MODULE I: INTRODUCTION TO LAW AND LAW MAKING

1. LAW: ITS MEANING, SOURCES AND CONCEPTS

What is Law?

The law and the legal system are very important in any civilization. In modern times, no
one can imagine a society without law and a legal system. Law is not only important for
an orderly social life but also essential for the very existence of mankind. In layman’s
language, law can be described as ‘a system of rules and regulations which a country or
society recognizes as binding on its citizens, which the authorities may enforce, and
violation of which attracts punitive action’. These laws are generally contained in the
constitutions, legislations, judicial decisions etc.

Law, simply viewed, is a set of norms that regulate the behaviour of individuals and the
society as a whole. It is integral part of organization of any society. The existence of
norms, howsoever rudimentary they might be, is a prerequisite for socio-political
organization and peaceful co-existence of people. Over the years, through historical
developments, various principles have emerged for improvement in organization of
societies. These principles have gradually helped in better organization and integration of
the norms in more acceptable form called law. In the process, such principles also got
established as legal principles and came to enjoy the legal sanctity as such.

Law is a set of rules, enforceable by the courts, which regulate the government of the
state and govern the relationship between the state and its citizens and between one
citizen and another, and different entities as well. This has led to formation and evolution
of concepts such as person, property, rights, duties. ownership, possession, and so on.
The way such concepts are defined in any legal system and the morality and ethics in any
society together reflect the nature of law of a given society.

Jurists and legal scholars have not arrived at a unanimous definition of law. The problem
of defining law is not new as it goes back centuries. Some jurists consider Law as a
‘divinely ordered rule’ or as ‘a reflection of divine reasons’. Although, there is no general
definition of Law which includes all the aspects of Law, yet for a general understanding,
some of the important definitions are as follows:

• Austin says “Law is the command of Sovereign backed by sanctions.”

Rules laid down by political superiors to political inferiors. In other words, body of
command by a sovereign member or members of an independent society wherein
the author of law is supreme.
• According to Paton, “Law consists of a body of rules which are seen to operate as
binding rules in the community by means of which sufficient compliance with the
rules may be secured to enable the set of rules to be seen as binding.”
• In the words of A. V. Dicey, “Law is the reflection of Public opinion.”
• Acording to Salmond, “Law is body of Principles recognised and applied by the
State in the Administration of Justice” i.e. principles recognized and applied by the
State in the administration of justice.
What is Jurisprudence?

The term jurisprudence has been derived from the Latin word 'jurisprudentia' which
means 'skill or knowledge of the law'. Jurisprudence refers to the study of law. It can also
be called as a science which deals with creation, exploration and enforcement of laws.

Austin was the first jurist to make jurisprudence as a science. He opines that the
appropriate subject to jurisprudence is a positive law i.e. law as it is (existing law). In other
words, jurisprudence is not a moral philosophy but it is a scientific and systematic study
of the existing, actual and positive law as distinguished from natural, ideal or moral law.

Jurisprudence is the philosophy and theory of law. It is concerned primarily with both
what law is and what it ought to be.
Schools of Jurisprudence / Law

1. Natural Law School

Natural law is generally explained as the ‘law of nature, divine law, a law which is eternal
and universal’. However, it has been given different meanings at points in time. For
instance, it was considered to be associated with theology but at same it was also used
for secular purposes. It is considered natural in the sense that it is not created by man
but is found through nature. This central idea states that, there is a higher law based on
morality against which the moral or legal validity of human law can be measured. At the
heart of the natural law theory is a belief that there are certain universal moral laws that
human laws may not go against, without losing legal or moral force.

Natural law theory asserts that there is an essential connection between law and
morality. The law is not simply what is enacted in statutes, and if legislation is not moral,
then it is not law. This view is expressed by the maxim Lex iniusta non est lex (an unjust
law is not a true law). It was also asserted that, if it is not a true law then there is no need
to follow it. According to this view, the notion of law cannot be fully articulated without
some reference to morality.

The principles of Natural law were rejected by Jurists such as Bentham and Austin in the
19th century because of its vague and ambiguous character.

2. Analytical School

This school mainly aims to create a scientifically valid system of law, by analyzing legal
concepts and ideas on the basis of empirical or scientific methods. It is also referred to,
as the positive or imperative school of jurisprudence. It came as a reaction against the
school of natural law. Most of the founders of this school like Jeremy Bentham, an English
philosopher and jurist and John Austin, an English jurist and a student of Bentham (also
popularly credited for founding the analytical school of jurisprudence) discarded and
rejected natural law as ‘vague and abstract ideas’.

The idea of positivism emphasizes the separation of law and morality. According to the
exponents of this school, law is man-made, or enacted by the legislature. Natural law
thinkers proposed that if a law is not moral, no one is under any duty to obey it, while
positivists believe that a duly enacted law, until changed, remains law and should be so
obeyed.

John Austin propounded that “law is the command of the sovereign, backed by
sanctions.” Austin held that command is an expression of desire by a political superior
(e.g. king, Parliament etc.) to a political inferior (eg. subjects, citizens). The political
inferior shall commit or omit an act, under an obligation to obey the command and if, the
command is disobeyed, then, the political inferior is liable for punishment. Commands
are prescribed modes of conduct by the ‘sovereign’. He further viewed sovereign as a
person or group of persons, to whom a society gives habitual obedience and who gives
no such obedience to others.

This idea of command and punishment for disobeying the command is the most
prominent and distinctive character of ‘positive law’. It differentiates positive law from the
‘principles of morality’, which consider law as ‘law of God’, and from ‘positive morality’,
which considers law as man-made rules of conduct, such as customary rules and
international law, etc.

With passage of time, analytical school was rejected by jurist such as Dworkin, Fuller and
Finnis because it gave too much emphasis on ‘law as a command’ and rejected morality
and custom as a source of law. It failed to give morality its due importance.

3. Historical School

According to the followers of the historical school, laws are the creation of interactions
between the local situation and conditions of the people. The historical school suggests
that the law should conform to the local needs and feelings of the society. According to
Friedman, a noted jurist, the main features of Savigny’s historical school of jurisprudence
can be summarized as follows:

• Law should be a reflection of the common spirit of the people and their custom.
• Law is not universal; it is particular like the language of a particular society.
• Law is not static; it has relationship with the development of the society.
• Law is not given by a political superior but is found or given by the people.

Sir Henry James Sumner Maine, a British jurist and legal historian, is the main exponent
the of British Historical School of Jurisprudence. Even the historical approach is not free
from criticism. There are many problems with this approach, and it was rejected on the
ground of its vague, parochial and unscientific explanation of the law.

4. Sociological School

Exponents of this school consider law as a social phenomenon. It visualizes law from the
perceptions of people in the society. This approach emphasizes on balancing the
conflicting interests in society.

The sociological school considers law as a tool for social change. Followers of this school
insist on the fact that law exists for the needs of the society. Roscoe Pound, an American
jurist, was considered as the chief exponent of sociological jurisprudence in the United
States.

According to Roscoe Pound, the main features of the sociological school can be
summarized as follows:

• It highlights the purpose and function of law rather than its’ content.
• Law is a social institution designed for social need.
• Law is a tool to balance conflicting interests of society.

5. Realist School

Realists consider laws made by judges as the real law. They give less importance to the
traditional rules and concepts as real sources of law. Realism is contrary to idealism. It
is a combination of analytical positivism and sociological jurisprudence. Realists do not
give much importance to laws enacted by legislative bodies and consider the judge-
made laws as the actual law.
Realists place great emphasis on the role of judges in the implementation, interpretation
and development of law. Realists believe that the social, economic and psychological
background of a judge plays an important part in his decision-making.

Conclusion

From the above description of the major approaches or schools of law, it may be
interpreted that these approaches can neither be accepted in totality nor rejected
completely. Every school has its own approach of understanding and explaining law.
These theories are products of certain times and places, which are relevant only in a given
setting. Some part or parts of the above enlisted theories might have become outdated
or unacceptable in the present day scenario, but all of those cannot be totally rejected.

Natural Analytical Historical Sociological Realist

School School School School School

Jurists Aristotle, J. Savigny, Rocoe Jerome

Plato, Bentham, Henry Pound, Frank,
Hobbes John Maine, Duguit, Olivecrona,
Montesquieu, Austin, etc. Ihering, etc. etc.
etc. Kelson,
HLA Hart

Distinguishing Nature Law is Custom Purpose of Judicial

Feature command law is to decisions
Human of Common balance are the
Reasons Sovereign Spirit of conflicting prime
People interests of source of
Divine Morality
Sources the society law
ignored

Relationship between Law and Morality

Law and morality are both systems that guide human behavior and maintain social
order, but they do so in different ways and are based on different foundations.
Law is a formal system of rules and regulations enforced by governmental institutions. It
encompasses statutes, regulations, and legal precedents that regulate the behavior of
individuals and organizations. Law is codified and systematically applied, with
established procedures for enforcement and adjudication. It aims to maintain public
order, protect rights and property, and ensure justice and fairness in society.

Morality, on the other hand, refers to a set of principles and values that individuals and
societies consider to be right or wrong. These ethical standards are often influenced by
cultural, religious, and philosophical beliefs. While morality guides personal conduct and
societal norms, it is not enforced by formal institutions. Instead, moral behavior is
typically encouraged through socialization, cultural practices, and personal conscience.
Interrelation Between Law and Morality

1. Overlap and Influence: Many laws are based on moral principles. For example,
laws against theft, murder, and assault often reflect the moral belief that these
actions are wrong. However, not all moral principles are codified into law, and not
all laws have a moral basis.

