAL LEGISLATION

Conditional legislation allows the transfer of authority to decide when a law becomes
effective or applies to another entity, post-legislative enactment.

COMPARISON OF LEGISLATION WITH OTHER SOURCES OF LAW

Legislation, being the primary source in many legal systems, is compared with
precedent (case law) and custom. Legislation's advantages include abrogative power,
efficiency through divided functions, and provision for future cases.

CODIFICATION OF LAWS

Codification involves systematically arranging and reducing laws into enacted form.
Codes are comprehensive collections of laws organized to avoid inconsistency.

INTERPRETATION OF STATUTES

Interpretation is crucial for ascertaining legislative intent. It involves literal

(grammatical) or logical (functional) approaches. Harmonious construction resolves
conflicting provisions.

IMPORTANT RULES OF INTERPRETATION

. Golden Rule: Allows cautious departure from literal interpretation to rectify apparent
defects.
. Mischief Rule: Considers the purpose or policy behind legislation to interpret its
meaning.

CONCLUSION
Legislation is a primary and vital source of law, providing consistency and authority.
Despite potential flaws, it remains an effective means of law-making, recognized for
its deliberate and authoritative nature.

Indian federal system

I) Common Law foundation

Meaning of Common Law Foundations: – Common law foundations are a

body of laws which are unwritten and are based on legal precedents that are
established by the courts. Common law is also known as case law and it is a
body of laws which are unwritten and are based on legal precedents
established by the courts. Common law draws from institutional opinions
and interpretations from judicial authorities and public spheres. Common
laws sometimes prove to be the motivation to enact new laws.

Common Law vs. Civil Law

Civil law is a broad, codified set of legal statutes made by legislators. A

civil system clearly defines cases that can be brought to court, the process of
handling claims and punishment for a crime.

Judicial officers use the terms in the applicable Civil Code to evaluate the
facts of each case and make legislative decisions. While civil law is
regularly updated, the aim of standardized codes is to create order and also
reduce biased systems in which laws are applied differently from case to
case.

Common law draws from institutional opinions and interpretations from

judicial authorities and public spheres. Similar to civil law, common law
aims to establish consistent results by applying the same standards of
interpretation.

In some instances, precedent relies on the case-by-case traditions of

individual courts. As a result, elements of the common law may vary
between districts.

Definition and Historical Roots: Common Law, as a legal system, stands

distinctively apart from statutes, deriving its essence from judicial decisions
known as case laws. This unique legal framework traces its origins to
England, gaining authority from the consent and practices of the people over
time. It embodies a rich tapestry of tradition, custom, and fundamental
principles, forming an intricate web of unwritten laws.

Key Features of the Common Law System: The Common Law system, in
stark contrast to codified laws, is characterized by its evolution through
judgments rather than preceding them. This dynamic system demands a
meticulous process of research and analysis in determining applicable laws
for a given situation. Unlike codified laws that precede judgments, Common
Law principles are shaped by the outcomes of specific cases. This
adaptability allows the legal system to respond effectively to the changing
conditions and demands of society.

Historical Evolution in England: The historical evolution of Common

Law in England unfolds with the Norman conquest in 1066, gaining
momentum under the rule of William II. The introduction of the Eyre
system, overseen by judges appointed by the King, marked a pivotal
moment in centralizing control over local courts. During the reign of Henry
II, significant developments included the recording of cases and the reliance
on local customs. This period laid the foundation for a centralized legal
system, where precedents played a crucial role in shaping future decisions.

Introduction of Common Law in India: The influence of Common Law in

India began with the advent of the English East India Company in the
1600s. Following the Battle of Plassey in 1757, the Mughal legal system
gradually gave way to English legal practices. Notable developments
included the establishment of admiralty courts and mayors, contributing to
the formation of a uniform legal system. The Law Commission's efforts in
coding laws, coupled with the establishment of High Courts, solidified the
foothold of Common Law in the Indian legal landscape.

Application of Common Law in India: The impact of Common Law on

the Indian legal system is profound, shaping the very core of statutes
 governing civil and criminal justice. Elements of the adversarial trial
system, wherein the burden of proof lies with the prosecution, were adopted
from Common Law practices. The concept of precedents, fundamental to
Common Law, found application in Indian courts, with decisions of the
Supreme Court holding binding authority on all courts within the territory.

Conclusion: In conclusion, Common Law, originating in England, has

played a pivotal role in shaping the legal landscape of India. The
amalgamation of Indian customary law with the principles of Common Law
has resulted in a legal system that reflects the dynamic nature of legal
evolution. India stands as a testament to the enduring influence of Common
Law, a system that has adapted and thrived across geographical and cultural
boundaries.

ii) a. Rule of Law:

"The bedrock of our democracy is the rule of law and that means we have to have an
independent judiciary, judges who can make decisions independent of the political
winds that are blowing." - Caroline Kennedy

Understanding the concept of the rule of law is paramount to recognizing that the state
is governed by laws, not rulers. While the term is not explicitly defined in the Indian
Constitution, the judiciary has deemed it a basic feature, unamendable even by
constitutional amendments, integral to good governance.

Essence of the Rule of Law: The rule of law necessitates governance by accepted
rules rather than arbitrary decisions. Crucially, these rules must be general, abstract,
known, certain, and apply equally to all individuals. Legal limitations on government,
a cornerstone of constitutionalism, involve the division of government power and an
independent judiciary to ensure adherence to laws.

Historical Roots and Evolution: The concept of the rule of law dates back to ancient
times, with Greek philosophers such as Plato and Aristotle discussing its principles.
The term itself is derived from the French phrase 'la principe de legalite,' emphasizing
governance based on legal principles rather than individuals. In modern times, this
doctrine forms the basis of Administrative Law, embodying justice, fairness, and
inclusiveness.

Postulates of the Rule of Law: In 1885, Professor A.V Dicey formulated three
postulates essential for the supremacy of law:

. Supremacy of Law: Rejecting arbitrariness, every individual must be governed by

established laws, minimizing discretionary powers.
. Equality Before Law: Emphasizing equal subjection of all classes to ordinary law,
ensuring fairness and justice for all.
. Predominance of Legal Spirit: Mandating that all administrative actions align with the
law, preventing deprivation of rights and liberties.

Rule of Law Under the Indian Constitution: Adopted from England, the rule of law
is implicit in the Indian Constitution, enshrined in the preamble and reflected in Part
III. The Constitution's supremacy is highlighted, and any law contravening its
provisions is declared void. The judiciary, through Article 32 and the power of
judicial review, safeguards the rule of law, ensuring the protection of citizens' rights.

Role of the Indian Judiciary: Numerous landmark cases have shaped the application
of the rule of law in India:

 ADM Jabalpur v. Shivkant Shukla: Examined the existence of the rule of law during
emergencies.
 Som Raj v. State of Haryana: Affirmed the absence of arbitrary power as fundamental
to the rule of law.
 Keshvananda Bharti v. State of Kerela: Established the rule of law as a vital aspect of
the basic structure doctrine.
 Maneka Gandhi v. Union of India: Declared Article 14's stand against arbitrariness.

Conclusion: The rule of law, intertwined with the principles of justice, equality, and
liberty, is foundational to Indian democracy. Through judicial interventions and
adherence to constitutional principles, the rule of law stands as a bulwark against
arbitrary power, ensuring the protection of citizens' rights and the preservation of
democratic ideals.

b)Separation of Powers:

The separation of powers is a foundational principle in the governance of

federative and democratic states. It divides the state into three branches—
legislative, executive, and judiciary—each possessing independent powers
and responsibilities. This separation aims to prevent abuse of power,
corruption, and the enactment of tyrannical laws by maintaining a system
where each branch operates autonomously.

Implementation in India: In India, the separation of powers is nuanced,

with functions separated rather than powers. The judiciary holds the
authority to overturn unconstitutional legislation, maintaining a system of
checks and balances. Although not strictly adhered to as in the U.S., India's
Constitution provides for a fair division of duties and authority among the
three branches of government.
 Historical Context: Charles de Montesquieu coined the term "separation of
powers" in the 18th century. Rooted in Greek and Roman political thought,
it gained prominence in the works of Aristotle and Plato. Montesquieu's
systematic articulation in "The Spirit of Laws" emphasized the necessity of
distributing powers among the Executive, Legislative, and Judiciary to
prevent despotism.

Forms of Separation: Wade and Phillips offer three definitions:

. Prevention of one branch carrying out duties of another.

. Non-interference between branches.
. Individuals not serving in more than one branch.

Meaning of Separation of Power: The doctrine's essence involves three

key aspects:

. A person in one organ should not serve in another.

