Tiêu đề INDIAN REGULATORY FRAMEWORK CH=1 By Nikhil (1) (1).pdf ✅

 WHAT IS LAW?  Law is a set of obligations and duties imposed by the government for securing welfare and providing justice to society.  SOURCES OF LAW The main sources of law in India are: 1. the Constitution 2 .the statutes or laws made by Parliament and State Assemblies, 3. Precedents or the Judicial Decisions of various Courts and 4. in some cases, established Customs and Usages. ______________________________________________________________________________________  THE PROCESS OF MAKING A LAW 1.When a law is proposed in parliament it is called a Bill. 2.After discussion and debate, the law is passed in Lok Sabha. 3.Thereafter, it has to be passed in Rajya Sabha. 4.It then has to obtain the assent of the President of India. 5.Finally, the law will be notified by the Government in the publication called the Official Gazette of India. 6.The law will become applicable from the date mentioned in the notification as the effective date. 7.Once it is notified and effective, it is called an Act of Parliament. ______________________________________________________________________________________  Types of laws in the Indian Legal System: 1. Criminal Law: Criminal law is concerned with laws pertaining to violations of the rule of law or public wrongs and punishment of the same. Criminal Law is governed under the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973 (Crpc). The Indian Penal Code, 1860, defines the crime, its nature, and punishments whereas the Criminal Procedure Code, 1973, defines exhaustive procedure for executing the punishments of the crimes. Murder, rape, theft, fraud, cheating and assault are some examples of criminal offences under the law.
2. Civil Law: Matters of disputes between individuals or organisations are dealt with under Civil Law. Civil law primarily focuses on dispute resolution rather than punishment. The act of process and the administration of civil law are governed by the Code of Civil Procedure, 1908 (CPC). Civil law can be further classified into Law of Contract, Family Law, Property Law, and Law of Tort. Some examples of civil offences are breach of contract, non-delivery of goods, non-payment of dues to lender or seller defamation, breach of contract, and disputes between landlord and tenant. 3. Common Law : A judicial precedent or a case law is common law. A judgment delivered by the Supreme Court will be binding upon the courts within the territory of India under Article 141 of the Indian Constitution. The doctrine of Stare Decisis is the principle supporting common law. It is a Latin phrase that means “to stand by that which is decided.” The doctrine of Stare Decisis reinforces the obligation of courts to follow the same principle or judgement established by previous decisions while ruling a case where the facts are similar or “on all four legs” with the earlier decision. 4. Principles of Natural {FAIR} Justice: Natural justice, often known as Jus Naturaldeals with certain fundamental principles of justice going beyond written law. Nemo judex in causa sua (Literally meaning “No one should be made a judge in his own cause, and it’s a Rule against Prejudice), audi alteram partem (Literally meaning “hear the other party or give the other party a fair hearing), and reasoned decision{judgement should be supported with evidence} are the rules of Natural Justice. A judgement can override or alter a common law, but it cannot override or change the statute. ___________________________________________________________________________  ENFORCING THE LAW After a law is passed in parliament it has to be enforced. Somebody should monitor whether the law is being followed. This is the job of the executive. Depending on whether a law is a Central law or a State law the Central or State Government will be the enforcing authority. The Government of India exercises its executive authority through a number of Government Ministries or Departments of State.