Module I

Introduction to Social Legislation

SYLLABUS
Social Legislation: Definition, objectives, & Scope. Social Legislation as an instrument for
Social Change and Social justice. Process of making social legislation
Indian constitution and social Legislation: Fundamental rights, Fundamental duties and
Directive Principles of State policy. Legal system in India: Courts, Hierarchy of courts.

Legislation is an instrument to control, guide, and restrain the behavior of individuals and
groups living in society. Individuals and groups left in absolute freedom may clash with each
other in the pursuit of their self-interest at the cost of others. They cause grave harm to
society leading to chaos.

Legislation is one of the many institutions which controls and directs individual action into
desirable channels. Others being social customs, traditions, religious prescription, etc. Law is
a vast subject having many branches. In a broad sense, all laws are social in character, in a
narrow sense only those laws that are enacted for the purpose of social welfare are
categorized as social legislation. There are several types of legislation such as taxation,
corporate, civil, criminal, commercial, etc.

Social legislation is that branch of law which is an aggregate of the laws relating to the
various socio- economic condition of the people. It is a social institution that embodies the
social norms created on the initiative of a competent legislative agency. These laws are
enacted keeping in view the needs of the time, the circumstances of the nation and its socio-
political ideals.

Definition:
• Dr. R.N. Saxena defines social legislation as ‘any act passed by the legislature or a
decree issued by the government for the removal of certain social evils or for the
improvement of social conditions or with the aim of bringing about social reform.

• A comprehensive definition of the term social legislation is found in the Dictionary of

Sociology by Fairchild. According to this definition social legislation means laws
designed to improve and protect the economic and social position of those groups in
society which because of age, sex, race, physical or mental defect or lack of economic
power cannot achieve health and decent living standards for themselves.
 • Social legislations, according to Prof. Gangrade, involves an active process of
remedy by preventing or changing the wrong course of society or by selecting among
the courses that are proved to be right.

To sum up these definitions social legislation can be defined as special laws which are passed
with the special purposes of improving the socio-economic position of the specific groups
such as women, children, elderly, scheduled castes, scheduled tribes, physically and mentally
challenged, unorganised workers, agricultural and landless labourers and other such
vulnerable groups.

Objectives of Social Legislation

Social legislation derives its inspiration from our constitution and has the following specific
objectives:
• Removal of discrimination on the grounds of sex, religion, caste, class etc. and
promotion of equality to all.
• Safeguard the rights of the weaker section such as women, children, elderly, widows,
destitute and the backward classes.
• Eradication of traditional malpractices and social evils such as untouchability, dowry,
child marriage, female infanticide etc.
• provision of social security.

The main aim of social legislation is to change and reorganize society by improving its social
and economic condition. Each individual of the society has to be given equal rights and equal
opportunities. Social legislation aims to address social problems through legislative means
and initiates the process of social reform and social change based on sound social rules. Since
the process of social change in fast social legislation also provides desired direction to
changes.

Social legislation is required for:

(i) Protection and promotion of rights,
(ii) Prevention of individual and social disorganisation,
(iii) Proactive action,
(iv) Pioneering social reforms in social institutions and, (v) Progressive social values for
desired social order.

In Brief, the main aim of social legislation is to change and reorganize society by improving
its social and economic condition. Each individual of the society has to be given equal rights
and equal opportunities. Social legislation aims to address social problems through legislative
means and initiates the process of social reform and social change based on sound social
rules. Since the process of social change in fast social legislation also provides desired
direction to changes.
Scopes and needs of Social Legislation

Our Constitution reflects the aspirations of masses to become a welfare state where everyone
enjoys the right to live a dignified life and right to the pursuit of happiness are fundamental.
In broader sense, everyone in the country men is entitled to have basic human rights such as
right to life, employment, work health, education, etc. Now these rights can only be secured
through State action. Social legislation gives us a proper formalized legal framework for
achieving these goals. It is a known fact that as social order undergoes changes, new
problems and demands arise which cannot be allowed to go out of hand. Problems such as
juvenile delinquency, new forms of crime, socioeconomic injustices, socio-economic
inequalities, problems of social security have to be tackled through welfare legislations. It is
important to have social legislation to meet the existing social needs and problems. It also
anticipates the direction of social change.

