Legal Aptitude

IMPORTANT COMMITTEES AND COMMISSIONS

1. Drafting Committee of the Constitution: Chairperson - Dr. B.R. Ambedkar.
2. Committee on Fundamental Rights: Headed by Sardar Patel.
3. State Reorganisation Commission: Headed by Justice Fazal Ali. It recommended
reorganisation of states or language basis. Andhra Pradesh was created first on this basis.
4. Sarkaria Commission: Recommendations on Centre-State Relations.
5. Santhanam Committee: Headed by K. Santhanam for Prevention of Corruption (CVC or
Central Vigilance Commission was created on its recommendations).
6. Dharam Vir Commission: Police Reforms.
7. Chelliah Committee: Tax Reforms.
8. Balwant Rai Mehta Committee (1952): Panchayati Raj in the country.
9. Ashok Mehta Committee (1977): For review of Panchayati Raj.
10. Dharam Vir Commission: Police Reforms.
11. Narsimhan Committee: Banking Reforms.
12. Malhotra Committee: Insurance Reforms.
13. Janaki Raman Committee: Securities Scam

14. Vohra Committee: Criminalization of politics.

SOME RECENT COMMITTEES/COMMISSIONS

1. J. R.S. Pathak Committee: Enquiry into Volcker Committee Report.
2. J. Nanavati Commission: Anti-Sikh riots in 1984. Submitted Report recently.
3. J. M.K. Mukerji Commission: Disappearance of Netaji Subhash Bose.
4. J. U.C. Banerji Committee: Probe into cause of fire at Godhra which led to communal riots
in Gujarat.
5. J. S.N. Phukan Commission: Probe into Tehelka Exposure about corruption in defence
deals. Report was rejected and Commission was wound up by Parliament.
6. J. Malimath Committee: Report on reform in Criminal Justice Administration System in the
country.
7. J.J. Irani Committee: Reform in Company Law.
8. Rakesh Mohan Committee: Report on Private Investment in Infrastructure.

Note: Commissions and Committees are different bodies. Commissions are constituted under
the Commission of Enquiry Act, 1952. Committees are created by the Executive for
specific purpose. Committees can be upgraded into Commissions e.g. the J. U.C. Banerji
Committee is recently upgraded to be a Commission.

IMPORTANT INTERNATIONAL CONVENTIONS/TREATIES AND

CONFERENCES
1. Hague Conventions of 1899 and 1907: Development of International Law.
2. Geneva Conventions, 1864, 1906, 1929: International Law relating to sick and wounded
soldiers and Prisoners of War (POW).
3. Berne Convention (1866): International Law for Protection of Copyright.
4. Stockholmes Conference on Human Environment (1972): Protection of Ecology and
Environment alongwith development (the concept of Sustainable Development). June 5 is
World Environment Day as International Conference started on this day.
5. Montreal Protocol (1987): Control CFC production and consumption to save environment
from pollution. Treaty on Ozone hole signed.
6. Rio Earth Summit (1992) at Rio De Generio: Agenda 21 drafted to prevent environmental
degration.
7. World Summit on Sustainable Development (2002): Concluded at Johannesburg.
8. Kyoto Conference (1997): Kyoto Protocol signed to reduce green house effect.
9. Vienna Congress (1815): First treaty on International Law.

15. Vienna Convention (1961): Law relating to diplomatic relations among States.

IMPORTANT U.N. CONVENTIONS/DECLARTIONS

1. UDHR (Universal Declaration of Human Rights) signed on December 10, 1949. December
10 in International Human Rights Day.
2. CEDAW: (Convention of the Elimination of All Forms of Discrimination against Women)
1979.
3. Convention on Child Rights (1989).
4. UN Convention on the Law of Sea (1982).

16. UN Conventions on Climate Change, Bio-Diversity and Forestry (1992.)

IMPORTANT LEGAL STATEMENTS

1. Law is an Ass. Charles Dickens
2. Law is a jealous mistress.... Joseph Story
3. Law and sense are not the same thing. J.L. Nehru
4. Law is not to make black white and white black but to enthrone justice. M.K. Gandhi
5. Laws are meant to be broken. Seneca
6. Law is a rule of conduct imposed and enforced by sovereign. Austin
7. Directive Principles are cheques payable at the convenience of the Bank. J. K.T. Shah
8. Law is a command of him who has coercive power. Hobbes
9. Law is a body of principles recognised and applied by state in administration of justice.
Salmond
10. Power corrupts and absolute power corrupts absolutely. Lord Action
11. Democracy is of the people, for the people and by the people. Abraham Lincoln

