DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY
SABBAVARAM
VISHAKAPATNAM, AP., INDIA

KINDS OF LAW

LEGAL METHODS

PROF.SOMA BHATTACHARJYA

RAMPU.PRANATHI
19LLB034

1
 ACKNOWLEDGEMENT

I would like to put forward my heartfelt appreciation to our respected Legal Methods
professor, prof. SOMA BHATTACHARJYA for giving me this golden opportunity to take
up this project regarding “KINDS OF LAW”. I have tried my best to collect the information
about the project in various possible ways to depict the clear picture about the given project
topic.

2
 CONTENTS

CHAPTER-1: INTRODUCTION TO LAW……………………………………………4

CHAPTER-2 KINDS OF LAW………………………………………………………….5
CHAPTER-3 CONSTITUTION LAW…………………………………………………..7
3.1: HISTORY AND EVOLUTION OF CONSTITUTIONAL LAW IN INDIA……….9
CHAPTER-4ORDINARY LAW…………………………………………………………19
4.1 TYPES OF ORDINARY LAW………………………………………………………19
4.1. A PUBLIC LAW…………………………………………………………………19
 ADMINISTRATIVE LAW………………………………………………..23
4.1. B PRIVATE LAW……………………………………………………………….21

3
 INTRODUCTION TO LAW

The law affects every aspect of our lives; it governs our conduct from the cradle to the grave
and its influence even extends from before our birth to after our death. We live in a society
which has developed a complex body of rules to control the activities of its members. There
are laws which govern working conditions, laws which regulate leisure pursuits, and laws
which control personal relationships. The 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. In broader sense, ‘Law’ denotes the whole
process by which organized society, through government bodies and personnel (Law-makers,
Courts, Tribunals, Law Enforcement Agencies and Executive, Penal and corrective
Institutions etc.) attempt to apply rules and regulations to establish and maintain peaceful and
orderly relations amongst the people in the society. The notion of' Rule' as a guide to human
behavior is as old as the modern society's life. Today, the relevance of the law to human
behavior has become so intimate that each person has his or her own conception of his or her
existence that is, of course, informed by his or her own experience. Not surprisingly, it was
an endless quest to look for an accepted definition of' Rule.' Although there is no general
definition of the law that includes all aspects of the law, some of the important definitions are
as follows:

According to Salmond-

“The body of principles recognized and applied by the state in the administration of justice". In other
words, it is consisted of the rules recognized and acted upon by the court of justice.

According to Blackstone-

"Law in its most general and comprehensive sense means a rule of action or actions
whether animate or inanimate, rational or irrational. Thus we say, the law of motion,
gravitation, and nature of nation

According to Austin-
In the widest sense, Law is a rule laid down for the guidance of an intelligent being by an
intelligent being having power over him". Or "It is the aggregate of rules set by men as
politically superior or sovereign to men as politically inferior.

4
 KINDS OF LAW
(i) National Law i.e. the body of rules which regulates the actions of the people
in society and it is backed by the coercive power of the State.

(ii) International Law i.e. the body of rules which guides and directs the
behaviour of the states in international relations. It is backed by their
willingness and consent that the states obey rules of International Law. It is a
law among nations and is not backed by any coercive power.

National Law is the law by which the people are governed by the state. It stands
classified into several kinds:

1. Constitutional Law: Constitutional Law is the supreme law of the country. It stands
written in the Constitution of the State. The Constitutional Law lays down the
organisation, powers, functions and inter-relationship of the three organs of
government. It also lays down the relationship between the people and the
government as well as the rights, freedoms (fundamental rights) and duties of the
citizens. It can be called the Law of the laws in the sense all law-making in the State
is done on the basis of powers granted by the Constitutional Law i.e. the Constitution.
2. Ordinary law: It is also called the national law or the municipal law. It is made by
the government (legislature) and it determines and regulates the conduct and
behaviour of the people. It lays down the relations among the people and their
associations, organisations, groups and institutions. The legislature makes laws, the
executive implements these and judiciary interprets and applies these to specific
cases.
It is stands classified into two sub types:
2(a) Private Law: Private Law regulates the relations among individuals. It lays down rules
regarding the conduct of the individual in society and his relations with other persons. It
guarantees the enjoyment of his rights. It is through this law that the State acts as the arbiter
of disputes between any two individuals or their groups.
2(b) Public Law: The law which regulates the relations between the individual and the State
is Public Law. It is made and enforced by the State on behalf of the community.
It stands again sub-divided into:

5
2(b) (i) Administrative Law: It lays down the rules governing the exercise of the
constitutional authority which stands delegated by the Constitution of the State to all the
organs of government. It also governs the relations between the civil servants and the public
and lays down the relations between the civil servants and the State. In some States like
France, Administrative Law is administered by Administrative Courts and General Law is
administered by ordinary courts. However in countries like India, Britain and the USA the
same courts administer both the General Law and Administrative Law.

