Business Law

Module 1
 Module-I
• Introduction
• Introduction of legal System
• Sources of Law
• Classification of law
• Natural Justice
• History of Indian judicial system
• Fundamental Rights
• Fundamental Duties
• Directive Principles.
 Grading structure
Evaluation tool Marks
Individual Assignment 10
Group presentation 10
Test papers (2) 30
End semester Examination 50
Total 100 marks
 Law
• Law is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior.

•  It has been defined both as "the Science of Justice" and "the Art of

Justice".

• According to Holland
• “Law is a rule of external human action enforced by a sovereign political authority”

"shooting the birds is against the law"

 The Indian Legal System
Sources of Laws
and
Basic types of Laws
 Sources of Law
The sources from which rules of Indian law are derived are

• Customs and Usage

• Local customs and conventions which are not against statute, morality, etc., are also recognised and taken into account
by courts while administering justice in certain spheres.
• Writings of the great jurists
• Judgement of the Court
• Judicial decisions of superior courts like Supreme Court and High Courts are important sources of law. Decisions of
Supreme Court are binding on all courts within the territory of India
• Foreign law
• English law and Roman Law
• Statutes or Acts
• Statutes are enacted by Parliament, State legislatures and Union Territory legislatures
• The main sources of law in India - the Constitution
Source : Legal Environment of Business, L R. Potti, p.1
  Public and Private Law
 Civil law and Criminal Law
Classifications  National law and International Law
of Law  Statute Law and Common Law
 General law and Special Law
 Public Law
• Public law involves the state or government in some way.
• Concerned with legal relation between the state and the individuals
• There are three main types of Public law
• 1. Constitutional law
• Controls how the government operates and is used to resolve any disputes over
constitutional matters, for example, who is entitled to vote.
• 2. Administrative law:
• Controls how Ministers of State and public bodies should operate and make decisions.
• An important part of administrative law is a type of court action known as judicial review.
• 3. Criminal law:
• Comes under the heading of public law as it involves the state.
• A crime is regarded as an action against society and the state as a whole.
 Criminal Laws in India

• Three major acts 

• Indian Penal Code, 1860
• Code of Criminal Procedure, 1973, and 
• Indian Evidence Act, 1872
• Minor Laws
• Special Criminal Laws are passed by the Indian Parliament
• Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)
• Prevention of Corruption Act
• Food Adulteration Act, Dowry Prevention Act  
 Private Law
• Law which determines relationship among individuals in their ordinary
private capacities
• covers areas like work, business dealings, education and everyday life.
• Private law concerns the smooth running of society

• Examples include
• Law of contracts, Employment law, the law of tort and the law of succession.

• Tort
• can be defined as an act conducted by one person towards another person which
causes harm to the other person.
• Act of wrongdoing causes either injury to the other person or harm.
• injury - invasion of a legal right of a person and harm - causation of any loss
• E.g. Assault, Battery, Trespass, slander, libel, disobeying the traffic rules and causing accident
 Civil Law and Criminal Law

• Civil Law
• Right and obligations of individuals in their dealings with one another
• Civil law deals with behavior that constitutes an injury to an individual or
other private party, such as a corporation.
• Laws covering contracts and relations between individuals
Examples are defamation (including libel and slander), breach of contract,
negligence resulting in injury or death, and property damage.
• No crime has been committed
• While criminal law means law relating crime only, civil law
means the rest.
 Civil Law Examples

• family law- divorce, alimony, child custody

• tort law- negligence or wrongful act/omission causing death,
personal injury, or property damage
• probate law- handling the estate of someone who has died
• labour law- anything having to do with the workplace
Criminal Law
• Relates to crime; Breaking the legal code
• Serious crimes with punishment of more than a year in jail
• Less serious crimes with jail time or a fine
• a law with a penalty (penal law)
• Laws covering harms against the state

Examples- Theft, substance abuse, sex offenses, murder; any case

brought against a defendant by the state
 National Law and international Law

• National Law
• Internal legal rules of the country

• International Law
• External relationship of country with other countries
• Public international law
• Treaties, agreements and conventions
 Statute and Common Law

• Statute
• Laws aid down by the Acts of Parliament

• Common Law
• Decisions of the courts
 General Law and Special Law

• General Law
• Applicable to all persons
• General Applications

• Special Law
• Applicable only to certain circumstances
• E.g. Local law, martial law
 The Constitution of India
• The Constitution of India  is the supreme law of India.
• Contains
• fundamental political code
• structure, procedures, powers, and duties of government institutions
• sets out fundamental rights, directive principles, and the duties of citizens.