2. Distinction: While law requires adherence due to the threat of legal

consequences, morality relies on personal and societal values, often enforced
through social approval or disapproval. This distinction means that something can
be legal but considered immoral (e.g., certain business practices), and something
can be moral but illegal (e.g., civil disobedience in protest of an unjust law).

3. Evolution: As societal morals evolve, laws may change to reflect new ethical
standards. For instance, changing moral views on issues such as slavery,
women's rights, and LGBTQ+ rights have led to significant legal reforms.

4. Conflict: There can be conflicts between law and morality, where legal obligations
may clash with personal moral beliefs. In such cases, individuals may face ethical
dilemmas, and societies must navigate these tensions to find a balance.

Examples of the Distinction Between Law and Morality

1. Legal but Immoral:

• Smoking: Smoking tobacco is legal in many places, but it is often

considered immoral due to its harmful effects on health and the
environment.

• Animal Testing: Many jurisdictions allow animal testing for scientific and
commercial purposes, although it is considered immoral by animal rights
advocates.

• Corporate Tax Evasion: Certain tax loopholes allow corporations to

minimize their tax liabilities legally, but such practices are often seen as
unethical.

2. Illegal but Moral:

• Civil Disobedience: Acts of civil disobedience, such as peaceful protests

or trespassing to draw attention to social injustices, may be illegal but can
be morally justified.

• Assisting a Refugee: In some countries, aiding undocumented immigrants

or refugees can be illegal, even if it is done out of compassion and
humanitarian concern.

• Same-Sex Marriage: In regions where same-sex marriage is not legally

recognized, entering into such a union can be seen as morally right by
advocates of LGBTQ+ rights despite its illegality.
Law and morality are essential components of a well-functioning society. While law
provides a structured and enforceable framework to regulate behavior, morality offers a
foundational guide to what is considered right and wrong. Together, they help maintain
social order, promote justice, and facilitate harmonious living. Understanding their
interplay, along with recognizing that not everything immoral is illegal and not everything
illegal is immoral, is crucial for both legal practitioners and ethical thinkers in addressing
complex societal issues.

Purpose, Need and Function of Law

Functions and purpose of law have been changing with time and place. They depend on
the nature of the state. However, at present in a welfare and democratic state, there are
several important functions of law.

It can be stated that law starts regulating the welfare and other aspects of human life,
from the moment a child is conceived in her mother’s womb. In fact, the State interacts
with and protects its citizens throughout their lives, with the help of law. Law is needed in
everyday society because:

• Deterrence in Society: Law creates deterrence, discouraging individuals from

engaging in criminal or undesirable behavior.

• Regulation of Behavior: Law regulates the behavior of individuals and entities to

maintain peace and social control.

• Government-Subject Relationship: Law maintains and clarifies the relationship

between the government and its citizens.

• Social Balance: Law strives to create and maintain a balance in society by

addressing inequalities and ensuring fairness.

• Protection of Rights and Liberties: Law protects individual and collective rights
and liberties, ensuring freedom and equality.

• Dispute Resolution: Law provides mechanisms for resolving conflicts and

disputes among individuals, organizations, and the state.

• Promotion of Order and Stability: Law ensures social order and stability by
providing clear rules and guidelines for behavior.

• Crime Prevention and Punishment: Law defines criminal behavior and prescribes
punishments to prevent crime and punish offenders.

• Fostering International Relations: Law governs international relations, ensuring

cooperation, peace, and compliance with international agreements and treaties.

Some of the major functions and purposes of law are listed below:

• To deliver justice
• To provide equality and uniformity
• To maintain impartiality
• To maintain law and order
• To maintain social control
• To resolve conflicts
• To bring orderly change through law and social reform

Role of Law in Society

Without law our society would be chaotic, uncivilized mess and anarchy would reign
supreme. The role that law has in society is that it creates a norm of conducts in the
society we live in laws are made to protect its citizen from harm. It set in way that all
citizens are given equal opportunity, protection from harm no matter your race, Gender,
religion and social standing. Under the law all its citizens are guarantee equal
protections. In society laws are made to promote the common good for everyone. That is
sets up Guideline for everyone in society to act in way that brings the Greater Good.
Everyone acted without thinking about the Greater Good, society would revert to those
days where survival of the fittest was the common sight. We live in world where we have
finite amount of resources should shared or used. Laws are made on how to manage
these and how we resolve if issues arise over these resources.

Sources of Law

Following are the three sources of Law:

1. Custom

2. Legislation

3. Precedents

I. Custom- Oldest form of lawmaking.

A custom, to be valid, must be observed continuously for a very long time without any
interruption. Further, a practice must be supported not only for a very long time, but it
must also be supported by the opinion of the public and morality. However, every custom
need not become law. For example, the Hindu Marriages Act, 1955 prohibits marriages
which are within the prohibited degrees of relationship. However, the Act still permits
marriages within the prohibited degree of relationship if there is a proven custom within
a certain community.
Custom can simply be explained as those long-established practices or unwritten rules
which have acquired binding or obligatory character.

In ancient societies, custom was considered as one of the most important sources of
law; in fact, it was considered as the real source of law. With the passage of time and the
advent of modern civilization, the importance of custom as a source of law diminished
and other sources such as judicial precedents and legislation gained importance.

Black’s Law Dictionary: A usage or practice of the people, which, by common adoption
and acquiescence, and by long and unvarying habit, has become compulsory, and has
acquired the force of law with respect to the place or subject-matter to which it relates.
Kinds of Customs

i. Customs without sanction: These kinds of customs are non-obligatory in nature and
are followed because of public opinion.

ii. Customs with sanction: These customs are binding in nature and are enforced by the
State. These customs may further be divided into Legal Custom and Conventional
Custom. Legal custom is a custom whose authority is absolute; it possesses the force of
law. It is recognized and enforced by the courts. It may be further classified into General
Customs, i.e., customs which prevail throughout the territory of the State; and Local
customs, which are applicable to a part of the State, or a particular region of the country.
Conventional customs on the other hand are binding on the parties to an agreement.
When two or more persons enter into an agreement related to a trade, it is presumed in
law that they make the contract in accordance with established convention or usage of
that trade. For instance, an agreement between a landlord and tenant regarding the
payment of rent will be governed by convention prevailing in this regard.

Essentials / Tests of a valid custom

• Antiquity: To be legally valid, customs should have been in existence for a

longtime, even beyond human memory. In England, the year 1189 i.e. the reign of
Richard I King of England has been fixed for the determination of validity of
customs. However, in India there is no such time limit for deciding the antiquity of
the customs. The only condition is that those should have been in practice since
time immemorial.
• Continuous: A custom to be valid should have been in continuous practice. It
must have been enjoyed without any kind of interruption. Long intervals and
disrupted practice of a custom raise doubts about the validity of the same.
• Exercised as a matter of right: Custom must be enjoyed openly and with the
knowledge of the community. It should not have been practised secretly. A custom
must be proved to be a matter of right. A mere doubtful exercise of a right is not
sufficient to a claim as a valid custom.
• Reasonableness: A custom must conform to the norms of justice and public
utility. A custom, to be valid, should be based on rationality and reason. If a
custom is likely to cause more inconvenience and mischief than convenience,
such a custom will not be valid.
• Morality: A custom which is immoral or opposed to public policy cannot be a valid
custom. Courts have declared many customs as invalid as they were practised for
immoral purpose or were opposed to public policy.
• Status of Custom with regard to Legislation: In any modern State, when a new
legislation is enacted, it is generally preferred to the custom. Therefore, it is
imperative that a custom must not be opposed or contrary to legislation. Many
customs have been abrogated by laws enacted by the legislative bodies in India.
For instance, child marriage.

Importance of custom as a Source of Law in India

Custom was the most important source of law in ancient India. Even the British initially
adopted the policy of non-intervention in personal matters of Hindus and Muslims. These
variances in customs were also considered a hindrance in the integration of various
communities of the country. During our freedom struggle, there were parallel movements
for social reform in the country. Social reformers raised many issues related to women
and children such as widow re-marriage and child marriage. After independence and with
the enactment of the Constitution, the Indian Parliament took many steps and abrogated
many old customary practices with some progressive legislation. Hindu personal laws
were codified and the Hindu Marriage Act, 1955 and the Hindu Adoption Act, 1955, were
adopted. The Constitution of India provided a positive environment for these social
changes. After independence, the importance of custom has diminished as a source of
law and judicial precedent, and legislation has gained a more significant place. A large
part of Indian law, especially personal laws, however, are still governed by customs.

II. Legislation- Making of Law

In modern times, legislation is considered as the most important source of law. The term
‘legislation’ is derived from the Latin word legis which means ‘law’ and latum which
means ‘to make’ or ‘set’. Therefore, the word ‘legislation’ means the ‘making of law’. The
importance of legislation as a source of law can be measured from the fact that it is
backed by the authority of the sovereign, and it is directly enacted and recognised by the
State. The expression ‘legislation’ has been used in various ways. It includes every
method of law-making. In the strict sense, it means laws enacted by the sovereign or any
other person or institution authorised by him.

As per Gray, “Legislation includes formal utterances of the legislative organs of the
Society.”