6
 CONSTITUTIONAL LAW

Constitution-A Constitution means a document having a special legal sanctity which sets out
the framework and the principal functions of the organs of the Government of a State and
declares the principles governing the operation of those organs.

Constitutional Law-There is no hard and fast definition of Constitutional Law. In the

generally accepted use of the term it means the rule which regulates the structure of the
principal organs of the Government and their relationship to one another, and determines
their principal functions. The rules consist both of legal rules in the strict sense and 0f usages,
commonly called conventions, which without being enacted are accepted as binding by all
who are concerned in the Government. Many of the rules and practices under which our
system of Government is worked are not part of the law in the sense that their violation may
lead directly to proceedings in a court of law. Though the constitutional lawyer is concerned
primarily with the legal aspects of the Government there is required for a constitutional
lawyer some knowledge of the salient features of constitutional history and of the workings
of our political institutions.

Historical Background.-All Constitutions are the heirs of the past as well as the testators of
the future. The very fact that the Constitution of the Indian Republic is the product not of a
political revolution but of the research and deliberations of a body of eminent representatives
of the people who sought to improve upon the existing systems of administration makes a
retrospect of the constitutional development indispensable for a proper understanding of this
Constitution."

No one will deny the truth of the above statement that if any one seeks to study the law
constitutional or other of a country a knowledge of the historical process which led to its
present form is indispensable for correct insight and understanding of the subject. It is,
however. not necessary to go to any period beyond what is known as the ‘British Period' for
the modern political institutions originated and developed in that period only. The political
institutions established by the Hindus in the olden days and by the Muslims in the medieval
period have become a thing of the past and they do not survive in any form in the present day.

7
The British period in the history of India began with the incorporation of East India Company
in the year 1600 in England.

8
 HISTORY AND EVOLUTION OF CONSTITUTIONAL LAW
IN INDIA.

The Constitution of India is one of the best and most powerful Constitutions in the Modern
World. It is the product of deliberations of a body of eminent intellectuals, known as the
Constituent Assembly It was formulated by a Drafting Committee headed by Dr. BR.
Ambedkar and approved by the Constituent Assembly Chaired by Dr. Rajendra Prasad.
Indian Constitution describes the structure of the political system, rights and freedoms of
Indian Citizens and independence of judiciary. The Indian Constitution has laid down the
foundation for the establishment of a vibrant welfare state with distinguished political values
like Rule of Law, Secularism, Socialism and Socio Economic Justice. Indian Constitution has
evolved itself from many historical developments, demands and aspirations of the people
expressed in Nationalist Movement and in responses of the British who formulated many
Acts such as 1858 Act, 1909 Act, 1919 Act, and 1935 Act etc.

Earlier Indian National Movement was organized mainly by the Indian National C0ngresg
demanding the independence from British Rulers and self-rule. Several factors have
contributed for the orgin and spread of Nationalist Movement in India. The long history of
Indian National Movement can be divided into Moderate phase, Extremist phase and
Gandhian phase based on the nature of demands and strategies followed in the movement.
Realising the aspirations of the people for self-rule and freedom, the British rulers have
brought forward certain increment list laws for uninterrupted continuation of their rule in
India. While the Government of India Act 1909 (21130 known as Minto Morley Reforms
Act) provided for indirect elections, the Government of India Act 1919 (also known as the
Montague a Chelmsford Reforms Act) established Dyarchy system in India. The Government
of India Act 1935 made an arrangement for establishing Federalism in India. As a result of
Indian Independence Act 1947, India attained Independence on 15‘h August 1947. India
became a Republic with the commencement of Written Constitution on 26 January
1950.Many eminent leaders, having extraordinary knowledge on Legal, Constitutional and
Political matters converged in the Constituent Assembly and meticulously drafted the
Constitution with emphasis on democratic values.

The Constituent Assembly took 2 Years 11 months and 18days for framing of the Indian
Constitution. The historic “Objectives Resolution” that describes the basic Philosophy of the

9
Indian Constitution was moved in the Constituent Assembly by Pandit Jawaharlal Nehru 0n
l3lh December 1946. Indian Constitution declares India as a Sovereign, Socialist, Secular,
Democratic and Republic. It has provided Parliamentary system of government for Indians.
Many Constitutional experts have described the Indian Constitution as the most Virtuous,
Noblest and Idealist one in the World A we known Scholar and noted expert on Indian
Constitution, Granville Austin observed that the Indian Constitution is first and foremost a
Social document. The majority of its: Provisions are either directly aimed at furthering the
goals of the Social revolution or attempt to foster this revolution by establishing the
conditions necessary for its achievement. The Philosophy of the Indian Constitution is
reflected in its Political Ideals such as Liberty, Equality, Rights, Justice, Fraternity, Unity and
Integrity. As noted earlier, Indian Constitution has evolved and originated horn the long
drawn struggles for self-rule and freedom in the Indian National Movement.

