UNIT 1

Week-1

Business Law

Business law is also known as commercial law or corporate law. Business

law is defined as the body of legislation governing the rights,

relationships, and behavior of businesses and individuals engaged in

commerce, merchandising trade, and sales. It deals with both private

and public law issues and is sometimes seen as a branch of civil law.

Business law is a body of rules, regulations, and principles that governs

the activities of a business. It includes concepts such as an organization's

fiduciary duty to shareholders, the legal ways in which directors can be

held accountable for their actions, and what constitutes a breach of a

contract.

Business law provides the framework through which businesses are run.

The scope of business law can be found in international treaties and

domestic regulations. The United States is one of the few countries that

does not have any domestic regulation governing business law.

Business law, also known as commercial law or corporate law, is a

specialized area of legal practice that deals with the legal rules and
regulations governing businesses and commercial transactions. It

encompasses a wide range of legal principles, statutes, regulations, and

court decisions that impact various aspects of business operations and

commerce. Business law plays a fundamental role in ensuring that

businesses can operate efficiently and fairly within a legal framework.

Elements and Concepts of Business Law

1.Legal Entities: Business law defines different types of legal entities

through which businesses can operate, such as sole proprietorships,

partnerships, corporations, and limited liability companies (LLCs). Each

type has its own legal characteristics and implications.

2.Contracts: Contracts are fundamental to business transactions.

Business law governs the formation, interpretation, and enforcement of

contracts. It defines the essential elements of a valid contract, including

offer, acceptance, consideration, and legality.

3.Torts: Business law includes principles related to tort law, which deals

with civil wrongs and their legal remedies. This can include cases

involving negligence, product liability, and defamation, among others.

4.Property Law: Property rights are essential in business, and business

law addresses issues related to real property (land and buildings) and

personal property (assets like equipment, inventory, and intellectual

property).

5.Sales and Commercial Transactions: The Uniform Commercial Code

(UCC) is a set of laws that standardizes commercial transactions in the

United States. It covers aspects such as the sale of goods, warranties,

and negotiable instruments.

6.Corporate Governance: For businesses structured as corporations,

business law defines corporate governance principles. This includes the

roles and responsibilities of directors, officers, and shareholders, as well

as issues of transparency and accountability.

7.Intellectual Property: Business law safeguards intellectual property

rights, including patents, trademarks, copyrights, and trade secrets. It

provides mechanisms for protection and enforcement against

infringement.

8.Regulatory Compliance: Businesses must comply with various federal,

state, and local regulations. Business law helps companies understand

and adhere to regulatory requirements in areas such as employment,

environmental protection, consumer protection, and financial reporting.

9.Employment Law: Employment law governs the relationship between

employers and employees. It covers issues like wage and hour

regulations, workplace safety, anti-discrimination laws, and

employment contracts.

10.Consumer Protection: Consumer protection laws are designed to

safeguard the rights and interests of consumers. Business law ensures

that businesses do not engage in fraudulent or unfair practices when

dealing with consumers.

11.Bankruptcy and Insolvency: Business law also addresses issues

related to bankruptcy and insolvency, providing legal procedures for

businesses facing financial distress or seeking debt relief.

12.International Business Law: As businesses expand globally,

international business law becomes important. It includes treaties, trade

agreements, and regulations that govern cross-border commerce and

transactions.

13.Alternative Dispute Resolution: Business law often promotes

alternative dispute resolution methods like mediation and arbitration as

cost-effective and efficient ways to resolve disputes outside of

traditional litigation.
Importance of Business Law

1. Legal Agreements and Contracts

Legal contracts are necessary for a firm to operate smoothly. It’s critical

to respect legal restrictions. Professionals with a thorough

understanding of this subject assist the organization in drafting legal

agreements that are more useful and free from flaws. Every company

has an internal legal team, and by understanding this, one can join the

team.

2. Understanding of Business Rules

One can manage the business more effectively by avoiding unneeded

legal troubles by being aware of business laws and regulations. With this

understanding, it would be simpler to comprehend any organization’s

legal terms and conditions. A degree in business law will assist you in

running your company legally if you own your own business. With the

correct information, handling any legal scenario will also be simple.

3. Take Charge of Your Own

With an understanding of business law, you can manage your company

and develop ideas while staying within the law without constantly

communicating with the legal team. Developing better business

strategies, staff policies, and decision-making abilities is possible. Better

business and staff policies, financial strategies, and decision-making

abilities can all be developed. To manage its finances and position in the

market, a firm must make numerous legal judgments. This enables one

to make the best choices.

4. Compensation Concerns

It is crucial to manage various compensation concerns in an

organization. Companies can get assistance from a qualified business

attorney in resolving disputes relating to pay and salary administration.

The attorney has to take all reasonable steps to prevent any violations

of the compensation and benefits laws by the client. If there are any

differences, the results could be deadly.

5. Protect Shareholder Rights

When it comes to defending the rights of a company’s shareholders,

business law is essential. Its experts can handle conflicts involving

minority shareholders, constitutional provisions, arbitration

settlements, and other matters.

6. Business Formation
The law of business serves as the cornerstone for each enterprise.

Numerous legal procedures, leases, and permits are involved in starting

a business. A business law attorney is knowledgeable about all the

pertinent laws and can assist the company in successfully establishing

its operations.

Functions of Business Law

Business law serves several important functions within the business and

legal environment. These functions help regulate commercial activities,

protect the rights and interests of parties involved, and ensure a fair and

orderly business environment. Here are some key functions of business

law:

1.Legal Framework:

Business law provides the legal framework within which businesses

operate. It defines the rules, rights, and responsibilities of businesses,

individuals, and other entities engaged in commercial activities.

2.Regulation of Business Activities:

Business law regulates various aspects of business activities, including

formation, operation, management, and dissolution of businesses. It

ensures that businesses comply with applicable laws and regulations.

3.Contract Enforcement:

Business law governs the formation, interpretation, and enforcement of

contracts. It establishes the legal requirements for a valid contract, such

as offer, acceptance, consideration, and legality, and provides remedies

for breach of contract.

4.Protection of Property Rights:

Business law protects property rights by defining and regulating

ownership and transactions involving real and personal property. It

includes laws related to intellectual property, real estate, and personal

assets.

5.Consumer Protection:

Business law includes consumer protection regulations that safeguard

the rights and interests of consumers. It prevents fraudulent and

deceptive business practices and ensures product safety and fair pricing.

6.Competition and Antitrust:

Business law promotes fair competition by regulating anticompetitive

practices, preventing monopolies, and enforcing antitrust laws. This

helps maintain a level playing field in the marketplace.

7.Corporate Governance:

Business law establishes the rules and standards for corporate

governance, including the roles and responsibilities of directors, officers,

and shareholders. It promotes transparency, accountability, and ethical

conduct in corporations.

8.Employment and Labor Relations:

Business law governs the employer-employee relationship, covering

issues like employment contracts, workplace safety, minimum wage,

and anti-discrimination laws. It ensures fair and lawful treatment of

employees.

9.Bankruptcy and Insolvency:

Business law provides legal procedures for handling financial distress

and insolvency. It allows businesses to restructure or liquidate their

assets when facing financial difficulties while protecting the rights of

creditors.