• It is the longest written constitution of any country on earth.

• B. R. Ambedkar, chairman of the drafting committee - Chief Architect.

• Adopted by the Constituent Assembly of India on 26 November 1949 and became

effective on 26 January 1950.
 Constitution of India
• Constitution of India prescribes the fundamental obligations of the states
to its citizens and the duties and the rights of the citizens to the State.
• Constitution of India – these sections
• The Fundamental Rights
• Part III of the Constitution
• Enforceable by the courts

• Directive Principles of State Policy 

• Part IV of the Constitution
• Guidelines – not enforceable

• Fundamental Duties 
• Part IV-A of the Constitution
• Moral obligations – not enforceable
FUNDAMENTAL RIGHTS
 Rights and Duties
• Rights are rules of interaction between people.
• constraints and obligations upon the actions of the state and individuals or groups.
• Considered fundamental to civilization

e.g. if one has a right to life, this means that others do not have the liberty to kill him/her.

Rights and Duties are two wheels on which the chariot of life moves forward
smoothly.

• A duty is something that someone is expected or required to do.

• Parents have a duty to take care of their child.
• Children have duties towards your parents.
• A teacher has a duty to educate students.
  These rights are fundamental because of two
reasons.
 First, these are mentioned in the Constitution
 Second, these are justiciable, i.e. enforceable
through courts.
Fundamental  Being justiciable means that in case of their violation,
the individual can approach courts for their protection.
rights  If a government enacts a law that restricts any of these
rights, it will be declared invalid by courts.

 Such rights are provided in Part III of the

Indian Constitution.
 Fundamental rights
• The Constitution guarantees six fundamental rights to Indian citizens
I. Right to Equality
II. Right to Freedom
III. Right against Exploitation
IV. Right to freedom of Religion
V. Cultural and Educational rights, and
VI. Right to Constitutional remedies.

Originally, there were seven Fundamental Rights - Right to Property also.

goal of socialism and equitable distribution of wealth, it was removed from the list
of Fundamental Rights in 1978 by 44th constitutional amendment.

While these fundamental rights are universal, the Constitution provides for some
exceptions and restrictions.
 Right to equality
• All the citizens should be treated equal before the law.
• To prohibit discrimination
• Five provisions (Articles 14-18) to provide for equality before
law or for the protection of law to all the persons in India
• Equality before Law
• No Discrimination on the basis of Religion, Race, Caste, Sex or
Place of Birth
• Equality of Opportunity to all Citizens in matter of Public
Employment
• Abolition of Untouchability
• Abolition of Titles
 Right to equality
• Equality before Law
• No person is above law.
• if two persons commit the same crime, both of them will get the same punishment
without any discrimination.

• No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth

• Every citizen of India has equal access to shops, restaurants, places of public
entertainment or in the use of wells, tanks or roads without any discrimination.
• However, the State can make special provisions or concessions for women and children.

• Equality of Opportunity to all Citizens in matter of Public Employment

• All citizens can apply and become employees of the State. Merits and qualifications will
be the basis of employment.
• Exceptions to this right - reservation for citizens – SC/ST/OBC
 Right to equality
• Abolition of Untouchability
• This provision is an effort to uplift the social status of millions of Indians who had
been looked down upon and kept at a distance because of either their caste or
the nature of their profession.

