What are Laws?
The system of rules
which a particular country or community recognises as regulating the actions of
its members and which it may enforce by the imposition of penalties
Do Laws Apply to All:
i.
As there should be no
arbitary exercise of power in independent India therefore the members of
Constituent Assembly instituted several provisions in the Constitution that
would establish the rule of law.
ii.
All persons in
independent India are equal before the law.
iii.
All laws apply equally
to all citizens of the country and no one can be above the law. That means,the
law cannot discriminate between persons on the basis of their religion, caste
or gender.
iv.
Any crime or violation
of law has a specific punishment.
v.
In ancient India, there
were innumerable and overlapping local laws which did not apply equally to all.
The punishment for the same crime varied depending upon their caste background
with lower castes being more harshly penalised or punished.
vi.
Members of the
Constituent Assembly were agreed there should be no arbitary exercise of power
in Independent India. To establish a law, they instituted several provisions in
the Constitution.
vii.
The British colonialists
introduced the rule of law in India. Historians have disputed this claim as:
o The colonial law was arbitrary
o The Indian nationalists played a prominent role
in the development of the legal sphere.
viii.
The British law of
the Sedition Act of 1870 set a perfect example of the arbitrariness. Under this Act,
a person protesting or criticising the British government could be arrested
without due trial.
ix.
Indian nationalists
began protesting and criticising the arbitrary use of authority by the
British.They began fighting for greater equality and wanted to change the idea
of law from a set of rules that they were forced to obey, to law as including
ideas of justice.
x.
By the end of the 19th
century, the Indian legal profession began emerging and demanded respect in
colonial courts by using laws to defend the legal rights of Indians.
xi.
Indian judges began to
play a greater role in decisions-making.
xii.
With the adoption of the
Constitution, laws for the country began to be made by the representatives.
xiii.
Ever year,
representatives pass new laws as well as revise the existing ones.
Hindu Succession Amendment Act 2005: According to this law, sons, daughters &
their mothers can get an equal share of family property.
How Do New Laws Come About:
i.
The Parliament has an
important role in making laws.
ii.
An important role of
Parliament is to be sensitive to the problems faced by people.
iii.
The issue of domestic
violence was brought to the attention of the Parliament and the process adopted
for this issue to become law.
iv.
The Protection of Women
from Domestic Violence Act 2005 was implemented to protect women from being abused and
injured by male.
Domestic Violence : The injury or harm caused by an adult
male(husband) to his wife.
i.
The role of citizens is
crucial in helping Parliament frame different concerns that people might have
into laws.
ii.
From establishing the
need for a new law to its being passed, at every stage of the process the voice
of the citizen is a crucial element which makes the work of Parliament more
accessible and transparent.
Unpopular and Controversial Laws:
i.
Sometimes the Parliament
passes laws that turn out to be very popular.
ii.
Sometimes a law can be
constitutionally valid and legal, but it can continue to be unpopular and
unacceptable to people because they feel that the intention behind it is unfair
and harmful.
iii.
People might criticise
this law, hold public meetings, write about it in newspaper, report to TV news
channels etc.
iv.
In a democracy, citizens
can express their unwillingness to accept repressive laws framed by the
Parliament.
v.
When a large member of
people begin to feel that a wrong law has been passed, then there is pressure
on the Parliament to change it.
vi.
If the law favours one
group and disregards the other, it will be controversial and lead to conflict.
vii.
People who think that
the law is not fair can approach the court to decide.
viii.
The court has the power
to modify or cancel laws if it finds that they don’t adhere to the
Constitution.
ix.
In India, role of
citizens does not end with electing representatives, they also analyse the work
done by MP's and criticise their actions, if needed.Therefore, it is stated
that people in a democratic country have the right to protest against the
unjust laws.
Conclusion:
It is the extent,
involvement and enthusiasm of the people that helps Parliament perform it's
representative functions properly.
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