10.Securities Regulation:

Business law regulates the issuance, trading, and reporting of securities,

such as stocks and bonds. It ensures transparency in financial markets

and safeguards the interests of investors.

11.International Trade and Commerce:

Business law includes international trade laws, treaties, and agreements

that facilitate cross-border trade and investment. It regulates

import/export activities, trade disputes, and foreign investments.

12.Alternative Dispute Resolution:

Business law promotes alternative dispute resolution methods like

mediation and arbitration as cost-effective and efficient ways to resolve

disputes outside of traditional litigation. This can help businesses save

time and money in resolving conflicts.

13.Environmental Regulation:

Business law includes environmental regulations that require businesses

to comply with laws related to environmental protection, pollution

control, and sustainable practices.

14.Taxation:

Business law addresses tax obligations for businesses, including income

tax, sales tax, and property tax. It establishes tax laws and regulations

and provides guidance on tax planning and compliance.

15.Ethical Standards:

While not explicitly a function, business law often aligns with ethical

standards by discouraging fraudulent or unethical behavior in business

operations. Compliance with legal requirements promotes ethical

conduct.

Business Environment

“The total of all things external to firms and industries which affect their

organization and operation”—Bayard O. Wheeler

According to Arthur M. Weimer, business environment encompasses

the ‘climate’ or set of conditions, economic, social, political or

institutional in which business operations are conducted.

Types of Environment

The business environment poses threats to a firm or offers immense

opportunities for potential market exploitation. The business is

determined by two factors namely:

1. Micro environment or internal factor or endogenous factor.

2. Macro environment or external factor or exogenous factor.

Micro Environment

Micro environment relates to internal matters of business such as:

• Structure of business

• Size of the business

• Policy relating to business

• Product produced

Macro Environment Or Business Environment Or External

Environment

• Demographic environment

• Economic environment

• Geographical and ecological environment

• Legal environment

• Technological environment

• Social environment

• Cultural environment

• Political environment
Demographic Environment

This refers to the size and behaviour of the population in a country.

Suppose a country has a huge size of population, then, the country

would provide extensive business or marketing opportunities for all

types of business organizations. On the other hand, a country with low

size of population would force the business organizations to seek

external market for their products or services. Similarly, if the population

in a country is well - tuned to ‘use and throw concept’ [like most of the

western countries] then there would be limited scope for repair shops.

The employment scope in that segment would be almost nothing. But

alternatively this would give wide marketing opportunities for

manufacturing organizations. On the other hand, if the population is

averse to ‘use and throw’ concept, then the business opportunities

would be limited for manufacturing organizations. But the repair shops,

self-employed technical persons and spares manufacturers, would have

roaring business. Hence, the size and quality of population emerge as

vital factors in a business environment.

Economic Environment

There is close relationship between business and its economic

environment. Business obtains all its needed inputs from the economic

environment and it absorbs the output of business units.

1. Fiscal policy

2. Monetary policy.

3. Foreign policy.

Geographical And Ecological Environment

Geographical environment refers to climatic conditions and natural

resources, which determines the manufacturing scope and the nature of

the products that could be marketed. For example, a country like kenya

has to manufacture more of products based on forest resources, while

the gulf countries can produce only crude, japan can have business on

fish, fruits, etc., Countries in the tropical region would produce products

from largely available geographical resources in that region,

organizations in mediterranean countries have a different business

scope, scandinavian countries have scope in dairy products and so on.

On the other hand, steps towards balanced eco- system are taking place

at an alarming rate in the world today. Deforestation and hunting of rare

species of animals for food have been prohibited. Hence, while

identifying the business opportunities, business organizations have to

be conscious of the limitations posed by the geographical and ecological

considerations.

Legal Environment

It is well known that every country has a number of legal regulations to

ensure that the interests of business organizations do not run counter

to national interests. Right from the stage of incorporation of

organizations, their listing in stock exchange, redress of customer

complaints, payment of tax to government, manufacturing practices,

human resources development to pricing of products and services, a

number of legal regulations have to be fulfilled. For example, in usa and

several western countries, consumer protection is very active, that even

a medical practitioner is subjected to huge liabilities in times of

deficiency in services. In india and other countries, very rigorous legal

provisions are in place to prevent hunting of rare species. Hence, any

organization, which manufactures products based on such species, have

to get legal sanctions. In case of failure to honour cheques issued,

organizations are now a days made to pay hefty compensations. Hence,

the deterrence in terms of legal provisions has become the order of the

day. All organizations have to first of all address these provisions

become coming in to steam.

Technological Environment

Technology is understood as the systematic application of scientific or

other organized knowledge to practical tasks. Technology changes fast

and to keep pace with it, businessmen should be ever alert to adopt

changed technology in their businesses.

Political Environment

It refers to the influence exerted by the three political institutions viz.,

Legislature, executive and the judiciary in shaping, directing, developing

and controlling business activities. A stable and dynamic political

environment is indispensable for business growth.

Natural Environment

Business, an economic pursuit of man, continues to be dictated by

nature. To what extend business depends on nature and what is the

relationship between the two constitute an interesting study.

Social And Cultural Environment

It refers to people’s attitude to work and wealth; role of family, marriage,

religion and education; ethical issues and social responsiveness of

business. According to geert hofstede, culture is “the collective

programming of the mind that distinguishes the members of one

category of people from those of another”.

Business Environmental Factors

Sl.No. Factors Components

1. Political Political System, Political Institutions,

Political Environment, Political Ideologies

Of Parties, Political Stability, Political

Culture Etc.

2. Government System Of Government Distribution Of

Environment, Power Between National

 And Local Government, Culture Of Civil

Servants, Government Policy On

Businesses, Etc.

3. Legal Business Related Laws Governing

Environment Competition, Consumer

Protection, Contractual Obligations,

Regulation Of Foreign Participation,

Respect For Judiciary Efficiency Of The

Same, Etc.

4. Economic Size Of The Economy Composition Of The

Environment, Economy, Economic Health,

Economic Policies – Fiscal Monetary And

Entrepreneurial Foreign Capital, Etc.

5. Technological Technological Orientations, Research

Environment Development, Technology

Import And Absorption, Technological

Obsolescence, Etc.
6. Ecological Natural Resources And Reserves Need For

Environment, Protection Of Fragile Zones,

Pollution Control Etc.

7. Geographical The Geo-Peculiarities Of A Region Like

Environment, The Terrain Vegetation

Cover Location Attitude, Rainfall, Climate

Etc.

8. Cultural Cultural Life Of People Rites, Rituals,

Environmental Festivals, Heritage Invasion

Of Alien Culture Business, Culture Roles,

Etc.

9. Social Social Practices, Social Classification

Environment Like Caste Religion And

Community, Social Institutions Like Family,

Marriage, Etc.

10. Demographic Size Of Population Composition Of

Environment, Population, Family Size And

Cycle Language Educational Attainments,

Entrepreneurial Talents, Etc

Week -2

Business Law in a Micro Business Environment

Business law in a micro business environment refers to the legal

regulations and principles that apply to small-scale or micro-sized

businesses. Micro businesses typically have fewer employees, lower

revenues, and simpler organizational structures compared to larger

enterprises. Here are some key aspects of business law that are

particularly relevant to micro businesses:

1. Business Structure: Micro businesses often operate as sole

proprietorships or partnerships. Business owners must

understand the legal requirements and implications of their

 chosen structure. This includes registration, tax obligations, and

personal liability.