• Abolition of Titles
• All the British titles like Sir (Knighthood) or Rai Bahadur which were given to the
British loyalists during the British rule, have been abolished because they created
distinctions of artificial nature.
• The President of India can confer civil and military awards.
• The Civil awards - Bharat Ratna, Padma Vibhushan, Padam Bhushan and
Padma Shri
• The Military awards - Veer Chakra, Paramveer Chakra, Ashok Chakra
 Fundamental rights

I. Right to Equality (Article 14-18)

II. Right to Freedom
[Link] against Exploitation
IV. Right to freedom of Religion
V. Cultural and Educational rights, and
VI. Right to Constitutional remedies.
 Right to Freedom
• The Constitution of India provides Right to Freedom to all its citizens.
This Right is stipulated under Articles 19-22.
• The following are the four categories of Rights to Freedom:
A. Six Freedoms: Article 19 of the Constitution provides six
freedoms
B. Protection in respect of conviction for offences
C. Protection of life and personal liberty
D. Protection against arrest and detention in certain cases
4 categories of Rights to Freedom
I. Six Freedoms: Article 19 of the Constitution
provides for the following six freedoms:
1. Freedom of speech and expression
2. Freedom to assemble peacefully and without arms
3. Freedom to form Associations and Unions
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of India
6. Freedom to practise any profession or to carry on any occupation,
trade or business
 Reasonable restrictions
Freedom Reasonable Restrictions
Freedom of speech and expression Restriction on the use of language that may
instigate people for communal violence
Freedom to form Associations and Not allowed to form an association to help
Unions terrorist activities
Freedom to assemble peacefully and Should be peaceful and participants should
without arms. not carry any weapon.
Freedom to move freely throughout the Restriction on the movement of a
territory of India person/group to prevent spread of violence
Free to reside and settle in any part of Not allowed to reside too close to
India aerodrome
Freedom to practise any profession or to Not allowed to run trades like gambling,
carry on any occupation, trade or prostitution, selling of narcotic drugs
business
4 categories of Rights to Freedom
II. Protection in respect of conviction for offences - Article 20
• No one can be convicted for an act that was not an offence at the time of its
commission
• No one can be given punishment greater than what was provided in the law
prevalent at the time of its commission.
• No one can be prosecuted and punished for the same offence more than once
and can be forced to give witness against his or her own self.

III. Protection of life and personal liberty - Article 21

• No one can be deprived of his or her life or personal liberty except according to
the procedure established by law.

IV. Protection against arrest and detention in certain cases - Article 22

• Whenever a person is arrested, he or she should be informed, as soon as it is
possible, of the grounds for arrest and should be allowed to consult and to be
defended by a legal practitioner of his or her choice
 Right against Exploitation

• Traditionally, the Indian society has been hierarchical that has

encouraged exploitation in many forms.
• Articles 23 and 24 of the Constitution.
1. Prohibition of traffic in human beings and forced labour:
• Traffic in human beings and begar and other similar forms of forced labour
are prohibited and any breach of this provision shall be an offence punishable

2. Prohibition of employment of children in factories, etc.:

• No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
• Legal Age for Working in India - 14
• Right to education
 Human trafficking
• Human trafficking is the trade of humans for the
purpose of forced labour, sexual slavery, or
commercial sexual exploitation for the trafficker or
others. 
 Right to freedom of Religion
• Articles 25, 25, 27 and 28
• Freedom of conscience and free profession, practice and
propagation of religion
• Freedom to manage religious affairs
• Freedom as to the payment of taxes for promotion of any
particular religion
• Freedom as to attendance at religious instruction or
religious worship in certain educational institutions
 Fundamental Rights
I. Right to Equality (Article 14-18)
II. Right to Freedom (Article 19-22)
[Link] against Exploitation (Article 23-24)
IV. Right to freedom of Religion (Article 25, 26, 27 and 28)
V. Cultural and Educational rights (Article 29-30)
VI. Right to Constitutional remedies. (Article 32)
 Cultural and Educational Rights

• Article 29 and 30

• Protection of interests of minorities (Article 29)

• Minorities - "any section of citizens having a distinct language,
script and culture".

