Vidhi_bodh !!

"Legislation performs the essential function of law making." The Bills introduced in, and passed by the Parliament are of two types : Ordinary or non-money bills and Money Bills. Ordinary Bills are those Bills which deal with any maptter other than the financial subjects. They can be introduced in either house of the legislature. Money Bills are those which consist of provisions dealing with the imposition of or alteration of taxes and financial matters. The Money Bills are to be introduced only in the Lok Sabha, the Lower House. Ordinary bills are again divided into Public Bills and Private Bills. Bills introduced by Ministers are known as Public Bills. On the other hand, Bills introduced by private members are known as Private Bills. All the Bills have to pass through the following stages in each House. Introduction The draft of the proposed Bill with text, objects or reasons has to be sent to the Secretariat of the House. The Speaker of the Lok Sabha

"The legislative function is the great and overruling power in every free government."        Evolution of Legislature C.F. Strong says, "The legislature is that department of Government concerned with the making of laws, in so far as the law requires statutory force." Logically, law making Precedes its execution, and therefore the legislature is, at first sight, of greater importance than the executive which administers the law or the judiciary which punishes its transgressors. But, this is not always the case, since, as we will see later, the powers of the legislature to control the other two departments vary. None the less, we may agree with the American Authority who has described the legislature function as the great and overruling power in every free government." The State is a politically organised society and government is its machinery. A modern government has three branches—legislature, executive and judiciary. Among the three bran

"A strong executive is highly essential for the safety, protection of property and security of  liberty." Meaning of the term -'Executive' Among the three organs of the government, the executive is regarded as the most important one. The term refers to that branch of government which executes or enforces or carries out the will of the State as expressed by the legislature and the constituent the State assembly and as interpreted by the Courts. A strong executive is highly essential for the safety, protection of property and security of liberty. The executive is the 'mainspring of government'. So a nation can get on without a functioning legislature and even without an independent judiciary but, when the executive breaks down, the entire government collapses. In a narrow and restricted sense, the term 'executive' includes the head of the State, his ministers, advisers and departmental heads. In a broad sense, the executive emb

"There is no better test of the excellence of a government than the efficiency of its judicial system."                                -(Lord Bryce) Meaning and Role of Judiciary The judiciary is the third branch of government along with he legislature and the executive. The term 'judiciary' is used to t designate those officers of government whose function is to apply the existing law to individual cases by keeping in view standards of fairness' and reasonableness' while applying the laws to individual cases. Lord Bryce says that there is "no better test of the excellence of a government than the efficiency of its judicial system." The judiciary has been rightly called, "The shield of innocence and safeguardian of civil right." The laws are the basis for bringing order in society by means of the judiciary. The judicial process helps the process of legitimacy of the State. The judiciary is the main pillar of democra

"The accumulation of all powers, legislative, executive and judicial, in the same hands may justly be pronounced the very definition of tyranny." Introduction: Government is the agency or the machinery through which the will of the State is formulated, expressed and realised. Power rests with the government. Power corrupts and absolute. This is applicable not only to men, but also to institutions. This is true for all times and for all ages. Concentration of authority degenerates into tyranny, corruption and abuse of powers. The functions of the State for all practical purposes are performed by the government through its three branches—legislature, executive and judiciary. All the branches of the government are of equal importance and function. So one should not override or control the other. Each branch of the government should be made independent of the other. Aristotle in his book "Politics" mentioned three branches of the government, namel

   "Law is the rule whereby the invisible borderline is fixed within which the being and activity of each individual obtains a secure and free space."                                                  -(Savigny) Holland's Classification Holland divided law into Municipal Law and International aw. Municipal Law is the law applicable to individuals and groups thin the State. International law deals with the conduct of the tate towards another State. The Municipal law has been further sub-divided into public law and private law. Private law regulates the relation of the State and the individual. Under public law the state is one of the parties to the right created by the law. Salmond's Classification Salmond has classified law in its widest sense as follows :— (1) Imperative law.— Imperative law means any positive law or rules of conduct or behaviour imposed by any ruler, legislature, State, institution or body of person. If a person

"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right;not asked as a favor."            -(Theodore Roosevelt)                               Law is the result of development and a product of history Several factors have contributed to the development of law. These factors are regarded as the source of law. The sources of law are customs, religion, judicial decisions, scientific commentaries, equity and legislature. (1) Custom or usage.— Custom is to society, what law is to the State. Custom is the earliest source of law. Salmond says, "Custom is the embodiment of those principles which have commended themselves to the national conscience as principles of justice and public utility".  Customs or usages are those practices followed repeatedly by people, generation after generation for the sake of their convenience. A custom is formed in muc

"The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom."                                    -(John Locke) INTRODUCTION- The concept of law occupies a significant place of political theory. Law is closely associated with State that State without law is anarchic and law without State is meaningless. Law not only prescribes the rules of behaviour for citizens in the State but also provides a social order without which no civilisation and economic development is possible.  EVOLUTION OR DEVELOPMENT OF LAW- Based on "the twelve conceptions of what law is" of Roscoe Pound, we can see the evolution or development of law as follows :— • Firstly, law is considered as the idea of divinely ordained rule or set of rules for human action, as for example, the Mosaic law or Hammurapi's Code, handed him ready made by the Sun God, or Ma

"Without law men are beasts."                 -( MAXWELL ANDERSON ) Contents- 1. Meaning of law 2. Definition of law 1) In its widest sense 2) In concrete sense (i) Idealistic definition (ii) Positivistic definition (iii) Historical definition (iv) Sociological definition (v) Realist definition 3. Nature or characteristics of law Meaning of Law : Men live in society. They differ in their ideas, aims and ideals. Since, there must be some 'uniform rules' to control their activities. These uniform rules which regulate human behaviour are called laws. Law not only prescribes the rules of behaviour for citizens in the State but also provides a social order without which no civilisation and economic development is possible.  The word 'law' is derived from an old Teutonic root 'lag' which means something which lies fixed or evenly. The word 'law' is also associated with the Latin word 'jus' which again is associated