2. Registration and Licensing: Depending on the jurisdiction and

type of business, micro businesses may need to register with local,

state, or national authorities. They may also require specific

licenses or permits to operate legally.

3. Contracts: Contracts are fundamental in business operations.

Micro businesses frequently enter into contracts with suppliers,

customers, and service providers. Understanding contract law and

ensuring that contracts are well-drafted and enforceable is crucial.

4. Employment Law: If micro businesses hire employees, they must

adhere to employment laws and regulations, including minimum

wage, overtime, workplace safety, and anti-discrimination laws.

Compliance with labor laws is essential to avoid legal issues and

penalties.
5. Taxation: Micro businesses are subject to various tax obligations,

including income tax, sales tax, and employment taxes.

Understanding tax laws and maintaining accurate financial records

is essential to meet tax requirements.

6. Intellectual Property: Micro businesses may have intellectual

property assets, such as trademarks, copyrights, or patents.

Protecting and enforcing intellectual property rights is important

for brand recognition and competitiveness.

7. Consumer Protection: Micro businesses that sell products or

services to consumers must comply with consumer protection

laws. These laws often govern advertising, warranties, and the

handling of customer complaints.

8. Contractor and Vendor Relationships: Many micro businesses

work with contractors, freelancers, or vendors. Establishing clear

agreements and understanding the legal aspects of these

 relationships, including payment terms and intellectual property

rights, is crucial.

9. Regulatory Compliance: Depending on the industry, micro

businesses may be subject to industry-specific regulations. For

example, food businesses may need to comply with health and

safety regulations, while financial services providers must follow

financial industry regulations.

10. Liability and Risk Management: Micro business owners

should consider liability protection through legal structures such

as limited liability companies (LLCs) or business insurance. This

helps shield personal assets from business-related liabilities.

11. Dispute Resolution: Micro businesses may encounter

disputes with customers, suppliers, or employees. Knowing how

to navigate dispute resolution processes, including negotiation,

mediation, arbitration, or litigation, is essential.

 12. Environmental Regulations: Depending on the nature of the

business, micro enterprises may need to adhere to environmental

regulations related to waste disposal, emissions, or resource

conservation.

13. Data Protection and Privacy: If a micro business collects or

stores customer or employee data, compliance with data

protection and privacy laws, such as the General Data Protection

Regulation (GDPR) in Europe or various state laws in the United

States, is critical.

Micro business owners should seek legal counsel or resources tailored

to small businesses to ensure compliance with relevant laws and

regulations. Failing to adhere to legal requirements can result in fines,

legal disputes, and reputational damage, which can be particularly

detrimental to small-scale enterprises.

Business Law in a Macro Business Environment

Business law in a macro business environment refers to the legal

regulations and principles that apply to large-scale or macro-sized

businesses. These businesses typically have extensive operations,

significant revenues, and complex organizational structures. Business

law in this context encompasses a wide range of legal considerations,

and here are key aspects relevant to the macro business environment:

1. Corporate Governance: Large businesses are often structured as

corporations. Corporate governance involves the rules and

practices that guide the decision-making processes within a

 company. This includes the roles and responsibilities of directors,

shareholders, and executives, as well as issues related to

transparency, accountability, and ethical conduct.

2. Regulatory Compliance: Macro businesses must adhere to a wide

array of regulations at the local, national, and international levels.

These regulations can cover areas such as environmental

compliance, financial reporting (e.g., Sarbanes-Oxley Act), and

industry-specific regulations (e.g., pharmaceutical or financial

services regulations).

3. Antitrust and Competition Law: Large businesses can face

antitrust and competition law concerns. These laws are designed

to prevent monopolies, price-fixing, and other practices that stifle

competition and harm consumers.

4. Employment and Labor Law: Macro businesses often have

extensive workforces, and they must comply with complex

 employment and labor laws, including wage and hour regulations,

workplace safety standards, collective bargaining agreements, and

anti-discrimination laws.

5. Intellectual Property: Intellectual property protection is crucial for

large businesses with valuable trademarks, patents, copyrights,

and trade secrets. These businesses need to enforce their

intellectual property rights and defend against infringement

claims.

6. Mergers and Acquisitions: Large companies may engage in

mergers and acquisitions (M&A) activities. Business law in this

context involves negotiating and structuring deals, conducting due

diligence, and ensuring compliance with antitrust and regulatory

requirements.

7. Securities Regulation: Publicly traded corporations must adhere

to securities regulations governing the issuance and trading of

 stocks and bonds. This includes disclosure requirements, insider

trading restrictions, and reporting obligations to regulatory bodies

like the Securities and Exchange Commission (SEC).

8. International Business and Trade Law: For macro businesses with

global operations, international trade laws, treaties, and

agreements come into play. This includes issues related to export

controls, tariffs, trade agreements, and international dispute

resolution.
9. Consumer Protection: Businesses that sell products or services to

consumers must navigate consumer protection laws, which

regulate advertising, warranties, product safety, and consumer

rights.

10. Environmental Compliance: Large enterprises often have

significant environmental responsibilities. They must comply with

 environmental laws related to pollution control, land use, resource

management, and sustainability.

11. Data Privacy and Cybersecurity: The handling of customer

and employee data is a major concern. Large businesses must

comply with data protection and privacy laws, implement robust

cybersecurity measures, and respond to data breaches.

12. Litigation and Dispute Resolution: Macro businesses may

face legal disputes, whether in contract disputes, product liability

claims, intellectual property disputes, or regulatory investigations.

Effective litigation management and dispute resolution strategies

are essential.

13. Taxation: Large corporations often have complex tax

obligations. They must navigate tax laws, regulations, and

international tax treaties to optimize their tax positions while

remaining compliant.
 14. Ethical and Corporate Social Responsibility (CSR): Ethical

considerations and CSR have become increasingly important for

large businesses. They must demonstrate responsible business

practices, sustainability efforts, and social responsibility to

stakeholders.

Given the complexity and scale of these legal considerations, macro

businesses typically have dedicated legal departments or engage

external law firms to ensure compliance and manage legal risks

effectively. Legal compliance and ethical business conduct are crucial

for maintaining a positive reputation and avoiding legal disputes that

could impact a macro business's operations and financial stability.

Benefits for businesses for adhering to laws

Adhering to laws and regulations offers several significant benefits to

businesses, both in the short term and long term. Compliance with legal

requirements is essential for maintaining a company's reputation,

reducing risks, and fostering a positive working environment. Here are

some key benefits for businesses that prioritize adherence to laws:

1. Legal Protection and Risk Mitigation:

Avoiding Legal Troubles: Compliance with laws helps businesses avoid

costly legal disputes, fines, and penalties.

Risk Reduction: It minimizes the risk of litigation, regulatory

investigations, and other legal challenges.

Liability Protection: Proper adherence can shield business owners and

executives from personal liability in certain cases, such as when

operating as a corporation or limited liability company (LLC).

2. Reputation and Trust:

Building Trust: Businesses that comply with laws and ethical standards

tend to build trust and credibility with customers, investors, and the

public.

Positive Brand Image: A reputation for legal and ethical conduct can

enhance a company's brand image, attracting loyal customers and

investors.