The Government of India Acts

The Colonial British Government in India had passed many Acts for the governance of India
These acts were passed to regulate their administration and protect their interests on the one
hand and to accommodate the moderate elements of the National Movement on the other.
Notable among these Acts are the Regulating Act (I773). Charter Acts (1 793, l8l3, 1833 and
I853). The Act for, the Better Government of India (I858), Indian Councils Act (I861, l892),
Indian Councils Act (l909)

The Government of India Act (I919), Government of India Act (1935) and Indian
Independence Act 1947. A brief understanding of some these important Acts are necessary to
know the constitutional development in India. The Indian Councils Act (1909).This Act was
formulated with the initiative of Lord Minto (the then Viceroy and Governor General of India
and Lord John Morley, the Secretary of State for India). Hence this Act is popularly called as
Minto-Morley Reforms Act. Various reasons contributed for undertaking reforms in this Act.
The growing discontent among the people against the British Government demands from
moderate for representation of Indians in Councils, demands from the Muslim community for
political accommodation and spread of Indian National Movement with the entering of
extremist phase.

Main Provisions of the Indian Councils Act (1909)

1. This Act extended the numerical strength in Central Legislative Council from 16 to 60 and
Provincial Legislature Councils to a minimum of 30 to maximum of 52. Legislators were also

10
Provided powers like discussion on budget, move resolutions and ask questions and
supplementaries etc.

2. Separate Electorates were introduced in India. Besides the General Electorate, Class
Electorate covering the landlords and Muslims and special electorates covering chamber of
commerce were created.

3. The Act introduced indirect election system with the right to vote restricted to a very few
people. University Senates, District Boards and Municipalities, Chambers of Commerce and
Landlords were to elect the members.

4. This Act facilitated one Indian to be nominated to the Governor General‘s Executive
Council and two Indians to be nominated to the council of secretary of State for Indian
affairs.

There was a lot of criticism against this Act in India. Particularly, for the communal
electorates and reinforcing the divide and rule policy. Though it has provided representation
for Indians in Central Legislative Council and Provincial Legislative Councils, it failed to
provide a responsible Government. Gokhale criticized these reforms as inadequate and
unbecoming. The moderate leaders got disappointed and the people of India felt a strong
desire for opposing foreign rulers. This had led to the acceptance of the ideas and methods of
extremists.

Government of India Act (1919)

The dissatisfaction resulting from the Indian Councils Act (1909) made Indians more critical
of British Rule. As a result, the Extremist Phase and its ideals and methods were widely
favoured by the people. A number of factors contributed for the deterioration of political
situation In India. The Repressive Policies of Lord Curzon, the division of Bengal and its
subsequent unification, censorship on press and curtailment of civil rights of the people and
the outbreak of First World War created discontentment among the people of India. The
outbreak of the First World War in 1914 compelled the Britishers to seek men and material
support from the people of India. As a result, it changed its policy towards India and made
August Declaration of 1917. This declaration by Lord Montague expressed the goal of British
“the ultimate establishment of a responsible Government” in India Accordingly, the Secretary
of State for India Lord Montague and the Viceroy and Governor General Lord Chelmsford

11
together prepared the Indian Government Act 1919 by incorporating various constitutional
reforms as discussed below in the main provisions.)

1. The Executive Council of the Secretary of State on India was to comprise 8-12 members
and half of them should serve in India and similarly membership for Indians in Governor
Generals Executive Council was increased from one to three.

2. The Central Legislature became bicameral with the Council of States with 60 members and
Legislative Assembly with 146 members. Elected members were to be in majority in both the
Houses. Both the houses are vested with relatively greater powers.

3. Dyarchy system was introduced at the provincial level. Under this system, the subjects of
administration were divided into two groups a) Reserved Subjects and b) Transferred
subjects. Reserved subjects such as Finance, Irrigation, Law and Order etc., were most
important and were under the direct control of the Governors. The less significant subjects as
classified as transferred subjects and were under Indian ministers responsible to the
legislature.

4. Provincial Legislatures i.e., Legislative Councils were to be unicameral. The strength of

these councils varies from province to province based on population between 23 to 139
members. However, 75% of them were to be elected.

5. Sikhs, Anglo Indians, Christians and Europeans were also granted separate electorates.

6. The system of indirect election came to be replaced with direct elections. However,
Franchise was limited only to the propertied sections and educated.