17. If there were no bad people, there would be no good layers. Charles Dickens

IMPORTANT LEGAL BOOKS

Manu Smriti Manu (a code on ancient Hindu Law)
Artha Shastra Kautilya (a book on the rules of statecraft)
Concept of Law H.L.A. Hart
Law and Public Opinion in 19th Century England A.V. Dicey
Learning the Law G. Willims
Ancient Law H. Maine
We the Nation Nani A Palkhivala
We the People Nani A Palkhivala
International Law Oppenheim
The Law of nations Brierly
The Province of Jurisprudence defined Austin
The Nuer E.E. Evans Pritichard (A society without law is imagined in the book)

CONSTITUTION OF INDIA

MAJOR CONSTITUTIONAL DEVELOPMENTS

The Regulating Act, 1773
l

First enactment by British Parliament to control and regulate East India Company in India.

Lord Warren Hastings was appointed first Governor-General of Bengal.

The Supreme Court was established at Fort William (Calcutta) in 1774.

The Charter Act, 1833

l

Lord William Bentick was made first Governor General of India.

The Government of India Act, 1858

l

British Crown took the power and control over India from East India Company.

The Governor General was made the Viceroy of India and Viceroy of the country.

The Indian Council Act, 1909: This Act was a result of Morley Minto Reforms and it introduced
the system of communal representation for Muslims for first time in India.
The Government of India Act, 1919: This Act is also called Montague Chemsford Reforms. The
Scheme of Dyarchy i.e. dual governance, was introduced in the country.
The Government of India Act, 1935: An all India Federation consisting of Provinces and
Princely States as units was established. It introduced provincial autonomy. This Act has
maximum influence on our Constitution.
The Indian Independence Act, 1947: It declared India as an independent and sovereign state. It
was enacted by British Parliament as per the Mountbaton Plan.

FRAMING OF THE CONSTITUTION

l

Constituent Assembly was set up as per the Cabinet Mission Plan, 1946 which framed and
adopted the Constitution of India.

Mr. Sachidanand Sinha, a lawyer from Bihar acted as its interim President, Dr. Rajendra
Prasad was elected as the President of Constituent Assembly.

The historic Objective Resolution was moved in the Assembly by Pandit Nehru, which later
on formed the basis of Preamble to the constitution.

The Drafting committee of the Constitution was headed by Dr. B.R. Ambedkar who is also
called the father of the Constitution.

The Constitution was adopted on 26th November 1949 by the Constituent Assembly and
came into force on 26th January 1950. 26 November is called the Law Day of India.

Indian Constitution is considered to be one of the lengthiest in the world, second only to the
Constitution of Yugoslavia.

18. Originally it has 22 parts, 395 Articles and 8 Schedules.

ABOUT THE
CONSTITUTION
Indian Constitution is contained in 22 parts and 12 schedules.
Part III contains Fundamental Right.
Part IV contains Directive Principles
Part IX contains Panchayats and
part IXA contains Municipalities.
Elections are contained in Part XV and Emergency Provisions contained in Part XVIII.
SEVENTH Schedule contains the three list i.e. List-IUnion List, List IIState List and List-III
Concurrent List.
Eighth Schedule contains the list of official languages, which are 22.
Ninth Schedule contains laws or enactments to be saved from judicial review or scrutiny. Various
land reforms legislations are contained in it.
Tenth Schedule contains Anti-Defection Law added by 52nd Amendment of 1985.
Eleventh and Twelfth Schedule contain matters relating to Panchayats and Municipalities added
by 73rd and 74th Constitutional Amendments respectively.

IMPORTANT ARTICLES OF THE CONSTITUTIONS

Article 1: India, that is Bharat, shall be a Union of States.
FUNDAMENTAL RIGHTS
Article 14: Right to Equality.
Article 17: Abolition of Untouchability.
Article 19: Right to Freedoms of Speech etc.
Article 21: Right to Life and Personal Liberty.
Article 21A: Right to Education (Added by 86th Amendment, 2002).
Article 24: Prohibition of Child Labour.
Article 25-28: Right to Freedom of Religion.
Article 29-30: Cultural and Educational Rights to Minorities.
Article 32: Right to Constitutional Remedies by issuance of writs by Supreme and High Court.
DIRECTIVE PRINCIPLES

