Business &

Constitution

Group members:- Abhishek Ashwin

Nitin Sashanka
Aditiya Navneet
Sunil V.Balaji
Neha
 Law
What is it?

Why is it?
 Definition
of Law

Law is a system of rules usually enforced

through a set of institutions.

It shapes politics, economics and society in

numerous ways and serves as a primary
social mediator of relations between people.
 Why is it?

v Every society needs a governing

mechanism.
v Without this the society itself is not
possible.
v And to form this governing
mechanism law is required.
v Without the guide lines contained
within those laws there would be
chaos
 Law is for all…….

Common man, managers, MDs, Tatas, Birlas

Sole trader, partnerships, JHFs, JSCs, Trusts,
Co-operative societies, Banks….
Governments
Foreign Organizations (MNCs, Global
corporations
Non profit organizations, clubs, hotels, pubs
Joint sectors………….
 Indian
Constitution

ü It was framed by Constituent Assembly in 26th

November 1949.
ü The Indian Constitution was in part modeled on
the Government of India Act 1935 (an Act passed
by the British Parliament).
ü The Constitution of India is the supreme law of
India.
ü It lays down the framework, defining fundamental
political principles, establishing the structure,
procedures, powers and duties of the government
and citizens.
ü The Constitution is divided into Parts and further
into Chapters and Articles.
ü The Constitution, in its current form,
consists of a preamble, 22 parts containing
448 articles, 12 schedules, 5 appendices
and over 108 amendments to date.

ü It provides for separate executives and

legislatives for the Union and for each of the
States and distribute the powers of each.

ü However the residual power is with the

Union. Under certain circumstances, the
Union can (and has) dissolve the executive
and legislatives of the States

ü The judiciary is however unitary in structure

 FUNDAMENTALS
STATE RIGHTS REMEDY
Article1 Article 14 -30 Article 32
2 •Equality
Access to the
Freedom
• supreme court

Freedom of
•

religion
Educational
•

and
 Fundamental
Rights
 Fundamental rights is a char ter of rights contained in the
constitution of India.

 It guarantees civil liber ties such that all Indian can lead
there lives in peace and har mony

 This include individual rights such as :-

a) equality before law
b) freedom of speech & expression
c) freedom of association
d) freedom to practice religion
e) right for remedies

 Violation of this right result in punishment as prescribed

In the IPC
 Six Fundamental
rights recognised by the
constitution

1. The right to equality

2. The right to freedom
3. The right to freedom from
exploitation
4. The right to freedom of religion
5. The right to constitutional remedies
6. Culture and educational rights
 Fundamental
Duties
To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem.

To value and preserve the rich heritage of our composite

culture.

To protect and improve the national environment including

forests lakes, rivers and wild life.

To have compassion for living creations and to strive towards

excellence in all spheres of individual and collective activity
 Major Provisions under
fundamental right

Article 12:-
State as provided under Article
12 of the Constitution has four
components:
Ø ( a ) The Government and
Parliament of India.

Ø ( b ) The Government and

Legislature of each State
Article 13:-
Ø The State shall not make any law
which takes away or abridges the
rights conferred by this Part and
any law made in contravention of
this clause shall, to the extent of
the contravention, be void.
Ø This article also gives listing of
different instruments through
which state makes the law.
– Act
– Rules
– Notification
Article 14:-
Ø The State shall not deny to any person
equality before the law or the equal
protection of the laws within the territory
of India.

Ø Thus article 14 has been widely used by

individuals wherever there is any
discrimination by the state.

Ø For example, it has been used in cases of

appointments, promotions, granting of
license.
Article 19:
All citizens shall have the right -
a. to freedom of speech and expression;
b. to assemble peaceably and without arms;
c. to form associations or unions;
d. to move freely throughout the territory of India;
e. to reside and settle in any part of the territory of
India; and
f. *** (repealed)
g. to practice any profession, or to carry on any
occupation, trade or business.

Nothing in sub-clause(a) (b) (c) (d) (e) (f) (g) of the

said clause shall affect the operation of any existing law
in so far as it imposes, or prevent the State from making
Article 20

Ø No person shall be convicted of any

offence except for violation of a law in
force.
Ø No person shall be prosecuted and
punished for the same offence more than
once.
Ø No person accused of any offence shall be
compelled to be a witness against himself.
Article 32:

I. The right to move the Supreme Court by appropriate

proceedings for the enforcement of the rights conferred by
this Part is guaranteed.

I. The Supreme Court shall have power to issue directions or

orders or rights whichever may be appropriate.

I. An individual has direct access to the supreme court to seek

remedies for the protection of his fundamental rights.

I. The right guaranteed by this article shall not be suspended

except as otherwise provided for by this Constitution.
Cases related to infringement of
the “fundamental rights”

Ø Dehradun mines case

Ø Kanpur tanneries case
Ø Shri ram case
 Summary

Constitution constitute the society & the

government mechanism.
Indian constitution constitutes India as a
sovereign democratic republic.
The legislative body of the union is called the
parliament.
Council of ministers drawn from parliament is
headed by prime minister.
The supreme court act as judge in the disputes
between the center or states or among the
states.
Thank You…