(Long legal method )

1) Explain the judicial system of India?

Ans.The judicial system of India is a complex and hierarchical
structure that consists of various levels of courts, each with
specific jurisdictions and functions. Here is an overview of the
judicial system in India:
Supreme Court of India:
• The Supreme Court is the highest judicial authority in the
country. It is located in New Delhi and serves as the final court
of appeal. The Supreme Court has original jurisdiction to hear
cases involving constitutional matters and disputes between
the central government and states. It also has appellate
jurisdiction over decisions of the High Courts and other
tribunals.
High Courts:
• Each state in India has a High Court, which is the highest
court within the state's jurisdiction. High Courts have both
original and appellate jurisdiction. They hear cases that fall
within their territorial jurisdiction and also serve as appellate
courts for decisions made by lower courts and tribunals within
the state.
District Courts:
• Below the High Courts are the District Courts, which are
situated in various districts across the country. Each state is
divided into districts, and each district has its own District
Court.
Subordinate Courts:
• Subordinate or lower courts are further divided into civil and
criminal courts. These include the Civil Judge (Junior Division),
Civil Judge (Senior Division), Chief Judicial Magistrate, and
Judicial Magistrate of the first class, among others.
{.Tribunals
• India has specialized tribunals to handle specific areas of law
and disputes. Examples include the National Green Tribunal, the
Central Administrative Tribunal, and the Income Tax Appellate
Tribunal. These tribunals have jurisdiction over matters related
to environmental law, administrative issues, and taxation,
respectively.
Constitutional Courts:
• Apart from the regular judicial hierarchy, there are also special
courts with constitutional powers, such as the National Human
Rights Commission (NHRC) and the State Human Rights
Commissions (SHRCs), which address human rights violations.
Gram Nyayalayas:
• In rural areas, the Gram Nyayalayas were established to
provide access to justice at the grassroots level. These village-
level courts aim to simplify legal procedures and enhance the
accessibility of justice to the rural population.
In summary, India's judicial system comprises a hierarchical
structure, with the Supreme Court at the apex, followed by the
High Courts, District Courts, subordinate courts, specialized
tribunals, constitutional courts, and Gram Nyayalayas. This
multi-tiered system is designed to provide access to justice and
address legal matters at various levels of complexity and
jurisdiction.
2) what do you mean by legislation? Explain with the different
definition? Ans. Legislation is a multifaceted term that
encompasses the formal process of creating laws and the laws
themselves. It involves the enactment of statutes by a
legislative body, which could be a parliament, congress, or
other authorized institutions. Below are different aspects and
definitions of legislation:
Formal Process of Lawmaking:
• Legislation refers to the formal and systematic process
through which laws are proposed, debated, revised, and
ultimately adopted by a legislative body. This process involves
the introduction of bills, discussions, committee reviews, voting,
and, finally, approval to transform the proposed laws into
enforceable statutes.
Statutory Law:
• Legislation is synonymous with statutory law, representing the
body of laws formally written and enacted by a legislative
authority. These statutes cover a broad spectrum of subjects,
including criminal offenses, civil matters, administrative
procedures
Binding Rules:
• Legislative enactments are binding rules that carry the force
of law within a particular jurisdiction. They prescribe rights,
duties, and obligations for individuals and entities, providing a
legal framework that governs various aspects of societal and
institutional behavior.
Expression of Public Policy:
• Legislation is often viewed as the formal expression of public
policy. Elected representatives, acting on behalf of their
constituents, propose and pass laws that reflect societal values,
address emerging issues, and regulate conduct.
Democracy and Accountability:
• In democratic systems, legislation is a key instrument for
ensuring accountability and responsiveness to the needs and
concerns of the public. Elected representatives are accountable
for their legislative decisions,
Dynamic and Evolving Nature:
• Legislation is dynamic and subject to change. Legislatures
have the authority to amend or repeal existing laws, reflecting
the evolving needs of society, advancements in knowledge, and
shifts in public opinion.
Hierarchy of Laws:
• Legislative enactments exist within a hierarchy of laws. In
many legal systems, constitutional laws form the highest tier,
followed by statutes, regulations, and administrative rules.