• Right of minorities to establish and administer

educational institutions (Article 30)
 Right to constitutional remedies.
• Article 32
• Fundamental Rights are justiciable, they are just
like guarantees.
• They are enforceable, as every individual has the right to
seek the help from courts, if they are violated.
• If violated, can seek justice through courts.
• Can directly approach the Supreme Court that can issue directions, orders
or writs for the enforcement of Fundamental Rights.
Right to Education (RTE)
• The Right to Education is added by introducing a new Article 21A in
the Chapter on Fundamental Rights in 2002 by the 86th
Constitutional Amendment.
• It was a long standing demand so that all children in the age group of
6-14 years (and their parents) can claim compulsory and free
education as a Fundamental Right.
• Article 21-A and the RTE Act came into effect on 1 April 2010
• Children of 6-14 years - right to receive quality education.
 Module-I
• Introduction
• Introduction of legal System
• Sources of Law
• Classification of law
• Natural Justice
• History of Indian judicial system
• Fundamental Rights
• Fundamental Duties
• Directive Principles.
 Constitution of India
• Constitution of India prescribes the fundamental obligations of the states
to its citizens and the duties and the rights of the citizens to the State.
• Constitution of India – these sections
• The Fundamental Rights
• Part III of the Constitution
• Enforceable by the courts

• Fundamental Duties 
• Part IV-A of the Constitution
• Moral obligations – not enforceable

• Directive Principles of State Policy 

• Part IV of the Constitution
• Guidelines – not enforceable
 Fundamental Duties
• In return for every right, the society expects the citizens to do certain things,
duties.
• The original Constitution enforced on 26th January, 1950 did not mention
anything about the duties of the citizen.
• It was expected that the citizens of free India would perform their duties willingly.
• Fundamental duties
• 10 Fundamental Duties were added in Part-IV of the Constitution under Article 51-A
in the year 1976 through the 42nd Constitutional Amendment.
• The 11th fundamental duty was added by the 86th constitutional amendment
in 2002
• Fundamental Rights are justiciable, the Fundamental Duties are non-
justiciable.
FUNDANMANTAL DUTIES
1. To abide by the constitution and to respect ideals of constitution
and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national
struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of
India
4. To defend the country and render national service when called
upon to do so.
5. To promote harmony and the spirit of common brotherhood
amongst all the people of India linguistic and regional or
sectional diversities; to renounce practices derogatory to the
dignity of women
6. To value and preserve the rich heritage of our composite culture
 FUNDANMANTAL DUTIES
7. To protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures
8. To safeguard public property and to abjure violence
9. To develop the scientific temper, humanism and the spirit of inquiry
and reform.
10. To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of Endeavour
and achievement.
11. Every citizen "who is a parent or guardian, to provide opportunities
for education to his child or ward between the age of six and fourteen
years"
 Constitution of India
• Constitution of India prescribes the fundamental obligations of the states
to its citizens and the duties and the rights of the citizens to the State.
• Constitution of India – these sections
• The Fundamental Rights
• Part III of the Constitution
• Enforceable by the courts

• Fundamental Duties 
• Part IV-A of the Constitution
• Moral obligations – not enforceable

• Directive Principles of State Policy 

• Part IV of the Constitution
• Guidelines – not enforceable
 DIRECTIVE PRINCIPLES OF STATE POLICY IN INDIA

Article 36 to 51 of the Constitution of India

The objective is to establish a social and economic democracy in India

Article 37 reveals that :

• The Directive Principles are not justiciable
• They are Fundamental in the governance of the country
• It shall be the duty of the State to apply these Directive Principles while
formulating policies or making laws for the governance of the State
 CLASSIFICATION

• Directive Principles are classified under the following

categories:
• Socialist Principles
• Liberal Principles
• Gandhian Principles
• International Principles
 SOCIALIST PRINCIPLES
• Article 38 : social system which will secure social, economic and political justice
• Article 39(a) : policy to secure adequate means of livelihood for all its citizens.
• Article 39(b) the ownership of material resources would be controlled in such a
manner so as to subserve the common good.
• Article 39(c) : wealth may not be concentrated in a few hands and the means of
production may not be used against the public interest.
• Article 41 : provide to the citizens the right to work, the right to education and
general assistance in the event of unemployment, old age, disease and other
disabilities.
• Article 42: creation of just and humane conditions of work. Maternity relief.
• Artcle 43 : Ensure adequate wages, good life and rest to the labourers.
 LIBERAL PRINCIPLES

