Meaning of Law and

Justice
Introduction to Legal Systems & Concepts
Definitions
 “A law is a rule of conduct imposed and enforced by the
Sovereign.” Austin
 “Law is the body of principles recognized and applied
by the state in the administration of justice.”
Salmond
 “Law is that portion of the established habit and thought
of mankind which has gained distinct and formal
recognition in the shape of uniform rules backed by the
authority and power of the government.”
Woodrow Wilson
 “The object of law is order, and the result of order is
that men are enabled to look ahead with some sort of
security as to the future.” Anson
Source of Law
• English Law
• Indian Statutes
• Judicial Decisions
• Customs and Usages
Legal Terms
1. Volenti Non Fit Injuria: to one who is willing no harm is done
2. Ignorantia Juri non excusat: Ignorance of law is not an excuse.
3. Ultra Vires Latin: beyond the powers.
4. Uberrimae Fidei Latin: of the utmost good faith.
5. Sub Judice Latin: under judicial consideration.
6. Stare Decisis Latin: stay with what has been decided.
7. Res Judicata Latin: already subject to judicial determination.
8. Quo Warranto Latin: legal procedure taken to stop a person or
organization from doing something for which it may not have the
legal authority, by demanding to know by what right they exercise
the controversial authority.
9. Quorum The minimum number of voting members that must be
in attendance at a meeting of an organization for that meeting to
be regularly constituted.
Legal Terms
11. Quid Pro Quo Latin: something for something.
12. Quantum Meruit Latin: as much as is deserved.
13. Prima Facie (Latin) A legal presumption which means
on the face of it or at first sight.
14. Jus in rem
15. Jus in personam
16. Habeas Corpus Latin: a court petition which orders that
a person being detained be produced before a judge for
a hearing to decide whether the detention is lawful.
Legal Terms
17. Delegatus Non Potest Delegare Latin: a delegate
cannot delegate.
• Conensus ad idem
18. Delegatus Non Potest Delegare Latin: a delegate
cannot delegate.
19. Ab Initio Latin: from the start; from the beginning.
20. Bona Fide Latin: good faith
21. Ad valorem: according to value
22. Defacto: in fact
Legal Terms
23..De jure: in law
24. De novo :a new
25. Ex parte: something done to a person not in the presence of
his opponent
26. Intra vires
27. Ipso facto: by the mere fact
28. Locus standi: signifies a right to be heard
29. Mens rea: a guilty mind
30. Obiter dictum: An opinion of law not necessary to the decision
31.Ratio decidendi: reasons for deciding
32.Quid pro quo: something in return
33. Res judicata: A case or suit already decided
34. Status quo: existing condition
Indian Constitution
• The Constitution of India was passed by the Constituent
Assembly of India on November 26, 1949, and came into
effect on January 26, 1950. It is the longest written
constitution of any independent nation in the world,
containing 448 articles and 12 schedules, as well as
numerous amendments
• The Constituent Assembly was the body that framed the
constitution of India. The Constituent Assembly met for 166
days, spread over a period of 2 years, 11 months and 18
days.
• Dr. Rajendra Prasad, Dr.B.R Ambedkar, Sardar Patel,
Maulana Abul Kalam Azad and Shyama Prasad Mukherjee
were some important figures in the Assembly. There were
more than 30 members of the scheduled classes.
Salient Features of the
Constitution of India
• (i) A written and lengthy constitution
• (ii) Sovereign, socialist, secular, democratic, republic
• (iii) Federal government
• (iv) Parliamentary government
• (vi) Directive principles of state policy
• (vii) Partly rigid and partly flexible
• (viii) Single citizenship
• (ix) Universal adult franchise
• (x) Independent judiciary
• (xi) One national language
• (xii) Emergency provisions
Hierarchy of Courts
Supreme Court
• The Indian Judicial System has the Supreme Court of
India at its helm, which at present is located only in the
capital city of Delhi, without any benches in any part of the
nation, and is presided by the Chief Justice of India.
• The largest bench of the Supreme Court of India is called
the Constitution Bench.
• The Appeals to this court are allowed from the High Court,
only after the matter is deemed to be important enough on
the point of law or on the subject of the constitution of the
nation.
• A person or body may also file a Writ against the violation
of Fundamental Rights granted under the Constitution of
India, with the permission of the apex court.
High Court
• Every State has a High Court, which works under the
direct guidance and supervision of the Supreme Court of
India, and is the uppermost court in that state, and
generally the last court of regular appeals.

• For the purpose of disposal of its business, the Judges in

the High Court, either sit singly or in benches of two or
more judges in benches for deciding more important
matters.
Subordinate Courts
• Each state is divided into judicial districts presided over
by a ʹDistrict and Sessions Judgeʹ. He is known as a
District Judge when he presides over a civil case, and a
Sessions Judge when he presides over a criminal case.
He is the highest judicial authority below a High Court
judge.

