Ch3-Understanding Laws


Q1. Answer the following Questions in one sentence:

1. When was the Hindu Succession Act revised?
 Ans. The Hindu Succession Act was revised in 2005.

2. What was Sedition Act of 1870? 
Ans. According to this Act, any person protesting or criticising the British government could be arrested without due trial.

Q3. Answer the following Questions in short:

1. Explain the provisions of Rowlatt Act. How did Indians react to it? 
Ans. Rowlatt Act allowed the British government to imprison people without due trial. Indian nationalists including Mahatma Gandhi were vehement in their opposition to the Rowlatt bills. Despite the large number of protests, the Rowlatt Act came into effect on 10 March 1919.

2. How was the system of law during ancient times in India?
 Ans. In ancient India, there were innumerable and often overlapping local laws. Different communities enjoyed different degrees of autonomy in administering these laws among their own. In some cases, the punishment that two persons received for the same crime varied depending on their caste backgrounds, with lower castes being more harshly penalised.

3. State two reasons why historians refute the claim that the British introduced the rule of law in India.
 Answer: Two reasons why historians refute to claim that the British introduced the rule of law in India are: a. The colonial law was arbitrary
b. The Indian Nationalists played a prominent role in the development of the legal sphere in British India


Q4. Answer the following questions in detail:

1. Write in your own words what you understand by the term the ‘rule of law’. In your response include a fictitious or real example of a violation of the rule of law. 
Answer: The rule of law is a provision of the Indian Constitution that states that all people in independent India are equal before the law. Every law is equal for every citizen in the country. Neither the President nor any other high official is above the law. The punishment for any crime committed will be the same for every person, irrespective of post or power. For example, if a Clerk is punished for corruption, the same punishment needs to be given to a higher Official or Minister for committing the same crime of corruption.

2. Describe the controversial law and unpopular law with the help of an example.
 Ans. Sometimes a law can be constitutionally valid and hence legal, but it can continue to be unpopular and unacceptable to people because they feel that the intention behind it is unfair and harmful. For example, various municipal laws on the use of space within municipal limits often make hawking and street vending illegal. No one will dispute the necessity for some rules to keep the public space open so that people can walk on the pavements easily. However, one also cannot deny that hawkers and vendors provide essential services cheaply and efficiently to the millions living in a large city. This is their means of livelihood. Hence, if the law favours one group and disregards the other it will be controversial and lead to conflict.

3. Write in your own words what you understand by the term the ‘rule of law’. In your response include a fictitious or real example of a violation of the rule of law.
Ans. What the rule of law means is that all laws apply equally to all citizens of the country and no one can be above the law. Neither a government official, nor a wealthy person nor even the President of the country is above the law. For example: Most politicians and businessmen today own property and wealth worth crores but they do not even file tax returns on the same. The assets they declare are probably not even half of what they originally own. However, an ordinary income tax official cannot dare to question them for fear of losing his job, because the former have “power” and “contact” that this official does not possess