7. It had a provision to establish a statutory commission to enquire into the working and
progress of this Act in a periodical manner.

Though the Government of India (1919) is a landmark enactment in the constitutional history
Of India, it continued to vest many powers to the Governor General at the Centre and
Governors at the provincial level. They either endorse or reject any bill passed by the
legislatures. There by defeated the purpose of establishing a responsible Government in India
Further, the system of Dyarchy provided for provincial Governments, proved to be great
failure It divides the administrative subjects In reserved subjects and transferred subjects in a
more irrational manner by Reinforcing the superiority of some against others.

12
The Government of India Act 1935

The report of the Statutory Commission led by Sir John Simon was the basis for the
formulation of this Act. Along with this, the deliberations undertaken by the Britishers in
First, Second and Third Round Table Conferences, the Communal Award declared by them
British Prime Minister Ramsay McDonald and amendments to this award suggested by
Gandhiji and Dr.B.RAmbedkar in Poona Pact and the spread of Civil Disobedience
Movement had an influence on the preparation of this Act. Some of the important provisions
of this Act include the following;

1. This Act provided for the creation of an All India Federation based on a union of provinces
of the British ruled India and princely States. New provinces orissa and Sindh were created,

2. This Act provided for the establishment of Dyarchy at the Central Government wherein the
reserved subjects like Defence, Finance, External affairs etc., were to be administered by the
Governor General and his confidents and transferred subjects were to be administered by
Indians. The latter were responsible to the 1egis1ature.

3. Introduction of Provincial Autonomy with complete responsible governments in the

provinces with elected ministries made answerable to legislature. 1t abolished dyarchy in the
provinces.

4. Increase in the strength and powers of elected member with enlarged membership both in
Central and Provincial Legislature.

5. Governors were given special powers and they could veto legislative action and legislate
on their own.

6. Division of administrative items between the Union and States with a List System and a
provision for a Federal Court.

7. Separate representation for Indian Christians, Anglo Indians, Europeans and Depressed
Classes in legislative councils. Thm (1935) firmly laid the foundation for the establishment of
an All India Federation in India. This Act has made attempts to establish responsible
Governments in the provinces. Though this Act had increased the strength and powers of the
legislature, only 14% of the Indian population was made eligible to vote in the elections to
13
elect legislatures. This Act could not satisfy the nationalist aspirations of the people for both
political and economic power continued to be concentrated in the hands of the British. This
Act was criticized for providing despotic powers to Governor General. Indian National
Congress condemned this Act and demanded for complete Independence and formation of a
Constituent Assembly to draft a new Constitution.

Though totally opposed this Act, the Congress party decided to contest the elections under
this Act held in 1931 Congress party swept the elections in most of the provinces and
subsequently it formed ministries in many provinces. However, all these ministries resigned
in 1939 against the decision of the Governor General Lord Linlithgow to make India a party
to Second World War without any consultations. On 8 August 1940, Viceroy made a
statement to break the deadlock famously known as August Offer. But this offer was rejected
by the Congress and Gandhiji intensified the Civil Disobedience Movement with individual
Satyagrahas. Then the British Government sent Sir Stafford Cripps a Cabinet Minister in
London with certain proposals known as Cripps Mission. He assured dominion status to India
soon after the War. These proposals were rejected by the Congress party. Meanwhile the new
Governor General Lord Wavell came out with a proposal known as WavewellPlan With the
rejection of this plan another attempt was made by the British Government known as Cabinet
Mission (1946). Three British Cabinet Ministers in London, Sir Stafford Cripps. Lord Pethick
Lawrence and A.V.Alexander visited India and made proposals, one of the important
proposal was the c1eation of an elected body charged with the task of framing a New
Constitution. It categorized Indian States into three groups Group A, Group B and Group C
for prospects of future governance. It had provided a provision for the establishment of an
Interim Government. Accordingly, an Interim Government with Jawaharlal Nehru as Vice
President was formed on August 14, 1946 and a Constituent Assembly was formed with its
first meeting on December 9, 1946. Meanwhile the British Prime Minister Atlee announced
in British Parliament on 20th February 1947 the intention of Transfer of power. A new
Governor General Lord Mountbatten was asked to prepare a plan for dividing India and
transfer of power into India and Pakistan. Mountbatten plan became the basis for Indian
Independence Act 1947.
Indian Independence Act 1947 this is the last and final Act formulated and implemented by
the British Government. It was the product of the combined efforts of Lord Mountbatten, the
last British Governor General of India and Clement Atlee, the Prime Minister of Britain. The

14
draft of this Act was introduced in the British House of Commons on July 4, 1947 and royal
assent on July 18, 1947. The important provisions of the Act were the following:

1. India and Pakistan shall be constituted as two separate independent States.

2. Two Constituent Assemblies shall be formed each for India and Pakistan and work as
Constitution making bodies as well as legislative bodies in their respective domains.