. Non-interference between organs' functions.
. Organs should not perform functions assigned to others.

Functioning of State Organs:

 Legislature: The chief function of the legislature is to enact laws

 It is the basis for the functioning of the other two organs, the executive and
the judiciary.
 It is also sometimes accorded the first place among the three organs because
until and unless laws are enacted, there can be no implementation and
application of laws.

 Executive: The executive is the organ that implements the laws enacted by
the legislature and enforces the will of the state.
 It is the administrative head of the government.
 Ministers including the Prime/Chief Ministers and President/Governors
form part of the executive.

 Judiciary: The judiciary is that branch of the government that interprets the
law, settles disputes and administers justice to all citizens.
 The judiciary is considered the watchdog of democracy, and also the
guardian of the Constitution.
 It comprises of the Supreme Court, the High Courts, District and other
subordinate courts..

Significance:
 Preventing Abuse: The doctrine prevents maladministration, corruption,
and misuse of power, safeguarding individual liberties.
 Protecting Liberty: Maintains individual liberty, ensuring an efficient
administration while focusing on the independence of the judiciary.
 Judicial Review: Allows courts to review laws' constitutionality, preventing
arbitrary rule and upholding democracy.

With respect to USA

The first article of the Constitution says “ALL legislative powers… shall be
vested in a Congress.” The second article vests “the executive power…in a
President.” The third article places the “judicial power of the United States
in one Supreme Court” and “in such inferior Courts as the congress may
establish.

Separation of powers serves several goals. Separation prevents

concentration of power (seen as the root of tyranny) and provides each
branch with weapons to fight off encroachment by the other two branches.
As James Madison argued in the Federalist Papers (No. 51), “Ambition
must be made to counteract ambition.” Clearly, usa’s system of separated
powers is not designed to maximize efficiency; it is designed to maximize
freedom

Constitutional Status in India: Article 50 says that states shall take steps
to separate the Judiciary from the Executive….elaborate

Case Laws and Interpretations:

 IC Golakhnath vs State of Punjab: Recognizes a broader acceptance of

the separation of powers in India, where mutual connections and
coordination are inevitable.
 Indira Gandhi vs Raj Narain: “Separation of powers is part of the basic
structure of the constitution. None of the three separate organs of the
republic can take over the functions assigned to the other”. Although it was
observed that in the Indian Constitution there is a separation of powers in a
broad sense only. A rigid separation of powers as under the American
Constitution or under the Australian Constitution does not apply to India.

Impact on Democracy: The separation of powers is indispensable for

democracy. It prevents the concentration of power, ensures accountability,
and creates a balance within the government, promoting just and fair laws.
By maintaining an independent judiciary, it contributes to the protection of
human rights and upholds the principles of natural justice, thereby fortifying
the democratic framework.
 c) Principle of Natural Justice:

Derived from the Roman law term 'Jus Natural,' the Principle of Natural Justice is
integral to Common law and moral principles, although not codified. It signifies an
inherent law, not sourced from statutes or constitutions. Respected by all civilized
states, this principle gained prominence as a response to harsh employment laws
during industrialization. The Supreme Court intervened to establish statutory
protection for workers, emphasizing the values of social justice and a balanced
economy.

Essence of Natural Justice: Natural justice involves establishing a sensible and

reasonable decision-making procedure on a specific issue. It emphasizes the
importance of the procedure over the specific decision. It goes beyond mere 'fairness'
and encompasses various nuances depending on the context.

Three Rules of Natural Justice:

. Hearing Rule: Affirms the right of the affected party to express their perspective
before an expert panel.
. Bias Rule: Requires an unbiased decision by the expert panel, ensuring fairness.
. Reasoned Decision: Mandates that orders, decisions, or judgments articulate valid
and reasonable grounds.

Historical Origin: The concept dates back to ancient Greek and Roman times,
acknowledged by thinkers like Kautilya and Adam. It found mention in the Bible and
gained recognition among English jurists. In India, early cases like Mohinder Singh
Gill vs. Chief Election Commissioner established the importance of fairness in all
actions—judicial, quasi-judicial, administrative, or quasi-administrative.

Purpose of the Principle:

. Provide equal opportunity for all parties to be heard.

. Uphold the concept of fairness.
. Fill gaps and loopholes in the law.
. Protect Fundamental Rights.
. Ensure basic features of the Constitution.
. Avoid miscarriage of justice.

Claiming Natural Justice: Natural justice can be claimed in judicial or quasi-judicial

proceedings, including panchayats and tribunals. It involves fairness, basic moral
principles, and considerations of various biases. The case of Province of Bombay vs.
Khushaldas Advani emphasized its applicability to statutory bodies.

Impact on Administrative Action:

 Administrative action
 Civil consequences
 Doctrine of Legitimate Exception
 Fairness in action
 Disciplinary proceedings

Rules of Natural Justice:

. Nemo Judex In Causa Sua (No one should be a judge in his own case): To prevent
biases, no one involved in a case should act as a judge.
. Audi Alteram Partem (Hear the other side): Ensures that no one is condemned
without a fair opportunity to be heard.
. Reasoned Decision: The decision-making process should be transparent, with valid
reasons provided.

Types of Bias:

. Personal bias
. Pecuniary bias
. Subject matter bias
. Departmental bias
. Policy notion bias
. Bias on the account of obstinacy

Components of Audi Alteram Partem:

. Issuance of notice
. Right to present the case and evidence
. Right to cross-examination
. Right of legal representative

Exceptions to Audi Alteram Partem:

 During the Emergency period

 Public interest
 Express statutory provision
 Nature of the case not serious
 No effect on the status of the individual

Applicability of Natural Justice:

 Courts (except ex-parte)

 Tribunals
 Authorities with discretion, subject to legal limitations

Reasoned Decision:

 Allows the aggrieved party to demonstrate reasons for rejection.

 Serves as satisfaction for the party against whom the decision is made.
 Acts as a safeguard against arbitrary action by judicial power vested in the executive
authority.

Conclusion: The principles of natural justice, adopted by the judiciary, safeguard

public rights against arbitrary administrative decisions. These principles, driven by the
concept of fairness, are crucial at all stages of administrative proceedings to ensure
validity. Any decision violating natural justice is deemed null and void, underscoring
the indispensability of these principles for valid administrative settlements.

d) rule of Equity:

Definition
Equity is derived from the Latin word ‘acquitas’ which
means to level. It is pertinent to understand that equity in
itself is a separate legal system other than common law, for
instances where applying the principles of the common law
would have been unfair or unjust or too punitive. Equity is a
very wide term that encompasses a vast array of remedies
to ensure that the ends of justice are met to the greatest
end possible. The rule of equity is present to ensure natural
justice is present which in layman’s means that everyone
gets the justice that they need and which really is justice for
them, not merely a formal procedure where justice has
more detrimental effect over litigants.
.
Development of Equity: In India, the doctrine and Rule of equity
is followed even after decades of Independence. The Rule of
Equity has been widely adopted from the courts in England
and the pre-colonial practices, judgements and procedures.
The British East India Company came to India with the sole
intention of trading and making profits but as they gained
control over markets and eventually over the nation, they
introduced and established various courts in India. These
courts adopted the common law principles as present in
England as most of them are servants of the East India
Company. They also established a system of referring to the
judgements of courts of England or in India for similar
cases which came to be the system of precedents. In 1757,
with the victory of the East India Company in the battle of
Plassey, the Indian legal system was eventually completely
replaced by the British legal system in the presidencies of
Bombay, Madras and Calcutta. Soon, Mayors courts were
 established which were eventually replaced by the High
courts. All of these courts have adopted the principles of
common law as well as equity principles, finding a ground
between the two. Many laws and legislation, which have a
colonial origin or impact also indicate the presence of
principles of the Rule of Equity namely The Indian Contract
Act, 1872; The Specific Relief Act, 1877; The Indian trust
act, 1882; The Transfer of Property Act, 1882. For instance,
The Indian Contract Act, of 1872 has various provisions and
remedies under it that are based on these equity principles,
like, Suit for specific performance, Suit upon quantum merit
and Suit for injunction. Hence, this was the evolution of the
rule of equity.

Even after the independence of India in 1947, the

legislature continued to make laws based on the principles
of equity to ensure that the Rule of equity is present in
India and the courts are also following a common law
system.

