CH-1 INDIAN REGULATORY FRAMEWORK
TOPIC-01: What is Law?
Law is a set of rules and principles established by a government or legislative body to regulate human behavior. Its primary purpose is to maintain social order, protect individual rights, and ensure justice and fairness within a society. Laws are enforced through social institutions and can be backed by the threat of punishment or other sanctions.
TOPIC-02: Sources of Law in India?
The Constitution of India: This is the supreme law of the land, providing the basic framework for governance, defining the rights and liberties of citizens, and establishing the separation of powers.
Legislation: These are the statutes or laws created by legislative bodies like the Parliament and State legislative assemblies.
Judicial Precedents (Common Law): This refers to the legal principles derived from past judicial decisions and court rulings.
Customs and Usages: These are established practices that may have the force of law, particularly in areas like personal law, if they are not in conflict with existing statutes
TOPIC-03: Types of Laws?
Civil Law: Deals with disputes and liabilities between individuals or entities. It focuses on dispute resolution and compensation rather than punishment and includes areas like contract law, family law, and property law.
Criminal Law: Concerned with offenses against the state or society as a whole. It defines crimes and prescribes punishments. The Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) are the main statutes governing criminal law.
Principles of Natural Justice: These are fundamental principles of fairness and justice, such as the right to a fair hearing and the rule against bias, which are considered a part of the Indian legal system.
TOPIC-04 Enforcing Law
Enforcing the law is the responsibility of the executive branch of the government.
Central Laws: Enforced by the Central Government through various ministries.
State Laws: Enforced by the respective State Governments.
TOPIC-05: Key ministries involved in the enforcement of laws include
- The Ministry of Finance
- The Ministry of Corporate Affairs (MCA)
- The Ministry of Home Affairs
- The Ministry of Law and Justice
1) Ministry Of Finance-
This ministry is responsible for a wide range of financial and economic laws. Its departments and associated bodies are crucial for enforcing laws related to direct and indirect taxes, financial markets, and money laundering.
For example, the Central Board of Direct Taxes (CBDT), which falls under the Department of Revenue, is responsible for enforcing the Income Tax Act.
2) Ministry of Corporate Affairs (MCA):
This ministry is the central authority for regulating the corporate sector in India. It enforces key laws like the Companies Act, 2013, the Limited Liability Partnership Act, 2008, and the Insolvency and Bankruptcy Code (IBC), 2016.
3) Ministry of Law and Justice:
It advises other ministries on legal matters, drafts legislation, and administers the justice system. While it’s not a primary law enforcement agency in the same way as the others, its work is foundational to the legal framework, ensuring laws are properly drafted and that the government is represented in legal proceedings.
4) Ministry of Home Affairs-
The Ministry of Home Affairs (MHA) is a crucial ministry of the Government of India, primarily responsible for the maintenance of internal security and domestic policy.
TOPIC-06: Structure of Indian Judicial System-
India has a single, integrated judicial system with a pyramidal structure. The Supreme Court is at the top, followed by the High Courts at the state level, and a network of subordinate courts below them. This hierarchy allows for appeals to be made to higher courts.
i) Supreme Court of India
The Supreme Court of India is the highest court and the final appellate authority in the country. Its decisions are binding on all other courts. Located in New Delhi, it consists of the Chief Justice of India and up to 33 other judges.
It has various jurisdictions, including:
Original Jurisdiction: Hears cases that begin directly in the Supreme Court, such as disputes between the central government and a state, or between two or more states.
Appellate Jurisdiction: Hears appeals from the High Courts.
Advisory Jurisdiction: Can provide legal advice to the President on matters of public importance.
Writ Jurisdiction: Enforces fundamental rights by issuing writs like habeas corpus, mandamus, etc.
ii) High Courts
The High Courts are the highest judicial body at the state and union territory level. There are 25 High Courts in India, and some may have jurisdiction over multiple states or union territories. High Courts primarily hear appeals from the subordinate courts and also have original jurisdiction in certain matters, such as company law cases.
iii) District Courts
These courts operate at the district and lower levels and are the first point of contact for most citizens seeking justice.They are under the direct control and supervision of the respective High Court.
iv) Metropolitan Court
Metropolitan Courts are a type of magistrate court found in many countries, particularly in India and Bangladesh, that are established in metropolitan areas. These areas are typically defined by a population of ten lakh (one million) or more.