3. The British supremacy over British India and native princely States shall cease to exist.
The Princely States would be free to join either Dominions or to remain independent.

4. Territories of the two dominions were defined but they were empowered to include or
exclude a territory themselves. Constituent Assembly and Framing of Indian Constitution the
Constitution of India was formulated by the Constituent Assembly.

The Constitution of India 1s the result of the deliberations of the Constituent Assembly
which was elected by the people. Elections to the Constituent Assembly were held 1n July
1946. The total membership of the Constituent Assembly was 389 with representation from
British India 292 Indian States (princely States) 93 and Chief Commissioner’s provinces 34
Among the 292 seats were to be elected 210 were general seats, 78 Muslim anti 4 were Sikh.
In the elections that were held for Constituent assembly 1st, congress Party won 199,
Unionist Party of Punjab 2, Communists 1, Scheduled Castes Federation 2 am Independents 6
for the 210 general seats of 78 Muslim seats, the Muslim League got 73, Congress 3 ,Punjab
Unionist Party and Praja Party of Bengal one each. A8 a result of this, the strength of the
Congress in the Constituent Assembly rose to 202. Meanwhile the British Government on
September 6, 1946 made a statement that it could not force any community to accept the
Constitution. Consequently, the Muslim League members refused to attend it. Later Muslim
League pressed for another Constituent Assembly.

Drafting Committee

1. On 29 August 1947, a Drafting Committee was appointed, with Dr B. R. Ambedkar as

the Chairman along with six other members assisted by a constitutional advisor.

2. These members were Pandit Govind Ballabh Pant, Kanaiyalal Maneklal Munshi (K M
Munshi, Ex- Home Minister, Bombay), Alladi Krishnaswamy Iyer (Ex- Advocate

15
 General, Madras State), N Gopalaswami Ayengar (Ex-Prime Minister, J&K and later
member of Nehru Cabinet), B L Mitter (Ex-Advocate General, India), Md. Saadullah
(Ex- Chief Minister of Assam, Muslim League member) and D P Khaitan (Scion of
Khaitan Business family and a renowned lawyer).

3. The constitutional advisor was Sir Benegal Narsing Rau (who became First Indian
Judge in International Court of Justice, 1950–54). Later B L Mitter resigned and was
replaced by Madhav Rao (Legal Advisor of Maharaja of Vadodara).

4. A Draft Constitution was prepared by the committee and submitted to the Assembly
on 4 November 1947. A Draft constitution was debated and over 2000 amendments
were moved over a period of two years.

5. Finally on 26 Nov. 1949, the process was completed and the Constituent assembly
adopted the constitution. 284 members signed the document and the process of
constitution making was complete.

6. The Drafting Committee prepared the first Draft of the constitution. This was then
circulated for the comments of jurists, lawyers, judges and other public men.

7. In the light of this criticism Drafting Committee prepared a second draft which
consisted of 315 Articles and 9 Schedules.

8. The second Draft was placed before the Constituent Assembly in Feb, 21-1948. The
Draft was then considered clause by clause by the Assembly.

9. The third reading commenced on Nov-14 and was finished on Nov-26, 1949. On this
date the constitution received the signature of the President of the Assembly and was
declared as passed. It had taken 2 years 11 months and 18 days to complete the task.

PREAMBLE:

The Constitution of India is fundamental law of land. It is a socio, economic, and political
instrument with a revolutionary domain. Every Constitution in the world outshines with a
Preamble and so, the Indian Constitution also commences with a Preamble, which reflects the
ideals, aspirations, expectations and objectivity of the people of India. The Preamble contains
the aim and objectives of the Indian Republic and enshrines the whole philosophy and
legislative intent of the Indian Constitution in a nutshell. No reading of any Constitution can
be complete without reading Preamble. It acts as a theme around which a legislation revolves.

16
SAILENT FEATURES OF INDIAN CONSTITUTION:

A written and lengthy constitution: The Constitution of India is a written constitution. It

was framed by a Constituent Assembly which was established for the purpose in 1946. It has
395 Articles and 12 Schedules. A number of amendments, (about 96) passed since its
enforcement in 1950, have also become a part of the Constitution.

Sovereign, socialist, secular, democratic, republic: The Constitution declares India to be a

Sovereign, Socialist, Secular, Democratic, Republic. The words, ‘Socialist’ and ‘secular’
were added in the Preamble of the Constitution by 42nd amendment which was passed in
1976.