Salmond states that “In a strict sense, legislation is that source from where the rules of
laws declared by the competent authority are framed. In the widest sense, it includes all
methods of law-making. In a third sense, it includes every expression of the will of the
legislature whether making of rules of law or not.”

Delegated Legislation

Delegated legislation is, strictly speaking, any law passed by an authority other than the
legislature. It means the rules, orders or bye-laws made by the executive authorities
under the law passed by the Parliament. In simple words, when Legislature bestows the
law-making power on some other body, then the legislative power is said to be delegated
and this is known as delegated legislation.

Delegated legislation should not to be mistaken with the executive legislation. The former
refers to the laws made by the authorities other than those to whom the Legislature has
delegated its legislative authority. The latter refers to the legislation passed by the
President and the Governor under Articles 123 and 213, respectively, of the Indian
Constitution. These laws are in the form of Ordinances which have the force of law. Such
Ordinances are issued by the respective executive heads on the ground of urgency when
Legislature is not in session and they cease to have effect if not ratified within six weeks
after the assembly of the Legislature. The source of delegated legislation is always the
Act of the Parliament but the source of the executive legislation is a constitutional
provision.

Comparison between Legislation and Precedent

• The legislation has its source in the law-making will of the State whereas
precedent has its source in judicial decisions.
• The Legislature imposes laws on the courts, but the courts themselves set
precedents.
• Legislation denotes formal declaration of law by the Legislature whereas
precedents are recognition and application of new principles of law by courts in
the administration of justice.
• Legislation is passed prior to a case actually coming up, but the precedent is only
established once the matter has been brought up and is being heard by the court.
• Legislation is declared or published before it is brought into force but precedent
comes into force at once, i.e., as soon as decision is pronounced.

Comparison between Legislation and Custom

• Legislation develops from theoretical concepts, whereas customary law develops

from usage and a long existence.
• Legislation as a source is historically much latter as compared with custom which
is the oldest form of law.
• In contrast to customary law, which is largely unwritten (jus non scriptum) and
difficult to trace, legislation is comprehensive, precise, written in form, and easily
accessible.

In the modern world, legislation is one of the primary and most significant sources of law.
Several nations in the modern world regard this method of law-making and view
legislation as a crucial source of law. Legislation as a source of law attempts to create
consistency by eliminating ambiguity, therefore even though it has some flaws and gaps,
these problems are still much less severe than those associated with custom and
precedent, the other sources of law.
It can be concluded that Legislation is recognised as one of the most effective sources of
law for two main reasons. Firstly, it involves laying down of legal rules by the legislature
which the State recognises as law. Secondly, it has the force and authority of the State. It
is for this reason that Dias has rightly said that deliberate law-making by an authoritative
power, i.e., the State is called 'legislation' provided that authority is duly recognised as
the supreme power by the courts.

III. Precedent

A precedent is the statement of law embodied in the decision of the Superior Court,
which has to be followed by all the courts subordinate to it. In simple words, judicial
precedent refers to previously decided judgments of the superior courts, such as the
High Courts and the Supreme Court, which judges are bound to follow. This binding
character of the previously decided cases is important, considering the hierarchy of the
courts established by the legal systems of a particular country. Judicial precedent is an
important source of law, but it is neither as modern as legislation nor is it as old as
custom.

Keeton: A judicial precedent is a judicial decision to which authority has been attached
in some measure.

Jenks: In a decision by a competent court of justice upon a disputed point of law, judicial
precedence becomes not merely a guide but an authority to be followed by all courts of
inferior jurisdiction administering the same system until it has been overruled by superior
Court of justice or by a statute.

Hierarchy of Courts

• All lower courts are bound by the decisions of the High Court to which they are
subordinate. Every State has their own High Court.
• High Courts have two benches – Single Bench (presided by single judge) and
Division Bench (presided by two judges). A single judge of a High Court, in
conformity with judicial comity, is bound to follow a decision of another single
judge. Judicial propriety demands that in case a single judge does not agree with
the ratio in the decision of another single judge does not agree with the ration
(reason of decision) of another single judge, he should refer the matter to a bench
of two or more judges.
A decision of the High Court has only persuasive value to the High Court of another
State, all being courts of co-ordinate jurisdiction.
• Article 141, Constitution of India – “The law declared by the Supreme Court shall
be binding on all courts within the territory of India.” Therefore, the decision of
Supreme Court sets the precedent for all other courts in India. The judgment laid
down by the Hon’ble Supreme Court is binding on all courts, and almost
equivalent to law. It is not bound by its own decision.
Doctrine of Stare Decisis

The term ‘Stare Decisis’ originates from Latin. It means ‘to abide by things decided.’ The
doctrine of Stare Decisis is used by all courts in all cases/legal issues. The doctrine of
precedent in Britian has assumed a special form known as Stare Decisis, the effect of
which is that judicial decisions have binding force and enjoy ‘law quality’ per se. Binding
force depends on hierarchy of courts, higher courts bind lower courts, and never vice
versa.

The doctrine of Stare Decisis means that courts refer to the previous, similar legal issues
to guide their decisions. Such previous decisions that courts refer to are known as
“precedents”. Precedents are legal principles or rules that are created by the decisions
given by courts. Such decisions become an authority or an example for the judges to
decide similar legal cases/issues in the future. The doctrine of Stare Decisis creates an
obligation on courts to refer to precedents when taking a certain decision. For instance,
if the Supreme Court passes a judgement and it becomes a precedent, then as per the
doctrine of Stare Decisis, the lower courts must follow such a judgement. The same
principle has been mentioned in Article 141 of the Constitution.

Advantages of Precedent as a source of Law

1. Such a system leads to an element of certainty and convenience as it provides

settled laws and also saves the labour of judges in similar matters.

2. The law is able to grow as the needs of the society alters. New rules arise out of
concrete fact situations. As per Allen, a jurist, the judge is the interpreter of the
social mind & he can easily adapt the law to the changing wants of those amongst
whom the law is administered.

3. The law becomes flexible and a general ratio decidendi may be extended to
various fact situations.

Parts of judgment:

1. Ratio Decidendi

Each judgement consists of various parts, and it is not necessary that each part acts as
a judicial precedent. ‘Ratio decidendi’ refers to the binding part of a judgment. ‘Ratio
decidendi’ literally means reasons for the decision. It is considered as the general
principle which is deduced by the courts from the facts of a particular case. It becomes
generally binding on the lower courts in future cases involving similar questions of law.

2. Obiter Dicta

As rightly described by Keeton, “Obiter Dictum/Dicta are observations made by the judge
but which are not essential for the decision reached.”

An ‘obiter dictum’ refers to parts of judicial decisions which are general observations of
the judge and do not have any binding authority. However, obiter of a higher judiciary is
given due consideration by lower courts and has persuasive value.
Classification of Law

1. International Law: International Law is a branch of law which consists of rules which
regulate relations between States or Nations inter se. In other words International Law is
a body of customary and conventional rules which are considered to be legally binding
by civilized Nations in their intercourse with each other. International Law is mainly based
on Treaties between civilized Nations. International law can be divided into Public and
Private International Law. Public International Law governs the conduct and relations of
State with other States. Private International Law means those rules and principles
according to which the cases having foreign elements are decided.

2. Municipal Law or National Law: Muncipal Law is that branch of Law, which is applied
within a State. It can be divided into two classes Public Law and Private Law. Public Law
regulates the organization and functioning of the State and determines the relations of
the State with its subjects, such as, Constitutional Law, which determines the nature of
State and the structure of the Government; Adminstrative Law, that deals with the
structure, powers and functions of the organs of administration; the limits of their power;
the methods and procedure followed by them in exercise of their power; the methods by
which their powers are controlled, including remedies available to a person against them
when his/her rights are infringed by their operation; and Criminal Law, which defines
offences and prescribes punishment for them. Private Law regulates and governs the
relations of citizens with each other. It includes Personal Law e.g. Hindu Law and Muslim
Law.

2. CONSTITUTIONAL LAW WITH EMPHASIS ON FUNDAMENTAL RIGHTS, DIRECTIVE

PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES

Introduction

The term Constitution is derived from the Latin term “constitutio” which means ‘to
establish’. The Oxford Latin Mini Dictionary describes Constitution as a ‘body of
fundamental principles or established precedents according to which a State or other
organization is acknowledged to be governed’.

The Constitution of a state lays down the duties, powers and functions of the various
organs of government. It establishes relationship among the organs, and the State and
its citizens. Hence, a Constitution is an agreed upon document, which ‘establishes’ the
basis on which consenting people shall govern themselves.

It is the fundamental law of a State. The features of Constitution may vary from state to
state. Government of a state operates in accordance with the principles laid down in its
Constitution. It helps to maintain law and order in the country.

Georg Jellinek (1851-1911) had even argued that in the absence of Constitution, every
individual, every institution and even the government will ignore law and as a result, there
will be ‘reign of anarchy’.

The Constitution of India, which came into effect on 26 January 1950, holds the
distinction of being one of the lengthiest Constitutions in the world. It was drafted by the
Constituent Assembly. Although the Constituent Assembly was largely a one-party body,
the Congress Party had arranged for some persons distinguished in law and public affairs
to be elected to the Constituent Assembly to contribute to the making of the
Constitution. India’s first law minister, Bhimrao Ramji Ambedkar, was appointed the
Chairman of the Constitution Drafting Committee. Therefore, Dr. Ambedkar has been
termed as the principal architect of the Constitution of India. The Constituent Assembly
had two roles to play- governance and the framing of the Constitution.