• Artcle 44 : a Uniform civile-code for all the people living throughout

the country
• Artcle 45 : Provide early childhood care and education for all the
children untill they complete the age of six years.
• Artcle 47 : raise the level of nutrition and the standard of living.
• Artcle : organise agriculture and husbandary on modern and scientific
lines.
• Article 50 : separate the judiciary from the executive in the case of
public service.
 GANDHIAN PRINCIPLES

• Article 40 : organise Panchayats in villages and will endow them with

such powers which enabel them to act as units of self government.
• Article 43: develop the cottage industry in the rural areas both, on
individual or co-operative basis.
• Article 47 : ban the consumption of wine, other intoxicating drinks and
all such commodities which are considered injurious to health.
• Article 48 : ban slaughtering of cows, calves and other milch cattle.
 INTERNATIONAL PRINCIPLES

• Article 51(a)- The State will strive to promote international

peace and security.
• Article 51(b)- maintain just and honourable relations among
various nations of the world.
• Article 51(c)- promote respect for International treaties,
agreements, and law.
• Article 51(f)- Settle international disputes by arbitration.
 Module-I
• Introduction
• Introduction of legal System
• Sources of Law
• Classification of law
• Natural Justice
• History of Indian judicial system
• Fundamental Rights
• Fundamental Duties
• Directive Principles.
 THE PRINCIPLES OF NATURAL JUSTICE

• In India, the principles of natural justice are firmly grounded in Article

14 & 21 of the Constitution.
• Natural justice implies fairness, reasonableness, and equality

• The principle of natural justice encompasses the following two rules: -

• Nemo judex in causa sua or Rule against bias
• No one should be a judge in his own cause or, the rule against bias.
• Audi alteram partem
• Hear the other party or, the rule of fair hearing or, the rule that no one should be
condemned unheard.
 THE PRINCIPLES OF NATURAL JUSTICE
• Nemo judex in causa sua or Rule against bias
• That is the authority sitting in judgment should be impartial and act without
bias.
• To instill confidence in the system, justice should not merely be done but
seen to be done.
• Bias may arise out of friendship, relationship, professional grievance or even
enmity (personal bias) or official bias
• Audi alteram partem or Hear the other side
• Hear the other party or, the rule of fair hearing or, the rule that no one should
be condemned unheard.
• Notice
• Opportunity for hearning
 Module-I
• Introduction
• Introduction of legal System
• Sources of Law
• Classification of law
• Natural Justice
• History of Indian judicial system
• Fundamental Rights
• Fundamental Duties
• Directive Principles.
 Indian Legal System
• Indian law refers to the system of law which operates in India.

• It is largely based on English common law.

• Various Acts introduced by the British are still in effect in modified

form today.

• Much of contemporary Indian law shows substantial European and

American influence.
 History of Indian law

• Ancient India represented a distinct tradition of law.

• India had an historically independent school of legal theory
and practice.
• The Arthashastra, dating from 400 BC, and the Manusmriti,
from 100 AD, were influential in India.
• Manu's central philosophy was tolerance and pluralism, and
was cited across Southeast Asia.
 Sources of Law

• Sources of Law
• Statutes or Acts
• Judgement of the Court
• Constitution of India

• Types
• Criminal Law
• Indian Penal Code, 1860
• Civil Law
• The Civil Procedure Code (C.P.C.), 1908
• Regulate the functioning of Civil courts
 Criminal Law

• Criminal law essentially relates to offences and breaches that negatively

affect society as a whole, rather than just one person.

• Examples of offences that breach criminal law

• Burglary, theft, arson and criminal damage
• Assault, sexual assault and battery
• Murder, Fraud, money laundering and drug dealing

• If convicted, the offender will receive the penalty in the form of fines, prison sentences

• In order to be found guilty of a criminal offence, the person must be proven guilty
 Civil Law
• Different from criminal law - rights and property of individual people or
organisations
• Civil law settles disputes between individuals and organisations, involves
compensation
• No one is sent to prison in a civil case - liable for compensation.
• Examples of civil law cases include:
• Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare
arrangements
• Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips
and falls
• Breach of contract or promise, such as cases where money is unpaid or a contract isn’t honoured
• Employment law, for example where an employee suffers discrimination
 Criminal Law vs Civil law
Criminal law seeks to punish for an offence. Civil law seeks to achieve a
remedy (e.g. compensation) for the injured party.