Article 39A: Equal Justice and Free Legal Aid

Article 44: Uniform Civil Code (least worked out Article in the Constitution).
Article 48A: Protection of Environment.
Article 51A: Fundamental Duties.
OTHER PROVISIONS
Article 123: Presidents Power to make Ordinances.
Article 136: Power to grant Special Leave to Appeal by Supreme Court. i.e. filing of Special
leave petitions (SLP)
Article 141: Law declared by Supreme Court to be binding on all Courts.
Article 226: Power of High Courts to issue certain writs.
Article 300A: Right to Property (Earlier Contained in Article 31 as a Fundamental Right
removed by 44th Amendment, 1978, now only a Constitutional Right.
Article 352: Proclamation of National Emergency by President.
Article 356: Presidents Rule in a State in case of failure of Constitutional machinery.
Article 360: Financial Emergency.
Article 368: Amendment of Constitution.
Article 370: Special Status to the State of Jammu & Kashmir.

IMPORTANT AMENDMENTS TO THE CONSTITUTION

First Amendment (1951): 9th Schedule added to the Constitution to save land reforms laws from
jurisdiction of the courts.
42nd Amendment (1976): Also called Mini Constitution as largest amendment ever.
l

Preamble amended to include the words Secular, Socialist and integrity.

Fundamental Duties added by Article 51A.

44th Amendment (1978): Right to Property (Article 31) was abolished from the chapter of
Fundamental Rights and included under Article 300A to remain a constitutional right.
61st Amendment (1988): Voting Age reduced from 21 to 18 years.
73rd and 74th Amendment (1992): Provisions relating to Panchayats and Municipalities revived
and Schedule XI and XII added.
84th Amendment (2000): Three New States Chhatishgarh, Uttaranchal and Jharkhand created.
86th Amendment (2002): Right to Education is made Fundamental Right under Article 21A.
l

Fundamental Duties under Article 51A amended to include Parents fundamental duty
for children education.

91st Amendment 2003: Anti-Defection Law i.e. disqualification of a Member of Parliament or

Legislative Assembly on the ground of defection.
l

Strengths of Council of Ministers in Union as well as State is restricted to be not more

than 15% of total membership.

92nd Amendment (2003): 8th Schedule to include four new languages i.e. Bodo, Dogri, Maithili
and Santhali.
93rd Amendment (2004): Article 15 was amended to include a new clause. It empowers the
government to make law to provide reservations to socially and educationally backward
classes in all educational institutions including private educational institutions but not in
minority institutions.

FIVE WRITS
Article 32 which guarantees right to constitutional remedies for violation of fundamental rights,
gives power to the Supreme Court to issue writs for enforcing the fundamental rights.
1. Habeus Corpus: It means have the Corpus or have the body. This writ is an order to
detaining authority to produce a person before the court of law.
2. Mandamus: This writ is a Command to any public authority if it fails to or refuses to perform
its legal duty.
3. Prohibition: This writ prohibits a lower court or judicial body to exceed its jurisdiction if the
Superior Court thinks that it is acting ultra virus i.e. beyond its authority.
4. Certiorary: This writ quashes the order of a lower court or tribunal if such body has acted
beyond its authority or exceeded its jurisdiction.
5. Quo Warranto: The Court asks a person through this writ by what authority or warrant he is
holding a public office. This writ is issued in case of a person occupying public office
illegally.
The High Courts are also empowered by Article 226 of the Constitution to issue the above writ as
well as orders in the nature of writs.

FOREIGN SOURCES OF INDIAN CONSTITUTION

Parliament System England
Federalism Canada
Fundamental Rights USA
Directive Principles Ireland
Judicial Review USA
Emergency Provisions Germany

Concurrent List Australia

Amendment Process South Africa
Fundamental Duties USSR
Distribution of Power between Centre & State (Federalism) Canada