Sources of Constitution

The framers of the Constitution of India, i.e. the Constituent Assembly, drew upon three
sources to draft the Constitution. The first source was the foundation document or the
base text- the Government of India Act of 1935, which was passed by the Parliament in
London. This Act was the basis for the government and was in force in India from 1935
until 1950 when the Constitution of India was adopted. The second source was the
constitutions of other countries. They were used mostly with respect to the two chapters
of the Constitution namely, the Fundamental Rights and the Directive Principles of State
Policy.
The third source was the Objectives Resolution adopted in the December 1946 Assembly
session. The Constitution derived its spirit from this source. The Objectives Resolution
stated that all the people should be secured with regards to justice- social, economic
and political, equality of status, of opportunity, and before the law; freedom of thought,
expression, belief, faith, worship, vocation, association and action, subject to law and
public morality.

Features and Borrowings of Constitution

1. Lengthiest Constitution - Indian Constitution is the lengthiest and the most

detailed of all the constitution in the World.
2. Sovereign, Socialist, Secular, Democratic Republic - The preamble of the
Constitution declares India to be a sovereign, socialist, secular, democratic,
republic. The word ‘Sovereign’ emphasises that India is fully independent and is
no more dependent upon any outside authority. The words socialist and secular
were inserted in the preamble by the Constitution (42 nd Amendment) Act, 1976.
The word ‘Socialism’ is used in democratic and socialistic countries and has no
definite meaning. In general, it means some form of ownership of the means of
production and distribution by the state. The term ‘Secularism’ means a State. In
other words, the State treats all religions equally. The term ‘Democratic’ denotes
a form of Government, which secures power/authority from the will of the people.
In Other Words, the voice of the Government is nothing but the choice of the
people. Finally, the term ‘Republic’ signifies that there shall be an elected head of
the State as the Chief Executive Head. As such, the President of India is the Chief
Executive Head.
3. Quasi Federal - Constitution of a country may be unitary or federal. In the unitary
constitution, power is centralised in Central Government. EG- England (U.K). In
the Federal Constitution, the powers are distributed between Centre and States.
Eg.-America features (U.S.A.). However, Indian Constitution satisfies both the
unitary feature (Eg. Parliamentary Democracy and Cabinet form of Govt.) and
federal features ( Eg. Distribution of power between the centre and State,
Independence of Judiciary etc.) and hence, it is ‘Quasi/Semi Federal’.
4.Parliamentary Democracy and Cabinet Form of Government – The significant
feature of the Indian Constitution in the Parliamentary democracy and cabinet
form of Government. In Parliamentary democracy, the Govt. gets authority/power
from the will of the power. In cabinet form of Govt. the President is the
constitutional head and the real executive power is vested in the Council of
Ministers headed by the Prime Minister.
5. Fundamental Rights – Part- III of the Constitution containing Article 12 to 35,
provide for fundamental Right is a right without which a human being cannot
survive. Fundamental Right is also known as basic rights of justiciable rights and
is enforceable.
6. Directive Principles – Part-IV of the Constitution deals with the directive principle
of State Policy. Article 36 to 51 lay down various provisions relating to directive
principles. Society is guaranteed with certain directives for creation of welfare
State, Indian Constitution envisages the establishment of a welfare state, which
can only be achieved if the State endeavour to the successful implementation of
the directive principles. However, the directive principle is not enforceable.
7. Fundamental Duties – The Constitution (42nd Amendment ) Act, 1976 specifically
conferred on the citizens certain fundamental right and also requires the citizens
to observe certain basic norms of democratic conduct and behaviour.
8. Adult Suffrage – The framers of the Constitution incorporated the system of
uniform adult suffrage, According to Art. 326 every citizen of India, who has
attained the age of 21 years has the right to vote to elect representatives to the
Legislatures, both Central and State. The voting age is reduced from 21 to 18 years
by the Constitution ( 61st Amendment) Act, 1989.
9. Single Citizenship – The Constitution provides for single citizenship. It means, only
citizenship of India and there is no citizenship of the State. American Constitution
provides for dual citizenship i.e., the citizenship of America and also State
Citizenship.
10. Judicial Review and Independence of Judiciary – Indian Constitution provide for
the independence of judiciary According to Art. 124 of the Constitution, The Judge
of the Supreme Court and High Courts are appointed by the President. But they
are not subject to control by any authority. Further, Arts 32 and 226 confer on the
Supreme Court and High Courts respectively, the power of judicial review to
examine the constitutional validity of a law passed by the Parliament or State
Legislative.
11. Both Rigid and Flexible – A rigid constitution is one, the provisions of which cannot
be amended so easily except by a special method of amendment. While the
flexible constitution is one, the provisions of which can be amended by the
ordinary legislative process. Art. 368 of the Constitution power on the Parliament
to amend the provisions of the constitution in three ways, namely: (1) Simple
Majority: (2) Special Majority (3) Special majority and Ratification by States.
Hence, the Constitution of India is both rigid and flexible.

Preamble
• TEXTBOOK OF LEGAL STUDIES XI-2022-2023 •

PREMABLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
UNIT I

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY
ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
UNIT II

The Preamble
The Preamble to tothe
theConstitution reaffirms
Constitution reaffirms thatpeople
that the the people of India
of India have have
adopted, adopted,
enacted and
enacted
givenand given to themselves
to themselves the Constitution.
the Constitution. Supreme Court Supreme
in Charan Court in Charan
Lal Sahu LalOfSahu
v. Union Indiav.
Union(AIR
of India (AIR1480)
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that Sovereign
denotes that India is not subject to any external authority and that India as a state
held that “Sovereign denotes that India is not subject to any external authority and that has the power
to legislate on any subject in conformity with Constitutional limitations.
The Preamble to the Constitution states that India’s governing system is based on Republican
and Democratic principles. In S. R. Bommai v. U.O.I. (AIR 1994 SC 1918), the Supreme Court
held that the word ‘democratic’ signifies that ‘India has a responsible parliamentary form of
UNIT III

Government, which is accountable to the elected legislature’.

‘Republic’ denotes that the head of the state is an elected person and not a hereditary monarch.
Any Indian without any discrimination as to the caste, creed, and religion can contest for
India as a state has the power to legislate on any subject in conformity with
Constitutional limitations.”

The Preamble to the Constitution states that India’s governing system is based on
Republican and Democratic principles. In S. R. Bommai v. U.O.I. (AIR 1994 SC 1918), the
Supreme Court held that the word ‘democratic’ signifies that ‘India has a responsible
parliamentary form of Government, which is accountable to the elected legislature’.
‘Republic’ denotes that the head of the state is an elected person and not a hereditary
monarch. Any Indian without any discrimination as to the caste, creed, and religion can
contest for Presidential elections and can occupy the office, provided he fulfills the
eligibility conditions as provided by the Constitution.

The word ‘Socialist’ was added by the Constitution (forty-second Amendment) Act, 1976.
This term is not defined in the Constitution. In general, it means a system under which
the means of production and distribution are State owned. The Supreme Court in the
case of S.R. Bommai v. Union of India (AIR 1994 SC 1918) held that the principal aim of
socialism is to eliminate inequality of income, status, standards of life and to provide a
decent standard of life to working people.
The Preamble establishes India as a Secular State. India is a country of multifarious
religions, beliefs and sects. Its people profess and practise different religions. But India
as a Union of states has no official religion. The state does not identify itself with or favour
any particular religion. State laws and policies prohibit any discrimination on the grounds
of religion. It treats all religious equally and confers protection to citizens to profess,
propagate and practise their religions. The word ‘Secular’ was added by the Constitution
(forty-second Amendment) Act, 1976.

The Preamble seeks to achieve for all citizens, social, economic and political justice;
liberty of thought, expression, belief, faith and worship; equality of status and
opportunity; fraternity, unity and integrity of the nation. The Preamble and the
Constitutional provisions aim to secure to its citizens equality of status and opportunity
in state affairs such as elections, and in state employment without any special privilege
or discrimination based on the ground of religion, race, caste, sex, place of birth.

The concept of justice goes beyond its narrow legal connotation. Social justice implies
that discrimination on the basis of birth, caste, race, sex or religion should cease. To that
end, all citizens should enjoy equal opportunities in the matter of public appointment.
Economic justice implies that the gap between the rich and the poor is bridged, and the
exploitation ceases. Removal of poverty is to be achieved not by taking away assets from
those who have but by ensuring a more equitable distribution of national wealth
and resources among those who contribute to its creation. Political justice implies that
all citizens should have an equal opportunity to participate in the political system. One
person-one vote is ensured irrespective not only of caste, sex or religion but also of
proprietary or educational qualifications.

Democracy is closely connected with the idea of liberty; certain minimal rights must be
enjoyed by every person in a community for a free and civilized existence. These basic
rights are spelt out by the Preamble as freedom of thought, expression, belief, faith and
worship.
Rights have no meaning if they cannot be enjoyed equally by all members of the
community. To ensure that it is possible for all to enjoy these rights, social and economic
equality is sought to be achieved. Public places are open to all citizens, titles of honour
stand abolished, untouchability is abolished, among other things. The rule of law is to
prevail: all citizens are equal before the law and enjoy equal protection of the laws of the
land. Political equality is provided by the principle of universal adult franchise and by
allowing, at least in principle, any citizen the opportunity to participate in the process of
governance. Economically, the same ability and work entitle persons to the same salary.
The exploitation of an individual or group is to be removed.

