Learn the Law

Learn the Law has been written for the layperson with the objective to make people aware of their rights and duties.

Written in a simple manner, the book is divided into six units which cover the historical evolution of the Indian Legal System, Constitutional Law, Hierarchy of Courts and Administration of Justice, Civil Law, Criminal Law and Family Law.

The first unit traces the historical evolution of the Indian Legal System starting from the concept of Dharma in the Vedic period charting its journey through the Moghul period and then the British period which actually put the foundational stone of the current legal system.

The People of India draw their rights from the Constitution (though with reasonable restrictions) and have the ability to question unconstitutional conduct by the State before the Judiciary. The Judiciary is the guardian of the Constitution. Rights and the enforcement of rights have been covered in Unit II of this book.

There are several courts and tribunals in India and each of them has its own jurisdiction. Often, person not aquainted with the law do not understand which forum to approach for the remedy they are seeking. For example, consumers may approach the Competition Commission of India only when a right of many people is affected (right in rem), whereas they can approach Consumer Commissions for their individual grievance (right in personam). Unit III of this book explains the hierarchy of courts and the administration of justice.

Laws are broadly classified into civil and criminal laws. Units IV and V cover these briefly and orient the readers towards the concept and differences between civil and criminal law. The last unit of the book explains family law covering the law of marriage, divorce, maintenance and adoption.

The scope of this book is to build a base for the readers so that they can appreciate laws and policies. Learning the law is a skill that is learned through understanding the legal language and methods. This book in brief, gives the readers an overview of the Indian legal system the process of law-making, its enforcement and repercussions for common persons.

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The author has covered important aspects of the development of law, basic understanding of the Constitution, civil, criminal and family law including the functioning of the court system. This basic framework would enable the readers of this book to help understand the nuances of the functioning of the legal system. This book would serve as a handy introduction to the penumbra of Legal Studies for a lay person and a casual but serious reminder as a quick reference of laws, which have been learnt but lost sight of, for law students and lawyers too.

- Ambadas Joshi

Unit I - Historical Evolution of the Indian Legal System
1. Law and Jurisprudence — An Introduction
2. Natural Person and Artificial (Legal) Person
3. Law in Ancient India and the Concept of “Dharma”
4. Law in Medieval India with Special Reference to the Mughal Period
5. Legal System in India Post-18th Century
6. Government of India Acts and Framing of the Constitution of India

Unit II - Constitution of India — The Guiding Light
1. Different Facets of the Constitution
2. Classification of Fundamental Rights
3. The State
4. Judicial Review
5. Article 21—The Right to Life and Personal Liberty
6. Right to Constitutional Remedies
7. Restrictions on Fundamental Rights
8. Human Rights Laws

Unit III - Hierarchy of Courts and Administration of Justice
1. Overview of the Court System in India
2. Understanding Civil and Criminal Law in Contrast
3. Hierarchy of Courts in India
4. Justice System in Rural India
5. Alternate Dispute Resolution
6. The Concept of Legal Aid
7. Legal Services Authorities

Unit IV - Civil Law
1. Substantive Civil Law
2. General Civil Procedure
3. Introduction to Transfer of Property
4. Law of Trusts and Wills
5. Benami Properties

Unit V - Criminal Law
1. Substantive and Procedural Criminal Law
2. Indian Penal Code
3. Law Relating to FIR and Arrest
4. Criminal Trial

Unit VI - Family Law
1. Introduction
2. Law Relating to Marriage
3. Law Relating to Divorce and Maintenance
4. Adoption of Children

Subject Index