Other important distinctions include:

• By handing out a punishment or penalty, criminal law aims to deter
offenders and others in society from offending - maintaining the stability of
the state and society
• Civil law aims to deal with disputes between individuals or organisations
• Civil law cases usually (but not always) involve compensation or an
agreement
• Civil law cases are filed by private parties, while criminal cases are filed by
govt
 Criminal Law vs Civil law
• The decision of the court in a criminal case is guilty or not guilty. In a
civil court, it is liable or not liable

• The outcome of civil cases where one party is found liable is

compensation, while for criminal cases - punishment in the form of
prison, fine or community service.

• When it comes to appeals, either party can appeal in a civil case. In a

criminal case, only the defendant can appeal the decision of the court
Civil Law - types
 Law of Tort
• A tort is a civil wrong, done by one person or entity to another,
• which results in injury or property damage and
• compensation given is in monetary terms to the injured party.
• There are three types of torts:
• Negligence
• Intentional tort
• Negligence is a tort which is done unintentionally.
• Intentional tort a deliberate wrong act in which, the defendant acted with
intent to cause harm or injury.
• E.g.  assault and battery, false imprisonment, fraud, invasion of privacy, and intentional infliction of
emotional distress.
• Master-servant relationship, liability of the state, liability of the directors of the company, partnership
firm, etc.
 Contract Law
• The Indian Contract Act, 1872 deals with all kinds of contract.
• law that deals with agreements between two or more parties.
• If one party violates any of the terms and conditions of the contract,
he/she has committed a civil wrong known as “breach of contract.” 

• It contains all provisions with regards to

• validity of a contract to its discharge and
• penalties for breach of the contract.
 Family law

• Deals with marriage, divorce, annulment, child custody, adoption, birth, child
support, and any other issues affecting families.
• Various religions have different laws in this regard,
• Hindu law, Muslim law, Christian law, Parsi law.
• The cases relating to this law is dealt by the family court, and its functions include
• dividing up property and finances after a divorce,
• establishing child custody, child support, and
• spousal support among other things.
• Some newer areas that fall under the umbrella of family law are;
• same-sex marriage, artificial conception, surrogate motherhood, in vitro fertilization, and
palimony.
• After independence Indian laws have adapted to the changing world.
• The most recent being the Domestic Violence Act[2005].
 Property Law
• Property law covers both personal property and real property.
• Personal property can be tangible, such as jewelry, animals, and merchandise, or intangible such as
patents, copyrights, stocks, and bonds.
• Real property refers to land and anything built on it that cannot be easily removed, as well as
anything under the surface of the land, such as oil and minerals. There are two types of property law
torts: trespass and conversion.
• Trespass refers to a defendant intentionally and physically interfering with
the plaintiff’s right to possession and use of their personal property.
• Trespass to land occurs when a defendant enters plaintiff’s private
property without consent of the plaintiff.
• Conversion refers to a defendant depriving a plaintiff of their personal
property without the plaintiff’s consent, and then using the plaintiff’s
property as his own.
 Writs
• A writ petition can be filed in the High Court (Article 226) or the Supreme
Court (Article 32) of India when any of your fundamental rights are violated.
• The Writs are issued by the Supreme Court under Article 32 and by the High
Courts under Article 226 of the Constitution of India.

Types of Writs:
• Writ of prohibition
• Writ of habeas corpus
• Writ of certiorari
• Writ of mandamus
• Writ of quo warranto
• habeas corpus
• If a person has been illegally detained, he himself, a friend or even a relative
can file a writ of Habeas Corpus
• Habeas Corpus is Latin for ‘Let us have the body’ (or, let us see the person who
has been illegally detained).
• Through Habeas Corpus, the court can thus also summon the person detained
or imprisoned to the court.