Principles of Equity: Twelve Maxims:

. Ubi Jus Ibi Remedium (Equity will not suffer a wrong to be without a remedy):
Ensures a remedy accompanies every right granted by common law.
. Aequitas sequitur legem (Equity follows the law): Supplements, not supersedes, the
law, with discretion governed by both.
. He who seeks equity must do equity: Imposes obligations on the plaintiff to act
equitably, illustrated in various legal provisions.
. He who comes to equity must come with clean hands: Requires plaintiffs to have a
fair past conduct, denying relief if involved in inequitable acts.
. Delay defeats equity: Vigilance is vital; undue delay (laches) may lead to the
dismissal of claims.
. Equality is equity: Strives to create equality among litigating parties, aiming to
balance rights and responsibilities.
. Equity looks to the intent rather than the form: Emphasizes the spirit, not just the
letter, of contracts, allowing interpretation based on parties' intentions.
. Equity looks on that as done which ought to have been done: Considers legal
obligations fulfilled when individuals are required to perform certain acts.
. Equity imputes an intention to fulfill an obligation: Recognizes acts that
approximate the fulfillment of required obligations.
. Equity acts in personam: Applies to individuals rather than property, allowing
jurisdiction over people.
. Where the equities are equal, the first in time prevails: Grants priority to the first
equitable interest in the absence of a legal estate.
. Where the equities are equal, the law prevails: Prioritizes legal remedies when
both parties stand at an equitable position.
 Conclusion: Equity, evolving through precedent, aims to provide just and fair rights
and remedies. Its decisions, guided by discretion, complement Common Law,
ensuring justice where rigid legalities may fall short. Both equity and law contribute
to the pursuit of justice, offering remedies where needed and adhering to legal
principles when equities are equal.

Iii. Indian constitution:- salient features

1. Lengthiest Constitution in the World

 Adopted by the Constituent Assembly on November 2, 1949.

 Originally contained 395 Articles, 22 parts, and 9 schedules.
 Described as an 'elephant size' constitution.
 Has undergone 93 Amendments as of January 2003.
 Now comprises 397 Articles and 12 schedules.
 Length attributed to factors like incorporating experiences from leading constitutions,
detailed provisions, and amendments.

2. Sovereignty Resides in the People

 Constitution declared to be adopted and enacted by the people of India.

 People are considered the custodians of the republic.

3. Parliamentary Form of Government

 Establishes a parliamentary form of government at both the central and state levels.
 Prime Minister and council of Ministers are accountable to the government, especially
the Lower house (Lok Sabha).
 Features nominal and real heads - President as nominal and Prime Minister as real
head.

4. Unique Blend of Rigidity and Flexibility

 Written constitution with flexibility in the amendment procedures.

 Three methods for amendment with a simple procedure.

5. Fundamental Rights

 Part III of the constitution guarantees Fundamental Rights to all citizens.

 Encompasses Right to Equality, Right to Freedom, Freedom of Religion, and more.
 Certain restrictions on fundamental rights in the interest of public order and integrity.

6. Directive Principles of State Policy

 Part IV deals with Economic and Cultural Rights.

 Not justiciable in the court of law; implementation relies on the states' sense of moral
duty.
 7. Quasi-Federal in Nature

 Indian state is federal, but during emergencies, it assumes a unitary character.

 Federal aspects include two sets of government, division of powers, and independent
judiciary.
 Unitary aspects include the description as a "union of states" and single citizenship.

8. Adult Suffrage

 All adult citizens above 18 have the right to vote.

 Universal Adult Franchise without Communal Representation.

9. Independence of Judiciary

 Judiciary is independent from the legislature and executive.

 Judges are free from interference to give judgments without fear or favor.

10. Judicial Review

 Courts have the power to declare any law or executive act void if it violates the
constitution.
 Emphasizes the supremacy of the judiciary.

11. Fundamental Duties

 Incorporated through the 42nd amendment, comprising ten duties under Article 51.

12. Sovereignty

 India is a free and independent country, not under the domination of any foreign
country.

13. Democracy

 Introduction of representative and responsible government for political, economic,

and social democracy.

14. Republic

 The head of the state, the President, is periodically elected by the people.

15. Secular

 India is a secular state, providing equal protection to all religions and guaranteeing
freedom of religion.

16. Single Citizenship

 The constitution confers single Indian citizenship, fostering a sense of oneness.

17. Uniformity in Basic Administration

 Uniformity in critical matters of administration, such as a single integrated judicial

system and uniform laws.

18. Revolutionary

 The constitution has abolished unjust practices and provided opportunities for the
upliftment of weaker sections.

19. Lawyer's Paradise

 The complexity of the constitution leads to litigation and constitutional amendments,

making it challenging for the common man.

20. Judicial Review and Parliamentary Sovereignty Compromised

 Constitution empowers the judiciary to declare any law void if it violates the basic
framework.
 Judiciary lacks review power over important legislative policy questions.

Conclusion

 The Indian Constitution is a confluence of East and West, well-suited to the Indian
environment.
 Fundamental features include Preamble, Fundamental Rights, Directive Principles,
Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and
Liberal Democracy.
 It effectively organizes and runs the government and administration in times of peace
and war.

Process of passing of ordinary bills in india

Central legislature/parliament – it comprises of lok sabha, rajya sabha and

the legislative head, the president. The lok sabha is the lower house of the
parliament having a speaker and 530 members representing the states and
20 members representing the union territories, all elected by universal
adult franchise. The rajya sabha has vice president as its chairman, having
250 member among which 238 member are elected by single transferable
vote of the electoral college and the rest 12 are nominated by the
president.

Article 107 to article 111 deal with the legislative procedure.

It is to be noted that in the case of ordinary bills the resolution can be
passed by simple majority itself. Simple majority means more than 50%
of the members present and voting in the house.

Article 107 deals with provisions as to introduction and passing of the

bills –
1. it puts forth that subject to the provisions of articles 109 and 117
with respect to money bills and other financial bills a bill may
originate in either House of the parliament.
2. Then it says that subject to the provisions of article 1:08 and 1:09,
a bill shell not be deemed to have been passed by the Houses of
Parliament unless it has been agreed two by both houses, either
without amendment or with such amendment only as are agreed to
by both houses.
3. a bill pending in council of state or rajya sabha shall not lapse by
reason of prorogation of the houses.
4. A bill which is pending in the House of the people, or which has
been passed by the House of the people is pending in the council of
states or rajya sabha, shall, subject to the provisions of article 108,
lapse on the dissolution of House of the people.

Article 108 proposes joint sitting of both houses in certain cases, that is
when the bill has been passed by one house and transmitted to the other
house –
1. The bill is rejected by the other house
2. The house says have finally disagreed as to the amendment to Be
made in the bill
3. More than six months elapse from the date of the reception of the
bill by the other house without the bill being passed by it.
The president may, unless the bill has lapsed by the reason of
dissolution of the house, notified to the houses by message if they are
sitting or by public notification.
Article 109 lays down special procedure in respect of money bills –
1. The money bills are supposed to be introduced only in Lok Sabha.
2. After being passed in Lok Sabha it shall be transmitted to Raja
Sabha for its recommendations and those recommendations are to
be given within a period of 14 days of the receiving of the bill.
Thereafter the bill is returned to Lok Sabha with its
recommendation and it is upon Lok Sabha to accept or reject all or
any of the recommendations by the Rajya Sabha members.
3. If the House of the people accepts the recommendation of the
council of states, the money bill shall be deemed to have been
 passed by the both houses with the amendments recommended by
the Rajya Sabha and accepted by a House of the people
4. If Lok Sabha does not accept any recommendations then the
money bill shall be deemed to have been passed by both houses in
the form in which it was passed by Lok Sabha without any
amendments.
5. If the money bill has been passed by Lok Sabha and has been
transmitted to Rajya Sabha but Rajya Sabha does not return the bill
to Lok Sabha with this that recommendation within the period of
14 days then at the expiration of this period of 14 days the bill shall
be deemed to have been passed by both the Houses of Parliament.
Article 111 deals with the provisions upon the assent to the bills. When A
bill has been passed by both the Houses of Parliament, it shall be
presented to the president, and the president shall declare either that he
ascends to the bill, or he withholds assent therefrom. The article also says
that if the president returns the bill(not being money bills) back for
reconsideration to the houses of parliament and they get passed as it is
from both the houses again then the president can no more withhold his
assent.