In summary, legislation encompasses the formal process of
lawmaking and the resulting statutory laws. It is a foundational
aspect of governance, shaping the legal landscape, ensuring
societal order, and reflecting the values and priorities of the
community it serves.
3) what are the salient feature of Indian constitution?
ans. The Indian Constitution, adopted on January 26, 1950, is a
comprehensive and unique document that reflects the values,
aspirations, and diversity of the Indian society. Here are five
salient features of the Indian Constitution:
Preamble:
• The Preamble of the Indian Constitution sets out the
objectives and guiding principles of the document. It declares
India to be a sovereign, socialist, secular, and democratic
republic that aims to secure justice, liberty, equality, and
fraternity for its citizens. The Preamble encapsulates the spirit
and vision of the constitution.
Federalism with a Strong Center:
• The Indian Constitution establishes a federal structure of
government, dividing powers between the central government
and the states. However, it leans towards a strong center,
especially during emergencies. The Constitution provides for a
three-tier system of government – central, state, and local
(Panchayats and Municipalities).
Fundamental Rights and Directive Principles of State Policy:
• The Indian Constitution guarantees Fundamental Rights to
citizens, including the right to equality, freedom, and protection
of life and personal liberty. These rights are justiciable, meaning
they can be enforced by the courts.
Secularism and Religious Diversity:
• he Indian Constitution embraces secularism, ensuring the
separation of religion from the state. It guarantees freedom of
religion to all citizens and prohibits discrimination on religious
grounds society.
Amendment Procedure:
• The Constitution of India provides for a flexible amendment
procedure. While the basic structure of the Constitution is
considered sacrosanct and cannot be altered, amendments can
be made to other provisions through a prescribed process.
These salient features collectively contribute to the strength
and adaptability of the Indian Constitution, allowing it to serve
as a guiding framework for governance and justice in a diverse
and dynamic nation.
4) Describe the law with its function?
ans. Law is a system of rules and regulations created and
enforced by a governing authority, typically a government, to
regulate conduct and maintain order within a society. Its
functions are multifaceted and play a crucial role in shaping and
governing social interactions. Here's a more detailed
explanation of law and its functions:
Maintaining Order and Stability:
• One of the primary functions of law is to maintain order and
stability in society. Legal rules and regulations provide a
structured framework that guides individuals' behavior,
preventing chaos and ensuring predictability in social
interactions.
Resolving Disputes:
• Law provides mechanisms for resolving disputes and
conflicts. Courts and legal processes offer a formalized way to
address disagreements, ensuring that conflicts are resolved
impartially and in accordance with established rules and
principles. Protecting Individual Rights and freedom
>Law serves as a protector of individual rights and freedoms. It
establishes a legal framework that safeguards fundamental
rights, such as freedom of speech, religion, and privacy. Legal
systems often include mechanisms for individuals to seek
redress when their rights are violated.
Setting Standards of Conduct:
 • Law establishes standards of conduct that individuals and
entities are expected to follow. These standards reflect societal
norms and values, providing a moral and ethical framework for
behavior. Violations of these standards may result in legal
consequences.
Ensuring Justice and Fairness:
•Law is a tool for ensuring justice and fairness. It provides a
system for adjudicating disputes and determining culpability.
Legal processes aim to be impartial and objective, promoting
the fair and equitable treatment of individuals under the law.
Regulating Social and Economic Activities:
•Law plays a crucial role in regulating various aspects of
social and economic activities. It governs contracts, property
rights, business transactions, and other interactions, providing
a legal structure that facilitates economic development and
ensures a functioning society.
. Creating a Deterrent Effect:
• The existence of laws and the potential for legal
consequences serve as a deterrent to unlawful behavior. The
fear of punishment or legal consequences can influence
individuals and entities to comply with the law, contributing to
the overall maintenance of social order.
In summary, law is a multifunctional tool that serves to
maintain order, resolve disputes, protect individual rights, set
standards of conduct, ensure justice, regulate social and
economic activities, and create a deterrent effect. It is a
foundational element of governance that contributes to the
stability, fairness, and functionality of societies