• Mandamus
• A writ of Mandamus is issued by a higher court to a lower court, tribunal or a
public authority to perform an act which such a lower court is bound to
perform.
• If a public official is not performing his duty, the court can order it or him/her
to do that.
• Mandamus means we command.
• Prohibition:
• A writ of prohibition, also known as a ‘stay order’, is issued to a
lower court or a body to stop acting beyond its powers.
• While a writ of mandamus is issued for any activity that is not
legal, the writ of petition is issued against the lower courts, such as
magistrates and commissions, for inactivity in the matter of
concern.
• The High Court and Supreme Court can issue the Writ of
Prohibition.
Certiorari
• Literally, Certiorari means to be certified. 
• The writ of certiorari can be issued by the Supreme Court or any High
Court for quashing the order already passed by an inferior court, tribunal
or quasi judicial authority.
• There are several conditions necessary for the issue of writ of certiorari .
• There should be court, tribunal or an officer having legal authority to determine the
question with a duty to act judicially.
• Such a court, tribunal or officer must have passed an order acting without
jurisdiction or in excess of the judicial authority vested by law in such court,
tribunal or officer.
• The order could also be against the principles of natural justice or the order could
contain an error of judgment in appreciating the facts of the case.
The Writ of Quo-Warranto
• The word Quo-Warranto literally means "by what warrants?" or
"what is your authority"?
• It is a writ issued with a view to restrain a person from holding a
public office to which he is not entitled.
• The writ requires the concerned person to explain to the Court by
what authority he holds the office.
• Thus High Court may issue a writ of quo-warranto if a person holds an
office beyond his retirement age.
 Type of Writ Meaning of the word Purpose of issue
To release a person who has been detained
You may have the
Habeas Corpus body unlawfully whether in prison or in private
custody.
To secure the performance of public duties by
Mandamus We Command lower court, tribunal or public authority.
To quash the order already passed by an
Certiorari To be certified inferior court, tribunal or quasi judicial
authority.
To prohibit an inferior court from continuing
Prohibition - the proceedings in a particular case where it
has no jurisdiction to try.

Quo Warranto What is your To restrain a person from holding a public

authority? office which he is not entitled.
 Indian Judicial System

• The three-tiered system of Indian judiciary comprises

• Supreme Court (New Delhi) at its helm;
• High Courts standing at the head of state judicial system;
• district and sessions courts in the judicial districts, into which
the states are divided.

• The lower rung of the system then comprises of courts

of civil (civil judges) & criminal (judicial/metropolitan
magistrates) jurisdiction.
 The Supreme Court
• On the 28th of January, 1950, the Supreme Court came into being.
• The Supreme Court of India comprises the Chief Justice and not more than 25
(30) other Judges appointed by the President of India.
• The proceedings of the Supreme Court are conducted in English only.
• The Registry of the Supreme Court is headed by the Registrar General.
• The Attorney General for India is appointed by the President of India under
Article 76 of the Constitution.
• The Attorney General of India is the highest law officer of the country. He is
responsible to assist the government in all its legal matters. 

• Mr. Justice Ranjan Gogoi – The Chief Justice of India

 The High Courts

• The High Courts are generally the last court of regular

appeal.
• Besides, for invoking writ jurisdiction, the High Courts
can be approached for enforcement of other rights.
• It has the power to supervise the subordinate courts
falling within its territorial jurisdiction.
• The High Courts also exercises original jurisdiction
under the Companies Act.
 The Subordinate Courts

• This subordinate Courts are:

• (a) District Courts, empowered to hear appeals from
courts of original civil jurisdiction besides having
original civil jurisdiction
• (b) Sessions Court is courts of criminal jurisdiction,
having the similar scope of powers.
• The courts of specific original jurisdiction are courts of
Civil Judges, of Judicial Magistrates; Small Causes courts
& Courts of Metropolitan Magistrates.
 Quasi - Judicial System

• A quasi-judicial body is an organization or

individual on which powers resembling a court of
law have been conferred.
• Such a body can adjudicate and decide upon a
situation and impose penalty upon the guilty or
regulate the conduct of an individual or entity.

• IAS, UPSC
Legal websites:
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