Iv. Judicial system in india

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to apply the law to
specific cases or in settling disputes. When a dispute is brought before the courts it
‘determines the facts’ involved through evidence presented by the contestants. The law
then proceeds to decide what law is applicable to the case and applies it. If someone is
found guilty of violating the law in the course of the trial, the court will impose a penalty
on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult
to select the appropriate law for application. In such cases, the judges decide what the
appropriate law is on the basis of their wisdom and common sense. In doing so, judges
have built up a great body of ‘judge-made law’ or ‘case law.’ As per the doctrine of ‘stare
decisis’, the previous decisions of judges are generally regarded as binding on later judges
in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of
the Constitution. The conflicts of jurisdiction between the central government and the
state governments or between the legislature and the executive are decided by the court.
Any law or executive order which violates any provision of the constitution is declared
unconstitutional or null and void by the judiciary. This is called ‘judicial review.’ Judicial
review has the merit of guaranteeing the fundamental rights of individuals and ensuring a
balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not
trampled upon by the State or any other agency. The superior courts enforce Fundamental
Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the
subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give
its advisory opinions on constitutional questions. This is done in the absence of disputes
and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or
administrative in nature. The courts may grant certain licenses, administer the estates
(property) of deceased persons and appoint receivers. They register marriages, appoint
guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs
the important task of settling disputes between the centre and states. It also acts as an
arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head commissions that
enquire into cases of errors or omissions on the part of public servants.
 Heirarchy of courts in india

The kinds of jurisdictions!

1. Pecuniary Jurisdiction

 Definition: Refers to the court's power to decide cases within monetary limits.
 Example: Civil Judge Junior Division can't try suits exceeding Rs. 50,000.

2. Territorial Jurisdiction

 Definition: Refers to the geographical limits of the court to decide cases.

 Example: Suit property in Kolkata cannot be tried in Bombay.

3. Subject Matter Jurisdiction

 Definition: Refers to the court's power to try cases related to a specific subject.
 Example: District Consumer Redressal Forum has jurisdiction over consumer goods
cases.

4. Exclusive Jurisdiction

 Definition: Refers to a court's exclusive power over cases specified in contracts.

 Example: Disputes subject to Puri courts' jurisdiction will be tried there.

5. Concurrent Jurisdiction

 Definition: Refers to the power of multiple courts from different jurisdictions to try
specified suits.
 Example: Disputes can be tried at Puri courts or courts in New Delhi.

6. Appellate Jurisdiction

 Definition: Refers to a court's power to decide appeals from subordinate courts.

 Example: State High Court has appellate jurisdiction over District Courts.

7. Original Jurisdiction

 Definition: Refers to a court's power to take initial notice of a matter.

 Example: Family court has original jurisdiction over family dispute cases.

8. Special Jurisdiction

 Definition: Power given to courts to try suits of a special nature.

 Example: Fast-track courts with special jurisdiction to try juvenile cases.

9. Legal Jurisdiction

 Definition: Power provided to courts by statutes, Constitution, etc.

 Example: Discretionary and inherent power of courts.

10. Extending Jurisdiction

 Definition: Involves courts interpreting and describing jurisdiction for specific cases.
 Example: Parliament of India may extend or exclude the jurisdiction of High Courts
by law.

Jurisdiction of the High Court

1. Original Jurisdiction
It refers to the ability of a high court to hear disputes in the first instance rather than on appeal. It
applies to the following:
Disputes of admiralty and contempt of court.
Disputes over the election of members of Parliament and state legislatures
In relation to a revenue matter or an act ordered or performed in the course of revenue collection.
Protection of citizens’ fundamental rights.
Cases ordered to be transferred from a subordinate court to its own file involving constitutional
interpretation.
In cases of higher value, the four high courts (Calcutta, Bombay, Madras, and Delhi High Courts)
have original civil jurisdiction.

2. Writ Jurisdiction
Article 226 of the Constitution authorises a high court to issue writs such as for enforcement of
fundamental rights and for any other purpose.
The phrase “for any other purpose” refers to the enforcement of a common legal right.
The high court has the authority to issue writs to any person, authority, or government not only
within its territorial jurisdiction but also outside it if the cause of action arises within its territorial
jurisdiction.
The high court’s writ jurisdiction is not exclusive, but rather concurrent with the Supreme Court’s
writ jurisdiction (under Article 32).
It means that when a citizen’s fundamental rights are violated, the aggrieved party has the option
of directly moving either the high court or the Supreme Court.
However, the high court’s writ jurisdiction is broader than that of the Supreme Court.
This is because the Supreme Court can only issue writs for the enforcement of fundamental rights
and not for any other purpose, which means that it does not apply in cases where an ordinary legal
right is allegedly violated.

3. Appellate Jurisdiction
A high court is primarily a court of appeal. It hears appeals againstsubordinate court decisions
rendered within its territorial jurisdiction.
In both civil and criminal cases, it has appellate jurisdiction.
Civil Jurisdiction entails district court, civil district court, and subordinate court decisions and
judgments.
Criminal Jurisdiction comprises decisions and orders of the Sessions Court and Additional
Sessions Court.
As a result, a high court’s appellate jurisdiction extends beyond its original jurisdiction.

4. Supervisory Jurisdiction
A high court has the authority to superintend all courts and tribunals operating within its territorial
jurisdiction (except military courts or tribunals).
This power of superintendence of a high court is very broad because:
It extends to all courts and tribunals, whether or not they are subject to the high court’s appellate
jurisdiction;
It covers both administrative and judicial superintendence;
It is a revisional jurisdiction; and
It can be suo-motu (on its own) and not necessarily on the application of a party.
This power, however, does not give the high court unrestricted authority over the lower courts and
tribunals.
Since it is an extraordinary power, it should be used sparingly and only in appropriate cases.
5. Control over Subordinate Courts
A high court has administrative control and other powers over subordinate courts in addition to its
appellate and supervisory jurisdiction over them. It includes the following:
It advises the governor on the appointment, posting, and promotion of district judges, as well as
the appointment of individuals to the state’s judicial service (other than district judges).
It deals with the posting, promotion, leave, transfers, and discipline of members of the state’s
judicial service (other than district judges).
It has the authority to withdraw a case pending in a subordinate court if it involves a substantial
question of law requiring constitutional interpretation.
 It can then either decide the case on its own or decide the question of law and return the case to the
subordinate court with its decision.
Its law is binding on all subordinate courts operating within its territorial jurisdiction in the same
way that the Supreme Court’s decision is binding on all courts in India.

6. A Court of Record
A high court has two powers as a court of record:
The high courts’ judgments, proceedings, and acts are recorded for perpetual memory and
testimony.
When produced before any subordinate court, these records are admitted to have evidentiary value
and cannot be questioned.
They are accepted as legal precedents and references.
It has the authority to punish for contempt of court with simple imprisonment, a fine, or both.
A high court, as a court of record, has the authority to review and correct its own judgement, order,
or decision, despite the fact that no specific power of review is granted to it by the Constitution.
The Supreme Court, on the other hand, has been expressly granted review power by the
constitution.

7. Power of Judicial Review

Judicial review refers to a high court’s authority to examine the constitutionality of legislative acts
and executive orders issued by both the central and state governments.
If they are found to be in violation of the Constitution (ultra-vires), the high court can declare them
illegal, unconstitutional, and invalid (null and void). As a result, the government cannot enforce
them.
Though the term “judicial review” is not used in the Constitution, the provisions of Articles 13 and
226 explicitly grant the high court the power of judicial review.
The constitutional validity of legislative enactment or an executive order can be challenged in a
high court on three grounds:
It violates fundamental rights (Part III);
It is outside the competence of the authority that framed it; and
It violates the provisions of the constitution.
The 42nd Amendment Act of 1976 limited the high court’s judicial review power. It prohibited the
high courts from considering the constitutionality of any central law.
The 43rd Amendment Act of 1977, however, restored the original position.

Jurisdiction of the Supreme Court

1. What is Original Jurisdiction?

As a Federal court, the Supreme Court decides disputes between different units of the Indian
Federation. More elaborately, any dispute between:
The Centre and one or more states; or
The Centre and any state or states on one side and one or more states on the other; or
Between two or more states.
In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
Further, this jurisdiction of the Supreme Court does not extend to the following:
A dispute arising out of any pre-Constitution treaty, agreement, covenant,
Engagement, sanad or other similar instrument.
A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said
jurisdiction does not extent to such a dispute.
Inter-state water disputes.
Matters referred to the Finance Commission.
Adjustment of certain expenses and pensions between the Centre and the states.
Ordinary dispute of Commercial nature between the Centre and the states.
Recovery of damages by a state against the Centre.
2. What is Writ Jurisdiction?
The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition,
quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen
can go directly to the Supreme Court, not necessarily by way of appeal.
 However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also
empowered to issue writs for the enforcement of the Fundamental Rights.
3. What is Appellate Jurisdiction?
The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the
lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
Appeals in constitutional matters
Appeals in civil matters
Appeals in criminal matters
Appeals by special leave
4. What is Advisory Jurisdiction?
The Constitution under Article 143 authorises the President to seek the opinion of the Supreme
Court in the two categories of matters:
On any question of law or fact of public importance which has arisen or which is likely to arise.
On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, other
similar instruments.
5. What is a Court of Record?
As a Court of Record, the Supreme Court has two powers:
The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory
and testimony. These records are admitted to be of evidentiary value and cannot be questioned
when produced before any court.
They are recognised as legal precedents and legal references.
It has power to punish for contempt of court, either with simple imprisonment for a term up to six
months or with fine up to 2,000 or with both.