3. Operational Efficiency:

Streamlined Processes: Compliance often requires businesses to

establish standardized and efficient processes, which can lead to cost

savings and improved productivity.

Better Resource Allocation: Understanding and meeting legal

requirements allows for the efficient allocation of resources, reducing

waste and inefficiencies.

4.Market Access and Expansion:

Access to Markets: Compliance with international trade and regulatory

standards is often a prerequisite for entering global markets and

expanding business operations.

Competitive Advantage: Businesses that meet legal and regulatory

requirements can have a competitive advantage, especially when

competing for government contracts or in highly regulated industries.

5.Risk Management:

Improved Risk Assessment: Compliance programs often involve risk

assessments that help businesses identify and address potential

vulnerabilities.

Crisis Management: Being prepared for legal and regulatory challenges

through compliance can make it easier to navigate crises when they

arise.

6.Employee Morale and Productivity:

Safe and Inclusive Work Environment: Compliance with labor laws and

anti-discrimination regulations fosters a safe, inclusive, and respectful

workplace.

Employee Satisfaction: When employees see that their employer values

compliance and ethics, it can boost morale and job satisfaction, leading

to higher productivity and retention rates.

Financial Stability:
Investor Confidence: Compliance with financial reporting and disclosure

requirements instills confidence in investors and lenders, making it

easier to secure financing or attract investors.

Stable Operations: Legal compliance can contribute to financial stability

by avoiding disruptions caused by legal issues.

7.Long-Term Sustainability:

Sustainable Growth: A commitment to legal compliance aligns with the

principles of sustainability and responsible business practices, which can

lead to long-term growth and success.

Stakeholder Trust: A company that consistently adheres to laws and

regulations can earn the trust of stakeholders, including customers,

investors, employees, and communities, promoting long-term

partnerships and support.

8.Access to Government Benefits and Contracts:

Government Incentives: Some governments offer incentives, tax

benefits, or grants to businesses that adhere to specific legal

requirements, such as environmental regulations or diversity and

inclusion initiatives.
Contract Opportunities: Many government contracts and public

procurement opportunities require strict adherence to legal and ethical

standards.

Jurisprudence

Definition of Jurisprudence

The word ‘jurisprudence’ is the English derivation of the Latin word

‘jurisprudentia’. The translation of the word means the study,

knowledge or skill with regards to the law.

Romans liked to call jurisprudence as the observation of all things human,

combined with the knowledge of the just and unjust. Salmond defines it

as the science of the very first principles of civil law. It is also known as the

science or philosophy of positive law. There is no one correct definition

of jurisprudence, all of these are correct in their own regard.

Meaning of Jurisprudence

Jurisprudence or legal theory is the philosophy of law, i.e., the science

of law. It is the study of the theories and principles on which a legal

system is founded. Jurisprudence is the science. The term may also refer

to a department of law, as in ‘medical jurisprudence.’

There are several different types and schools of jurisprudence. Some

treat the subject like science or math. Others, however, take a different

approach.

“Jurisprudence or legal theory is the theoretical study of law, principally

by philosophers but, from the twentieth century, also by social

scientists.”

History of Jurisprudence

The history of jurisprudence, or the philosophy of law, is a rich and

complex journey that spans centuries and has been shaped by diverse

cultures, legal traditions, and philosophical perspectives. Here is a brief

overview of the history of jurisprudence:

1. Ancient Legal Philosophies: The foundations of jurisprudence can

be traced back to ancient civilizations. In Mesopotamia, the Code

of Hammurabi (circa 1754 BCE) is one of the earliest known legal

codes, containing principles of justice and legal consequences for

various actions. In ancient Greece, philosophers like Plato and

Aristotle explored questions of justice and the nature of law.

2. Roman Law: Roman law, particularly the works of jurists like Gaius

and Justinian's compilation of Roman laws (Justinian's Code, 6th

 century CE), had a profound influence on the development of

Western legal thought. Roman jurisprudence emphasized

principles like equity and natural law.

3. Medieval Jurisprudence: During the Middle Ages, Christian

theologians such as St. Augustine and St. Thomas Aquinas

integrated religious and moral principles into legal thought. The

concept of divine law and natural law played a significant role in

medieval jurisprudence.

4. Common Law and Equity: In England, the emergence of common

law and equity systems in the Middle Ages contributed to the

development of legal principles. Judges and legal scholars began

to rely on precedent and case law to interpret and apply laws

consistently.

5. Enlightenment Thinkers: The Enlightenment era in the 17th and

18th centuries saw the rise of philosophers like John Locke, Jean-
 Jacques Rousseau, and Immanuel Kant, who explored the

relationship between law, rights, and individual freedoms. They

laid the groundwork for modern legal and political thought.

6. Utilitarianism and Positivism: In the 19th century, legal

philosophers such as Jeremy Bentham and John Austin introduced

utilitarian and positivist perspectives on law. Bentham's

utilitarianism emphasized the greatest happiness for the greatest

number, while Austin's positivism stressed the authority of a

sovereign lawgiver.

7. Natural Law and Legal Realism: Legal realism, which emerged in

the late 19th and early 20th centuries, challenged the idea of an

objective, unchanging law. Legal realists like Oliver Wendell

Holmes Jr. and Roscoe Pound argued that law should be viewed

as a product of human decisions and social contexts. Meanwhile,

 natural law theorists continued to advocate for a moral foundation

of law.

8. Contemporary Jurisprudence: In the 20th and 21st centuries,

jurisprudence has continued to evolve with the contributions of

legal philosophers and theorists from various traditions and

schools of thought. Key figures include H.L.A. Hart, Ronald

Dworkin, Lon Fuller, and Martha Nussbaum. These thinkers have

debated topics such as legal positivism, the role of judges in

interpreting law, and the relationship between law and morality.

9. Global and Comparative Jurisprudence: As societies have become

more interconnected, there has been a growing interest in global

and comparative jurisprudence. Legal scholars examine how

different legal systems and cultures address common legal issues,

leading to a broader understanding of the diversity of legal

thought and practice.

Jurisprudence is an ongoing and dynamic field, continually influenced

by changing societal values, legal developments, and philosophical

inquiries. It remains central to understanding the nature of law, justice,

and the role of legal systems in contemporary society.

Jurisprudence

Jurisprudence is the study and philosophy of law. It encompasses the

examination of the fundamental principles, theories, and concepts that

underlie the legal systems in various societies. Jurisprudence seeks to

understand the nature of law, its origins, its purpose, and its ethical and

moral foundations.

Here are some key aspects and topics within jurisprudence:

1. Legal Philosophy: Jurisprudence delves into the philosophical

underpinnings of law. It explores questions about the nature of

justice, rights, and morality in the context of legal systems. Legal

philosophers consider whether law is based on objective moral

principles or whether it is a social construct.

2. Legal Systems: Different societies have distinct legal systems,

such as common law, civil law, religious law (e.g., Islamic law), and

customary law. Jurisprudence examines the characteristics and

principles of these systems, how they develop, and how they

function.

3. Legal Theory: Various theories of law are studied in jurisprudence.

These include legal positivism, which holds that law is based on

social conventions and authority, and natural law theory, which

argues that there are inherent moral principles that underpin all

laws.

4. Legal History: Jurisprudence explores the historical development

of legal systems and principles. Understanding how legal concepts

have evolved over time can provide insights into contemporary

legal issues.
5. Legal Ethics: Ethical considerations within the legal profession and

the broader legal system are a significant focus of jurisprudence.