Thus, Social legislation is needed

i) To ensure social justice ii) To bring
about social reform iii) To promote social
welfare iv) To bring about desired
social change
v) To protect and promote of rights of socio-economically
disadvantaged groups of the society.
vi) To prevent individual and social disorganization. vii) For
proactive action viii) For pioneering social reforms in social
institutions ix) For progressive social values for desired social
order

The scope of social legislation is broad and can cover various aspects of social life. Some of
the key scopes of social legislation include:

• Labor Laws:
Employment conditions, including working hours, wages, and benefits.
Occupational health and safety regulations.
Protection of workers' rights, such as the right to organize and collectively bargain.

• Social Security Laws:

Provision of financial assistance to individuals during periods of unemployment, disability, or
retirement.
Health care coverage and benefits.

• Education Laws:
Access to education for all individuals, regardless of background or socioeconomic status.
Standards for educational institutions and programs. Anti-discrimination
policies in education.

• Healthcare Laws:
Regulations ensuring access to healthcare services.
Quality standards for healthcare facilities and professionals.
Patient rights and protections.

• Family and Child Welfare Laws:

Protection of children's rights and well-being.
Laws addressing domestic violence and abuse. Parental
rights and responsibilities.

• Housing Laws:
Regulations to ensure safe and affordable housing. Protection
against discrimination in housing.

• Civil Rights Laws:

Protection against discrimination based on race, gender, religion, disability, or other factors.
Enforcement of equal opportunity and access to public services.

• Environmental Laws:
Regulations to protect the environment and public health. Guidelines
for sustainable development.

• Consumer Protection Laws:

Regulations to ensure fair and transparent business practices. Protection
against fraud and unsafe products.

• Policies for Persons with Disabilities:

Legislation to promote inclusivity and accessibility for individuals with disabilities.
Employment and education opportunities for persons with disabilities.

• Criminal Justice Reforms:

Laws addressing issues such as juvenile justice, rehabilitation, and sentencing reform.
Protection of human rights and due process.

The scope of social legislation may vary from country to country based on cultural,
economic, and political factors. Overall, the goal of social legislation is to create a more
equitable and just society by addressing social issues and promoting the well-being of
individuals and communities.

Social Change
Social Justice

Social Legislation as an instrument for Social Change and Social justice

The British rule in India for the first time established the supreme authority of law in social
matters, ensuring uniformity in law and social order which India did not have till then. In the
last century, we have had a series of legislations intended for bringing about significant
changes in the status of women, children, scheduled castes and other such vulnerable groups
on the one hand, whereas there were legislations for bringing reform in social institutions like
family, marriage etc. on the other. Since Independence a number of social legislations have
been passed. We know many of the evil practices such as Sati, child marriage etc. may have
still persisted, had they not been curtailed by timely suitable legislations. Social legislation,
beset as it may be with drawbacks, has nevertheless helped us to shelve many of our
outmoded traditional customs and practices. For instance, law has been instrumental in
bringing about a change in the status of women. Equality of sexes has been ensured by our
constitution and law has endowed many rights on women at par with men. Today we have
legislation which prohibits any discrimination on the ground of sex. A woman can acquire,
hold and transfer absolute property in addition to Stridhana under the Hindu Succession Act
1956.The Act further gives the women the right of succession equal to that of male heirs.
Where a Hindu male dies without making a will of his property, his widow, mother, daughters
and sons are all classified together as class I heirs and they take one share each. The Dowry
Prohibition Act of 1961 requires the dowry amount to be transferred to the bride within three
months from the time of the solemnization of the marriage. This property is her absolute
property and goes to her heirs if she dies before receiving it. The reforms in the marriage laws
of Hindus have removed many disabilities traditionally imposed on women. It has abolished
bigamy and divorce can now be legally claimed by a wife. Child Marriage Restraint Act 1929
has restrained child marriage. In matters of employment, a woman is entitled for equal pay as
her male counterparts. A daughter can be given and taken in adoption under the Hindu
Adoption and Maintenance Act 1956. Law also has been instrumental in bringing about
structural transformation by abolishing the caste system. Both under the constitutional and
statutory law birth into any caste is no longer a barrier to occupational choice. Abolition of
untouchability by the Protection of Civil Rights has paved the way for social mobility. Many
more such instances can be cited where the changes and reforms are brought through social
legislations. Thus, we can say that social legislation has helped in promoting opportunities for
the exercise of freedom, dignity and justice to the less fortunate. Our traditions impede
change but law can be instrumental in changing traditions and old customary practices.