A democratic system would function in a healthy manner only if there is a spirit of

brotherhood, of oneness, among the people of the land. India being a land of immense
diversity is all the more in need of this spirit of unity – the sense of belonging to one nation.
The principle of common citizenship is directed towards strengthening this sense of
‘unity and integrity’ of the nation. Fraternity is also sought to be promoted by ensuring
equal rights to all. Fraternity, said DR. Ambedkar, “is the principle which gives unit and
solidarity to social life”. It is the feeling that will protect the unity of India against external
attack or disintegration through internal unrest born of social, political and economic
causes. Fraternity, however, is not possible unless the dignity of each individual is
preserved and respected. Maintaining this dignity requires the guarantee of certain
minimal justiciable rights to each individual.

Basic Structure Doctrine

The Kesavananda Bharati judgment introduced the Basic Structure doctrine which
limited Parliament’s power to make drastic amendments that may affect the core values
enshrined in the Constitution like secularism and federalism. The verdict upheld the
power of the Supreme Court to judicially review laws of Parliament. It evolved
the concept of separation of powers among the three branches of governance —
legislative, executive and the judiciary.

Doctrine of Basic Structure says that:

• The parliament’s unlimited power to amend the constitution is subject to only one
restriction i.e it should not dilute or violate the basic structure of the constitution.

• Or the effects of the amendment should not be abrogating or disturbing in nature

towards the basic structure.

The following four cases are important to understand the genesis of ‘Basic structure’
doctrine-
• SC opined that the power of the parliament to
amend the constitution under Article 368 also
includes the power to amend Fundamental
Rights
Shankari Prasad case
• It based its judgment on the logic that the
word ‘law’ mentioned in Article
13 includes only ordinary laws and not
constitutional amendment acts

• SC overruled its judgment

• It ruled in this that- Fundamental Rights are

given a transcendental and immutable
position and hence the Parliament cannot
abridge or take away any of these rights

Golaknath case • It opined the constitutional amendment act is

also a law under Art 13

• Parliament reacted to this judgment by

enacting 24th amendment act which included
a provision in Art 368 which declared that
Parliament has power to take away any of the
fundamental rights
• SC overruled its judgment in the Golaknath case

• It upheld the validity of the 24th amendment act

Keshavananda Bharati case and opined that parliament is empowered to
take away or abridge any of the FRs. However,
such changes should not alter the ‘basic
structure’ of the constitution

• Amended Art. 368 – no limitation on the

constituent power of Parliament.
42nd CAA 1976
• Any amendment cannot be questioned in any
court on any ground.

• Parliament reacted to the above case by

enacting 42nd amendment act which declared
under article 368 that there is no limitation on
the constituent power of Parliament and it
barred the courts from questioning such
Minerva mills case amendments

• This provision was invalidated by the SC stating

that Parliament cannot take away the ‘judicial
review’ power of the constitution since it is
part of the ‘basic structure of the doctrine’

• SC clarified that doctrine would be apply to

constitutional amendments enacted after
Waman Rao case 1981
April 24, 1973 (Kesavananda Bharati case)
(Including 9th schedule)
The Doctrine of Basic Structure, as a hallmark of Indian judicial innovation, ensures
that the foundational principles of the Constitution of India remain intact while the
Constitution keeps on evolving through amendments. In navigating the complex
interplay between change and continuity, the doctrine ensures that the soul of the
Constitution remains untouched.

The doctrine of basic structure though is not exactly defined but through its contents
which have been provided by the judicature clarifies a scope defining the frame or the
structure of the constitution. From time-to-time basic structure is enhanced with some
new contents and hence the Supreme Court is yet to define the exact basic structure of
the constitution.

• Supremacy of the constitution

• Rule of law

• Sovereignty, liberty and republic nature of Indian polity.

• Judicial review

• Harmony and Balance between fundamental rights and directive principles.

• Separation of power.

• Federal character.

• Parliamentary system.

• Rule of equality.

• Unity and integrity of the nation.

• Free and fair elections.

• Powers of SC under Article 32,136,142,147

• Power of HC under Article 226 and 227.

• Limited power of parliament to amend the constitution.

• Welfare state.

• Freedom and dignity of an individual.

Fundamental Rights

In the Constitution of India, the human rights provisions are set out in two chapters. Part
III of the Constitution provides for Fundamental Rights, largely of political and civil
nature, which are enforceable by a court of law. This chapter was revolutionary as it
broke the barriers of the Indian traditional and hierarchical society that did not recognize
the principles of individual equality.
Fundamental rights are the basic human rights enshrined in the Constitution of India
which are guaranteed to all citizens. They are applied without discrimination based on
race, religion, gender, etc. Significantly, fundamental rights are enforceable by the
courts, subject to certain conditions.

Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights
are conferred on the citizens of India for Constitution tells that these rights are inviolable.
Right to Life, Right to Dignity, Right to Education etc. all come under one of the six main
fundamental rights. These six fundamental rights along with the constitutional articles
related to them are mentioned below:

1.Right to Equality (Article 14-18)

2.Right to Freedom (Article 19-22)

3.Right against Exploitation (Article 23-24)

4.Right to Freedom of Religion (Article 25-28)

5.Cultural and Educational Rights (Article 29-30)

6.Right to Constitutional Remedies (Article 32)

• Article 12 - Definition of State

Article 12 defines the term ‘State’ as used in different Articles of Part III. It says that unless
the context otherwise requires the term ‘State’ includes the following:-

1.The Government and Parliament of India, i.e., Executive and Legislature of Union.

2.The Government and Legislature of each State i.e., Executive and Legislature of
States.

3.All local or other authorities within the territory of India.

4.All local and other authorities under the control of the Government of India.

In earlier decisions, the Court gave a restrictive interpretation of the expression ‘other
authorities’ under Article 12. The ‘authorities’ not created by the Constitution or by a
statute could not be a ‘State’ within the meaning of Article 12.

In Electricity Board, Rajasthan v. Mohan Lal (1967), the Supreme Court held that only the
authorities created by the Constitution or Statute are ‘other authorities’ though it is not
necessary that statutory authority should be engaged in performing governmental
functions.

In R.D. Shetty v. International Airport Authority of India, (1979), the International Airport
Authority was held to be ‘the State’. The court laid down the following tests:

i. State mainly or chiefly contributed to the financial resources.

ii. Deep and pervasive State control e.g., appointment and removal of members of
society, etc.

iii. The function of the corporation is of public importance i.e., governmental in

essence.

iv. If a government department is transferred to a corporation.

v. The corporation enjoys monopoly status which is State-conferred.

In subsequent decisions, the Supreme Court gave a broad and liberal interpretation to
the expression “other authorities” in Article 12. With the changing role of the State from
merely being a police State to a Welfare State, it was necessary to widen the scope of the
expression “authorities” in Article 12 so as to include all those bodies which are, though
not created by the Constitution or by the statute are acting as agencies or
instrumentalities of the Government. In modern times a government has to perform
manifold functions. For this purpose, it has to employ various agencies to perform these
functions.

• Article 13: Laws inconsistent with Fundamental Rights

Article 13(1) declares that all laws in force in the territory of India immediately before the
commencement of this Constitution shall be void to the extent to which they are
inconsistent with the provisions of Part III of the Constitution, Clause (2) provides that
the State shall not make any law which takes away or abridges the rights conferred by
Part III and any law made in contravention of fundamental rights shall, to the extent of
the contravention, be void. Clause (3) gives the term ‘law’ a very broad connotation which
includes any ordinance, by-law, rule, regulation, notification, custom or usage having the
force of law.

Article 13 provides for ‘judicial review’ of all legislations in India, past as well as future.
This power has been conferred on the High Courts and the Supreme Court (Article 226
and Article 32) which can declare a law unconstitutional if it is inconsistent with any of
the provisions of part III of the Constitution.

In Keshavanda Bharati v. the State of Kerela (1973), Khanna, J. observed, “Judicial

Review” has become an integral part of our Constitutional System and power has been
vested in the High Courts and the Supreme Court to decide about the constitutional
validity of the provisions of statutes. If the provisions of the statutes are found to be
violative of any of the Articles of the Constitution which is the touchstone for the validity
of all laws, the Supreme Court and the high Courts and empowered to strike down the
said provisions”.

• Six Fundamental Rights

Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the
government and insures against discrimination by the State in matters of employment on
the basis of caste, religion, etc. This right also includes the abolition of titles as well as
untouchability.

Equality before Law: Article 14 of the Constitution guarantees that all citizens will be
equal before law. It means that everyone will be equally protected by the laws of the
country. No person is above law. It means that if two persons commit the same crime,
both of them will get the same punishment without any discrimination.

No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth: As per
Article 15, the State cannot discriminate against a citizen on the basis of religion, race,
caste, sex or place of birth. This is necessary to bring about social equality. Every citizen
of India has equal access to shops, restaurants, places of public entertainment or in the
use of wells, tanks or roads without any discrimination. However, the State can make
special provisions or concessions for women and children.