This includes discussions about legal ethics, professional

responsibility, and the moral obligations of lawyers and judges.

6. Interpretation of Law: How laws are interpreted and applied is a

critical aspect of jurisprudence. Legal scholars and practitioners

examine methods of statutory and constitutional interpretation, as

well as the role of precedent (case law) in shaping legal decisions.

7. Jurisdiction and Legal Authority: Jurisprudence explores

questions related to the authority of legal systems, the legitimacy

of governments to make and enforce laws, and the concept of

jurisdiction – where and how legal rules apply.

8. Critical Legal Studies: Some branches of jurisprudence take a

critical approach, questioning the role of law in perpetuating social

 inequalities and examining how legal systems can be used to

achieve social justice.

9. Comparative Jurisprudence: This subfield involves comparing and

contrasting legal systems from different countries to understand

similarities, differences, and the global evolution of legal

principles.

10. Practical Application: Jurisprudence is not purely

theoretical; it also has practical applications. It can inform legal

reform, influence judicial decision-making, and guide legal

scholars, lawyers, and policymakers in understanding and shaping

the law.

Jurisprudence is a dynamic field that continues to evolve as societies

and legal systems change. It plays a crucial role in helping us

comprehend the complex and multifaceted nature of law, its impact on

individuals and societies, and its relationship with morality and justice.
Importance of the Study of Jurisprudence

The study of jurisprudence, or the philosophy of law, holds significant

importance for several reasons, as it provides essential insights into the

nature of law, its principles, and its role in society. Here are some key

reasons why the study of jurisprudence is important:

1. Understanding the Nature of Law: Jurisprudence seeks to answer

fundamental questions about the nature of law itself. It explores

 what law is, where it comes from, how it should be interpreted,

and what its purpose is. This understanding is essential for anyone

involved in the legal profession, as it forms the foundation for legal

analysis and reasoning.

2. Legal Interpretation and Application: Jurisprudence helps legal

professionals, including judges, lawyers, and legal scholars,

develop methods for interpreting and applying the law. Different

jurisprudential perspectives provide diverse approaches to

resolving legal disputes and crafting legal arguments.

3. Legal Ethics and Morality: Jurisprudence delves into the ethical

and moral dimensions of law. It explores questions about the

relationship between law and morality, the limits of legal authority,

and the moral obligations of legal professionals. This knowledge is

crucial for making ethical decisions within the legal system.

4. Legal Reform and Development: Jurisprudence informs

discussions about legal reform and development. By examining

the philosophical underpinnings of laws and legal systems,

scholars and policymakers can identify areas where legal changes

may be necessary to improve justice, fairness, and social

outcomes.

5. Protection of Rights and Freedoms: Jurisprudence plays a vital

role in safeguarding individual rights and freedoms. Legal scholars

and advocates use jurisprudential arguments to challenge unjust

laws, promote human rights, and advocate for legal reforms that

protect the dignity and autonomy of individuals.

6. Social Justice and Equality: Jurisprudence contributes to

discussions of social justice and equality under the law. It helps

address questions of fairness, discrimination, and the distribution

of resources and opportunities within society.

7. Interdisciplinary Insights: The study of jurisprudence often

intersects with other disciplines such as philosophy, sociology,

political science, and economics. This interdisciplinary approach

provides a broader perspective on the complex interplay between

law and society.

8. Global and Comparative Perspectives: Jurisprudence encourages

the exploration of legal systems and philosophies from different

cultures and regions. This comparative analysis fosters a deeper

appreciation of legal diversity and the potential for cross-cultural

legal insights.

9. Legal Education: Jurisprudence is an integral part of legal

education. It equips law students with critical thinking skills,

encourages them to engage in legal theory, and helps them

understand the underlying principles that shape the legal

landscape.
 10. Informed Citizenship: An understanding of jurisprudence

empowers citizens to engage in informed discussions about the

legal and ethical issues that impact society. It enables individuals

to participate in debates about the law's role in shaping public

policy.

We often call jurisprudence the grammar of the law. It will help a lawyer

the basic ideas and reasoning behind the written law. It helps them

better understand the fundamentals of the law and help them figure out

the actual rule of the law.

The lawyer and judges can use jurisprudence as a guide to correctly

interpret certain laws that require interpretation. The study of

jurisprudence does not serve only academic purposes. It will help

lawyers and other practitioners in the practical world as well.

It sharpens their legal knowledge. Also, it trains the mind to find

alternate routes and channels of thought in case of difficulty. The law

can mean more than one thing, and this exploration is a direct effect of

the study of jurisprudence.

Business Management Vs. Jurisprudence

Relationship between Business Management and Jurisprudence:

The relationship between business management and jurisprudence is

multifaceted:

1. Compliance and Legal Framework: Business managers must

operate within the bounds of the law. Jurisprudence helps them

understand the legal framework, ensuring that their business

 practices and decisions are compliant with relevant laws and

regulations.

2. Contracts and Agreements: In business, contracts and

agreements are essential. Jurisprudence provides insights into

contract law, which guides how agreements are formed,

interpreted, and enforced.

3. Ethical Considerations: Jurisprudence delves into the ethical

aspects of law. Business managers often face ethical dilemmas,

and a strong understanding of legal ethics can help them make

morally sound decisions.

4. Dispute Resolution: When conflicts arise in business,

understanding legal principles is crucial for effective dispute

resolution. Managers may need to engage with the legal system or

use alternative dispute resolution methods.

 5. Corporate Governance: Jurisprudence plays a role in shaping

corporate governance practices. Laws and legal theories influence

how companies are structured and governed.

6. Regulatory Compliance: In heavily regulated industries, business

managers must navigate complex regulatory environments.

Jurisprudence helps them understand the rationale behind

regulations and their legal obligations.

Week-3

Indian Legal System

Introduction

Law is a set of obligations and principles imposed by the government

for securing welfare and providing justice to society. India’s legal

framework reflects the social, political, economic, and cultural

components of society. The common law system garnered its roots

throughout the history of the legal system in India. The main sources of

law in India are the Constitution, statutes, customary law and the judicial

decisions of superior courts. The laws passed by parliament may apply

throughout all or a portion of India, whereas the laws passed by state

legislatures normally apply within the borders of the states concerned.

Evolution and History of Indian legal system

1. Ancient Period (Before 5th Century BCE):

• Dharmashastras: During this period, legal principles were

primarily derived from religious texts known as

Dharmashastras, which included Manusmriti and

Yajnavalkya Smriti. These texts provided guidelines for

personal conduct, morality, and social order.

• Local Customs: Local customs and traditions also played a

significant role in resolving disputes and maintaining social

order. Communities often followed customary laws and

norms.

2. Mauryan Empire (c. 322-185 BCE):

 • Arthashastra: Chanakya's "Arthashastra" is an ancient

treatise that discussed governance, administration, and legal

principles. It provided insights into early legal and

administrative practices.

3. Gupta Empire (c. 320-550 CE):

• Dharmasutras and Commentaries: Legal texts such as the

Narada Smriti and various commentaries on the

Dharmashastras further refined legal principles and provided

guidance on issues like property rights, marriage, and

inheritance.

