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Day 12 at Padala Rama Reddi Law College 3Y LLB

·1009 words·5 mins
PRRLC Law School Family Law Constitutional Law Osmania University LLB 3YDC Semester 1
Prithvi Raj Kunapareddi
Author
Prithvi Raj Kunapareddi
Solving problems for things I care about.

Class Notes - 1st October, Tuesday, 2024
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These are the notes from the classes held on Tuesday, 1st October 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Family Law, and Constitutional Law. Though vetted, it may contain inaccuracy, discretion is advised.

Family Law - 1
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Faculty: Dr Sriveni

Schools of Hindu Law
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Ancient Schools
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  • Shruti: Divine revelations heard by sages and passed on to others.
    • Rig Veda (1300-1200 BC) – Contains 1017 slokas.
    • Yajur Veda (1000 BC)
    • Sama Veda (1000 BC) – Contains 1549 slokas.
    • Atharvana Veda (800 BC)

Smriti
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  • Pre-Smriti:

    • Charanas (Wandering teachers) taught men.
    • Dharma Sutras (800-200 BC):
      • Shrauta: Sacrificial ceremonies.
      • Grihya: Marriage ceremonies.
      • Samayacharika: Laid down the duties of men.
      • Sages: Gautama, Harita, Apastamba.

  • Post-Smriti:

    • Dharma Shastras:
      • Manu Smriti (18 parts, covering marriage, debt, gambling, succession, etc.)
      • Yajnavalkya Smriti
      • Brihaspati Smriti
      • Narada Smriti
Smriti usually contains:
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  • Achara-kanda (368 verses) - Dealing with customs and proper conduct.
  • Vyavahara-kanda (307 verses) - Covering judicial procedure and legal matters.
  • Prayaschitta-kanda (335 verses) - Discussing crime, punishment, and penance.

Customs
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  • Validity of a Custom:
    • Ancient
    • Continuous
    • Certain
    • Reasonable
    • Not immoral
    • Not against public policy
    • Not against law (If proven, custom prevails over written law)

Kinds of Customs
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  • Local Custom
  • Family Custom
  • Guild Custom
  • Caste Custom

Digests and Commentaries
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  • Commentaries on Manu Smriti:

    • Manutika (Govindaraja)
    • Manvarthamuktavali (Kulluka Bhatta)

  • Commentaries on Yajnavalkya Smriti:

    • Mitakshara (Vijnaneshwara)
    • Balakrida (Visvarupa)
    • Apararka (Aparaditya)
    • Viramitrodaya (Mitra Mishra)

  • South Indian Digests:

    • Smritichandrika (Devana Bhatta)
    • Parasara Madhaviya (Madhavacharya)

  • Western Indian Digests:

    • Vyavahara Mayukha (Nilakantha Bhatta)
    • Samskara Kaustubha (Ananthadeva)

  • Mithila Digests:

    • Vivada Chintamani (Vachaspati)
    • Vivada Ratnakara (Chandesvara)
    • Madana Parijata (Visheshvara Bhatta)

  • North-East Digests:

    • Dayabhaga (Jimutavahana) – Written in the 12th century.

Modern Schools
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  • Equity, Justice, and Good Conscience:

    • Concepts of Nyaya (Justice) and Yukti (Wisdom).
    • British used this when they couldn’t interpret Hindu law, applying English law after 1864.

  • Precedents:

    • “Stare Decisis” was not a concept in ancient India. Precedents (past judgments) now serve as sources of law.
    • Only High Courts and the Supreme Court are Courts of Record.

  • Legislation:

    1. Caste Disabilities Removal Act, 1850: Abolished legal penalties for converting to another religion and protected inheritance rights.
    2. Hindu Widows’ Remarriage Act, 1856: Allowed widows to remarry and provided inheritance rights.
    3. Hindu Inheritance (Removal of Disabilities) Act, 1928: Removed inheritance restrictions on disabled Hindus.
    4. Hindu Women’s Right to Property Act, 1937: Granted Hindu women inheritance rights.
    5. Hindu Code Bill: Led to:
      • Hindu Marriage Act, 1955
      • Hindu Succession Act, 1956
      • Hindu Minority and Guardianship Act, 1956
      • Hindu Adoption and Maintenance Act, 1956

Constitutional Law - 1
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Faculty: Dr M Gangadhar Rao

Nature of the Indian Constitution
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  • The question arises whether India has a unitary or federal constitution.
  • In a unitary constitution, power lies solely with the central government.
  • In a federal constitution, power is shared equally between the center and the states.

Features of a Federal Constitution
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  • Supremacy of the Constitution: The constitution is supreme, regardless of judiciary, legislature, or executive.
  • Written Constitution: A federal state must have a written constitution.
  • Division of Powers: Powers between the center and states must be clearly divided and written down.
  • Judicial Review: The judiciary must act as a watchdog, allowing judicial review.
  • Rigid Amendment Process: The amendment process must be rigid to prevent central overreach.
  • Dual Citizenship: In the U.S., citizens have both state and national citizenship, while India only recognizes Indian citizenship.

Challenges to Indian Federalism
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  • Article 3:
    Allows Parliament to alter the boundaries, names, or territories of existing states or create new ones. This power to change state boundaries without requiring state consent challenges the autonomy of states and the federal structure.

  • Articles 155, 156:
    These articles allow the President (on the advice of the central government) to appoint and remove Governors. Since Governors are central appointees, they sometimes act contrary to the state government, often leading to conflicts, especially when different parties rule at the center and in the states.

  • Emergency Powers (Article 352):
    The center can declare a national emergency on grounds of war, external aggression, or armed rebellion, during which the center can assume control over state functions, suspending state autonomy and powers. This undermines federalism during emergencies.

  • President’s Rule (Article 356):
    If the President, on the advice of the Governor, is satisfied that the state government cannot function according to constitutional provisions, the central government can impose President’s Rule, effectively suspending the state’s elected government and taking direct control. This provision has been used controversially and seen as a central encroachment on state powers.

  • Financial Emergency (Article 360):
    Allows the center to take control of state financial affairs in case of a financial emergency. This could include directions on spending and use of resources, reducing the autonomy of states in managing their finances.

  • Concurrent List:
    Subjects in the Concurrent List allow both the center and states to make laws. However, if there is a conflict between central and state laws, central laws take precedence (Article 254). This can sometimes undermine state laws and state authority, especially when states are looking to legislate on matters of regional importance.

According to Professor K.C. Wheare, India is a quasi-federal constitution, with a strong centralizing force but federal principles. He was the first one to coin the term Quasi-Federal.

Regardless of the challenges, one must note that the framers of the Constitution of India had to take decisions based on the prevailing sentiment at the time. While some provisions can appear to be misused or are draconian, the framers of the Constitution had to take a prudent call while drafting which maybe something that they have done.

Tip: In the exam, write positively about the Constitution so as to appease the examiner, regardless of your personal views on the matter.

Notes:
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  • Family Law: Conducted over two periods.
  • Constitutional Law: Conducted for one hour.
  • Other subjects were not conducted today.
  • Padala Rama Reddi Law College will be closed on 2nd October 2024 on account of Gandhi Jayanthi. Dasara vacation is from 7th October to 14th October 2024. The college resumes on 15th October 2024, Tuesday.