THE LEGAL & JUDICIAL SYSTEM

Concepts of Law and Justice
Law is a body of rules which regulates human conduct in a society and which is enforced by
the State in the courts of law. Justice is the moral idea of being right, just and reasonable. Law
aims to ensure justice in the society.
Classification of Law
Law can be classified into different categories on different bases. On the basis of territorial
jurisdiction, law may be National or Municipal Law and International Law. Again it may be
divided into Civil Law and Criminal Law or Public Law and Private Law. We should learn the
meaning of each of them.
I. National or Municipal Law and International Law
All laws applying within the national boundaries are municipal laws. For example: Indian
constitution or the statutes passed by Parliament and State Legislatures. Laws emanating
from the Parliament or the Central Government are sometimes called Central Laws and those
being passed from state legislature are called State Laws.
International Law is a body of rules which regulates the relationship between different
countries. These are generally in form of treaties and International Customs. International
Law is further divided into two parts:
(a) Public International Law: Also called Law of Peace, it regulates the relationship of
different countries as members of International Community.
(b) Private International Law: Also called Conflict of Laws, it regulates the relationship
of private individuals or juristic persons like companies of two or more different
countries. For example: the marriage of an American with an Indian or dispute between
two companies of different countries.
II. Criminal Law and Civil Law
Criminal Law concerns with public wrongs or offences against the state or society at large.
State prosecutes for criminal offences which are specific and are defined in Indian Penal
Code, 1860 and some other penal laws. Criminal Procedure Code or Cr.P.C., 1973 deals with
the procedure to be adopted for enforcing Criminal Law.
Civil Law relates to restoration of rights of private individuals or juristic persons like,
companies. For example, Law of contract regulates the relationship between two or more
parties making the agreement.

III. Public Law and Private Law

Public Law is that part of law which deals with relations between the state and ordinary
individuals in circumstances where state has special rights or powers. Criminal Law is a
public law. Constitutional Law and Administrative Law are also public laws.
Private Law regulates relations among subjects. Hindu law and Mohammedan law regulate
relations among Hindus and Muslims, hence they are private laws.
IV. Common Law and Civil Law Systems
Laws laid down by courts in judicial decisions also called precedents constitute the Common
Law. England and those countries which have modelled their legal system on the basis of
English Law are members of Common Law System. India is also a part of Common Law
fold.
Civil law system do not recognise precedent or decisions of the courts as laws. Countries like
Germany and France are Civil Law Countries. The do not recognise precedents or Judge
Made Laws.
V. Substantive Law and Procedural Laws
Law which provide specific provisions as to the rights, duties or obligations of an individual
are normally substantive laws. Indian Penal Code provides specific crimes and their
punishments are hence it is substantive law.
Procedural laws are those laws which regulate the functioning of the court or the judicial
system to ensure compliance of the substantive laws. For example, Code of Civil Procedure,
1908 regulates the functioning of Civil Courts and Cr. P.C. regulates the affairs of a criminal
court.

Source of Law: From where our law comes?

The main sources of law in India are the Constitution, statutes (legislation), customary law
and case law. Statutes are enacted by Parliament, State legislatures and Union Territory
legislatures. Besides, there is a vast body of laws known as subordinate legislation in the form of
rules, regulations as well as bye-laws made by Central/State governments and local authorities
like municipal corporations, municipalities, gram panchayats and other local bodies. This
subordinate legislation is made under the authority conferred or delegated either by Parliament or
State or Union Territory legislatures concerned. Therefore they are called delegated legislation
also Judicial decisions of superior courts like Supreme Court are binding on all courts within the
territory of India. Local customs and conventions which are not against statute, morality, etc., are
also recognised and taken into account by courts while administering justice in certain spheres.
Enactment of Laws: Who creates law for us?
Parliament is competent to make laws on matters enumerated in the Union List. State
legislatures are competent to make laws on matters enumerated in the State List. Parliament alone
has power to make laws on matters not included in the State or Concurrent List. On matters
enumerated in the Concurrent List, laws can be made by both Parliament and legislatures. But in
the event of repugnancy or conflict law made by Parliament shall prevail and law made by State
legislature, to the extent of repugnancy, be void.

Acts and Ordinances

An Act of Parliament is an Act passed by both the Houses of Parliament and assented to by
the President.
Ordinances can be promulgated by the President (for the Union) and by the Governor (for the
State) when circumstances make immediate action necessary and Parliament (or the State
Legislature) is not in session.
Ordinances are temporary laws. The can be made on any matter which is within the
competence of Parliament (or State Legislature). However, an Act must be passed to replace the
ordinance within six weeks of the reassembly of Parliament or State legislature otherwise the
validity of the Ordinance expires.

Judiciary: Who administers law and ensure justice?