Process of making social legislation

The process of making social legislation involves several stages and typically follows a
structured and democratic approach. Social legislation refers to laws and regulations that
address various social issues and concerns, aiming to promote the welfare and well-being of
individuals and communities. The specific process may vary depending on the country and its
legal system, but the general steps often include:

Identification of Issues: The process begins with the identification of social issues or
concerns that require legal attention. These issues may include matters related to healthcare,
education, labor rights, social welfare, and more.
Research and Analysis: Once the issues are identified, thorough research and analysis are
conducted to understand the scope, impact, and potential solutions. This stage may involve
gathering data, consulting experts, and studying existing laws and policies.

Drafting Legislation: Legal experts, lawmakers, or government officials draft the proposed
legislation. This involves carefully crafting the language of the law, specifying its purpose,
scope, and the mechanisms for implementation and enforcement.

Consultation and Public Input: Social legislation often undergoes a consultation process to
gather input from stakeholders, including the public, advocacy groups, affected communities,
and experts. This helps ensure that diverse perspectives are considered and that the law is
wellinformed.

Legislative Approval: The draft legislation is presented to the legislative body, such as a
parliament or congress, for debate and approval. Lawmakers discuss the proposed law,
propose amendments, and ultimately vote on its adoption.

Committee Review: In many legislative systems, specialized committees review the

proposed legislation in detail before it goes to the full legislative body. These committees
assess the legal, social, and economic implications and may recommend changes.

Public Hearings: Some jurisdictions may conduct public hearings to allow citizens to
express their views on the proposed legislation directly. This contributes to transparency and
ensures that the concerns of the public are taken into account.

Amendments and Revisions: Based on feedback and discussions, the legislation may
undergo amendments and revisions to address concerns, improve clarity, or enhance its
effectiveness.

Approval by Head of State: Once the legislative body approves the final version of the
legislation, it is typically sent to the head of state for approval. In some cases, the head of
state may have the power to veto or approve the law.
Implementation and Enforcement: After receiving approval, the social legislation is
implemented and enforced by relevant government agencies. This may involve developing
regulations, establishing enforcement mechanisms, and allocating resources
for implementation.

Monitoring and Evaluation: Social legislation is periodically monitored and evaluated to

assess its impact, identify any shortcomings, and make necessary adjustments through
amendments or additional legislation.

The process of making social legislation is complex and involves collaboration between
lawmakers, legal experts, the public, and other stakeholders to ensure that laws effectively
address social issues and contribute to the well-being of society.

Legal system in India: Courts, Hierarchy of courts

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. For democracy to function effectively, it is imperative
to have an impartial and independent judiciary. Independent Judiciary means that the other
branches of the government, namely, the executive and the legislature, does not interfere with
the judiciary’s functioning. The judiciary’s decision is respected and not interfered with by
the other organs. It also means that judges can perform their duties without fear or favour.
Independence of the judiciary also does not mean that the judiciary functions arbitrarily and
without any accountability. It is accountable to the Constitution of the country.

Functions of the Indian Judiciary

The Indian judiciary has important responsibilities that help protect the Constitution and
ensure justice for everyone, like: o Upholding and interpreting the Constitution: The
judiciary's main job is to protect and follow the rules of the Constitution. They make sure that
any law or rule that goes against the Constitution is not allowed. o Resolving disputes
between states: In India, different states sometimes have disagreements or conflicts. The
judiciary, especially the Supreme Court, helps settle these disputes and make sure things are
fair for everyone. o Protecting fundamental rights: The Constitution gives certain important
rights to all citizens and even non-citizens. The judiciary makes sure that these rights are not
violated. If the government makes a law that goes against these rights, the courts have the
power to step in and stop it.
o Helping in making laws: Sometimes, the courts suggest new rules or changes to existing
laws to solve problems in society. They also give advice to the government on issues
 related to the Constitution. This helps in making better laws and ensuring that
everyone's rights are protected.

Hierarchy of courts

India has a single integrated judicial system. The judiciary in India has a pyramidal structure
with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are
the district and subordinate courts. The lower courts function under the direct
superintendence of the higher courts.

The diagram below gives the structure and organisation of the judicial system in the country.

