Indian

Regulatory
Framework
Charts

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 What is Law? The Process of making Law:-
Introduction:
Law is a set of obligations and
Awareness of law is essential When a law is proposed in parliament
duties imposed by the
to become a full-fledged it is called a Bill.
government for securing welfare
Chartered Accountant. This
and providing justice to society.
is because a Chartered After discussion and debate, the law
India’s legal framework reflects
Accountant is the first level is passed in Lok Sabha
the social, political, economic,
of contact on many legal
and cultural aspects of our vast
matters. So, we should
and diversified country. Thereafter, it has to be passed in
possess knowledge of law so
Rajya Sabha.
that we can advise our
Sources of Law:-
management and clients on
The main sources of law in India It then has to obtain the assent of
legal matters at a basic or
are the President of India.
threshold level.
✓ Constitution,
The purpose of a regulatory
✓ the statutes or laws made by Finally, the law will be notified by the
framework is to provide a set
Parliament and State Government in the publication called
of uniform rules and
Assemblies, the Official Gazette of India. The law
regulations that will govern
✓ Precedents or the Judicial will become applicable from the date
the conduct of people
Decisions of various Courts mentioned in the notification as the
interacting with each other
and in some cases, effective date. Once it is notified and
in personal as well as
established Customs and effective, it is called an Act of
business relationships.
Usages. Parliament.
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00
Criminal law Types of laws in Indian Legal System Common Law:
Criminal law is concerned
with laws pertaining to
E
A judicial precedent or a case law is
common law. A judgment delivered
Civil Law
violations of the rule of Matters of disputes between by the Supreme Court will be binding
law or public wrongs and individuals or organisations are dealt upon the courts within the territory
punishment of the same. with under Civil Law. Civil courts of India under Article 141 of the
Criminal Law is governed enforce the violation of certain rights Indian Constitution. The doctrine of
under the Indian Penal and obligations through the institution Stare Decisis is the principle
Code, 1860, and the Code of a civil suit. Civil law primarily supporting common law. It is a Latin
of Criminal Procedure, focuses on dispute resolution rather phrase that means “to stand by that
1973 (Crpc). The Indian than punishment. which is decided.” The doctrine of
Penal Code, 1860, defines The act of process and the Stare Decisis reinforces the
the crime, its nature, and administration of civil law are governed obligation of courts to follow the
punishments whereas the by the Code of Civil Procedure, 1908 same principle or judgement
Criminal Procedure Code, (CPC). Civil law can be further established by previous decisions
1973, defines exhaustive classified into Law of Contract, Family while ruling a case where the facts
procedure for executing Law, Property Law, and Law of Tort. are similar or “on all four legs” with
the punishments of the Some examples of civil offences are the earlier decision.
crimes. breach of contract, non-delivery of
Murder, rape, theft, goods, non-payment of dues to lender Principles of Natural Justice:
fraud, cheating and or seller defamation, breach of Natural justice, often known as Jus
assault are some examples contract, and disputes between Natural deals with certain
of criminal offences under landlord and tenant. fundamental principles of justice
the law. Order Hard Copy ( Color Book ) from igsir.in going beyond written law. 141
Structure of Indian Judicial System:- When there is a dispute between citizens or between citizens and the
Government, these disputes are resolved by the judiciary.
The functions of judiciary system of India are: Regulation of the interpretation of the Acts and Codes,
Dispute Resolution, Promotion of fairness among the citizens of the land.

In the hierarchy of courts, the Supreme Court is at the top, followed by the High Courts and District Courts.
1. Supreme Court: The Supreme Court is the apex body of the judiciary. It was established on 26th
January, 1950. The Chief Justice of India is the highest authority appointed under Article 126. The
principal bench of the Supreme Court consists of seven members including the Chief Justice of India. An
individual can seek relief in the Supreme Court by filing a writ petition under Article 32.
2. High Court: The highest court of appeal in each state and union territory is the High Court. In India,
there are twenty-five High Courts, one for each state and union territory, and one for each state and
union territory. An individual can seek remedies against violation of fundamental rights in High Court by
filing a writ under Article 226.
3. District Court:-The Courts of District Judge deal with Civil law matters i.e. contractual disputes and
claims for damages , etc. The Courts of Sessions deals with Criminal matters. Jurisdiction means the
power to control. Courts get territorial Jurisdiction based on the areas covered by them. Cases are
decided based on the local limits within which the parties reside or the property under dispute is
situated.
4. Metropolitan Courts:-Metropolitan courts are established in metropolitan cities in consultation with the
High Court where the population is ten lakh or more. Chief Metropolitan Magistrate has powers as Chief
Judicial Magistrate and Metropolitan Magistrate has powers as the Court of a Magistrate of the first
class.
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Structure of Indian Judicial System:- When there is a dispute between citizens or between citizens and the
Government, these disputes are resolved by the judiciary.
The functions of judiciary system of India are: Regulation of the interpretation of the Acts and Codes,
Dispute Resolution, Promotion of fairness among the citizens of the land.

In the hierarchy of courts, the Supreme Court is at the top, followed by the High Courts and District Courts.
1. Supreme Court: The Supreme Court is the apex body of the judiciary. It was established on 26th
January, 1950. The Chief Justice of India is the highest authority appointed under Article 126. The
principal bench of the Supreme Court consists of seven members including the Chief Justice of India. An
individual can seek relief in the Supreme Court by filing a writ petition under Article 32.
2. High Court: The highest court of appeal in each state and union territory is the High Court. In India,
there are twenty-five High Courts, one for each state and union territory, and one for each state and
union territory. An individual can seek remedies against violation of fundamental rights in High Court by
filing a writ under Article 226.
3. District Court:-The Courts of District Judge deal with Civil law matters i.e. contractual disputes and
claims for damages , etc. The Courts of Sessions deals with Criminal matters. Jurisdiction means the
power to control. Courts get territorial Jurisdiction based on the areas covered by them. Cases are
decided based on the local limits within which the parties reside or the property under dispute is
situated.
4. Metropolitan Courts:-Metropolitan courts are established in metropolitan cities in consultation with the
High Court where the population is ten lakh or more. Chief Metropolitan Magistrate has powers as Chief
Judicial Magistrate and Metropolitan Magistrate has powers as the Court of a Magistrate of the first
class.
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