Part V of the Constitution fleshes out the theory, and the professed (DIKM?) ideal of the framers
of the Constitution, of the division of power between the three branches of government, the
Executive, the Legislature, and the Judiciary. This Part, therefore, sets out the structure, powers,
and functioning of the three branches of government. The Supreme Court is described as the apex
institution in the Indian judicial system. Despite the federal set-up of the government, our
judiciary is single and integrated.
There is uniformity in the designation of officials engaged in civil and criminal sides. Nyaya
Pachayats / Panchayat Courts / Gram Katchery / Panchayat Adalats function at the grassroots
level. The following is a broad sketch of our judicial structure:
The Judiciary

Supreme Court

High Courts

(in districts)
District and Sessions Judges
Court

(in metropolitan areas)

Metropolitan City Civil and

Magistrates Courts Sessions Court

(Civil) Subordinate
Judges Court

Provincial Small (criminal)

Cause Court

Sessions Courts

Presidency
Small Causes
Court

Munsiffs
Courts

Nyaya
Panchayats

Subordinate
Magistrates Courts

Judicial Magistrate

Panchayat Adalats

Executive Magistrate

The Supreme Court

The provision for a Supreme Court is made in Article 124, wherein the total number of judges is
set out at 26, including the Chief Justice of India (i.e., 25 +1). Parliament is competent to make
laws pertaining to the constitution, organisation, powers and jurisdiction of the Supreme Court. It
is a Federal Court, vested with original and exclusive jurisdiction to deal with disputes between
the Union and the State(s), or between the States (Article 131). It may be noted that the parties
involved here must be the units of the Federation, i.e., the Union or the State(s). It also acts as
final Appellate Tribunal to hear those civil cases where the High Court concerned certifies the
involvement of a substantial issue of law of general importance and the decision of Supreme
Court is needed (Article 133). As regards criminal cases, an appeal will lie with the Supreme
Court as a matter of right- especially in cases of the awarding of a death sentence by the lower
court (Article 134). The Supreme Court may in its discretion grant special leave to appeal
against any judgment, decree determination, sentence or order in any cause or matter passed or
made by any court or tribunal (except a military court or tribunal) in India. Article 136 marks the
widest expression in appeals. Under its Advisory Jurisdiction, the Supreme Court also gives its
opinions on issues of public importance sought by the President of India. However, the Supreme
Court can also decline to express its opinions if it considers them superfluous or unnecessary
(Article 143). Finally, the Supreme Court can also issue writs to cure any ills against the FRs
(Article 32).
High Courts
Each state can have its own High Court (Article 214). The Bombay, Madras and Calcutta High
Courts were established in the four Presidency towns in 1862, under Charters of the ruling British
Government and are the oldest, whereas the Ranchi High Court (Jharkand), the Bilaspur High
Court (Chhatisgarh) and the Nanital High Court (Uttranchal) were created in 2000, and are the
youngest. Today, there are 21 High Courts and 17 additional benches functioning in the territory
of India. Delhi eas the only Union Territory to have a High Court. Parliament can also establish a
common High Court for two or more states (Article 231). The jurisdiction of a High Court
prevails over the state(s) or Union Territories concerned, such as Bombay High Courts extended
territorial jurisdiction over Maharastra, Dadra and Nagar Haveli, Goa, and Daman and Diu, and
that of Calcutta High Courts over West Bengal, and Andaman and Nicobar Islands. The High

Courts can issue writs (Article 32 and 226). The High Court has to judicially and
administratively superintend the tribunals working within its jurisdiction (Article 227). The High
Courts too accept Public Interest Litigation (PIL) (Article 226).
Appointment and Removal of the Supreme Court / High Court Judges
The President of India appoints the judges of the Supreme Court on the advice of his Council of
Ministers. The President consults with the judges of the Supreme Court and the High Courts
when appointed the Chief justice of India (the CJI). In 1993, a nine-judge bench of the Supreme
Court prescribed that the senior-most judge should be appointed as the CJI. While appointing the
other judges of the Supreme Court, the concurrence of the CJI is required in addition to the above
criterion (Article 124 (1)).
A judge of the Supreme Court should be (1) an Indian citizen (2) either a distinguished jurist or
should have worked as a High Court judge for 5 years, or should have been an Advocate of a
High Court for a minimum of 10 years (Article 124(3)). His tenure will be till his obtaining the
age of 65 years or his own resignation or his removal by the President on proven misbehaviour /
incompetence, through impeachment or death. In 1991-93, such an impeachment motion was
brought against the Supreme Court Judge R. Ramaswamy, but was unsuccessful. The salary of
the Chief Justice and the other Supreme Court Judges is Rs.33,000/- and Rs.30,000/- per month,
respectively.
The Chief Justice of a High Court is appointed by the President of India in consultation with the
Chief Justice of India, the Chief Justice of the State concerned, and the Governor of the State
concerned.
A judge of a High Court should be (1) an Indian citizen (2) have worked for 10 years as an
advocate of a High Court (Article 217 (2)) or have held a judicial office in India for a minimum
period of 10 years. His tenure would be until he attains the age of 62 years or his own resignation
or his removal by the President of India in the same manner as applicable to a judge of the
Supreme Court. The Salary of the Chief Justice of a High Court, and that of High Court judges is
Rs.30,000/- and Rs.26,000/- per month, respectively.
Judges of the Supreme Court, the High Courts, and all other persons appointed to any official post
in the Government, are said to hold office at the pleasure of the President.

