CONSTITUTION OF INDIA (COI)

(BNC501/ BNC601)

Unit 3-

Introduction and Basic Information about Legal System: The Legal System: Sources of Law
and the Court Structure: Enacted law -Acts of Parliament are of primary legislation, Common
Law or Case law, Principles taken from decisions of judges constitute binding legal rules. The
Court System in India and Foreign Courtiers (District Court, District Consumer Forum,
Tribunals, High Courts, Supreme Court). Arbitration: As an alternative to resolving disputes in
the normal courts, parties who are in dispute can agree that this will instead be referred to
arbitration. Contract law, Tort, Law at workplace.
 Law
Law is a system of rules to keep society organized and peaceful. It helps prevent unethical behavior. The term
‘Law’ comes from ‘Lag,’ meaning “specific.” Law means rules a country enforces to guide people's actions.

Main Functions of Law

1. To ensure justice.
2. To promote equality.
3. To keep things fair.
4. To maintain order.
Sources of law

1. Legislation – Laws created by the government, like acts and statutes.

2. Customs – Traditional practices recognized as law in some cases.
3. Judicial Precedents – Past court decisions that guide future cases.
4. Justice, Equity, and Good Conscience – Principles of fairness applied when no specific law exists.
5. Conventional Law– International treaties and agreements followed by India.
 Court Structure in India

1. Supreme Court – Highest court; binding on all.

2. High Courts – Bind lower courts within the state.

3. District Courts – Handle serious cases in districts.

4. Subordinate Courts – Deal with minor local cases.

Acts of Parliament

Acts of Parliament, or primary legislation, are laws passed by the legislative body. Parliament can allow
others to make laws through an Act. An Act defines the purpose of a specific law. Delegated legislation
gives others the authority to add details to an Act. Authorized individuals create laws based on the
guidelines set by the Act.
 Enacted Law

The process of making a law begins with the ministry drafting a Bill, which is then revised based on feedback.
After the Cabinet approves the Bill, it is introduced in Parliament and read three times. A committee may
review the Bill and suggest changes. The Bill is then discussed, amended, and voted on by Parliament. If both
Houses pass the Bill, it is sent to the President for approval. Once the President agrees, the Bill becomes a law.

Common Law or Case Law

Common Law is a system of law based on court decisions rather than written laws. Its authority comes from
long-standing practices and the acceptance of people. It originated in England. Common Law becomes clear
only when explained in a judgment. It includes rules derived from court decisions and legal principles, as well
as traditions, customs, and reasoning methods.
Principles taken from decisions of judges constitute binding legal
rules

Judicial precedent means that judges make decisions based on past cases. They follow similar previous
cases when making decisions, adhering to the principle of "stare decisis," which means "stand by the
decision already made."

Precedents are followed because judicial decisions are assumed to be correct, and using them helps build
confidence in the judicial system. This process ensures that decisions are fair and just.

The rules of judicial precedent are as follows: Lower courts are required to follow decisions made by
higher courts, while higher courts generally follow their own past decisions in related matters.
 The Court System in India

The Indian judicial system is one unified system. It is divided into

two parts: superior judiciary (Supreme Court and High Courts) and
subordinate judiciary (lower courts under High Courts). The Supreme
Court is the highest court, led by the Chief Justice of India. There are
24 High Courts in India, each serving one state, though some cover
multiple states or Union Territories. Each state is divided into
districts, with a District Court in each. District Courts handle most
civil and criminal cases. Additionally, tribunals and commissions are
set up to handle specific legal matters.

Court hierarchy in India:

1. Supreme Court
2. High Court
3. District Court
4. Subordinate Courts
 District Courts in India
District courts in India handle justice at the district level, with the District and Sessions Judge being the highest
authority. They deal with civil and criminal cases. The District Judge is appointed by the state Governor, and
Additional or Assistant District Judges may be appointed to share the workload.

District Consumer Forum

The Consumer Protection Act (CPA) establishes a 3-tier system for quick and affordable resolution of consumer
disputes at the National, State, and District levels. The District Consumer Forum handles complaints with claims
under Rs. 20 lakh. Consumers can file complaints at the district court with the required documents.

Tribunals
A Tribunal is a quasi-judicial body for resolving disputes, particularly in areas like administration and taxes. It
was added to the Indian Constitution by the 42nd Amendment in 1976. Tribunals handle disputes, determine
rights, and review decisions.

Need for Tribunals:

1. To reduce court case backlogs.
2. To handle specialized cases.
3. To ease court burdens.
4. To address issues in areas like the environment, armed forces, and taxes.
 High Courts
The High Courts in India are the highest judicial bodies at the state level, with 25 courts across the country. They
have original, appellate, power of superintendence, and court of record jurisdictions. They primarily handle
appeals and writ petitions under Articles 226 and 227.

Supreme Court
The Supreme Court of India is the highest court in the country, with a Chief Justice and up to 34 judges. It hears
appeals, resolves disputes between governments, and provides advisory opinions. Its decisions are binding on all
courts. It protects citizens' rights and is known as the "Guardian of the Constitution."

Arbitration
Arbitration is a private, flexible process for resolving disputes outside of court, where parties agree to abide by the
decision. An expert called an arbitrator is chosen to resolve the issue. The decision, known as an arbitral award, is
binding and enforceable like a court judgment.

Types of Arbitration:

1. Domestic Arbitration: Involves Indian parties and is conducted in India with Indian rules.
2. Foreign Arbitration: Involves proceedings outside India, with the award enforced in India.
 Contract Law
The Indian Contract Act, 1872 governs contracts in India. A contract is an agreement enforceable by law. For
an agreement to be a contract, it must have offer and acceptance, consideration, parties with capacity, free
consent, and a lawful object.

Essential elements of a contract:

1. Offer and Acceptance: One person makes an offer, the other accepts.
2. Consideration: Something given in return, making the agreement enforceable.
3. Capacity: Only adults with sound mind can contract.
4. Consent: Agreement must be free from coercion or fraud.
5. Unlawful Agreements: Contracts with illegal purposes are void.
6.Contingent Contract: Dependent on a future event.
7. Discharge of Contract: Contract ends by performance, agreement, impossibility, or breach.
8. Damages: Compensation for loss caused by breach.
 Tort
Tort is a civil wrong, either intentional or accidental, that causes harm to someone.

There are three types of torts:

1. Intentional Tort: The defendant causes harm on purpose.

2. Negligence: The defendant is careless, harming the victim.
3. Strict Liability: No need to prove intent or carelessness; the defendant is liable for the harm caused.

Law at workplace
1. Factories Act, 1948: Ensures health, safety, and welfare of workers in factories with provisions on working
hours, leave, and overtime. Applies to factories with 10+ workers using power or 20+ without power.

2. Shops and Commercial Establishments Act: Covers working conditions, hours, and leave for employees in
shops and commercial establishments.

3. Employee’s Compensation Act, 1923: Provides compensation to workers for injuries or death during
employment.

4. Weekly Holiday Act, 1942: Requires weekly holidays for employees in shops, restaurants, and theatres.