4. Islamic Period (c. 12th-18th Century CE):

• Muslim Personal Law: With the advent of Islamic rulers in India,

Muslim personal law, based on Islamic jurisprudence (Sharia),

became applicable to the Muslim population. It governed matters

like marriage, divorce, and inheritance for Muslims.

 1.

• Mughal Administration: The Mughal Empire introduced

administrative and legal systems influenced by Islamic

principles. Emperor Akbar's "Ain-i-Akbari" provided insights

into Mughal legal practices.

2. Colonial Period (c. 17th-20th Century CE):

• British Colonial Rule: The British East India Company

established control over parts of India in the 17th century,

eventually leading to the colonization of the entire

subcontinent. British legal systems and principles were

introduced, including the establishment of the British East

India Company's courts.

• Regulations and Acts: The British enacted various

regulations and acts, such as the Regulating Act of 1773 and

the Indian Penal Code (IPC) in 1860, which had a profound

impact on India's legal system.

 • Codification of Laws: The British colonial administration

began to codify Indian laws, creating a legal framework that

incorporated elements of English common law and statutory

law. The IPC and the Code of Civil Procedure (CPC) were

notable legal codes introduced during this period.

3. Post-Independence (1947 Onward):

• Constitution of India: India gained independence from

British colonial rule in 1947. The Constitution of India,

adopted in 1950, became the supreme law of the land. It

provided a comprehensive framework for governance,

including fundamental rights, directive principles, and the

separation of powers among the executive, legislative, and

judicial branches.

• Legal Reforms: Post-independence India witnessed

significant legal reforms, including the establishment of the

 Supreme Court of India, High Courts, and various specialized

tribunals. Landmark legal decisions have shaped Indian

jurisprudence.

• Amendments and Legislation: The Constitution of India has

been amended numerous times to address evolving societal

needs and challenges. Additionally, various statutes and laws

have been enacted to regulate different aspects of Indian

society and economy.

• Adoption of International Conventions: India has adopted

international human rights conventions and treaties,

influencing its domestic legal framework and commitments.

The Indian legal system today is a blend of diverse legal traditions,

including customary laws, religious laws, common law principles, and

constitutional law. It reflects the country's rich historical and cultural

heritage while adapting to the demands of modern governance, justice,

and social change. The Indian legal system continues to evolve to

address contemporary challenges and meet the needs of its diverse

population.

Types of laws in the Indian legal system

The Indian legal system encompasses a wide range of laws and legal

principles that regulate various aspects of society and governance.

These laws are categorized into different types based on their nature,

scope, and purpose. Here are the primary types of laws in the Indian

legal system:

1. Constitutional Law:

• Constitutional law is the highest and most fundamental law

in India.

• It comprises the Constitution of India, which outlines the

structure of the government, the rights and duties of

citizens, and the principles of governance.

 • Constitutional law governs the relationships among the

executive, legislative, and judicial branches of government

and establishes the fundamental rights and duties of citizens.

2. Criminal Law:

• Criminal law deals with crimes, offenses, and penalties.

• The Indian Penal Code (IPC) is the primary criminal code in

India, defining various crimes and prescribing punishments

for offenders.

• Criminal law covers offenses against persons, property, the

state, and society, including murder, theft, fraud, and more.

• Criminal procedures are outlined in the Code of Criminal

Procedure (CrPC).

3. Civil Law:
 • Civil law addresses disputes between individuals,

organizations, or entities and provides remedies, typically in

the form of compensation or injunctions.

• Civil laws cover various areas, including contract law,

property law, family law, and tort law.

• The Code of Civil Procedure (CPC) governs civil litigation

and procedures.

4. Family Law:

• Family law pertains to matters related to marriage, divorce,

adoption, guardianship, and inheritance.

• Different personal laws apply to individuals based on their

religion, including Hindu, Muslim, Christian, and Parsi laws.

• The Hindu Marriage Act, Muslim Personal Law, and Special

Marriage Act are examples of family-related legislations.

5. Property Law:

• Property law governs the rights, interests, and transactions

involving real and personal property.

• Key property laws include the Transfer of Property Act and

the Registration Act, which regulate property transfers and

transactions.

6. Contract Law:

• Contract law deals with agreements and contracts between

individuals or entities.

• The Indian Contract Act defines the legal requirements for

forming valid contracts, including offer, acceptance,

consideration, and legality.

• It governs the enforceability of contracts and remedies for

breaches.
7. Corporate and Commercial Law:

• Corporate and commercial law regulates business and

commercial transactions.

• The Companies Act, Competition Act, and laws related to

intellectual property rights are examples of corporate and

commercial legislation.

• These laws cover corporate governance, mergers and

acquisitions, competition regulation, and intellectual

property protection.

8. Labor and Employment Law:

• Labor and employment laws govern the relationship

between employers and employees.

 • These laws include the Industrial Disputes Act, Minimum

Wages Act, and Employees' Provident Funds and

Miscellaneous Provisions Act.

• They address issues like employment contracts, workplace

conditions, labor disputes, and social security.

9. Environmental Law:

• Environmental laws focus on environmental protection,

conservation, and sustainable development.

• Legislation such as the Environment (Protection) Act and the

Water (Prevention and Control of Pollution) Act aim to

safeguard the environment and natural resources.

10. Taxation Law:

 • Taxation laws deal with various forms of taxation, including

income tax, goods and services tax (GST), and customs

duties.

• The Income Tax Act and the GST Act outline the legal

provisions for taxation in India.

11. Human Rights and Social Justice Law:

• Laws related to human rights and social justice are aimed at

protecting and promoting the rights and welfare of

individuals and marginalized groups.

• The Protection of Human Rights Act and various social

welfare legislations fall under this category.

12. International Law:

• International law governs India's relations with other

countries and international organizations.

 • Treaties, conventions, and international agreements guide

India's participation in global affairs.

These are some of the major types of laws within the Indian legal

system. Each type of law plays a crucial role in regulating different

aspects of Indian society, governance, and commerce, and they

collectively contribute to maintaining order, justice, and the rule of law

in the country.

Sources of Law

In legal systems around the world, laws are derived from various

sources. These sources help establish the framework for a legal system,

provide guidance for decision-making, and influence how disputes are

resolved. The sources of law can vary from one jurisdiction to another,

but some common sources include:

1. Constitution: The constitution is the highest and most

fundamental source of law in many countries, including the United

States and India. It establishes the structure of government,

 defines the rights and responsibilities of citizens, and often

includes principles that guide the legal system.

2. Legislation: Legislation, also known as statutory law, consists of

laws passed by legislative bodies such as parliaments or

congresses. These laws are written and codified and cover a wide

range of issues, from criminal offenses to tax regulations. Statutes

are considered primary sources of law.

3. Common Law: Common law is a system of law developed through

judicial decisions and precedents. It is particularly prominent in

countries with a legal tradition rooted in British common law, such

as the United Kingdom and the United States. Common law

principles are established through court rulings and legal

precedents and play a significant role in shaping the law.

4. Administrative Regulations: Administrative agencies, such as

government departments and regulatory bodies, create

regulations to implement and enforce statutes. These regulations

have the force of law within their specific areas of authority.

Administrative law governs the activities and decisions of these

agencies.

5. Case Law: Case law, also known as judicial decisions or court

precedents, refers to the rulings and interpretations of courts in

specific legal cases. Judges often consider prior decisions when

deciding similar cases, creating a body of legal principles that

influence future cases.