Legal Profession: People who practice law

In India, the law relating to legal profession is governed by The Advocates Act, 1961 and the
rules framed thereunder by the Bar Council of India. It is a self-contained code of law relating to
legal practitioners and provides for the constitution of State Bar Councils and Bar Council of
India. A person enrolled as an advocate under the Advocates Act, 1961, is entitled to practice law
throughout the country. An advocate on the roll of a State Bar Council may apply for transfer to
the roll of any other State Bar Council in the prescribed manner. No person can be enrolled as an
advocate on the rolls of more than one State Bar Council. There are two classes of advocates,
namely, senior advocates and advocates. An advocate with his consent, may be designated as a

senior advocate, if the Supreme Court or a High Court is of the opinion that by virtue of his
ability, standing at the Bar or special knowledge or experience in law, he deserves such
distinction.
Law Commission of India: Body for reforming law
The 17th Law Commission was reconstituted on 1 September 2003 for a period of three years
with Honble Justice M. Jagannadha Rao as Chairman, Dr. N.M. Ghatate, as Vice-Chairman and
Dr. K.N. Chaturvedi as Member-Secretary.

Law in Ancient India

Law has its equivalent in Hindu jurisprudence the word Dharma. Yajnavalkya, an ancient
scholar, stated Shruti and Smritis to be the sources of law. Shruti means the Vedas which were
mainly the philosophy of Hindu religion. The Smritis or Dharmasutras were the basic law of
Indian legal system.
Manusmriti and Naradsmriti were important piece of ancient Indian legal system.
Gautam, Manu, Yajnavalkya and Narad were ancient law-givers.
In Medieval India, Hindu Law had two main formsMitakshra and Dayabhaga. Mitakshra
which prevails in most of India was given by Vijaneshwara. Dayabhaga prevailing in Bengal and
North-East states were given by Jimutvahana.
Muslim Law
Muslim Law is contained in four sources namely: 1. The Quran 2. Hadis 3. Ijmaa and 4.
Qiyas.
Muslims in India are mainly governed by the Hanafi school.
A muslim marriage is defined to be a civil contract with the object of procreation and
legalizing of children.
Dower (Mahr) is a peculiar concept of Muslim marriage. This is a sum of money or other
property promised by husband to be paid or delivered to the wife as a consideration for the
marriage.
A muslim marriage can be dissolved by the means of talak which can be effected orally or
by written talaknama.
The Dissolution of Muslim Marriages Act, 1939 provides muslim woman certain ground to
file a suit for divorce.
Personal Law
The people of India are of different religions and faiths. They are governed by different sets
of personal laws in respect of matters relating to family affairs, i.e., marriage, divorce, succession,
etc.
Marriage
Law relating to marriage and/or divorce has been condified in different enactments applicable
to people of different religions.