Conclusion

Equal Importance of High Court and Supreme Court:


 Both are crucial in resolving disputes affecting citizens' fundamental rights.
 Functioning based on the nature of disputes, whether territorial or personal.

Role of Supreme Court in Government Disputes:

 Supreme Court addresses disputes between the central government and states.

Importance of Functioning:

 Both courts play a vital role in ensuring the proper functioning of the legal
system.
 Resolving disputes crucial for upholding citizens' rights and maintaining
justice.
 International political order

I. United nations: agencies and functions

The United Nations (UN) is an international organization that

was established in 1945. The UN was created by 51 countries after
World War II to prevent future wars, maintain international peace and
security, and promote human rights. The UN succeeded the League
of Nations, which was considered ineffective.

The UN's main functions include:

 Maintaining international peace and security

 Developing friendly relations among nations
 Promoting respect for human rights
 Coordinating aid in disaster situations
 Providing help on global issues such as drug trafficking and the environment

The UN has four main purposes:

 Helping nations work together to improve the lives of poor people

 Conquering hunger, disease, and illiteracy
 Encouraging respect for each other's rights and freedoms
 Harmonizing the actions of nations to achieve these goals

The UN's six principal organs include:

 The International Court of Justice

 The UN Secretariat
 The Regional Economic Commissions
 The Security Council
 The General Assembly
 The Committee Guidelines
 Agencies
FAO: Food and Agriculture Organization
.
 Establishment Date: October 16, 1945
 Headquarters: Rome, Italy
 Functions:
 Eliminate hunger and improve nutrition worldwide.
 Promote sustainable agriculture and rural development.
 Conduct research and provide policy advice on
agricultural issues.
 Implement projects to enhance food security and
address food crises.
 Collaborate with governments and other organizations
to achieve its goals.
.
ICAO: International Civil Aviation Organization
.
 Establishment Date: April 4, 1947
 Headquarters: Montreal, Canada
 Functions:
 Promote the development of international civil aviation
standards.
 Facilitate cooperation among member states in the
planning and development of air transport.
 Ensure the safety, security, and efficiency of
international air travel.
 Address environmental issues related to aviation.
 Provide assistance and guidance to member states in
areas related to civil aviation.
.
IFAD: International Fund for Agricultural Development
.
 Establishment Date: December 15, 1977
 Headquarters: Rome, Italy
 Functions:
 Invest in rural development projects to reduce poverty
and improve living conditions.
 Provide financial resources to help smallholder farmers
increase productivity.
 Support rural communities in building sustainable
agricultural practices.
 Promote inclusive financial services for rural
populations.
 Advocate for policies that benefit rural areas and
marginalized communities.
.
 ILO: International Labour Organization
.
 Establishment Date: April 11, 1919
 Headquarters: Geneva, Switzerland
 Functions:
 Develop and promote international labor standards and
conventions.
 Foster social justice and decent working conditions
globally.
 Provide technical assistance and advisory services on
labor and employment issues.
 Conduct research and analysis on labor-related topics.
 Facilitate dialogue between governments, employers,
and workers to address labor challenges.
.
IMF: International Monetary Fund
.
 Establishment Date: December 27, 1945
 Headquarters: Washington, D.C., USA
 Functions:
 Promote international monetary cooperation and
exchange rate stability.
 Provide financial assistance to member countries facing
balance of payments problems.
 Conduct economic surveillance and analysis to identify
global economic trends.
 Offer policy advice and technical assistance to member
countries.
 Foster international monetary cooperation to facilitate
the growth of world trade.
.
IMO: International Maritime Organization
.
 Establishment Date: March 6, 1958
 Headquarters: London, United Kingdom
 Functions:
 Develop and maintain a comprehensive regulatory
framework for shipping.
 Enhance the safety and security of international
shipping.
 Prevent marine pollution from ships.
 Facilitate cooperation among governments and the
shipping industry.
 Provide technical assistance and capacity-building in
maritime matters.
.
 UNICEF: United Nations International Children's Emergency
Fund
.
 Establishment Date: December 11, 1946
 Headquarters: New York City, USA
 Functions:
 Promote the rights and well-being of children worldwide.
 Provide emergency assistance to children and mothers
in need.
 Support health, nutrition, education, and protection
programs for children.
 Advocate for policies and partnerships that benefit
children.
 Work to ensure that every child has the opportunity to
survive and thrive.
.
UNESCO: United Nations Educational, Scientific and Cultural
Organization
.
 Establishment Date: November 16, 1945
 Headquarters: Paris, France
 Functions:
 Promote international collaboration in education,
science, and culture.
 Advance education for sustainable development and
global citizenship.
 Protect and promote cultural heritage around the world.
 Foster freedom of expression and access to information.
 Support scientific research and the dissemination of
knowledge.

These agencies play crucial roles in addressing global challenges

and promoting cooperation among nations in their respective fields.

ii . international organization

iv. Balance of power

In International Relations an equilibrium of power sufficient to discourage or present one nation or

prevent one nation from imposing its will on or interfering with the interests of another. Balance of
Power, theory and policy of international relations that asserts that the most effective check on the
power of a state is the power of other states. In international relations, the term state refers to a
country with a government and a population. The term balance of power refers to the distribution of
power capabilities of rival states or alliance.

The balance of power theory maintains that when one state or alliance Increases its power or applies
it more aggressively; threatened states will increase their own power in response, often by forming a
counter-balancing coalition. Balance of Power is a central concept in neorealist theory.

It is difficult to give exact definition to balance of power because as Martin Wright says the notion is
notoriously full of confusions. Inis.L.Claude also says: The trouble with the balance power is not that it
has no meaning but that it has too many meanings But essential idea is very simple but when
principle is applied to the international relations , the concept of power means that through shifting
alliances and countervailing pressures ,no one power or combinations of powers will be allowed to
grow so strong as to threaten the security of the rest as per Palmer and Perkins.

And finally Hartman explains concept of Balance of Power in International Relations as a system in the
sense that one power bloc leads to the emergence of other and it ultimately leads to a network of
alliances. The concept of balance of power rests on the assumption that excessive power anywhere in
the system is a threat to the existence of the other units and that most effective antidote of power is
power.

Balance of Power and International Relations

As a policy, balance of power suggests that states counter any threat to their security by allying with
other threatened states and by increasing their own military capabilities. The policy of forming a
geographically based coalition of states to surround and block an expansionist power is known as
containment. For example, the United States followed a containment policy towards the Soviet Union
after World War II by building military alliances and bases throughout Europe, the Middle East, and
Asia.

As a theory, balance of power predicts that rapid changes in international power and status—
especially attempts by one state to conquer a region—will provoke counterbalancing actions. For this
reason, the balancing process helps to maintain the stability of relations between states

However, defining balance of power precisely is challenging due to its multifaceted nature. The core
principle is preventing any power from growing excessively strong and jeopardizing others’ security,
achieved through shifting alliances and countervailing pressures.
In practice, the policy of balance of power involves states countering threats by forming alliances and
increasing military capabilities. The containment policy, exemplified by the U.S. against the Soviet
Union post-World War II, is an application of this approach.
Historically, balance of power has been observed in various contexts, such as ancient China and
classical Greece, where alliances formed against rising powers. In the 19th century, Europe saw a
balance established through the Concert of Europe after defeating Napoleon.

Balance of power : cold war between us and soviet union ( 1945 to 1991)

Balance of power so perfectly described the polarity of the Cold War that it became integral to,
indeed practically synonymous with, the concept of the East-West order. Although the image was so
familiar as to be almost transparent, a great deal of political presumption was locked within its
crystalline structure. East and West existed, and there was a “balance” between them that
presumably somehow “weighed” a quality called power, possessed by the enemies, each side, in the
way material objects possess mass. This enemy, real enough, but also postulated by the balance of
power-without an enemy, what would be balanced?-served to solidify political alliance, and hence
political identity, on both sides. Throughout the Cold War, divisions among states party to the North
Atlantic Treaty Organization (NATO) or the Warsaw Pact, as well as divisions within each state, were
obscured by the need to maintain a common front against the enemy.
While the balance of power remains a significant concept, its effectiveness and relevance evolve in
the dynamic landscape of contemporary international relations.