Apart from the above structure, there are also two branches of the legal system, which are:
 1. Criminal Law: These deal with the committing of a crime by any citizen/entity. A
criminal case starts when the local police file a crime report. The court finally decides
on the matter.
2. Civil Law: These deal with disputes over the violation of the Fundamental Rights of a
citizen.
Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The
jurisdiction of the Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the
Constitution.

• Supreme Court
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction includes any dispute between the Centre and State(s) or between States as well as
matters concerning enforcement of fundamental rights of individuals. The appellate
jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court
concerned in respect of any judgment, decree, or final order of a High Court, in both civil and
criminal cases, involving substantial questions of law as to the interpretation of the
Constitution or any law. The appellate jurisdiction of the Supreme Court can also be invoked
through the residuary power of Special Leave Petition, which is to be exercised only in cases
when any substantial question of law is involved, or gross injustice has been done. Supreme
Court decisions are binding on all Courts/Tribunals in the country and act as precedence for
lower courts. Under Article 141 of the Constitution, all courts in India are bound to follow the
decision of the Supreme Court as the rule of law. Further, Article 142 of the Constitution
empowers the Supreme Court to pass any order as may be necessary for doing complete
justice between the parties. The Supreme Court, has over the years, frequently relied upon
Article 142 to meet the ends of justice, and introduced the concepts of absolute liability,
prospective application of a particular judgment, etc.

• High Courts
High Courts have jurisdiction over the States in which they are located. There are at present,
25 High Courts in India. However, few of the High Courts have jurisdiction over more than
one State or Union Territories: Bombay (Mumbai) High Court, Calcutta High Court
(Kolkata), Guwahati High Court, High Court of Judicature at Hyderabad, Madras (Chennai)
High Court and Punjab and Haryana High Courts. For instance, the Bombay High Court is
located at Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction
covers the States of Maharashtra and Goa, and the Union Territories of Dadra and Nagar
Haveli as well as Daman and Diu. Predominantly, High Courts can exercise only writ and
appellate jurisdiction, but a few High Courts have original jurisdiction and can try suits. High
Court decisions are binding on all the lower courts of the State over which it has jurisdiction.

• District Courts
District Courts in India take care of judicial matters at the District level. Headed by a judge,
these courts are administratively and judicially controlled by the High Courts of the
respective States to which the District belongs. The District Courts are subordinate to their
respective High Courts. All appeals in civil matters from the District Courts lie to the High
Court of the State. There are many secondary courts also at this level, which work under the
District Courts. There is a court of the Civil Judge as well as a court of the Chief Judicial
Magistrate. While the former takes care of the civil cases, the latter looks into criminal cases
and offences.
Lower Courts
In some states, there are some lower courts (below the district courts) called Munsif’s courts
and small causes courts. These courts only have original jurisdiction and can try suits up to a
small amount. Thus, Presidency- Small Causes Courts cannot entertain a suit in which the
amount claimed exceeds Rs. 2,000. However, in some States, civil courts have unlimited
pecuniary jurisdiction. Judicial officers in these courts are appointed on the basis of their
performance in competitive examinations held by the various States’ Public Service
Commissions.
 • Commercial Courts
Commercial Courts, Commercial Appellate Divisions as well as Commercial Divisions in
High Courts were constituted under Commercial Courts Act, 2015 throughout India to
specifically deal with matters pertaining to “commercial disputes” of a value more than
Rs.3,00,000, arising out of a wide range of transactions, including export/import, maritime,
franchising, distribution & licensing, consultancy, joint venture, intellectual property,
insurance, investment agreements etc. as specified in the Commercial Courts Act, 2015. The
procedure followed by Commercial Courts is different and stricter in some aspects than the
procedure as applicable to adjudication process of other civil disputes in general.

• Tribunals
Special courts or Tribunals also exist for the sake of providing effective and speedy justice
(especially in administrative matters) as well as for specialized expertise relating to specific
kind of disputes. These Tribunals have been set up in India to look into various matters of
grave concern. The Tribunals do not have to follow any uniform procedure as laid down
under the Civil Procedure Code or the Indian Evidence Act but they have to follow the
principles of Natural Justice. The Tribunals that need a special mention are as follows:

• Income Tax Appellate Tribunal

• Central Administrative Tribunal
• Railways Claims Tribunal