The Special Marriage Act, 1954 extends to the whole of India except the State of Jammu
and Kashmir. Persons can specifically register marriage under this Act even though they are of
different religious faiths. The Act also provides that the marriage celebrated under any other from
can also be registered under the Special Marriage Act, if it satisfies the requirements of the Act.
An attempt has been made to codify customary law which is prevalent among Hindus by
enacting the Hindu Marriage Act, 1955. The Hindu Marriage Act, 1955 applies to Hindus and
also to Buddhists, Sikhs, Jains and also those who are not Muslims, Christians, Paris or Jews by
religion.
Provisions in regard to divorce are contained under the provisions of both Marriage Act and
the Special Marriage Act. Common ground on which divorce can be sought by a husband or a
wife under these Acts fall under these broad heads: adultery, desertion, curelty, unsoundness of
mind, venereal disease, leprosy, mutual consent and being not heard of as alive for seven years.
As regards Muslims, marriage are governed by the Mohammedan Law prevalent in the
country. As regards divorce, i.e., Talaaq, a Muslim wife has a much restricted right to dissolve her
marriage.
However, by the Dissolution of Muslim Marriage Act, 1939, a Muslim wife has been given
the right to seek dissolution of her marriage on certain grounds including non-maintenance and
cruelty.
Child Marriage
The Child Marriage Restraint Act, 1929, from 1 October 1978, provides that marriage age for
males will be 21 years and for females 18 years.
Maintenance
Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to
maintenance forms a part of the personal law.
Under the Code of Criminal Procedure, 1973, right of maintenance extends not only to the
wife and dependent children, but also to indigent parents and divorced wives. Claims of the wife,
etc., however, depends on the husband having sufficient means.
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. The
right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956. .
Under the Muslim Law, the Muslim Women (Protection of Rights on Divorce) Act, 1986
protects rights of Muslim women who have been divorced by or have obtained divorce from their
husbands to claim resonable and fair amount of maintenance.
Succession
The Indian Succession Act was enacted in 1925. This law is for all Indian except Hindus and
Muslims.
The law relating to intestate succession i.e. succession of property of a person dying without
will, among Hindu is codified in the Hindu Succession Act, 1956. This act is recently ammended
to include equal right of women to inherit property.

Important Statutes: Law and Justice

19. The Advocates Act, 1961

1. Establishment of Bar Council of India and State Bar Councils
2. Regulation of legal profession and legal education
3. Two types of Advocates: Advocate and Senior Advocate
4. Provides for the qualification for enrolment of lawyers to State Councils
5. Rules for standards of conduct, professional ethics, etc.
20. The Legal Services Authorities Act, 1987
6. National Legal Services Authority (NALSA) constituted in 1995.
7. 3-tier body on National, State and District level.
8. Inspired by Articcle 39A to provide free legal aid and equal justice to all.
9. Lok Adalats held under this law.
10. SC,/ST/Women/Children/Industrial worker and those with below 25,000
income
11. National Legal Literacy Mission 2005-2010 launched.
21. The Family Courts Act, 1984
22. For speedy and cost effective settlement of disputes relating to marriage
and family affairs
The Flag Code of India, 2002 Law relating to govern the
display of National flag.

Important Statutes: Hindu Law

23. Ancient Hindu Law Contained in Shruti and Smritis e.g. Manusmriti and
Naradsmriti. Gautam, Manu, Yajnavalkya and Narad were ancient law-givers.
24. Medieval Hindu Law - Mitakshra and Dayabhaga. Mitakshra which prevails in
most of India was given by Vijaneshwara. Dayabhaga prevailing in some part of
South, Bengal and North-East states were given by Jimutvahana.
25. Modern Hindu Law Hindu Marriage Act, 1955 - Applies to Hindus and also to
Buddhists, Sikhs, Jains and also those who are not Muslims, Christians, Paris or
Jews by religion.
Child Marriage Restraint Act, 1929 Age of marriage
for males will be 21 years and for females 18 years.

Important Statutes: Muslim Law

Muslim Law is mainly uncodified i.e no statutes or enactments. Contained in four
sources namely: 1. The Quran 2. Hadis 3. Ijmaa and 4. Qiyas.
Muslims in India are mainly governed by the Hanafi school.

A muslim marriage is defined to be a civil contract with the object of procreation and
legalizing of children.
Dower (Mahr) is a peculiar concept of Muslim marriage. This is a sum of money or
other property promised by husband to be paid or delivered to the wife as a consideration
for the marriage.
A muslim marriage can be dissolved by the means of talak which can be effected
orally or by written talaknama.
The Dissolution of Muslim Marriages Act, 1939 provides muslim woman certain
ground to file a suit for divorce.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 provides muslim
woman right to claim compensation after divorce.

Important Statutes Environment

The Water (Prevention and Control of Pollution) Act, 1974

26. Popularly called the Water Act established the Central and State Pollution Control Boards
The Air (Prevention and Control of Pollution) Act 1981

27. National Air Quality Monitoring Programme (NAMP) started.

28. Vehicular Pollution checked
The Environment (Protection) Act, 1986

1. Provided for EIA (Environmental Impact Assessment) and CRZ (Coastal Regulation
Zone)
The Prevention of Cruelty to Animals Act, 1960
1. Animal Welfare Board of India, headquartered in Chennai is constituted.
The Indian Wildlife (Protection) Act, 1972,
29. Governs wildlife conservation and protection of endangered species.
30. Wildlife Action Plan, Project Tiger, Project Elephant under this law.

