Why was Right to property removed from being a fundamental right to a constitutional right?
**Substantive laws** define rights, duties, and legal relationships, specifying what is legally permissible. For example, the **Indian Penal Code (IPC)** defines offenses like theft, specifying that stealing someone’s property is a crime and stipulating the penalties for it. Similarly, the **IndianRead more
**Substantive laws** define rights, duties, and legal relationships, specifying what is legally permissible. For example, the **Indian Penal Code (IPC)** defines offenses like theft, specifying that stealing someone’s property is a crime and stipulating the penalties for it. Similarly, the **Indian Contract Act, 1872** outlines the requirements for forming a contract, such as mutual consent and lawful consideration, and defines the rights and obligations of the parties involved.
**Procedural laws**, in contrast, govern the methods by which substantive laws are enforced. They detail the processes for legal proceedings. For example, the **Code of Civil Procedure (CPC)** provides the steps for filing a civil suit, conducting a trial, and appealing decisions. If a person wants to sue for breach of contract, the CPC outlines how to initiate the case, present evidence, and conduct hearings. The **Code of Criminal Procedure (CrPC)** specifies procedures for criminal cases, such as how police investigations are conducted and how trials are carried out.
In summary, while substantive laws focus on defining legal rights and obligations, procedural laws ensure these rights are enforced through established legal processes.
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It is the changing societal norms, the evolution of values, and the dynamics in human interactions that necessitated the bringing up of new laws. Societies progressed, and the existing laws became outdated or were found sufficient for new emerging issues and challenges. This meant that new laws hadRead more
It is the changing societal norms, the evolution of values, and the dynamics in human interactions that necessitated the bringing up of new laws. Societies progressed, and the existing laws became outdated or were found sufficient for new emerging issues and challenges. This meant that new laws had to be formulated so as to live in tandem with the changing times.
This process of legal reform and the institution of new laws must be taken back to the times of ancient civilizations when the rulers and lawmakers realized after a certain period that it was imperative to update and renovate legal frameworks so that they might retain order and address contemporary concerns.
The work of committees and commissions over the centuries has been instrumental in forming and reforming many legal systems. For example, the American Law Institute, founded in 1923, has played a vital role in promoting the clarification and simplification of the law with its model codes and restatements of law.
The Law Commission of India set up in 1955, has been very instrumental in the process of reform under the Indian framework. It has conducted extensive studies on the revision and enactment of new laws addressing the emerging needs of society based on principles provided in the Constitution.
The process of legal reform is perpetual, for societies will keep on changing, and new challenges from time to time will confront us; these laws have to be reviewed consistently in view of these circumstances so as to ensure justice, fairness, and the protection of rights to all citizens.
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