Equality of Opportunity to all Citizens in matter of Public Employment: Article 16 provides

that the State cannot discriminate against anyone in the matter of public employment.
All citizens can apply and become employees of the State. Merits and qualifications will
be the basis of employment. However, there are some exceptions to this right. There is a
special provision for the reservation of posts for citizens belonging to Scheduled Castes,
Scheduled Tribes and Other Backward Classes (OBCs)

Abolition of Untouchability: Article 17 has abolished the practice of untouchability.

Practising untouchability in any form has been made a punishable offence under the law.
This provision is an effort to uplift the social status of millions of Indians who had been
looked down upon and kept at a distance because of either their caste or the nature of
their profession.

Abolition of Titles: As per Article 18, no title which is not a military or academic distinction
shall be conferred. All the British titles like Sir (Knighthood) or Rai Bahadur which were
given to the British loyalists during the British rule, have been abolished because they
created distinctions of artificial nature. However, the President of India can confer civil
and military awards to those who have rendered meritorious service to the nation in
different fields. The civil awards such as Bharat Ratna, Padma Vibhushan, Padam
Bhushan and Padma Shri and the military awards like Veer Chakra, Paramveer Chakra,
Ashok Chakra are conferred and allowed.

Right to Freedom (Article 19-22)

Article 19 of the Constitution provides for the following six freedoms:

• Freedom of speech and expression

• Freedom to assemble peacefully and without arms
• Freedom to form Associations and Unions
• Freedom to move freely throughout the territory of India
• Freedom to reside and settle in any part of India
• Freedom to practise any profession or to carry on any occupation, trade or
business

The purpose of providing these freedoms is to build and maintain an environment for
proper functioning of democracy. However, the Constitution has authorized the State to
impose certain reasonable restrictions on each of them:

1. Restrictions may be put on the Right to Freedom of speech and expression in the
interests of the sovereignty, integrity and security of India, friendly relations with
foreign States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence.
2. Right to assemble peacefully and without arms may be restricted in the interests
of the sovereignty and integrity of India or public order.
3. Right to form associations or unions may have restrictions in the interests of the
sovereignty and integrity of India, public order or morality.
4. Right to move freely throughout the territory of India and to reside and settle in any
part of India may also be restricted in the interest of the general public or for the
protection of the interests of any Scheduled Tribe.
5. Right to practise any profession or to carry on any occupation, trade or business
may have restrictions in the interests of the general public. The State is also
permitted to lay down the professional or technical qualifications necessary for
practising any profession or carrying on any occupation, trade or business.

Protection in respect of conviction for offences: Article 20 of the Constitution provides

for the protection in respect of conviction for offences. No one can be convicted for an
act that was not an offence at the time of its commission, and no one can be given
punishment greater than what was provided in the law prevalent at the time of its
commission. Also, no one can be prosecuted and punished for the same offence more
than once and can be forced to give witness against his or her own self.

Protection of life and personal liberty: As provided in Article 21, no one can be deprived
of his or her life or personal liberty except according to the procedure established by law.

Right to free education: This right was inserted in 2002 by the 86th Amendment. According
to Article 21A, the State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law, determine.

Protection against arrest and detention in certain cases: It is provided in Article 22 that
whenever a person is arrested, he or she should be informed, as soon as it is possible, of
the grounds for arrest and should be allowed to consult and to be defended by a legal
practitioner of his or her choice.

Right against Exploitation (Article 23-24)

The citizens have been guaranteed the right against exploitation through Articles 23 and
24 of the Constitution. These two provisions are:
Prohibition of traffic in human beings and forced labour: Traffic in human beings and
begar and other similar forms of forced labour are prohibited and any breach of this
provision shall be an offence punishable in accordance with law.

Prohibition of employment of children in factories, etc.: As the Constitution provides, no

child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment. This right aims at eliminating one of the
most serious problems, i.e., child labour. In People's Union for Democratic Rights v.
Union of India(1983), it was contended that the construction work is hazardous
employment and therefore under Art. 24 no child below the age of 14 years can be
employed in the construction work even if construction industry is not specified in the
schedule to the Employment of Children Act, 1938.

Right to Freedom of Religion (Article 25-28)

One of the objectives declared in the Preamble is “to secure to all its citizens liberty of
belief, faith and worship”. Since India is a multi-religion country, where Hindus, Muslims,
Sikhs, Christians and many other communities live together, the Constitution declares
India as a ‘secular state’. It means that Indian State has no religion of its own. But it
allows full freedom to all the citizens to have faith in any religion and to worship, the way
they like. But this should not interfere with the religious beliefs and ways of worship of
other fellow beings. This freedom is available to the foreigners as well. In respect of the
Right to freedom the Constitution makes the following four provisions under Articles 25-
28:

Freedom of conscience and free profession, practice and propagation of religion: As per
Article 25, all persons are equally entitled to freedom of conscience and the right to
profess, practise and propagate religion freely. However, it does not mean that one can
force another person to convert his/her religion by force or allurement. Also, certain
inhuman, illegal and superstitious practices have been banned. Religious practices like
sacrificing animals or human beings, for offering to gods and goddesses or to some
supernatural forces are not-permissible. Similarly, the law does not permit a widow to
get cremated live with her dead husband (voluntarily or forcibly) in the name of Sati
Pratha. Forcing the widowed woman not to marry for a second time or to shave her head
or to make her wear white clothes are some other social evils being practised in the name
of religion. Besides the above stated restrictions, the State also has the power to regulate
any economic, financial, political or other secular activities related to religion. The State
can also impose restrictions on this right on the grounds of public order, morality and
health.

Freedom to manage religious affairs: Article 26 states that subject to public order,
morality and health, every religious group or any section thereof shall have the right (a) to
establish and maintain institutions for religious and charitable purposes; (b) to manage
its own affairs in matters of religion; (c) to own and acquire movable and immovable
property; and (d) to administer such property in accordance with law.

Freedom as to the payment of taxes for promotion of any particular religion: No person
shall be compelled to pay any tax, the proceeds of which are specifically used in payment
of expenses the incurred on the promotion or maintenance of any particular religion or
religious sect, according to Article 27.

Freedom as to attendance at religious instruction or religious worship in certain

educational institutions: Article 28 states that no religious instruction shall be provided
in any educational institution wholly maintained out of State funds. However, it will not
apply to an educational institution which is administered by the State but has been
established under any trust which requires that religious instruction shall be imparted in
such an institution. But no person attending such an institution shall be compelled to
take part in any religious instruction that may be imparted there or attend any religious
worship that may be conducted there. In case of a minor, the consent of his/her guardian
is essential for attending such activities.

Cultural and Educational Rights (Article 29-30)

India is the largest democracy in the world having diversity of culture, scripts, languages
and religions. Democracy is a rule of the majority, but the minorities are also equally
important for its successful working. Therefore, protection of language, culture and
religion of the minorities becomes essential so that the minorities may not feel neglected
or undermined under the impact of the majority rule. Since people take pride in their own
culture and language, a special right known as Cultural and Educational Right has been
included in the Chapter on Fundamental Rights. In Articles 29-30 two major provisions
have been made:

Protection of interests of minorities: As per Article 29, any minority group having a
distinct language, script or culture of its own shall have the right to conserve the same.
No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language
or any of them.

Right of minorities to establish and administer educational institutions: Article 30 states

that all Minorities, whether based on religion or language, have the right to establish and
administer educational institutions of their choice. In making any law providing for the
compulsory acquisition of any property of an educational institution established and
administered by a minority, the State shall ensure that the amount fixed by or determined
under such law for the acquisition of such property would not restrict or abrogate the
right guaranteed under that clause. The State shall not, in granting aid to educational
institutions, discriminate against any educational institution on the ground that it is
under the management of a minority, whether based on religion or language.

Right to Constitutional Remedies (Article 32)

The Fundamental Rights guarantee to the people certain basic rights. The legislative and
executive actions which infringe upon or violate the Fundamental Rights are declared
ultra vires the Constitution. The Supreme Court has the power to issue directions or
orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the enforcement of
fundamental rights under Article 32 and the High Courts under Article 226 of the
Constitution. The speedy and effective remedy under Article 32 is itself guaranteed as a
Fundamental Right. Therefore, these guaranteed rights are termed justiciable rights.
• TEXTBOOK OF LEGAL STUDIES XI-2022-2023 •

Type of Wri t Ori gi n Li teral Meani ng Purpose of i ssue

Habeas Corpus Latin You may have the To produce a person who has been

UNIT I
body detained, whether in prison or in private
custody, before a court and to release him/
her if such detention is found illegal.

Mandamus Latin We command A command issued by the court to any

public or quasi-public legal body that has
refused to perform its legal duty. It is an
order by a superior court commanding
a person or a public authority to do or
forbear to do something in the nature of
UNIT II
public duty.

Quowarranto Latin By what warrant It is an order issued by the court to prevent

or authority a person from holding office to which he
is not entitled and to oust him from that
office.

Certiorari Latin To be more fully It is a writ issued by a superior court to an

informed inferior court or body exercising judicial
or quasi-judicial powers to remove a suit
and adjudicate upon the validity of the
UNIT III

proceedings or body exercising judicial or

quasi-judicial functions.

Prohibition English To forbid or to It is issued by a superior court to an inferior

stop court in order to prevent the inferior court
from dealing with a matter over which it
has no jurisdiction. The aim of this writ is
to keep the inferior courts within the limits
of their jurisdiction.