6. Treaties and International Agreements: In the realm of

international law, treaties and agreements between countries are

primary sources of legal obligations. These international

 instruments cover a wide range of issues, including trade, human

rights, and environmental protection.

7. Customary Law: Customary law is a source of law in societies

where traditional practices and customs hold legal authority.

Customary law is often unwritten but is recognized and respected

within specific cultural or ethnic communities.

8. Religious Texts: In some jurisdictions, religious texts or religious

law play a significant role in shaping the legal system. For example,

Islamic law (Sharia) is a source of law in countries with a Muslim-

majority population.

9. Legal Treatises and Commentaries: Legal treatises and

commentaries written by legal scholars and experts provide

insights into legal principles, interpretations, and debates. While

 not binding law, these writings can influence legal thinking and

decisions.

10. Legal Doctrine and Jurisprudence: Legal doctrine and

jurisprudence refer to academic writings, legal theories, and

scholarly interpretations of law. These sources can help clarify

legal concepts and guide legal practitioners and judges in their

work.

11. Precedent: In common law systems, the principle of stare

decisis (precedent) ensures that decisions made by higher courts

serve as binding authority for lower courts in similar cases.

Precedent contributes to the consistency and predictability of the

legal system.

12. Customary International Law: In international law,

customary international law arises from the consistent and general

 practice of states followed by a belief that such practice is legally

required (opinio juris). Customary international law is a primary

source of international legal obligations.

These sources of law are interrelated and often work in conjunction to

form a comprehensive legal framework. Legal systems may prioritize

some sources over others, depending on their legal traditions, history,

and constitutional arrangements. Understanding these sources is

essential for legal practitioners, scholars, and citizens to navigate and

engage with the legal system effectively.

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law,

settles disputes and administers justice to all citizens. The judiciary is

considered the watchdog of democracy, and also the guardian of the

Constitution. For democracy to function effectively, it is imperative to

have an impartial and independent judiciary.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in India has a

pyramidal structure with the Supreme Court (SC) at the top. High Courts

are below the SC, and below them are the district and subordinate

courts. The lower courts function under the direct superintendence of

the higher courts.

The diagram below gives the structure and organisation of the judicial

system in the country.

Functions of Indian Judiciary

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to

apply the law to specific cases or in settling disputes. When a

dispute is brought before the courts it ‘determines the facts’

involved through evidence presented by the contestants. The law

then proceeds to decide what law is applicable to the case and

applies it. If someone is found guilty of violating the law in the

course of the trial, the court will impose a penalty on the guilty

person.

2. Creation of judge-case law: In many cases, the judges are not able

to, or find it difficult to select the appropriate law for application.

In such cases, the judges decide what the appropriate law is on the

basis of their wisdom and common sense. In doing so, judges have

built up a great body of ‘judge-made law’ or ‘case law.’ As per the

doctrine of ‘stare decisis’, the previous decisions of judges are

generally regarded as binding on later judges in similar cases.

3. Guardian of the Constitution: The highest court in India, the SC,

acts as the guardian of the Constitution. The conflicts of

jurisdiction between the central government and the state

governments or between the legislature and the executive are

decided by the court. Any law or executive order which violates

any provision of the constitution is declared unconstitutional or

null and void by the judiciary. This is called ‘judicial

review.’ Judicial review has the merit of guaranteeing the

fundamental rights of individuals and ensuring a balance between

the union and the units in a federal state.

4. Protector of Fundamental Rights: The judiciary ensures that

people’s rights are not trampled upon by the State or any other

agency. The superior courts enforce Fundamental Rights by

issuing writs.
5. Supervisory functions: The higher courts also perform the

function of supervising the subordinate courts in India.

6. Advisory functions: The SC in India performs an advisory function

as well. It can give its advisory opinions on constitutional

questions. This is done in the absence of disputes and when the

executive so desires.

7. Administrative functions: Some functions of the courts are non-

judicial or administrative in nature. The courts may grant certain

licenses, administer the estates (property) of deceased persons

and appoint receivers. They register marriages, appoint guardians

of minor children and lunatics.

8. Special role in a federation: In a federal system like India’s, the

judiciary also performs the important task of settling disputes

between the centre and states. It also acts as an arbiter of disputes

between states.
 9. Conducting judicial enquiries: Judges normally are called to head

commissions that enquire into cases of errors or omissions on the

part of public servants.

Powers of Courts

Powers of Supreme Court

• The most important power of a Supreme Court judge is the power

of judicial review. This means that a statute or governmental

action can be declared unconstitutional by the Supreme Court. In

the 1803 case Marbury v. Madison, this power was established.

• Another important power of the Supreme Court is the power to

issue a writ of habeas corpus. A writ of habeas corpus is a court

order that requires a person who is being held in custody to be

brought before a judge. This power ensures that people are not

illegally detained by the government.

 • The Supreme Court also has the power to decide cases that

involve disputes between two or more states. This is known as the

court’s original jurisdiction.

Finally, the Supreme Court has the power to decide which cases it will

hear. This is known as the court’s discretionary power. The Supreme

Court usually hears cases that involve important constitutional

questions or that have been appealed from lower courts.

Powers of High Court

Apart from the above, the High Courts have several functions and

powers which are described below.

As a Court of Record

• High Courts are also Courts of Record (like the Supreme Court).

• The records of the judgements of the High Courts can be used by

subordinate courts for deciding cases.

• All High Courts have the power to punish all cases of contempt by

any person or institution.

 Power of Judicial Review

• High Courts have the power of judicial review. They have the

power to declare any law or ordinance unconstitutional if it is

found to be against the Indian Constitution.

Power of Certification

• A High Court alone can certify the cases fit for appeal before the

Supreme Court.

Administrative Powers

1. It superintends and controls all the subordinate courts.

2. It can ask for details of proceedings from subordinate courts.

3. It issues rules regarding the working of the subordinate courts.

4. It can transfer any case from one court to another and can also

transfer the case to itself and decide the same.

 5. It can enquire into the records or other connected documents of

any subordinate court.

6. It can appoint its administration staff and determine their salaries

and allowances, and conditions of service.

Powers of District Courts

• The District Courts in India are local courts of the State

Government in India.

• District courts are given the autonomy to make provisions or

settle disputes

• These courts handle cases that are raised in one or more districts

in the respective states.

• The District Courts in India are given the authority to administer

justice, law, and order at the district level.

• These courts consider the appeals on several decisions and

provisions that are given by the Lower Courts.

 • They involve serious criminal cases or offences.

• These courts are accountable to the High Courts of the respective

States.

