Table of Contents
📌 Understanding Laws in India – A Complete UPSC Guide
India’s legal system is an intricate blend of constitutional mandates, statutory enactments, delegated legislation, and judicial pronouncements. To crack the UPSC exam or understand governance, knowing the structure and types of laws is essential.
🏛️ What Is Law?
Law refers to a set of rules that govern human behavior and ensure social order. These rules may be:
- Written (enacted by Parliament or State Legislature), or
- Unwritten (customs and judicial decisions)
⚖️ Types of Legal Instruments:
| Term | Meaning | Example |
|---|---|---|
| Law | Rules enacted by legislative bodies with legal force | Citizenship Amendment Act, 2019 |
| Constitution | Supreme law defining state structure, power, and citizen rights | Constitution of India (1950) |
| Ordinance | Temporary law by President/Governor when legislature isn’t in session, requires legislative approval within 6 weeks after 1 session. | J&K Reorganisation (Amendment) Ordinance, 2023 |
| Bylaws | Local rules framed by municipal or local bodies | Municipal building codes |
| Rules | Executive-made instructions to operationalize/implement laws | Passport Rules |
| Regulations | Technical guidelines issued by regulators | SEBI listing obligations |
📜 Types of Laws and Acts in India
1️⃣ Constitutional Law
- Source: The Constitution of India (1950)
- Key Aspects:
- Fundamental Rights (Part III)
- Directive Principles of State Policy (Part IV)
- Federal structure and separation of powers
- Judicial Review
2️⃣ Criminal Laws
- Purpose: Deals with offenses against individuals, society, or the state and their punishments.
- Key Acts:
- Bharatiya Nyaya Sanhita (BNS), 2023 – replaces Indian Penal Code (IPC), 1860
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – replaces Code of Criminal Procedure (CrPC), 1973
- Bharatiya Sakshya Adhiniyam (BSA), 2023 – replaces Indian Evidence Act, 1872
- Prevention of Corruption Act, 1988
🔍 New Criminal Law Highlights:
| Feature | BNS (2023) | BNSS (2023) | BSA (2023) |
|---|---|---|---|
| Sedition | Removed, replaced with “Acts against sovereignty” | — | — |
| Mob Lynching | Punishable with death penalty | — | — |
| Forensics | Focus on digital/forensic proof | Mandatory in serious crimes | Recognizes digital evidence |
| Community Service | Introduced for minor crimes | — | — |
3️⃣ Civil Laws
- Scope: Deals with non-criminal disputes
- Major Subcategories:
- Contract Law: Indian Contract Act, 1872
- Property Law: Transfer of Property Act, 1882
- Family Law: Hindu Marriage Act, Muslim Personal Law, etc.
4️⃣ Commercial Laws
- Deals with: Business and corporate governance
- Key Laws:
- Companies Act, 2013
- GST Act, 2017
- Insolvency and Bankruptcy Code, 2016
5️⃣ Labour & Employment Laws
- Objective: Protect workers and regulate employment terms
- Acts:
- Industrial Disputes Act, 1947
- Minimum Wages Act, 1948
- Code on Wages, 2019
6️⃣ Environmental Laws
- Aim: Protect nature and promote sustainability
- Important Acts:
- Environment Protection Act, 1986
- Wildlife Protection Act, 1972
- Forest Conservation Act, 1980
7️⃣ Cyber Laws
- Relevance: In digital and online activities
- Key Acts:
- Information Technology Act, 2000
- Digital Personal Data Protection Act, 2023
8️⃣ Human Rights & Social Welfare Laws
- Purpose: Ensure justice and equity
- Key Acts:
- Protection of Human Rights Act, 1993
- Right to Education (RTE) Act, 2009
- SC/ST (Prevention of Atrocities) Act, 1989
9️⃣ International Laws
- Focus: India’s global legal obligations
- Examples:
- Extradition Act, 1962
- Admiralty Act, 2017
📝 Conclusion
Understanding the Indian legal framework helps decode the functioning of the government and ensures active, informed citizenship. The 2023 criminal law reforms (BNS, BNSS, BSA) mark a major shift from colonial to contemporary jurisprudence.
❓ FAQs
Q1. What is the difference between a law and a rule?
A law is passed by the legislature and has the force of the state, while a rule is a subordinate regulation made by the executive to implement a law.
Q2. What are the new criminal laws introduced in 2023?
BNS (2023), BNSS (2023), and BSA (2023) have replaced the IPC, CrPC, and Evidence Act respectively, modernizing India’s criminal justice system.
Q3. What is an ordinance?
An ordinance is a temporary law issued by the President or Governor when Parliament or State Legislature is not in session. It must be approved within 6 weeks of the next session.