Sovereign means absolutely independent; it is not under the control of any other state. Before
1947, India was not sovereign as it was under the Britishers. Now it can frame its policy
without any outside interference.

Socialist: Word ‘Socialist’ was added in the Preamble by 42nd Amendment of the
Constitution which was passed in 1976. This implies a system which will endeavour to avoid
concentration of wealth in a few hands and will assure its equitable distribution.

Secular: The word ‘Secular’, like Socialist, was also added in the Preamble by 42nd
Amendment of the Constitution. There is no state religion in India. Every citizen is free to
follow and practise the religion of his/her own choice. The state cannot discriminate among
its citizens on the basis of religion.

Democratic: Means that the power of the government is vested in the hands of the people.
People exercise this power through their elected representatives who, in turn, are responsible
to them. All the citizens enjoy equal political rights.

Republic: Means that the head of the State is not a hereditary monarch but a President who is
indirectly elected by the people for a definite period.

Federal government: The Constitution provides for a federal form of government. In a

federation, there are two governments-at the central level and at the state (province) level. In
India, the powers of the government are divided between the central government and state
governments. There are three different lists of subjects- (i) Union list, (ii) State list and (iii)

17
Concurrent list. The Union list contains 97 subjects of national importance like Defence,
Foreign Affairs, Currency, Post and Telegraph, Railways.

18
Fundamental rights and duties. The Constitution of India guarantees six fundamental rights
to every citizen. These are:

I. Right to Equality.

Ii. Right to Freedom.

Iii. Right against Exploitation.

Iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

Vi. Right to Constitutional Remedies.

By 42nd Amendment of the Constitution, ten Fundamental Duties of citizens have also been
added.

Directive principles of state policy:

The Directive Principles of State Policy are listed in Part Four of the Constitution. The
framers of our constitution took the idea of having such principles from the Irish
Constitution. These principles are instructions given by the Constitution to government.

All the governments-Central, State and Local-are expected to frame their policies in
accordance with these principles. The aim of these principles is to establish a welfare state in
India. They, however, are not binding on the government-they are mere guidelines.

Partly rigid and partly flexible:

The Constitution of India is neither wholly rigid nor wholly flexible. It is partly rigid and
partly flexible. It is because of the fact that for the purpose of amendment, our constitution
has been divided into three parts: (a) certain provisions of the constitution can be amended by
a simple majority in the Parliament.

Single citizenship: In federation, normally we have double citizenship. In U.S.A. every

citizen besides being a citizen of United States of America is the citizen of the state in which
he or she resides. But the Constitution of India provides for singi’ citizenship-every Indian,
irrespective of his place of birth or residence, is a citizen of India. There is no citizenship of
Delhi, Punjab, Haryana or U.P.

19
Statute Law or Ordinary Law:

It is also called the national law or the municipal law. It is made by the government
(legislature) and it determines and regulates the conduct and behaviour of the people. It lays
down the relations among the people and their associations, organisations, groups and
institutions. The legislature makes laws, the executive implements these and judiciary
interprets and applies these to specific cases.

Ordinary meaning rule is a principle of statutory interpretation that when a word is not
defined in a statute or other legal instrument, the court normally construes it in accordance
with its ordinary or natural meaning. This rule guides courts faced with litigation that turns on
the meaning of a term not defined by the statute, or on that of a word found within a
definition itself.

According to this rule, statutes are to be interpreted using the ordinary meaning of the
language of the statute unless a statute explicitly defines some of its terms otherwise.
However, if the words are clear, they must be applied, even though the intention of the
legislator may have been different or the result is harsh or undesirable.

TYPES OF ORDINARY LAW:

PUBLIC LAW: Public law is that area of constitutional, administrative, criminal,

International law that focuses on the organization of the government, the relations between
the state and its citizens, the responsibilities of government officials, and the relations
between sister states. It is concerned with political matters, including the powers, rights,
capacities, and duties of various levels of government and government officials. Public law
controls public agencies or bodies acting in a public capacity. Agencies like local authorities
or government departments are public bodies. The following public administrative bodies can
be named as public bodies: Government ministers, departments, and agencies, local
authorities, health authorities, the police, prisons, courts, or any other regulatory and
monitoring bodies.

Since various functions of the government are carried out by different organizations, it is
important for us to identify if a body falls under the definition of “public body.” Generally,
Public law principles would be applicable, if it were approved as a public body by an Act of

20
Parliament or if it functions as a public body. If any public body engages in an act under a
private capacity, that particular act would be governed by the private law and, not public law.

The generally, a large number of people are affected by the decision of a public body at some
point. For instance, pension applicants, asylum seekers, disabled persons, patients, prisoners,
school children and their parents, etc. obtain some services provided by the government. Thus
our lives, when interacting with the government or any of its delegated authorities are
governed by public law. 

