In the codes of Manu and Yajnavalkya, the concept of law evolved to a new stage where the monarch was seen as the upholder or fountain head of justice. The king's relation to law was considered primary, where the king was supposed to protect the subjects to maintain the status quo of varnashrama, punish the wicked and dispense justice to those wronged. Customary laws may have existed separately and did play an important role. It is only in the works of later smrti writers that law emerges in its procedural form and a systematic attempt is made to distinguish various aspects of law and judicial procedure. In other words, Dharma was the composite of social existence that formed the basis of the emergence of legal precepts in India.
The main demands of caste movements before independence were freedom from the caste-specific imposed labour, grant of forest or waste lands for cultivation, and removal of legal disabilities from owning land. Gandhi integrated the issue of abolition of untouchability into the national movement. In 1935, the British Government of India came out with a list of 400 groups considered untouchable, as well as many tribal groups, later termed as Scheduled Castes and Scheduled Tribes. Ambedkar agreed to the Poona Pact by which these communities were given reserved seats in electoral bodies within the Hindu
It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or prerogative, or even wide discretionary authority on the part of the government. DICEY’S RULE OF LAW According to Dicey, the rule of law is one of the fundamental principles of the English system. In the aforesaid book, he attributed the following three meanings of the said doctrine:- 1. Supremacy of law 2.
The doctrine of Separation of Powers in India is as old as the Constitution itself, and was extensively, though, perhaps not exhaustively, discussed in the Constituent Assembly Debates. Emphasis was laid on giving Constitutional Recognition to Separation of Powers by Prof. K.T. Shah, a member of Constituent Assembly. It was to be culled out by Art. 40-A as under: “There shall be complete separation of powers as between the principal organs of the State, viz; the legislative, the executive, and the judicial.” However, this idea was opposed by Shri Hanumathaiyah, who envisioned a functional, harmonious government, instead of complete separation of powers.
What is the separation of powers? The separation of powers means that the same persons should not form part of more than one of the organs of government, one organ of government should not ¬exercise the functions of another, and each organ of government should act as a check against the others and should be able to do this independently without any undue threat of preventative control or interference. This was first developed by John Locke. It was developed further by Montesquieu in his book, De l’Esprit des Lois (1748), these writers assumed that government can be broken down into legislative, executive and judicial functions. The legislative involves the drafting, publication of new laws and the amendment of existing laws in the UK, consists of the monarch, the House of Lords and the
“...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…[the three branches] should not be so far separated as to have no constitutional control over each other.” (James Madison, Federalist Paper #51, 1788). This quote by James Madison shows that the Constitution basically separates powers of each branch, and gives each the right to stop the other if they feel that something isn’t fair or equal without creating a ruler or making one branch the strongest. With the concept of checks and balances, the founding fathers were able to stop soft tyranny, and keep government in a balanced and equal
Constitutional law is interested with the duty and powers of the institutions of the government and with the relationship between the citizen and the government. The United Kingdom’s constitutional development has an unbroken history starting from 1066. ‘Constitutionalism’ is the doctrine which governs the lawfulness of government action. Constitutionalism suggests the things that are far more important than the concept of ‘legality’ which expects official conduct to be as per pre-settled lawful guidelines. In brief, constitutionalism suggests the limitation of power, the separation of powers, the doctrine of responsible accountable government and the protection of individual rights and freedoms.
Law is invented to undertake a expression of society mores, thinking and a well administrated society. Law protect basic individual right and freedom and which prevent a person in powerful position from taking partial advantage of other people. Law is performed to every one who lives in a country, Government authorities, governmental departments, individual private bodies, profit organization as well as non-governmental organization. Most of the Malaysian law was quoted from the English customs, but the good thing is that the law has been created by statute like Act of Parliament. The constitution of Malaysia defined Parliament as a supreme legislative body,and the system is divided into the house of Lords and the house of Commons, the upper and lower
As per article 19, modified at the 33rd session at Caracas in 1964, provided that the delegates of the committee shall be appointed by the assembly for not more than three years and cannot be immediately re-elected. Article 20 talks about the meetings of the executive committee which shall take place at least once every year after being convened by the president. Article 21 provides for the conduct of the members of the executive committee. It says that they shall conduct themselves in such a way as if they are representatives of the organization and not of their respective countries. Article 22 enumerates the duties of the executive committee, which are as follows: (a) Supervision of the execution of the decisions of the general
As far as we all concerned, the Federal Constitution provides express provisions to secure the Judiciary’s independence, either from the control or interference by the Executive or the Legislature. First safeguard that have been highlighted by virtue to the Federal Constitution is regarding the method of appointment. As in most legal systems in Malaysia itself, appointments are in the hands of the Executive. Its decisions are deeply informed by judicial advice and consensus, as well as constitutional and diplomatic considerations. The Conference of Rulers and the Yang di-Pertuan Agong (YDPA) play just a little practical involvement in these decisions.