Balance of Power Today

The collapse of the Soviet Union in 1991 left the United States as the world’s sole superpower.
Balance of power theory suggests that without the Soviet threat the United States, as the dominant
world power, will face difficulties in its relations with such states as China and the European powers.
For example, key countries such as China, Russia, France, and Germany all opposed the United States
invasion of Iraq in 2003 in diplomatic arenas such as the United Nations. Yet this opposition did not
stop the United States from acting, exposing the significant gap in military capability that now exists
between the United States and the rest of the world. Small states that fear the United States are no
longer able to join a counterbalancing coalition to protect their security. Instead, many are developing
nuclear weapons in an attempt to dramatically expand their military capability. For example, North
Korea claimed in 2003 that it was developing nuclear weapons to balance against U.S. power.
The changing nature of power In the contemporary international system further complicates the
operation of the global balance of power. Globalization, the Internet, weapons of mass destruction,
and other technological developments have made it possible for small states and even non state
groups to acquire significant power. These factors also dilute the relative importance of military
power. For example, after the terrorist attacks of September 11, 2001, the United States assembled a
broad coalition to invade Afghanistan, using military force to topple the Taliban government and end
the Taliban’s support for al-Qaeda terrorists. This application of military power did not provoke a
balancing coalition of other states, but it also did not end the terrorist threat to the United States. In
the future, the balance of power may continue to operate among states engaged in prolonged
disputes, but it is less applicable to conflicts involving terrorists and other non state groups.

Effect
The balance of power between countries is key to maintaining stability in the international system. It
has advantages like preventing wars and conflicts and safeguarding weaker nations, but there are also
disadvantages like potential stalemates and escalated tensions.

International terrorism
International terrorism: Violent, criminal acts committed by individuals and/or groups who are
inspired by, or associated with, designated foreign terrorist organizations or nations (state-
sponsored).
Domestic terrorism: Violent, criminal acts committed by individuals and/or groups to further
ideological goals stemming from domestic influences, such as those of a political, religious, social,
racial, or environmental nature.

India has a very clear policy regarding terrorism, that is , it criticizes all kinds of terrorists activities.
Unlike usa which unofficially of course divides terrorism into two kinds_ good terrorism and bad
terrorism.

Some known international terrorist organization are:

Al-Qaeda
Taliban
ISIS (Islamic State of Iraq and Syria)
Boko Haram
Hamas
Hezbollah
Al-Shabaab
PKK (Kurdistan Workers' Party)
FARC (Revolutionary Armed Forces of Colombia)
Ways to counter international terrorism
In today’s globalized society, no country is immune to terrorism and no country can effectively deal
with terrorism alone. Southeast Asia has also been afflicted by the scourge of violence by terrorist and
violent extremist groups. These threats intersect with ongoing conflicts and insurgencies, with some
countries undergoing post-conflict transitional processes. Links between groups within the region
pose heightened challenges as tactics, materials, and other forms of support can be easily exchanged.
Terrorists are adept at exploiting countries with weak counter-terrorism capabilities, and even those
countries which do not currently encounter terrorism threats, such as the countries in the Pacific
should ensure adequate counter-terrorism preparedness. National action and international
cooperation are key elements for addressing these issues effectively. The ability to successfully
address the challenges depends heavily on the capacity of national criminal justice systems to
administer fair and effective justice for perpetrators of terrorist crimes, and to undertake effective
preventive measures in accordance with the rule of law.

Regional Responses:

Regional leaders have made clear terrorism prevention policy pronouncements and have adopted the
ASEAN Convention on Counter Terrorism (2007), ASEAN Comprehensive Plan of Action on Counter
Terrorism (2017), the ASEAN Plan of Action and Workplan to Prevent and Counter the Rise of
Radicalisation and Violent Extremism (2018-2025), and the Pacific Island Forum adopted the Boe
Declaration on Regional Security (2018).

Steady progress is being achieved regarding the ratification of international counter-terrorism (CT)
instruments, with some countries having already ratified up to 13, and most countries have CT
legislative provisions in place. However, many states need to undertake a review of their CT legislative
provisions and adopt legislative modifications for establishing full compliance with the provisions of
all 19 instruments, related UN Security Council resolutions and Financial Action Task Force
Recommendations, as well as the UN Global Counter-Terrorism Strategy.

Our Approach:

 Stay abreast of national and regional developments in the terrorism landscape to ensure
tailored and evidence-based interventions are developed;
 Support the development and implementation of legislation, policies and strategies against
terrorism and its financing in line with international standards and best practices;
 Build capacity of government agencies and non-governmental actors to respond to terrorism
and terrorism financing cases in accordance with human rights principles and rule-of-law
based standards;
 Support a whole-of-society approach to prevention of violent extremism and terrorism;
Enhancing mechanisms for regional and international cooperation.

Peace and security

There have been 2 world wars – 1914 to 1918, 1939 to 1945, the loss incurred by all power groups on
both the sides was irreparable because it was not just of money, or materials Of warfare but also of
lots of human being too. In response to these wars 2 orgainsations were formed 1st being the league
of nations formed in 1919 which failed and then there was after the 2nd world war the united nations

These three principles are inter-related and mutually reinforcing: Consent of the parties. Impartiality.
Non-use of force except in self-defence and defence of the mandate

It is needless and unnecessary to explain how important peacekeeping is for the subsistence of
human life , since every nation which is capable of initiating the war as well as retaliating it has simple
access to the nuclear bombs and it is not unknown to us as ti what the a nuclear bombing can result
into- total destruction, in heroshima and nagasakhi still babies with abnormalities are born due to
gene mutation.

India’s stand
Article 51 of the Constitution which is a Directive Principle of State Policy directs the state to promote
international peace and security and maintain just and honorable relations between nations. It
further directs the state to respect International law and treaty obligations and settle disputes
peacefully.

The geopolitical situation

 Russia expanding
 Iran and Palestine conflict
 Stand of usa
 Stand of india
 China and india

The organisations formed to ensure peace and security-

Regional organizations.

1.ASEAN ( Association of South-East Asian Nations)

It is a political and economic organization of 10 South-East Asian nations

Formed in 1967
Founding members: Indonesia, Malaysia, the Philippines, Singapore, and Thailand
HQ: Jakarta, Indonesia
Current members are:

1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
6. Brunei
7. Cambodia
8. Laos
9. Myanmar (Burma)
10. Vietnam

AiM:

Accelerating economic growth, social progress, and socio-cultural evolution among its members,
Protection of regional stability
Providing a mechanism for member countries to resolve differences peacefully
‘The ASEAN Way’ means : Doctrine that the member countries will largely mind their own business
when it comes to internal matters of member countries
ASEAN Plus Three: Was created to improve existing ties with the China, Japan and South Korea.
If the ASEAN nations were a single country, their combined economy would rank the 7th largest in the
world
India:

Has and FTA with ASEAN (operational since 2010)

2.APEC (Asia-Pacific Economic Cooperation)

It is a regional economic forum of 21 Pacific Rim countries

Established in 1989
HQ: Singapore
APEC’s 21 members aim to promote free trade throughout the Asia- Pacific region.
APEC account for about half the world’s trade and almost 60% of global trade
· It established in response to the growing interdependence of Asia-Pacific economies and the advent
of regional trade blocs in other parts of the world
To fears that highly industrialized Japan (a member of G8 ) would come to dominate economic activity
in the Asia-Pacific region
To establish new markets for agricultural products and raw materials beyond Europe
India has requested membership in APEC, and received initial support from the United States, Japan,
Australia and Papua New Guinea. Officials have decided not to allow India to join for various reasons,
considering that India does not border the Pacific Ocean, which all current members do. However,
India was invited to be an observer for the first time in November 2011.

4. BBIN ( Bangladesh, Bhutan, India and Nepal)

It is a sub-regional architecture of these four countries.