Public law is concerned with the relationship between the state and individuals, and unlike
private law, it doesn’t remedy issues arising between private individuals or bodies. This
mainly focuses on the separation of power within the state. To state simply, the public law
seeks to regulate the abuse of the sovereign power.

Public power is generally exercised through constitutions of nations and other legislative
enactments. However, the power might also be exercised through conventions rather than
written law; for example, the UK has a written constitution. Here, it could be understood that
the public authority is exercised through conventions, statutes, and agreements of the country.
Public law is imperative as a result of the unequal relationship between the government and
the public. The government is the only body that can make decisions on the rights and
privileges of the people and how they must act within the law. And when a public body
seems to have violated such rights and privileges while performing their functions in the
capacity of a public body, a citizen can resort to the mechanism of judicial review if he/she is
not satisfied with the decisions an authoritative body.

PUBLIC INTERNATIONAL LAW: Public International Law is composed of the laws, rules,
and principles of general application that deal with the conduct of nation states and
international organisations among themselves as well as the relationships between nation
states and international organisations with persons, whether natural or juridical. Public
International Law is sometimes called the "law of nations" or just simply International Law.
It should not be confused with Private International Law, which is primarily concerned with
the resolution of conflict of national laws, determining the law of which country is applicable
to specific situations. 

21
PRIVATE LAW:

Private law is a segment of law that governs the relationships and disputes between the
private citizens of the country. This branch is responsible for regulating the peace between
the citizens of the state, including private companies. Private law deals with disputes between
two private citizens or between private companies and private citizens. In common law
jurisdictions, private law has a broader coverage. It also covers private relationships between
governments and private individuals or other entities. Private law is also known as Civil Law
and covers areas such as: Contract law or law of obligations, Law of torts, Property Law,
Commercial Law, Competition Law, Family Law, Labour Law and Corporations law.

Private law is the body of law which govern the relationship between private individuals. It
covers various key areas of law; contracts, property, equity and trusts, torts, succession and
family law are the most imperative of these areas. While a significant number of the
fundamental standards of private law stem from the judge-made common law, the private law
also progresses as legislative enactments that expand upon or rebuilds, the common law. A
number of relationships administered by private law are isolated in nature; for example, the
family relationships. However, the private law covers private relationships arising out of
business and financial transactions as well. 

The private law, sometimes called as civil law, is concerned with the duties and obligations
of private individuals towards each other. It is important to understand the significant features
of the private law, before exploring the contents of the private law.

Remedies / Sanctions in Private Law

The remedies of the private law are prescribed for the injured party, who claims to have been
wronged, and the law tries to administer justice to the injured party (restitution or monetary
compensation), instead of imposing a penalty or a disciplinary action. Most of the remedies in
private law are of a pecuniary / monetary nature and the party who has infringed the law
needs to pay some amount of cash, as determined by the courts, to the injured party and not to
the state. These private law classifications of remedies/sanctions include

1. Restitution (in integrum restitutio): The party alleged to have breached the law will have
to restore any matter to the /state condition as of the breach of law had never happened. For
example, if the supplier of certain goods hasn’t received the payment for a buyer on a

22
specified date as stated in their contract, the court might order the buyer to return the goods
bought to the supplier since the buyer had breached the contract.

2. Damages/ Compensation: An amount determined by the court will have to be paid to the
other in order to compensate for the actual damage or loss of profit by the injured party.

3. Returning Enrichment: Where the party who has breached the law has benefited unjustly
it is known as unjust enrichment. The court will determine the amount for unjust enrichment
to be paid as compensation.

4. Specific Performance: At times, the private law may recommend a remedy to be of a non‐
pecuniary nature. In these circumstances, it is not the payment of money that is required but
the other party ought to do or give up something i.e. specific performance. For example, if the
supplier of certain goods had breached the contract to deliver “X”, they will be ordered by the
court to honor the contract and have the good “X” delivered to the buyer.

The law particularly lays down the use of every one of these types of remedies: it portrays the
circumstance in which one or more of the remedies can be made available, and the conditions
whereupon the sanctions might be granted to the harmed party.

Sources of Private Law

A number of sources of private/civil law can be found throughout the history.  There is
evidence to indicate that various civil codes have been used to govern the private relationship
of people in the past. The Code of Hammurabi in the Roman Corpus Juris Civils is one such
example. Similarly, religious and personal laws have also played a role in laying down the
principles to administer the private relationship of people, throughout various aspects of life
such as governing family, marriage, property, trade, etc. Some of the religious codes that
have regulated private human life include the Canons of the Apostles, the Qur’an, and
Sunnah or the Code of Manu.