Biological Diversity Act, 2002

Important Statutes Welfare

The Protection of Civil Rights Act, 1955
31. It replaced the Untouchability (Offences) Act, 1955
32. It enforced Art. 17 of the Constitution making untouchability a punishable offence.
The Equal Remuneration Act, 1955
33. Provides for equal remuneration to male and female workers in like jobs.
The Child Labour (Prohibition and Regulation) Act, 1986
34. Prohibition of child labour in any hazardous industry.
35. Amended in 2006 to declare child labour in any form to be prohibited.
The Trade Unions Act, 1926

36. Provides for registeration of trade union of employees or employers and legal
status given to the body registered under the Act.

Important Statutes Welfare

National Commission for Minorities Act, 1992

The Commission was set up in 1993 to safeguard the interest of minorities.

Constitution (103rd ) Bill, 2004 is pending to declare it a constitutional body.
Persons with Disabilities Act, 1995 and Rehabilitation Council of India Act, 1992

37. Laws to provide equal opportunities and protect rights of all types of disables.
National Commission for Women Act, 1990

38. To safeguard rights of the women in the Constitutional and other laws.

Important Statutes Welfare

The Consumer Protection Act, 1986

39. Defects in goods, or Deficiency in services Consumers Right to be protected.

40. A 3 tier quasi judicial machinery on National, State and District levels.
41. National Commission or NCDRC, SCDRC and District Consumer Dispute
Redressal Forum are constituted Mind there is no Consumer Court in the
country!
42. 24 December is called National Consumer Day, 15 March is World Consumer
Rights Day.
43. The order of NCDRC is challengable only in the Supreme Court.
44. Compensation claimed upto Rs. 20 lakhs District Forum, upto Rs. 1 crore
State Commission and above Rs. 1 crore in NCDRC.
45. Justice Bal Krishna Eradi was the first chairperson of NCDRC.

Important Statutes Property Related Laws

Property is something, which is capable of being owned by a person in law.

Ownership of a property means when a person owns a property to the exclusion of all
other.
Easement is the right to have passage, light or air etc. that an owner or occupier of land
possesses for the beneficial enjoyment of the land.
A property may be Movable, Immovable, Tangible or Intangible or even an Intellectual
Property.
The Transfer of Property Act, 1882

46. Transfer of Rights in an immovable property e.g. land, building etc.

47. Such transfer may be through sale, lease or licence, mortgage, etc.
Sale is a complete transfer of ownership for a consideration.
Lease or tenancy is a right given by the owner of the land to the tenant for a specified
period for a rent or premium.
Mortgage is when some money is lent by a person to other on the security of a land.
The Sale of Goods Act, 1930

Regulates the sale and purchase of movable property.

Important Statutes Property Related Laws

Intangible Property are the rights recognised by law, which are of some value and
incapable of being touched or seen.

Trade Marks Act, 1999

48. A trade mark is registered for 10 years which can be renewed.

49. It may be a mark, a brand, heading, label or name connected with the business.
50. A passing off action lies if another person uses the trade mark unauthtorisedly.
The Copyright Act, 1957

51. The author of a literary, dramatic, musical, artistic work has exclusive right to the
reproduction of such work.
52. The right continues for 60 years after the death of the author.
53. It is permissible to copy some material for research, criticism or review.
The Design Act, 2000

The author of an industrial design i.e. shape, colour of a design can get it registered under
the act. A design registered initially for 10 years extendable by 5 more years.
The Patents Act, 1970

54. Patent is granted to the inventor of a patentable invention for manufacture or sell
of the article.
55. The Controller of Patents grants the patent for 14 years.

Important Statutes Business Related Laws

We have already done in pretty details the Contract Act which is the fundamental law of
commerce or business. Some other important laws are

The Negotiable Instruments Act, 1881

56. Promissory Notes, Bills of Exchange and Cheques are called negotiable instruments.
57. Public Holidays are declared under this Act.
58. Dishonour of cheque is punishable by upto 2 years of imprisonment and/or fine
under Section 138 of this Act.

The Companies Act, 1956

59. Single largest piece of legislation.

60. Two Types of Companies - Public Limited or Private Limited are registered under
this Act through the Registrar of Companies.
61. Memorandum and Articles of Association are important documents for formation
of a company.
62. Prospectus has to be issued by a Public Company issuing its shares in the capital
market.