Aims to formulate, implement and review quadrilateral agreements across areas such as water
resources management, connectivity of power, transport, and infrastructure.
5. BCIM Bangladesh-China-Inida-Myanmar

Aim: greater integration of trade and investment between the four countries
BCIM economic corridor is an initiative conceptualised for significant gains through sub-regional
economic co-operation with BCIM
The multi-modal corridor will be the first expressway between India and China and will pass through
Myanmar and Bangladesh
BCIM evolved from ‘Kunming Initiative’

5.BIMSTEC ( Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation)
·

It is an international organisation involving a group of countries in South Asia and South East Asia.
Established in 1997 in Bangkok. Bangladesh, India, Sri Lanka, and Thailand were founding members.
Now it has seven members.
Headquarters is in Dhaka, Bangladesh
Present members :
1. Bangladesh
2. India
3. Myanmar
4. Sri Lanka
5. Thailand
6. Bhutan
7. Nepal

The main objective of BIMSTEC is technological and economic cooperation among south Asian and
south-east Asian countries along the coast of the Bay of Bengal. Commerce, investment, technology,
tourism, human resource development, agriculture, fisheries, transport and communication, textiles,
leather etc. have been included in it
BIMSTEC uses the alphabetical order for chairmanship

6.BRICS (Brazil, Russia, India, China and South Africa )

Originally the first four were grouped as “BRIC” (or “the BRICs”), before the induction of South Africa
in 2010.
The BRICS members are all leading developing or newly industrialized countries, but they are
distinguished by their large, sometimes fast-growing economies and significant influence on regional
affairs; all five are G-20 members.
The five BRICS countries represent half of the world population; all five members are in the top 25 of
the world by population.
The New Development Bank (NDB), formerly referred to as the BRICS Development Bank, is a
multilateral development bank established by the BRICS states.
The bank is headquartered in Shanghai, China. The first regional office of the NDB will be opened in
Johannesburg, South Africa.

10.The Indian Ocean Rim Association (IORA)

The Indian Ocean Rim Association (IORA), formerly known as the Indian Ocean Rim Initiative and
Indian Ocean Rim Association for Regional Cooperation (IOR-ARC), is an international organisation
consisting of coastal states bordering the Indian Ocean.
The IORA is a regional forum, tripartite in nature, bringing together representatives of Government,
Business and Academia, for promoting co-operation and closer interaction among them.
It is based on the principles of Open Regionalism for strengthening Economic Cooperation particularly
on Trade Facilitation and Investment, Promotion as well as Social Development of the region. The
Coordinating Secretariat of IORA is located at Ebene, Mauritius.
21 member states : South Africa, Mozambique, Tanzania, Kenya, Madagascar, Comoros, Mauritius,
Seychelles, Iran, Oman, UAE, Yemen, India, Sri Lanka, Bangladesh, Malaysia, Indonesia, Singapore,
Thailand, Australia and Somalia.
Maldives, Pakistan, Saudi Arabia, Myanmar are not members
The organisation was first established as Indian Ocean Rim Initiative in Mauritius on March 1995 and
formally launched in 1997 by the conclusion of a multilateral treaty known as the Charter of the
Indian Ocean Rim Association for Regional Co-operation.

11.The Mekong-Ganga Cooperation

The Mekong-Ganga Cooperation (MGC) is an initiative by six countries – India and five ASEAN
countries, namely, Cambodia, Lao PDR, Myanmar, Thailand and Vietnam for cooperation in tourism,
culture, education, as well as transport and communications.
It was launched in 2000 at Vientiane, Lao PDR.

12.Transatlantic Trade and Investment Partnership (TTIP)

The Transatlantic Trade and Investment Partnership (TTIP) is an ambitious, comprehensive, and high-
standard trade and investment agreement being negotiated between the United States and the
European Union (EU).
TTIP will help unlock opportunity for American families, workers, businesses, farmers and ranchers
through increased access to European markets for Made-in-America goods and services. This will help
to promote U.S. international competitiveness, jobs and growth.
Its main three broad areas are:
Market access;
Specific regulation; and
Broader rules and principle s and modes of co-operation

13.Shanghai Cooperation Organisation

The Shanghai Cooperation Organisation (SCO), or Shanghai Pact, is a Eurasian political, economic, and
military organisation which was founded in 2001 in Shanghai by the leaders of China, Kazakhstan,
Kyrgyzstan, Russia, Tajikistan, and Uzbekistan.
These countries, except for Uzbekistan had been members of the Shanghai Five, founded in 1996;
after the inclusion of Uzbekistan in 2001, the members renamed the organisation. On July 10, 2015,
the SCO decided to admit India and Pakistan as full members.

14.SAARC

The South Asian Association for Regional Cooperation (SAARC) is the regional international
organization and geopolitical union of nations in South Asia. Its member states include.
Afghanistan,BhutanPakistan,Bangladesh,India,Nepal,Maldives, Sri Lanka.

SAARC comprises 3% of the world’s area, 21% of the world's population and 3.8% of the global
economy. SAARC was founded in Dhaka, Bangladesh on 8th December, 1985.
Its secretariat is based in Kathmandu Nepal. The organization promotes development of economic
and regional integration.
It launched the South Asian free trade area in 2006. SAARC maintains permanent diplomatic relations
at the United Nations as an observer and has developed links with multilateral entities, including the
European Union.

15.OECD

The Organisation for Economic Co-operation and Development (OECD) is an intergovernmental

economic organization with 35 member countries, founded in 1960 to stimulate economic progress
and world trade.
The mission of the OECD is to promote policies that will improve the economic and social well-being
of people around the world.
It is a forum of countries describing themselves as committed to democracy and the market economy,
providing a platform to compare policy experiences, seeking answers to common problems, identify
good practices and coordinate domestic and international policies of its members.
Most OECD members are high-income economies with a very high Human Development Index (HDI)
and are regarded as developed countries.
The OECD headquarter at Paris, France. The OECD is funded by contributions from member
Members are_ new Zealand, japan, italy, korea, france, australia, and more

16.G20

The G20 or Group of Twenty is an international forum for the governments and central bank
governors from 20 major economies.
It was founded in 1999 with the aim of studying, reviewing, and promoting high-level discussion of
policy issues pertaining to the promotion of international financial stability.
It seeks to address issues that go beyond the responsibilities of any one organization. The G20 heads
of government or heads of state have periodically conferred at summits since their initial meeting in
2008, and the group also hosts separate meetings of finance ministers and central bank governors.
The G20 membership comprises a mix of the world’s largest advanced and emerging economies,
representing about two-thirds of the world’s population, 85 per cent of global gross domestic product
and over 75 per cent of global trade.
The work of G20 members is supported by several international organisations that provide policy
advice. The G20 also regularly engages with non-government sectors. Engagement groups from
business (B20), civil society (C20), labour (L20), think tanks (T20) and youth (Y20) are holding major
events during the year, the outcomes of which will contribute to the deliberations of G20 leaders.
The heads of the G20 nations met semi-annually at G20 summits between 2009 and 2010.
Since the November 2011 Cannes summit, all G20 summits have been held annually.
17.OPEC
Organization of the Petroleum Exporting Countries (OPEC) is an intergovernmental organization of 13
nations, founded in 1960 in Baghdad by the first five members (Iran, Iraq, Kuwait, Saudi Arabia,
Venezuela), and headquartered since 1965 in Vienna.
Countries accounted for an estimated 42 % of global oil production and 73 % of the world’s oil
reserves, giving OPEC a major influence on global oil prices that were previously determined by
American-dominated multinational oil companies.
Two-thirds of OPEC’s oil production and reserves are in its six Middle Eastern countries that surround
the oil-rich Persian Gulf.
The formation of OPEC marked a turning point toward national sovereignty over natural resources,
and OPEC decisions have come to play a prominent role in the global oil market and international
relations.
18.TPP

The Trans-Pacific Partnership (TPP), or the Trans-Pacific Partnership Agreement (TPPA), is a trade
agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru,
Singapore, the United States (until January 23, 2017) and Vietnam.
The finalized proposal was signed on 4 February 2016 in Auckland, New Zealand, concluding seven
years of negotiations.
It currently cannot be ratified due to U.S. withdrawal from the agreement on 23 January 2017. The
former Obama administration claimed that the agreement aimed to "promote economic
growth; support the creation and retention of jobs; enhance innovation, productivity and
competitiveness; raise living standards; reduce poverty in the signatories; countries; and promote
transparency, good governance, and enhanced labour and environmental protections.
The TPP contains measures to lower”both non-tariff and tariff barriers to trade, and establish an
investor-state dispute settlement (ISDS) mechanism.
19.RCEP

Regional Comprehensive Economic Partnership (RCEP) is a proposed free trade agreement (FTA)
between the ten member states of the Association of Southeast Asian Nations (ASEAN)

 Brunei

 Cambodia

 Indonesia

 Laos

 Malaysia

 Myanmar

 Philippines

 Singapore

 Thailand

 Vietnam and the six states with which ASEAN has existing free trade agreements:

(Australia, China, India, Japan, South Korea and New Zealand).

