CONSTITUTION OF INDIA, LAW AND ENGINEERING

(KNC-501)
Module or Unit-3 (Part-D)

Topic: Introduction and Basic Information about Legal System

Mr. Updesh Kumar Jaiswal
Assistant Professor,
Department of CSE,
AKGEC, Ghaziabad
SOURCES OF LAW
&
THE
COURT
STRUCTURE

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 A Man is by nature a social being. He comes into contact with other
individuals in different capacities. These contacts or associations are the
mandatory, consequence of modern civilization. In all these associations, he
is expected to observe a Code of Conduct or a Set of Rules.

The objective of these set of rules is to:

➢ Make human associations possible; and

➢ Ensure that members of the society may live; and

➢ Work together in an orderly and peaceful manner.

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FUNCTIONS & PURPOSE OF LAW

1. JUSTICE
2. IMPARTIALITY (निष्पक्षता)
3. CONTINUITY AND UNIFORMITY

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 SOURCES OF LAW
‘Source’ means ‘Origin’ which something is ultimately derived
and often refers to the causes operating before the thing itself
comes into being.

Jurists (Legal experts) differ widely to the view of origin of law.

One of the legal commentator/observer traces its origin in
general awareness of the people at any point of time.
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 SOURCES OF LAW IN INDIA
(A) PRINCIPAL SOURCES OF INDIAN LAW
1 Customs or Customary (प्रथागत) Law
2 Judicial Precedents (मिसाल)
3 Statute (कानन
ू ) Law or Legislation
4 Personal Law

(B) SECONDARY SOURCES OF INDIAN LAW

1 Justice, Equity (हिस्सेदारी) & Good Conscience (मितामित का ज्ञान)
2 English Law 9
ancientext: प्राचीन, antiquity: परु ावशेष

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doctrine: ससद्ाांत, ववचार्ारा, precedents: नमन
ू ा, आध्काररक-ननर्णय
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ordinance: अध्यादे श, recess: अवकाश, promulgate: घोषर्ा करना
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 Structure of Courts in India
As per the judiciary system, there are three levels of courts in India as given below:

•Supreme Court: This is at the top of all state and district courts, presided by the Chief
Justice of India. Because it is the highest authority of justice for the country, the decisions
made by the Supreme Court stands above all other courts. The Supreme Court of India is
located in Mandi House, New Delhi.

•High Courts: Each state has its own High Court, which is most certainly the highest
judicial authority of the state.
•District Courts: This is where most citizens go to for any dispute in their city or region.
Each state comprises many districts and has its own district or subordinate courts. And,
the entire district is presided over by the District Judge.

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 Due to the integrated judicial system of the country, you can
find a strong connection between all the courts.

This means that the decisions of the higher courts are binding
on the lower courts. The ‘appellate system’ (अपील-संबंधी, पुनमविचार संबंधी)
establishes such connection.

Due to the appellate system, if anyone is not satisfied by the

judgment of a lower court (district or high court), he/she/they can
appeal to the higher court for a fair decision.

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 Branches of the Legal System
The Indian legal system has two main sections: Civil Law and Criminal Law.

And the rules for each of these laws vary from each other. As the highest
judiciary authority, the Supreme Court takes care of both civil and criminal issues.

•Criminal Law, takes care of misconduct of citizens, which are defined as an offence or
crime by the law. A criminal case starts with filing a report with the local police, who then
starts an investigation of the matter. The court finally decides on the matter.

•Civil Law, in contrast, takes care of disputes in the event of violation of a citizen’s
Fundamental Rights. The involved parties then file a petition to the relevant court. Finally,
the court provides a solution and a decision thereafter, to the dispute presented.

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 Access to the courts
As per the Constitution of India, it is the Fundamental Right of every citizen to have
access to justice. Hence, every person, common or otherwise, has access to the courts.
However, in reality, legal procedures are an expensive affair, most certainly for
the poor section of the society.

To solve this problem, the Supreme Court introduced the system of Public
Interest Litigation (PIL, जिनित यानिका), which allowed every person to
approach the court first with their issue. This could be done through a simple
communication as a written letter stating the case.

The courts of India play a crucial role in sustaining the Fundamental Rights as
basic as food. Some years ago, a PIL enabled the Supreme Court to include the ‘Right to
Food’ for all citizens, as a part of ‘Right to life, under Article 21 of the Constitution.

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 Thank-You
If you have any question then feel free to contact me.
My mail Id:- jaiswalupdesh@akgec.ac.in

Subject: COI (KNC-501)

UNIT-3