Module 1

Amity University Law for Engineers

  • Course Code: LAW132

  • Instructor: Shambhavi Sharma, Visiting Assistant Professor, AIALS

Course Objective

  • To provide general exposure to elementary knowledge of law relevant in engineering professions.

  • To help students appreciate the significance of law and its effects on business and society.

Course Contents/Syllabus

  • Module I: Introduction to Law and Law Making (20%)

    • Law: meanings, sources, and concepts.

    • Constitutional law focusing on Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental Duties.

    • Law-making process in India.

  • Module II: General Principles of Contract under Indian Contract Act, 1872 (20%)

    • Sections 1 to 75, Government as contracting party, government contracts, dispute settlement, standard form contracts, promissory estoppel, legitimate expectations.

  • Module III: Adjudicatory System in India (20%)

    • Overview of the adjudicatory system under the Constitution and various statutes.

    • Tribunals and Commissions such as Competition Tribunal and Consumer Protection Commissions.

    • Alternative Dispute Resolution: Nature, Scope, and Types, including Arbitration and Conciliation Act, 1996, Legal Services Authority Act, 1986.

  • Module IV: Law Relating to Intellectual Property (20%)

    • Concepts and types of property, Introduction to Intellectual Property Rights (IPR), including copyrights, patents, trademarks, designs, trade secrets, plant varieties, and geographical indications.

    • Infringement of IPRs and available remedies.

  • Module V: Privacy in Governance and Transparency (20%)

    • Confidentiality in government operations: Official Secrets Act, 1923, Right to Information Act, 2005.

    • Overview of Labour Disputes and Settlement: Industrial Disputes Act, 1947; Collective bargaining; Industrial Employment (Standing Orders) Act, 1946; Payment of Wages Act, 1936.

Module I: Introduction to Law and Law Making

Definition of Law

  • Law as a critical societal framework ensuring order and governance.

  • Enforceable by authorities with punitive consequences for violations.

  • Encompasses norms regulating behavior among individuals and between individuals and the state.

Sources and Concepts of Law

  • Laws emerge from various sources: legislation, customs, judicial precedents.

  • Importance of law in civilized life; maintains order and protects individual rights.

Jurisprudence

  • Derived from 'jurisprudentia', meaning knowledge of the law.

  • Study of legal theory, differentiating between natural and positive law.

  • Various schools of thought in jurisprudence:

    • Natural Law: Law derives from moral principles and nature.

    • Analytical Law: Positivist theory separates law from morality, focusing on enacted laws.

    • Historical School: Advocates that laws evolve from cultural and historical contexts.

    • Sociological School: Law as a tool for social change.

    • Realist School: Emphasizes judge-made laws as the real source of legal authority.

Sources of Law

Customs

  • Customs represent long-established practices regarded as legally binding.

  • Importance diminished with the rise of formal legislation and precedent-based law.

Legislation

  • The principal source of law in modern societies; originated from sovereign authority.

  • Involves systematic law-making procedures to ensure consistency.

Precedent

  • Judicial precedents are essential for maintaining legal continuity; binding on lower courts.

  • Ratio Decidendi vs. Obiter Dicta: Binding principles vs. non-binding observations.

Functions and Purpose of Law

  • Law serves multiple roles in society:

    • Delivers justice.

    • Upholds equality and uniformity.

    • Maintains social order and facilitates conflict resolution.

    • Supports orderly social change.

Fundamental Aspects of Indian Constitution

Constitutionality

  • The Constitution is a foundational legal document outlining the structure of government and citizen rights.

  • Features fundamental laws and principles governing state actions.

Fundamental Rights, Duties, and Directive Principles of State Policy (DPSP)

  • Fundamental Rights: Enshrined in Part III of the Constitution to protect citizens' liberties.

  • DPSP: Objectives for the welfare of the citizens; not legally enforceable but guide state policies.

  • Fundamental Duties: Obligations imposed on citizens; meant to reinforce moral responsibilities.

Law Making in India

Legislative Process

  • The Parliament is the supreme legislative body, conducting law-making via a structured process involving:

    • Proposal and introduction of bills.

    • Multiple readings and debates.

    • Presidential assent.

  • Types of Bills: Ordinary bills, Money bills, and Constitutional amendment bills, each with distinct processes.