Public & Private

Law

By Anoushka Srivastava
 Introduction
In the words of Greek philosopher Aristotle , “Man is a social animal” . We humans live in
societies and communities, we interact with one another and behave in a certain way
acceptable by our community.The sphere of human activity , interaction and institutions has
been evolving ever since the advent of civilization.This makes it imperative for us to define a
set of rules and norms that govern the relationship between individuals and organisations and
to create bodies that enforce these.
This is what the legal system does.
‘Law’ has varying definitions however the widely accepted connotation of this term is as a
binding custom or practice of a community : a rule of conduct or action prescribed or formally
recognized as binding or enforced by a controlling authority
Since the sphere of human activity , interactions and institutions spans across territories and
distinct domains , it becomes necessary to classify laws in accordance with specific domains
for an organized legal system. Thus, the field of law is broadly classified as ‘Public law’ and
‘Private Law’

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 Public Law
Public law is a legislative enactment affecting the public at large. It governs the
relationship between the State and its citizens as well as the relationship between
individuals directly concerning the society. In both public and private law the state
acts as the arbiter however in case of Public law, it is also one of the concerned
parties.
Public law includes the following sub categories :
● Constitutional Law
● Administrative Law
● Criminal Law

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 Constitutional Law
The Constitutional Law of any State defines the political structure and
functioning of that state along with dictating the supreme power of law. The
Constitution of our country establishes it as a Sovereign, Socialist,
Secular,Democratic, Republic. It elucidates the federal system of government and
the division of power along with highlighting the key responsibilities and duties
of the government and the people.
It defines the substantive and procedural laws of the country imperative to uphold
the social structure while also setting limitations on the enjoyment of powers by
various organs of the government.

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 Administrative Law
Administrative law is the branch of Public law concerned with formation and
promotion of laws, determining the relations between the government and
foreign entities and the management of property and economic transactions of
the state.It is considered a branch of Public law since it is associated with public
institutions and welfare.These laws are upheld by the executive branch and not
the legislature or judiciary since it involves matters like collection of revenue,
pollution, taxation, statistic etc which need detail.

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 Criminal Law
Criminal Law deals with wrongs against the State, community and the public.
Even though criminal acts may have affected an individual or small group of
individuals , it is considered a public wrong since it affects the functioning of
society at large. Delivery of justice in case of criminal wrongs involves
extremely meticulous trial and penalty.
Since the penalty for criminal wrongs can be huge , sometimes even affecting an
individual's right to life and personal liberty, the judicial system is expected to
be extremely cautious so as to not punish an innocent person. This is the reason
why in most criminal cases the burden to prove guilt lies with the prosecution.

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 Private Law
Private law governs the relationship between individuals or private relationships
between citizens and organisations or institutions that are not of public importance.
Here the state only acts as an arbiter as the delivery of justice through upholding
private laws does not affect the public at large.
Private law includes the following sub categories :
● Law of Contracts
● Law of Torts
● Family Law
● Law of Succession
● Property Law

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 Law of Contracts
The law of contracts under the Private law is of immense importance since
individuals and organisations regularly enter into contracts with one another. The
law of contracts regulates the legal relationship between entities who have entered
into a contract and upholds their rights in this respect. This branch of law is
essential for the smooth functioning of the social and economic structure , not just
for organisations at higher levels but also individuals who trust one another while
entering into contracts with the assurance that a legal system is in place to ensure
their rights.

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 Law of Tort & Law of Property
Law of Torts deals with remedies for civil wrongs not arising from a contractual
obligation. It deals with implications for infringing upon rights of individuals or
organisations such as trespass, assault, battery,defamation etc.

The law of property as evidently suggested by its name deals with distribution and
disputes over property. Property laws are the ones that determine the structure of
property related transactions between individuals and organisations which often
requires the involvement of the state, but only as an arbiter.

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 Law of Succession and Family Laws
The law of succession deals largely with the distribution of assets including the
moveable and immoveable property of a deceased individual. It deals with two
major scenarios, one in which the person has left a will and another where the
person has not left a will. Here, the state as the arbiter ensures that the transfer of
property , whether as per the will or the laws of the country happens to the new
rightful owner.

Family law is that branch of law that deals with the legal dynamic of individuals
who are a part of a family. This includes issues like divorce, adoption, child
custody etc.

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 CONTRACT
LAW
PROPERTY
LAW
PRIVATE LAW TORT LAW

FAMILY LAW
LAW

LAW OF
SUCCESSION

CONSTITUTIONAL
LAW

PUBLIC LAW ADMINISTRATIVE

LAW

CRIMINAL LAW

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 Conclusion
The classification of laws in the public and private sector is essential since the
intention, action and implications of acts done in both these are different. While the
private sector deals with individuals and private groups whose issues do not affect
the society at large , the implications of breach of public law can shake the political
and social infrastructure of the country. Besides, further classification of the laws
under these two sectors helps provide expertise in the matters concerning them.
Even though there exist a few areas that do not fall under any of the above
categories such as employment, most of the issues can be categorized thus
facilitating the smooth functioning of an organized legal system.

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 References
https://nios.ac.in/media/documents/SrSec338New/338_Introduction_To_Law_Eng/338_Introduc
tion_To_Law_Eng_L12.pdf

https://www.merriam-webster.com/

https://www.britannica.com/

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THANK YOU