Di fference bet ween Wri t Juri sdi ct i on of Supreme Court and H i gh Court
UNIT IV

DPSP Di fference Supreme Court H i gh Court

Purpose To only enforce fundamental rights To enforce fundamental rights as
well as ordinary legal rights
The Directive Principles of State
Power
Policy are included
Article 32 is a fundamental right- the
in Part IV of the Constitution. These
It is not a fundamental right.
are the guiding principles governing state policies exercise itsinpowerthe
Supreme Court cannot refuse to exercise High Court may refuse to
its power to issue the writs social sector. They are
to issue writs

interpreted as economic and social rights and are classically socialist in nature and fulfil
(i i ) Di rect i ve Pri nci pl es
UNIT V

the social revolution agenda of the

The Directive Principles preamble.
of State The
Policy are included in Part IVprovisions areare not
of the Constitution. These the enforceable by any
court of law but provide guidance
and social in carrying
rights and are classically outandand
socialist in nature fulfil thedrafting
social revolutionlaws
agenda ofregarding human and
guiding principles governing state policies in the social sector. They are interpreted as economic

social development. carrying out and drafting laws regarding human and social development.
the preamble. The provisions are not enforceable by any court of law, but provide guidance in

48 www.cbseacademic.nic.in
Article 37 states that these provisions shall not be enforceable by any court, but the
principles laid down are nevertheless fundamental in the governance of the country and
it shall be the duty of the State to apply these principles in making laws. These directives
put an obligation on the State to take positive action in order to promote the welfare of
people.

Article 38 (1) states that the State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of national life.

Article 38 (2) states that the State shall, in particular, strive to minimise the inequalities
in income, and endeavour to eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of people residing in different
areas or engaged in different vocations.

Some of the important Directive Principles include the right to an adequate means of
livelihood for citizens, equal pay for equal work for both men and women, living wages
for workers, equal justice and free legal aid, organization of village Panchayats, provision
of just and humane conditions of work and maternity relief, uniform civil code for
citizens, promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections, duty of the state to raise the level of
nutrition and to improve public health, protection and improvement of environment and
promotion of international peace and security.
• TEXTBOOK OF LEGAL STUDIES XI-2022-2023 •

AEnforcement
large numberof ofthe laws have
Di rect i vebeen enacted
Pri nci and
pl e of St at eadopted to implement
Pol i cy under t he Constithe
tutDirective
i on of
Principles of State
Indi a: In the Policy.
case of RandhirExamples
Singh v.include
Union ofthe Legal
India Services
& others, theAuthority Act, 1987,
Hon’ble Supreme Right
Court
to Free and Compulsory Education, 2009, Child Labour Prohibition Act, 1986, the
in its judgment enforced one of the directive principles of state policy. The relevant part of etc.
Importantly,
Supreme Court thejudgment
Constitution
reads(86th Amendment)
as follows : Act, 2002 paved way for introduction of
UNIT I

Right to Education
“ 8. ……..Article for of
39(d) children in the ageproclaims
the Constitution group of‘equal
6 to 14pay
years as a Fundamental
for equal work for both Right.
men
and women’ as a directive principle of State Policy. ‘Equal pay for equal work for both men
Relationship between Fundamental Rights and DPSP
and women’ means equal pay for equal work for everyone and as between the sexes. Directive
principles,
On as has been
the question of pointed out in some ofbetween
inter-relationship the judgments of this Court,
Fundamental have toand
Rights be read into
Directive
the fundamental rights as a matter of interpretation.
Principles, the Supreme Court in Kesavananda Bharti case held that ‘Fundamental
Rights
Article and
14 ofDirective Principles
the Constitution constitute
enjoins thenot
the State conscience
to deny anyof person
the Constitution…There
equality before the is
no antithesis between the Fundamental Rights and Directive Principles…
law or the equal protection of the laws and Article 16 declares that there and one
shall be equality of
opportunity for
supplements allother’.
the citizens in matters relating to employment or appointment to any office
UNIT II

under the State………

InConstruing
Ashok Kumar Thakur v. Union of India (2008 (6) SCC 1) Supreme Court held that no
Articles 14 and 16 in the light of the Preamble and Article 39(d) we are of the
distinction can be
view that the principle made
‘Equalbetween the two
pay for Equal work’sets of rights.from
is ‘deducible Thethose
Fundamental
Article and Rights
may
represents the Political and Civil Rights and the Directive Principles embody Social
be properly applied to cases of unequal scales of pay based on no classification or irrational and
Economic Rights.
classification, thoughMerely because
these drawing the the directive
different principles
scales of are non-justiciable
pay do identical by the
work under the same
judicial process, it does not mean that they are of subordinate importance.
employer.”

Difference between Fundamental Rights and DPSP

Di fference bet ween Fundamental Ri ghts and Di recti ve Pri nci pl es of Stat e Pol i cy

Fundamental Ri ght s Di rect i ve Pri nci pl es of St ate Pol i cy

UNIT III

Part III of the Constitution of India contains Part IV of the Constitution of India contains
the Fundamental Rights. They are given in Directive Principles of State Policy. They are
Articles 12-35 of the Constitution of India. given in Articles 36-51 of the Constitution of
India.

These are basic, inalienable rights that Directive Principles of the Constitution of
are guaranteed to Indian citizens by the India are the guidelines to be followed by the
Constitution of India. Government while framing policies.
UNIT IV

They are civil and political in nature, i.e. they They are social and economic in nature.
help the citizens in enjoying their life under a
government.

Fundamental Rights are justiciable as they Directive Principles are not justiciable as they
can be enforced legally by the courts by way cannot be enforced by the courts if there is a
of writs. violation.
They can be enforced either by passing a
legislation or by judicial process where they
are linked to a fundamental right and hence
its status is elevated.
UNIT V

The concept of Fundamental Rights was The concept of Directive Principles of State
borrowed from the Constitution of the United Policy was borrowed from the Constitution
States of America. of Ireland which was in turn copied from the
Constitution of Spain.

50 www.cbseacademic.nic.in
Fundamental Duties

The Constitution (forty-second Amendment) Act, 1976 added Part IV-A, Article 51-A on
Fundamental Duties of citizens, to the Constitution. These are eleven in number. There
is no provision in the Constitution to enforce Fundamental Duties. Supreme Court in
Bijoe Emmanuel v. State of Kerala (AIR 1987 SC 478) held that duties imposed on the
citizens may be enforced through the enactment of legislations. For example ‘The
Prevention of Insult to National Honours Act, 1971’punishes a person who insults the
national honours. These duties are read along with Fundamental Rights.

As stated by the Supreme Court in Mohan Kumar v.

• TEXTBOOK OFUnion
LEGALof India XI-2022-2023
STUDIES (AIR 1992 SC • 1), the
courts may also enforce the duties while balancing and harmonizing them with the
Fundamental
(ii Dut i es – Art i cl e 51A
Rights.
i ) Fundamental

It shall be the duty of every citizen of India:

UNIT I
a. to abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem;
b. to cherish and follow the noble ideals which inspired our national struggle for freedom;
c. to uphold and protect the sovereignty, unity and integrity of India;
d. to defend the country and render national service when called upon to do so;
e. to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities to renounce
practice derogatory to the dignity of women;

UNIT II
f. to value and preserve the rich heritage of our composite culture;
g. to protect and improve the natural environment including forests, lakes, rivers and wild life
and to have compassion for living creatures;
h. to develop the scientific temper, humanism and the spirit of inquiry and reform;
i. to safeguard public property and to abjure violence;
j. to strive towards excellence in all spheres of individual and collective activity, so that the
nation constantly rises to higher levels of endeavour and achievement;
k. to provide opportunities for education to his/her child or, as the case may be, ward between
UNIT III
age of 6 and 14 years;
l. who is a parent or guardian to provide opportunity for education to his child or as the case
may be, and between the age of six and fourteen years. (inserted by 86th constitution
amendment act 2002).

The Constitution (forty-second Amendment) Act, 1976 added Part IV-A, Article 51-A on
3. LAW MAKING IN INDIA
Fundamental Duties of citizens, to the Constitution. These are eleven in number.
TheThere
Parliament of India,
is no provision comprising
in the thetoPresident,
Constitution the RajyaDuties.
enforce Fundamental SabhaSupreme
(Council of States)
Court in Bijoe
andEmmanuel
the Lok Sabha (House of the People), is the supreme legislative body of the country.
v. State of Kerala (AIR 1987 SC 478) held that duties imposed on the citizens may be
UNIT IV

Oneenforced
of the main functions
through of the Parliament
the enactment isFor
of legislations. to make laws
example forPrevention
‘The the country's governance.
of Insult to National
Honours Act, 1971’punishes a person who insults the national honours. These duties are read
Thealong
law-making process inRights.
with Fundamental the Parliament
As stated bybegins with theCourt
the Supreme introduction
in Mohanof a bill v.
Kumar and ends
Union of
withIndia
the (AIR
assent of SC
1992 the1),
President.
the courtsThe
mayParliament
also enforcealso has the
the duties power
while to amend
balancing or repeal
and harmonizing
them with the Fundamental Rights.

LET US PONDER
•
about 10 amendments, in groups.
UN
any existing law, as well as to delegate its law-making powers to other bodies such as
state legislatures or local authorities.

Parliament

The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper
House and represents the States of India while the Lok Sabha is lower House. It is also
called popular House because it represents the people of India. The President is an
integral part of the Parliament though he is not a member of the either House.

Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be
dissolved. The membership of the Rajya Sabha cannot exceed 250. Out of these, the
President nominates 12 members on the basis of their excellence in literature, science,
art and social service and the rest are elected. At present its total membership is 245.
Rajya Sabha is the body representing States in Indian Union.

Unlike Rajya Sabha, Lok Sabha is not a permanent body. It is elected directly by the
people on the basis of universal adult franchise. It is also called the popular House or
lower House. The maximum permissible membership of Lok Sabha is 550 out of which
530 are directly elected from the States while 20 members are elected from the Union
Territories.

Types of Bill

• Ordinary Bills – Article 107, 108, and 111

Every member of the Parliament has a right to introduce an ordinary bill and from this
point of view, we have two types of bills – government bills and private member’s bills. A
Minister moves a government bill and any bill not moved by a Minister is a Private
Member’s Bill, which means that the bill has been moved by a member of parliament but
not a minister in the Government. The Government bills consume most of the time of the
Parliament. The Bills pass through several stages. : -

1. (A) With the introduction of the bill, the First Reading of the bill starts. This stage
is simple. The Minister wanting to introduce a bill, informs the presiding officer.
He/she puts the question of introduction to the House. When approved, normally
by voice- vote, the Minister is called upon to introduce the bill.

2. (B) Second Reading: -This stage is the most vital stage. After general discussion
the House has four options: - (i) it may straightaway take the bill into detailed
(clause- by-clause) consideration or (ii) refer it to a select committee of the House
or, (iii) refers it to the Joint Committee of both the Houses or (iv) circulate it among
the people to elicit public opinion. If the bill is referred to a select committee of
the House or the joint select committee of both the Houses, the concerned
committee examines the bill very minutely. Each and every clause is examined.
The committee may also take the opinion of professionals and legal experts. After
due deliberations, the committee submits its report to the House.

3. (C) Third Reading:- After the completion of the second reading, the Minister may
move that the bill be passed. At this stage normally no discussion takes place.
The members may oppose or support the adoption of the bill, by a simple majority
of members present and voting.

Bill in the other House: After the bill has been passed by one House, it goes to the other
House. Here also the same procedure of three readings is followed. The following
consequences may follow: -

1. (A) It may pass it; then the bill is sent to the President for his assent.

2. (B) It may pass the bill with amendments. The bill will be sent back to the first
House. In such a case, the first House will consider the amendments and if it
accepts the amendments then the bill will be sent to President for his assent. In
case the first House refuses to accept the amendments, then it means there is a
deadlock.

3. (C) It may reject it. It means there is a deadlock. In order to remove the deadlock
between the two Houses, the President may call for a joint sitting of the two
Houses. Such joint sittings are very rare in India and till now only three times such
meetings have taken place. They were convened on the occasion of passage of
Dowry Prohibition Bill 1959, Banking Service Commission (Repeal) Bill, 1978, and
Prevention of Terrorism Bill, 2002.

4. (D) President’s assent to the Bill:- After being passed by both the Houses or the
Joint Sitting of both Houses, the bill is referred to the President for his assent. The
President also has some options in this regard: - (i) He may give his assent and
with his assent, the bill becomes a law. (ii) He may withhold his assent, but may
suggest some changes. In such a case the bill is sent back to the House from
where it had originated. But if both the Houses pass the bill again with or without
accepting the recommendations of the President, the President has no option but
to give his assent. (iii) In 1986, the President Giani Zail Singh invented a new
option. He neither gave his assent nor he returned it to the Parliament for
reconsideration of the Postal Bill. He sought some clarifications, which were
never provided. The bill thus, lapsed.

• Money Bills – Article 109 and 110

The money bills are such bills which deal with money matters like imposition of taxes,
governmental expenditure and borrowings etc. In case there is a dispute as to weather a
bill is a money bill or not, the Speaker’s decision is final. The money bill has to undergo
three readings like an ordinary bill but few considerations are also added here. They are:

(I) Money bill can be introduced only in Lok Sabha and not in Rajya Sabha and
that too with the prior approval of and on behalf of the President.
(II) After being passed by the Lok Sabha, the bill goes to the Rajya Sabha. Rajya
Sabha has 14 days at its disposal for consideration and report.
(III) The Rajya Sabha cannot reject the money bill. It may either accept it or make
recommendations.
(IV) In case Rajya Sabha chooses to make recommendations, the bill will return to
Lok Sabha. The Lok Sabha may accept these recommendations or reject
them. In any case the bill will not go back to Rajya Sabha. Instead it will be sent
directly to the President for his assent.
(V) If the Rajya Sabha does not return the bill within 14 days, it will be deemed to
have been passed by both the Houses of the Parliament and sent to the
President for his assent.
• Other Bills
o Financial bills: These are bills that relate to the imposition, abolition,
alteration, or regulation of taxes, the borrowing of money, or the
appropriation of money from the Consolidated Fund of India. They can only
be introduced in the Lok Sabha, and they follow a prescribed process to
become law. (Article: 117)
o Constitutional amendment bills: These are bills that seek to alter the
provisions of the Constitution of India. They must be passed by a special
majority in both houses of the Parliament and the legislatures of at least
half of the states. (Article: 368)

Veto Power in India

Veto power is a significant tool available to the President of India within the framework of
the Indian Constitution. It allows the President to withhold their assent to a bill passed
by the Parliament, thereby preventing it from becoming law. The concept of veto power
is an essential aspect of the checks and balances designed to prevent the misuse of
legislative power.

Types of Veto Power

1. Absolute Veto: The President exercises absolute veto when they withhold their
assent to a bill, effectively nullifying it. This can be used in two scenarios:

• When a bill is presented for the President's assent after being

passed by both Houses of Parliament, and it is not a money bill or a
bill that the President must give assent to.

• When a private member's bill (a bill introduced by a member other

than a minister) is passed by Parliament.

2. Suspensive Veto: The President uses suspensive veto when they return a non-
money bill to the Parliament for reconsideration. If the bill is passed again by both
Houses with or without amendments and is presented to the President, they must
give assent.

3. Pocket Veto: The President exercises pocket veto by neither giving assent nor
rejecting a bill, thereby withholding their decision indefinitely. Unlike in the United
States, where the President has a specified period to act on a bill, the Indian
President has no time limit to act on a bill, thus enabling the use of pocket veto.

Instances of Veto Use

• Pocket Veto Example: One notable instance of the use of pocket veto was by
President Giani Zail Singh in 1986 concerning the Indian Post Office (Amendment)
Bill, which aimed to curtail the powers of the judiciary regarding postal matters.
Purpose and Significance

1. Checks and Balances: Veto power serves as a crucial check on the legislative
authority of Parliament, ensuring that no bill becomes law without thorough
scrutiny and consideration.

2. Safeguarding National Interest: It allows the President to ensure that bills that
may not serve the national interest or that need further deliberation before
becoming law are carefully considered.

3. Preventing Hasty Legislation: The veto power acts as a deterrent against hasty and
ill-considered legislation by providing an opportunity for further review and
discussion.

The veto power of the President of India is an important constitutional mechanism

designed to maintain the balance of power within the Indian democracy. By providing the
executive with the authority to withhold or delay assent to legislation, it ensures that the
legislative process remains more deliberate and measured. Understanding the nuances
of this power is essential for comprehending the broader system of governance in India.

Brief: Stages of Law-Making Process

• Proposal and Introduction of Bill: The process of passing a Bill starts with the
proposal of a new law. A Member of Parliament (MP) drafts a Bill or suggests
changes to existing laws. The Bill is then submitted to the relevant ministry for
examination and approval. Proposal and introduction of Bill includes First Reading
of The Bill, Second Reading and Commitee stage and Third Reading and Voting .
After the Bill gets approval. The Bill is presented in either the Lok Sabha or the
Rajya Sabha. It depends on the type of Bill. Financial matters Bills are also known
as Money Bills. These must be presented in the Lok Sabha. Other Bills can be
presented in either house.
• First Reading: During the first reading, the Bill is introduced by MP or Minister. The
Bill can be presented in any of the houses. The minister or MP provides an
explanation of its objectives and provisions. No discussion or voting takes place
during this stage.
• Second Reading and Committee Stage: During the second reading, the Bill is
examined. Members of Parliament discuss and debate its provisions. After the Bill
is examined, amendments can be suggested. This stage involves debates. The
MPs express their opinions and concerns about the Bill. The Bill moves to the
Committee Stage after the second reading. A committee of MPs studies the Bill
carefully. The provisions of the Bills are examined carefully. The Committee may
suggest further amendments. This process allows for a review of the proposed
law.
• Third Reading and Voting: The House receives the final Bill during its third reading.
MPs may express their views on the Bill. MP cannot make changes at this point.
After the debate, they vote on the Bill. Members of Parliament vote on the Bill. If a
majority of the MPs present and voting support the Bill, the Bill is considered
passed in that particular house.
• Consideration by the Other House: Once a Bill is passed in one house. Then, it is
sent to the other house for consideration. The second house goes through a
similar procedure i.e. readings, debates, and voting. If the second house suggests
any amendments. Then the Bill is sent back to the first house.
• President's Approval/ Assent to Bills: After both houses pass the Bill and agree on
the amendments. The Bill is then sent to the President of India for approval. The
President reviews the Bill and can either give assent or withhold it. If the President
gives assent, the Bill becomes an Act.