• DISTRICT JUDGES
• These courts are primarily Civil Courts to hear generally
the appeals from the courts of original civil jurisdiction in
the Districts and Tehsils (Talukas).
Subordinate Courts Cont….
• SESSIONS JUDGES
• APPELLATE CO‐OPERATIVE COURTS
• APPELLATE LABOUR COURTS
• INCOME TAX TRIBUNALS
• CENTRAL EXCISE TRIBUNAL
• SALES TAX TRIBUNALS
• ACCIDENT CLAIMS TRIBUNAL
• REVENUE TRIBUNALS
• SPECIAL COURTS
• ADMINSITRATIVE TRIBUNALS

•
Alternative Dispute Resolution
and Tribunals
• Good offices
• Mediation
• Negotiation
• Conciliation
• Arbitration
Law Making Process
• The Indian constitution gives the law making procedure
in Indian Parliament. A Bill is the draft of a legislative
proposal. It has to pass through various stages before it
becomes an Act of Parliament.

• Bills passed by the Parliament falls into two categories:

• (a) money bills and
• (b) non-money or, ordinary or, public bills.

• An ordinary bill may be introduced in either House of the

Parliament.
Law Making Process Cont….
• First Reading
• The legislative process starts with the introduction of a
Bill in either House of Parliament—Lok Sabha or Rajya
Sabha. A Bill can be introduced either by a Minister or by
a private member. One month’s notice has to be given to
the speaker or, the chairman of the Rajya Sabha before
the introduction of the bill. 

• Publication in Gazette
• After a Bill has been introduced, it is published in the
Official Gazette. 
Law Making Process Cont….
• Reference of Bill to Standing Committee
• After a Bill has been introduced, Presiding Officer of the
concerned House can refer the Bill to the concerned
Standing Committee for examination and make report
thereon.
• Second Reading
• First Stage: The first stage consists of general
discussion on the Bill as a whole when the principle
underlying the Bill is discussed. At this stage it is open to
the House to refer the Bill to a Select Committee of the
House or a Joint Committee of the two Houses or to
circulate it for the purpose of eliciting opinion thereon or
to straightaway take it into consideration.
Law Making Process Cont….
• If a Bill is referred to a Select/Joint Committee, the
Committee considers the Bill clause-by-clause just as
the House does.  After the Bill has thus been
considered, the Committee submits its report to the
House which considers the Bill again as reported by the
Committee.
• Second Stage: The second stage of the Second
Reading consists of clause-by-clause consideration of
the Bill as introduced or as reported by Select/Joint
Committee.
• Discussion takes place on each clause of the Bill and
amendments to clauses can be moved at this stage.
Law Making Process Cont….
• Third Reading
• Thereafter, the member-in-charge can move that the Bill be
passed. This stage is known as the Third Reading of the
Bill. At this stage the debate is confined to arguments either
in support or rejection of the Bill without referring to the
details thereof further than that are absolutely necessary.
• Only formal, verbal or consequential amendments are
allowed to be moved at this stage.
• In passing an ordinary Bill, a simple majority of members
present and voting is necessary. But in the case of a Bill to
amend the Constitution, a majority of the total membership
of the House and a majority of not less than two-thirds of
the members present and voting is required in each House
of Parliament.
Law Making Process Cont….
• Bill in the other House
• After the Bill is passed by one House, it is sent to the
other House for concurrence with a message to that
effect, and there also it goes through  the stages
described above except the introduction stage.
Executive, Judiciary &
Legislature
• There are three branches of the government
ie; legislative branch, the executive branch and
the judicial branch.
• The legislative branch of government is responsible for
enacting the laws of the state and appropriating the
money necessary to operate the government.
• The executive branch is responsible for implementing
and administering the public policy enacted and funded
by the legislative branch.
• The judicial branch is responsible for interpreting the
constitution and laws and applying their interpretations to
controversies brought before it.
Civil & Common Law
• Common law is generally uncodified. This means that
there is no comprehensive compilation of legal rules and
statutes. it is largely based on precedent, meaning the
judicial decisions that have already been made in similar
cases.

• Civil Law, in contrast, is codified. Countries with civil law

systems have comprehensive, continuously updated
legal codes that specify all matters capable of being
brought before a court, the applicable procedure, and the
appropriate punishment for each offense. 
Procedural & Substantive Law
• Procedural law consists of the set of rules that govern
the proceedings of the court in criminal law suits as well
as civil and administrative proceedings. The court needs
to conform to the standards setup by procedural law,
while during the proceedings. These rules ensure fair
practice and consistency in the "due process".

• Substantive law is a statutory law that deals with the

legal relationship between people or the people and the
state. Therefore, substantive law defines the rights and
duties of the people, but procedural law lays down the
rules with the help of which they are enforced.