In civil law jurisdictions, attempts have been made to codify and bring a single legislation
that covers various fields of private law. The Austrian Civil Code (1812), the French Civil
Code (1804), Swiss Civil Code (1904) are some illustrations of such single civil law models,
incorporating a number of areas of private law. Today, the use of the civil code is widely seen
in many countries like Turkey, Japan, South Korea, and some South‐American countries.

23
Australia, New Zealand, South Africa, India, Pakistan, Malaysia, Singapore, Sri Lanka,
Ghana, Cameroon and Hong Kong too have statutory laws enacted to govern various areas of
private law.  

ADMINISTRATIVE LAW

Administrative law, the legal framework within which public administration is carried out. It
derives from the need to create and develop a system of public administration under law, a
concept that may be compared with the much older notion of justice under law. Since
administration involves the exercise of power by the executive arm of government,
administrative law is of constitutional and political, as well as juridical, importance.

There is no universally accepted definition of administrative law, but rationally it may be

held to cover the organization, powers, duties, and functions of public authorities of all kinds
engaged in administration; their relations with one another and with citizens and
nongovernmental bodies; legal methods of controlling public administration; and the rights
and liabilities of officials. Administrative law is to a large extent complemented by
constitutional law, and the line between them is hard to draw. The organization of a national
legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head
of state are generally regarded as matters of constitutional law, whereas the substantive and
procedural provisions relating to central and local governments and judicial review of
administration are reckoned matters of administrative law. But some matters, such as the
responsibility of ministers, cannot be exclusively assigned to either administrative or
constitutional law. Some French and American jurists regard administrative law as including
parts of constitutional law.

The law relating to public health, education, housing, and other public services could
logically be regarded as part of the corpus of administrative law; but because of its sheer bulk
it is usually considered ancillary.

Bureaucracy and the role of administrative law

An inevitable consequence of the expansion of governmental functions has been the rise of
bureaucracy. The number of officials of all kinds has greatly increased, and so too have the
material resources allocated to their activities, while their powers have been enlarged in scope
and depth. The rise of bureaucracy has occurred in countries ruled by all types of

24
government, including communist countries, dictatorships and fascist regimes, and political
democracies. It is as conspicuous in the former colonial states of Africa and Asia as among
the highly developed countries of Western Europe or North America. A large, strong, and
well-trained civil service is essential in a modern state, irrespective of the political character
of its regime or the nature of its economy.

Fear of the maladies that tend to afflict bureaucracy has produced a considerable volume of
protest in some countries; and, even in those where opposition to the government or the party
in power is not permitted, criticism and exposure of bureaucratic maladministration are
generally encouraged.

Bureaucratic maladies are of different kinds. They include an overdevotion of officials to

precedent, remoteness from the rest of the community, inaccessibility, arrogance in dealing
with the general public, ineffective organization, waste of labour, procrastination, an
excessive sense of self-importance, indifference to the feelings or convenience of citizens, an
obsession with the binding authority of departmental decisions, inflexibility, abuse of power,
and reluctance to admit error. Many of these defects can be prevented or cured by the
application of good management techniques and by the careful training of personnel. A whole
range of techniques is available for this purpose, including effective public relations, work-
study programs, organization and management, operational research, and social surveys.

Administrative law is valuable in controlling the bureaucracy. Under liberal-democratic

systems of government, political and judicial control of administration are regarded as
complementary, but distinct. The former is concerned with questions of policy and the
responsibility of the executive for administration and expenditure. The latter is concerned
with inquiring into particular cases of complaint. Administrative law does not include the
control of policy by ministers or the head of state.

25
CONCLUSION:

From this research I would like to conclude that Law and order is highly important to make a
society civilized. Law has been prevalent in our society from ages and law makers try to
update it from time to time. Every constitution of any country has a separate law and order
department and it formulates the laws and rights of the citizens. Law undoubtedly has a huge
impact on human behaviour.  The law gives people its rights irrespective of caste, creed or
religion. People feel safe somehow as law and order is under the supervision of police and
judiciary. If there is no law then there would be lot of crime in the society which will hamper
human behaviours by creating fear. We have fundamental rights which make even the less
privileged people equal to the people of elite class. Such kind of law and rights are important
in every society for the people to feel secure and behave like a responsible citizen. Law if
broken can lead to some harsh punishments from the government and therefore, people think
twice before involving themselves in any wrong activities.

26
 BIBLIOGRAPHY

BOOKS REFFERED:
Constitutional law by Giovanni Bognetti
Constitutional law by Ian Loveland
Administrative law by S.P Sathe
Administrative law by C.K. Takwani
Lucy William. Philosophy of Private Law. Oxford: Oxford University Press, 2007

27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44