RCEP negotiations were formally launched in November 2012 at the ASEAN Summit in Cambodia. The
agreement is scheduled to be finalized by the end of 2017. RCEP is viewed as an alternative to the
Trans-Pacific Partnership (TPP), a proposed trade agreement which includes several Asian and
American nations but excludes China and India.
20. Nuclear Suppliers Group (NSG)

Nuclear Suppliers Group (NSG) is a multinational body concerned with reducing nuclear proliferation
by controlling the export and re-transfer of materials that may be applicable to nuclear weapon
development and by improving safeguards and protection on existing materials.
The NSG was set up in 1974 as a reaction to India’s nuclear tests to stop what it called the misuse of
nuclear material meant for peaceful purposes.
Currently, it has 48 members and works by consensus.
In 2008, the NSG participating governments agreed to grant India a “clean waiver” from its existing
rules, which forbid nuclear trade with a country which has not signed the Nuclear Non-
ProliferationTreaty (NPT).
Background:

India sought membership of the NSG in 2008, but its application hasn’t been decided on, primarily
because signing the NPT or other nuclear moratoriums on testing is a pre-requisite.
The NSG works under the principle of unanimity and even one country’s vote against India will scuttle
its bid.
However, India has received a special waiver to conduct nuclear trade with all nuclear exporters.
India, Pakistan, Israel and South Sudan are among the four UN member states which have not signed
the NPT, the international pact aimed at preventing the spread of nuclear weapons.

21. Missile Technology Control Regime (MTCR):

It was established in April 1987 by G-7 countries – USA, UK, France, Germany, Canada, Italy, and
Japan, to check the spread of unmanned delivery systems capable of carrying nuclear weapons of
above 500kg for more than 300km.
In 1992, it was extended for all types of weapons of mass destruction.
Now, it has 35 full members including India and 4 “non-adherent members” – Israel, Macedonia,
Romania, Slovakia.
China is not a member of this regime but it had verbally pledged to adhere to its original guidelines
but not to the subsequent additions.
It is not a legally-binding treaty. Hence, no punitive measures could be taken against non-compliance
to the guidelines of the regime.
It is a multilateral, consensus–based grouping of 35 member countries who are voluntarily committed
to the non-proliferation of missiles capable of carrying chemical, biological and nuclear weapons of
mass destruction (WMDs).
It controls the export of the technologies and materials involved in ballistic missile systems and
unmanned aerial vehicles particularly capable of carrying nuclear warheads of above 500kg payload
for more than 300 km.
This is a non–treaty association of member countries with certain guidelines about the information
sharing, national control laws and export policies for missile systems and a rule-based regulation
mechanism to limit the transfer of such critical technologies of these missile systems.

22. Australia Group

The Australia Group (AG) is an informal forum of countries which, through the harmonisation of
export controls, seeks to ensure that exports do not contribute to the development of chemical or
biological weapons.
Coordination of national export control measures assists Australia Group participants to fulfil their
obligations under the Chemical Weapons Convention and the Biological and Toxin Weapons
Convention to the fullest extent possible.
This is achieved by members through the harmonisation of export controls like using licensing
measures.
It was established in the background of use of chemical weapons (in the form of nerve agents and
sulphur mustard) by Iraq in the Iran-Iraq war in the 1980s.
Members: 42 countries + European Union
All member countries are members of the Biological and Toxins Weapons Convention (BTWC) and
Chemical Weapons Convention (CWC)

23. WASSENAAR ARRANGEMENT

The Wassenaar Arrangement was established to contribute to regional and international security and
stability by promoting transparency and greater responsibility in transfers of conventional arms and
dual-use goods and technologies, thus preventing destabilizing accumulations.
It was established in 1996 in Wassenaar, the Netherlands, which is near The Hague.
Members: 42 member states.
All permanent members of UN Security Council except China are its members.
Participating States seek, through their national policies, to ensure that transfers of these items do
not contribute to the development or enhancement of military capabilities which undermine these
goals, and are not diverted to support such capabilities.

24. International Organization for Migration (IOM)

As of September 2016, it became a related organization of the United Nations.

Its headquarters is in Geneva, Switzerland.
IOM is the leading inter-governmental organization in the field of migration and works closely with
governmental, intergovernmental and non-governmental partners.
With 169 member states, a further 8 states holding observer status and offices in over 100
countries,IOM is dedicated to promoting humane and orderly migration for the benefit of all.
It does so by providing services and advice to governments and migrants.
India is a member of IOM.
IOM works to help ensure the orderly and humane management of migration, to promote
international cooperation on migration issues, to assist in the search for practical solutions to
migration problems and to provide humanitarian assistance to migrants in need, including
Refugees and internally displaced people.
IOM works in the four broad areas of migration management:
Migration and development.
Facilitating migration.
Regulating migration.
Forced migration.

25. International Economic Association (IEA)

The IEA was founded in 1950 as a Non-Governmental Organization, at the instigation of the Social
Sciences Department of UNESCO.
It has since its creation maintained information and consultative relations with UNESCO and is since
1973 a federated member of the International Social Science Council.
Its aim has been to promote personal contacts and mutual understanding among economists in
different parts of the world through the organization of scientific meetings, through common research
programs and by means of publications of an international character on problems of current
importance.
The IEA is governed by a Council, composed of representatives of all Member Associations as well as a
limited number of co-opted members.
The Council meets triennially when it reviews the general policy of the Association and elects the
President and other Officers and members of the Executive Committee for a three-year term of office.
Amongst the past presidents of IEA were the Nobel Laureates Robert Solow, Amartya Sen and Joseph
Stiglitz.

26. INDIA-BRAZIL-SOUTH AFRICA (IBSA)

Established in June 2003, INDIA-BRAZIL-SOUTH AFRICA (IBSA) is a coordinating mechanism amongst

three emerging countries, three multi-ethnic and multicultural democracies, which are
Determined to:
 Contribute to the construction of a new international architecture.
 Bring their voice together on global issues.
 Deepen their ties in various areas.
 It brings together three large democracies and major economies from three different continents
namely, Africa, Asia and South America that represents three important poles for galvanizing South-
South cooperation.
IBSA also opens itself to concrete projects of cooperation and partnership with less developed
countries.
The establishment of IBSA was formalized by the Brasilia Declaration of 6 June 2003.

27. International Campaign to Abolish Nuclear Weapons (ICAN)

ICAN, a coalition of hundreds of non-governmental organisations (NGOs), was launched in 20017 and
is based in Geneva, Switzerland.
ICAN seeks to shift the disarmament debate to focus on the humanitarian threat posed by nuclear
weapons, drawing attention to their unique destructive capacity, their catastrophic health and
environmental consequences, their indiscriminate targeting, the debilitating impact
Of a detonation on medical infrastructure and relief measures, and the long-lasting effects of
radiation on the surrounding area.
In September 2006, the International Physicians for the Prevention of Nuclear War, itself awarded the
Nobel Peace Prize in 1985, adopted a proposal at its biennial congress in Helsinki, Finland, to launch
ICAN globally.

28. International Energy Forum (IEF)

IEF is the largest inter-governmental organisation in the field of oil and gas comprising 72 member
countries, accounting for 90% of global supply and demand of the oil and gas.
Members include developing, developed, OPEC, Non-OPEC and G20 countries.
18 of the G20 countries are members of IEF.
India is also a member of the forum.
The IEF is promoted by a permanent Secretariat based in the Diplomatic Quarter of Riyadh, Saudi.

29. International Energy Agency (IEA)

Founded in 1974, the IEA was initially designed to help countries co-ordinate a collective response to
major disruptions in the supply of oil, such as the crisis of 1973/4.
Members: Presently it has 30 member countries. India is the associate member of IAE.
Headquarters (Secretariat): Paris, France.
Publications: World Energy Outlook report.
The four main areas of IEA focus are:
Energy Security: Promoting diversity, efficiency, flexibility and reliability for all fuels and energy
sources;
Economic Development: Supporting free markets to foster economic growth and eliminate energy
poverty;
Environmental Awareness: Analyzing policy options to offset the impact of energy production and use
on the environment, especially for tackling climate change and air pollution; and
Engagement Worldwide: Working closely with partner countries, especially major emerging
economies, to find solutions to shared energy and environmental concerns.

30. Financial Action Task Force (FATF):

The Financial Action Task Force (FATF) was set up in 1989 by the western G7 countries, with
headquarters in Paris.
The objectives are to set standards and promote effective implementation of legal, regulatory and
operational measures for combating money laundering, terrorist financing and other related threats
to the integrity of the international financial system.
It is therefore a ―policy-making body‖ which works to generate the necessary political will to bring
about national legislative and regulatory reforms in these areas.
It is empowered to curtail financing of UN-designated terrorist groups.
It can publicly sensor countries that are not abiding by it’s norms.
FATF has 37 members that include all 5 permanent members of the Security Council, and other
countries with economic influence.
Two regional organisations, the Gulf Cooperation Council (GCC) and the European Commission (EC)
are also its members.
Saudi Arabia and Israel are observer countries (partial membership).
India became a full member in 2010.