Introduction
As India is a democratic country, the constitution of India has provided several rights to every citizen of India. Along with rights, certain laws were set and implemented by the legal justice of India. These laws may help society from individuals who are violating those rights. Law is an act or activity to control the misleading behaviour of human beings by taking advantage of rights.
These laws of India play a vital role. In the Indian law system, we have around 1248 laws. All these laws will make the law system of India more effective and extensive. The constitution of India was the longest, with 450 articles, 12 schedules, and 101 amendments.
Meaning and History of Law in India
For Understanding the laws of India, one should need to understand the meaning and history of law in India. The meaning of the law can be defined in several ways by different educationalists. In simple words, the law is a set of rules or a system of regulation to control the behaviour of an individual who is discriminating against the rules set by the government of India.
The laws in India have a great history. From 3000BC, we can find the roots of how to set or create law. An Ancient Egyptian law can be taken as an instance. It is divided into 12 books to explain the formula for law, which aims to find justice, behavioural aspects, Harmony, and morality. From then to the present, we have several instances like goddess Mart, King Hammurabi, etc.
How Many Laws are there in India?
By observing the classification of law in India, We have 4 types of law in India.
Even though we help various kinds of laws in India, the legislative system of India has simplified and categorized all the laws in India into four major types. Let's have a glance at the types of law in India.
What are the 4 Types of Laws?
The four major types of laws are statutory law, criminal law, civil law, common law. All these laws were explained in detail along with examples as follows-
Statutory law:- the other name of statutory law is legislative law. This law has been created by the legislative body concerning state or municipal corporations. These laws are completely different from administrator laws. This law will be in a written format, and the desire, motto of the legislative system of India can be written in a document and sent to the respective authorities. If it doesn't work under the judicial department of India. The government executes power to the respective departments and allows them to break these laws into multiple types based on the issue occurring. For example, the statutory law can be reframed by fixing the penalties on traffic rules and frame it as traffic law.
Criminal law:- The name itself explains that this law is completely dealt with by the police department. This law is framed to reduce the crime rate in society. Certain crimes like robbery, murder, kidnap, rape, etc. will be taken action, and giving punishments were done by using the criminal law. It is stated by the Indian penal code, the Indian evidence act, code of criminal procedure. Criminal law Majorly works for the public service, not for private investigations. For example, if a vehicle has been stolen by a thief, the remaining vehicle owners will get worried and give a complaint. So this complaint will be taken as a view of the majority of the public.
Common-Law:- the common law can be treated as a leftover of the British government, East India company. The other names of common law are case law, judicial president. This law is stated by the central government of India with the concern of the country. This law is applicable throughout the nation with uniformity and the fundamental rights of the citizens. The common law can be reframed, broken into multiple laws and has several amendments, etc. This is widely experienced in the UK. The common law is in contrast to the statutory laws.
Civil law:- Civil law is regulated by civil procedure court. It is the simplification of criminal law in certain civil cases like- family issues, property-related issues, religious matters, etc. Based on the offence, civil law is further divided into different types of law. They are -
Contract law
Family law
Property law
Law of torts etc.
Conclusion
Hence, the law is a system of action to be taken when an offence is occurred by violating the rights provided to the citizens of India. We got clarity on 4 types of laws and examples in our country. Besides these four types of laws, we have some other different laws like Indian law, etc. These laws were kept on updating based on the offences occurring.
FAQs on Understanding laws of India
1. What is the core concept behind the chapter 'Understanding Laws' for Class 8 Civics?
The core concept is to understand that India is governed by the Rule of Law, which means that laws apply equally to all citizens and that no one is above the law. The chapter explains what laws are, why they are necessary for a society, how new laws are created by the Parliament, and the important role citizens play in this entire process.
2. What is the importance of the 'Rule of Law' in the Indian context?
The importance of the Rule of Law is that it establishes equality and justice for all. It ensures that every citizen, irrespective of their religion, caste, gender, or official position (including the President of India), is subject to the same laws. This prevents the misuse of power and protects the fundamental rights of individuals, forming the bedrock of India's democracy.
3. How does a new law come into being in India?
A new law in India is created through a specific legislative process. The key steps are:
- Identifying a Need: The process often begins when citizens, social groups, or the media raise a demand for a new law.
- Drafting a Bill: The government then prepares a draft of the proposed law, which is called a Bill.
- Parliamentary Debate: The Bill is introduced in either the Lok Sabha or the Rajya Sabha. It is debated and discussed by the members.
- Passing the Bill: For a Bill to proceed, it must be passed by a majority vote in both houses of Parliament.
- President's Assent: Once passed by both houses, the Bill is sent to the President of India for approval. After the President gives their assent, the Bill becomes an Act, or a law.
4. Why do some laws passed by the Parliament become unpopular or controversial?
A law can become unpopular or controversial even if it is constitutionally valid. This happens when a significant section of the population feels that the law is unfair, harmful, or goes against their interests. People might believe the law is biased or was passed without sufficient public consultation. When this occurs, citizens can express their dissent through peaceful protests, public meetings, and writing in newspapers or on social media to pressure the government to amend or repeal the law.
5. How can an ordinary citizen, including a student, participate in the law-making process?
Citizens are central to the law-making process in a democracy. They can participate by:
- Voicing Opinions: Using newspapers, television, social media, and other platforms to highlight issues and suggest the need for new laws or changes to existing ones.
- Engaging with Representatives: Communicating with their local Member of Parliament (MP) or Member of Legislative Assembly (MLA) to raise concerns.
- Public Mobilisation: Organising or participating in peaceful rallies, signature campaigns, and public meetings to show collective support or opposition for a Bill.
This public engagement ensures that the laws reflect the will and needs of the people.
6. What is the key difference between a 'Bill' and an 'Act'?
The key difference lies in their status within the legislative process. A Bill is a proposal or a draft for a new law that is under consideration by the Parliament. An Act is a Bill that has been successfully passed by both the Lok Sabha and the Rajya Sabha and has received the final approval (assent) from the President. Once it becomes an Act, it is an official and enforceable law of the country.
7. Can you provide a real-world example of how an old law was changed to promote equality?
A prominent example is the Hindu Succession Amendment Act of 2005. Before this amendment, in many communities, only sons had a right to the family's agricultural land and property. This was discriminatory against women. The 2005 Act was passed to end this injustice, granting daughters an equal right to inherit ancestral property, thereby promoting gender equality as envisioned in the Constitution.
8. What would happen if laws did not apply equally to everyone?
If laws did not apply equally, the very foundation of democracy and justice would collapse. It would lead to a society where the powerful and wealthy could act without fear of consequences, while the rights of ordinary citizens would be unprotected. This would result in widespread discrimination and anarchy, as people would lose faith in the system. The principle of equality before the law is crucial for maintaining social order and ensuring fairness.