RIGHT TO INFORMATION ACT 2005

Objective: To promote transparency and accountability in the working

of every public authority

Enacted by : Parliament of India

Enacted : 15 June 2005

Assented to : 22 June 2005

Commenced : 13 October 2005

Extent : Whole of India

Index of RTI, 2005

Section Content / Description

1 Short title, extent and Commencement

2 Definitions
3 Right to Information

4 Obligations of Public Authorities

5 Designation of Public Information

6 Request for Obtaining Information

7 Disposal of Request

8 Exemption from Disclosure of Information

9 Grounds for Rejection

10 Severability

11 Third Party Information

12 Constitution of Central Information Commission

13 Terms of Office and Conditions of Service

14 Removal of Chief Information Commissioner or Information

Commissioner

15 Constitution of State Information Commission

16 Terms of Office and Conditions of Service

17 Removal of State Chief Information Commissioner or State

Information Commissioner

18 Powers and Functions of Information Commissions

19 Appeal

20 Penalties

21 Protection of action taken in good faith

22 Act to have overriding effect

23 Bar of jurisdiction of courts

24 Act not to apply to certain organizations

25 Monitoring and reporting

26 Appropriate Government to prepare programs

27 Power to make rules by appropriate Government

28 Power to make rules by competent authority

29 Laying of rules in Parliament or State Legislature

30 Power to remove difficulties

 31 Repeal of previous act

Important Definitions

Information u/s 2(f)

"information" means any material in any form, including records,

documents, memos, e-mails, opinions, advices, press releases, circulars,

orders, logbooks, contracts, reports, papers, samples, models, data

material held in any electronic form and information relating to any

private body which can be accessed by a public authority under any

other law for the time being in force

Public Authority u/s 2(h)

"public authority" means any authority or body or institution established

or constituted--

(a) by or under the Constitution or

(b) by law made by Parliament / State Legislature;

and includes any - body, non-Government organization, owned,

controlled or substantially financed either directly or indirectly by funds

provided by the Central / State Government.

Record u/s 2(i)

"record" includes--

(a) any document, manuscript and file;

(b) any microfilm, microfiche and facsimile copy of a document;

(c) any reproduction of image or images embodied in such microfilm

(whether enlarged or not); and

(d) any other material produced by a computer or any other device;

Right to Information u/s 2(j)

"right to information" means the right to information accessible under

this Act which is held by or under the control of any public authority and

includes the right to--

(i) inspection of work, documents, records;

(ii) taking notes, extracts or certified copies of documents or records;

(iii) taking certified samples of material;

(iv) Obtaining information in the form of diskettes, floppies, tapes, video

cassettes or in any other electronic mode or through printouts where

such information is stored in a computer or in any other device.

Third Party u/s 2(n)

"third party" means a person other than the citizen making a request for

information and includes a public authority

Provisions of RTI Act relating to

Obligations of Public Authorities u/s 4

Every public authority shall--

• Maintain all its records duly catalogued and ensure that all records

that are appropriate to be computerized are, within a reasonable

time and subject to availability of resources, computerized and

connected through a network all over the country on different

systems so that access to such records is facilitated

• Publish within one 120 days from the enactment of this Act,--

• the particulars of its organization, functions and duties;

• the powers and duties of its officers and employees;

• the procedure followed in the decision making process

• the rules, regulations, instructions, manuals and records,

held by it

• a statement of the categories of documents that are under

its control;

• a statement of the boards, councils, committees and other

bodies constituted as its part or for the purpose of its

advice

• a directory of its officers and employees;

• the monthly remuneration received by each of its officers

and employees

• the particulars of facilities available to citizens for obtaining

information, including the working hours of a library or

reading room, if maintained for public use;

 • the names, designations and other particulars of the Public

Information Officers and thereafter update these

publications every year

Request for Obtaining Information u/s 6

• A person, who desires to obtain any information under this Act,

shall make a request in writing or through electronic means in

English or Hindi or in the official language accompanying fee as

may be prescribed, to the Central / State Public Information

Officer (PIO) specifying the particulars of the information sought

• Where such request cannot be made in writing, the PIO shall

provide all reasonable assistance to the person making the request

orally to reduce the same in writing.

• An applicant making request for information shall not be required

to give any reason for requesting the information or any other

personal details except those that may be necessary for contacting

him.
Grounds for Rejection u/s 9

• The PIO may reject a request for information if it would involve an

infringement of copyright.

• Where a request has been rejected the PIO shall communicate to

the person making the request,--

• the reasons for such rejection;

• the period within which an appeal against such rejection

may be preferred; and

• the particulars of the appellate authority.

Disposal of Request u/s 7

• The PIO on receipt of a request shall, within 30 days of the

request, either provide the information or reject the request.

• Where the information concerns the life or liberty of a person, the

same shall be provided within forty-eight hours of the receipt of

the request.
 • If the PIO fails to give decision on the request for information

within the period specified under the act the PIO shall be deemed

to have refused the request.

• Where access to the record is required to be provided to a person

who is sensorily disabled, the PIO shall provide assistance to

enable access to the information.

• The information shall be provided free of charge where a public

authority fails to comply with the time limits specified under the

act

Exemption from Disclosure of Information u/s 8

There shall be no obligation to give any citizen,--

• Information affect the sovereignty and integrity of India.

• information which has been expressly forbidden to be published

by any court of law

• information including commercial confidence, trade secrets or

intellectual property, the disclosure of which would harm the

competitive position of a third party

• information received in confidence from foreign Government;

• information which would endanger the life or physical safety of

any person

• information which would impede the process of investigation or

apprehension or prosecution of offenders

• cabinet papers including records of deliberations of the Council of

Ministers, Secretaries and other officers

• information which relates to personal information which would

cause unwarranted invasion of the privacy of the individual

• anything prohibited under the Official Secrets Act, 1923

 • information relating to any occurrence, event or matter which has

taken place, occurred or happened twenty years before the date

on which any request is made

Severability u/s 10

• Where a request for access to information is rejected on the

ground that it is in relation to information which is exempt from

disclosure, then, access may be provided to that part of the record

which does not contain any information which is exempt from

disclosure under this Act.

• Where access is granted to a part of the record under the PIO shall

give a notice to the applicant, informing--

• that only part of the record requested, after severance is

being provided;

• the reasons for the decision

• the name and designation of the person giving the decision;

 • the details of the fees which the applicant is required to

deposit; and

• his or her rights with respect to review of the decision

regarding non-disclosure of part of the information time

limit, process and any other form of access.

Third party Information u/s 11

• Where a PIO intends to disclose any information which relates to

or has been supplied by a third party and has been treated as

confidential by that third party, the PIO shall, within five days from

the receipt of the request, give a written notice to such third party

of the request and his intention to disclose the information and

invite the third party to make a submission in writing or orally,

regarding whether the information should be disclosed, and such

submission of the third party shall be kept in view while taking a

decision about disclosure of information

 • Except in the case of trade or commercial secrets protected by

law, disclosure may be allowed if the public interest in disclosure

outweighs in importance any possible harm or injury to the

interests of such third party.

Act not to apply to certain organizations u/s 24

• This Act shall not apply to the intelligence and security

organizations established by the Central Government or any

information furnished by such organizations to that Government

• The information pertaining to the allegations of corruption and

human rights violations shall not be excluded under this sub-

section

• In the case of information sought for is in respect of allegations of

violation of human rights, the information shall only be provided

within 45 days but only after the approval of the Central

Information Commission

Penalty u/s 20
Where the Central / State Information Commission, at the time of

deciding any complaint or appeal is of the opinion that the PIO has,

without any reasonable cause, refused to receive an application for

information or has not furnished information within the time specified

or malafidely denied or knowingly given incorrect, incomplete or

misleading information or destroyed information or obstructed in any

manner in furnishing the information, it shall impose a penalty of 250

rupees for each day till information is furnished, however, the total

amount of such penalty shall not exceed 25000 rupees.