Government: Body that governs, rules or controls the affairs of a country In Great Britain sovereign reigns but not

governs. Sovereignty lies with - we the people of india we -> legislature -> constitution -> law Law: is the command of the sovereign. Everybody follows because there is a threat of punishment 3I's: Instruments, Institutions, Individuals Who makes instruments ?: Legislative body or the institution. Ultimately it is about the individuals Legislature (vox populi - voice of country) L - make law, E - implement law, J - interpret and uphold law country mainly run by executature, kitchen cabinet: coitre of people managing country Changing the law retrospectively, govt has power can trouble businesses by changing the laws with a stroke of pen. Thus businessmen need to anticipate and follow doctrine of legitimate expectations. de-facto: matter of fact de-jure: by law Identifying the right government for you Rule of Law: be you ever so high, the law is above you (shell's) First law of business make the rules or your rivals will, either you make your competitors a part of your legal strategy or you be a part of theirs. (Competitive legal strategy): It is important for business people to know about law and use it to their advantage. (changing the rules of the game) Iron Law (leone) of Govt.: win-lose Thick law (justness included): not only property, contracts but political, morality, freedom, rights Thin law (only procedural attributes): just property, commercial rights and those things We are sovereign collectively and not individually, we follow norms for collective good. (collectivism, bentham theory - greatest good ..) Courage of Conviction: this is the right thing

Four basic truths about competition and law in market economy 1. Without rule of law and competitive legal strategy no capitalism , (functioning democracy committed to the rule of law) 2. Legal institutions can be abused as well as used 3. Being skilled at using law as a competitive tool for self advantage is a requirement and not an option in business; while being on the right side of the law 4. You are the decision maker : sue or settle, and in what manner to settle Problems with the constitution - page 29 The government of judges (exceptional competent & high moral integrity a must), order and not a suggestion Court of law, not a court of justice; New dimension of jurisprudence (trying to bridge gap) - needs dexterity substantive vs procedural law. Whenever there is a procedure there is concept of discretion but while implementing 'rule of law' one can't miss horse sense - fali nariman. (Wise and Wide discretion but not absolute and judiciary must know its limitations) Over Legalistic society,

Prolonged litigation, courts are safe harbour - matter is subjudice, law takes its own course crisis of competence misgovernment: politics as a vehicle for policies and not vice-versa Legal environment is dynamic, (law develops at the periphery, choices on legal periphery): changes with time and place legal env. <---> political env. Due Process = Fair, reasonable Two principles of natural justice + reasoned decision Recuse to avoid bias article 11 - right to life and liberty, not a vegetative existence - vibrant moral flexibility Politicians want to get relected Res ipsa loquitur - the thing speaks for itself Moral high ground - stand which can not be opposed Doctrine of legitimate expectations: 1. anticipate 2. act with sense of urgency/sense of purpse. action has to be without alarming anyone, in a subtle, discreet manner. Challenge intellectually, challenge ego etc. from a highly educated person - rationally, sensibly, reasonably Legislature (voice of people) can not make any law (can't go beyond the basic structure of the constitution - ultra vires) and judiciary can throw away, severe if out of constitution. Judiciary can define/interpret at any point of time the basic structure of the constitution as it will keep changing with the changing aspirations of the people of india. judicial review - 9th schedule - can't be revised judges should speak through judgements Pigeon hole theory: ubi remedium ibi jus - right ubi jus ibi remedium - if there is a right it is the duty of the court to find a remedy For any action to be treated as crime: 1. mens rea 2. physical act corporate criminal liability policy making - legislative + executive per incuriam: without application of mind... thus reliability, predictability of judiciary is low What is regulator - legislation + litigation constitution: trai act: trai (work within the two peripheries)