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178 The Common Law in IndiaOne may, however, recall in this connection theobservations of Sir Ivor Jennings in regard to theposition of the King in the United Kingdom and theGovernor-General in the Dominions which are perhapsin a substantial measure applicable to the Presidentin the Indian Constitution. " A function to beexercised on advice is not formal or automatic. TheKing or the Governor-General must be persuaded andon occasions the King or the Governor-General maydo the persuading. It is, indeed, the practice in theUnited Kingdom to consult the King informally sothat he may make his views known without rejectingor suspending action on formal advice. In the longrun he may either accept the advice or find a newmethod, but his views ought to carry weight andmay modify the ' advice he receives.' " The IndianConstitution requires the Prime Minister to communicateto the President all decisions of his Cabinet,furnish to him all the information he may call for,and, if so required by the President, submit for theconsideration of his Cabinet any matter on which adecision has been taken by a Minister and which hasnot been considered by the Cabinet. 8 These provisionscontemplate the Prime Minister as representingthe Council of Ministers being the channel of communicationbetween the President on the one handand the Council of Ministers on the other. Theseappear to be the means by which the President may" do the persuading." The close analogy betweenthe President of the Indian Union as its constitutional« Ibid., Art. 78.
The Indian Constitution 179head and the sovereign in Great Britain is apparent.Healthy conventions enabling the President to exercisethe weight and influence which should legitimatelybelong to the constitutional head of the Indian Unionhave started and will become established in courseof time as in the case of the monarch in England.It follows, therefore, that the executive power isin the Indian Constitution really vested in theMinisters or the Cabinet as in England. " The Cabinetenjoying, as it does, a majority in the legislatureconcentrates in itself the virtual control of both legislativeand executive functions; and as the Ministersconstituting the Cabinet are presumably agreed onfundamentals and act on the principle of collectiveresponsibility, the most important questions of policyare all formulated by them." 9 This fusion of theexecutive and the legislature, the responsibility ofgovernment lying with the Council of Ministers whoare in turn responsible to the legislature, is in substancea reproduction of the British Cabinet systemevolved in the course of years by English constitutionalprecedent.PARLIAMENTAs in England the Lower House is the predominantHouse. A Money Bill, which has in the Constitutionmuch the same meaning as in England, can be introducedonly in the House of the People. After aMoney Bill has been passed by the House of thePeople it is transmitted to the Council of States " for9 Rei Sahib Ram Jawaya Kaput v. The State of Punjab (1955)-i S.C.R. 2-25, 236-237.
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THE HAMLYN LECTURESTWELFTH SERIESTH
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The Common Lawin IndiaBYM. C. SETAL
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CONTENTSThe Hamlyn Trust - - - - -
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THE HAMLYN TRUSTTHE Hamlyn Trust ca
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CHAPTER 1THE RISE OF THE COMMON LAW
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The Rise of the Common Law 3mixed u
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The Rise of the Common Law 5In orde
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The Rise of the Common Law 7and Cou
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The Rise of the Common Law 9observe
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The Rise of the Common Law 11Thus w
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The Rise of the Common Law 13the ch
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The Rise of the Common Law 15includ
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The Rise of the Common Law 17from t
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The Rise of the Common Law 19Suprem
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The Rise of the Common Law 21prefer
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The Rise of the Common Law 28made a
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The Rise of the Common Law 25In the
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The Rise of the Common Law 27one to
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The Rise of the Common Law 29the ru
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The Rise of the Common Law 81Later
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The Rise of the Common Law 33The fi
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The Rise of the Common Law 351872 o
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The Rise of the Common Law 37crimin
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The Rise of the Common Law 89requir
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The Rise of the Common Law 41King's
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The Rise of the Common Law 48steps
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The Rise of the Common Law 45as its
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The Rise of the Common Law 47The sy
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The Rise of the Common Law 49Suprem
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The Rise of the Common Law 51arbitr
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The Rise of the Common Law 53has be
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The Rise of the Common Law 55As ear
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The Rise of the Common Law 57by equ
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The Rise of the Common Law 59with c
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The Rise of the Common Law 61princi
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CHAPTER 2CIVIL LAWTHE first Law Com
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Civil Law 65country of the parties
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Civil Law 67be made by a will execu
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Civil Law 69advancement based on En
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Civil Law 71as to accommodate it to
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Civil Law 73to contracts." The cour
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Civil Law 75Consideration may under
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Civil Law 77similar to those of the
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Civil Law 791845" did not, however,
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Civil Law 81in the same case that '
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Civil Law 83a mistake of fact but a
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Civil Law 85could not prevent, unla
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Civil Law 87and also a provision to
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Civil Law 89Act. 57 Speaking of the
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Civil Law 91the legal relations of
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Civil Law 93the non-performance of
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Civil Law 95purchaser who is suing,
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Civil Law 97system on which the Act
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Civil Law 99Some of the provisions
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Civil Law 101The justification for
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Civil Law 108On the contrary, as we
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Civil Law 105to the contrary as ins
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Civil Law 107patents, copyright, bi
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Civil Law 109from the social duties
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Civil Law 111early as 1872 that in
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Civil Law 113in India. 16 However,
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Civil Law 115Dealing with the quest
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Civil Law 117textbooks was codified
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Criminal Law 119criminal law were b
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Criminal Law 121powers; though the
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Criminal Law 123legal member, full
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Criminal Law 125" It is working as
Page 139 and 140: Criminal Law 127law. Stephen though
Page 141 and 142: Criminal Law 129proposed that truth
Page 143 and 144: Criminal Law 131calendar of crimes
Page 145 and 146: Criminal Law 133religious life of I
Page 147 and 148: Criminal Law 135have also in the In
Page 149 and 150: Criminal Law 137a special meaning.
Page 151 and 152: Criminal Law 139I think, depend upo
Page 153 and 154: Criminal Law 141at a conclusion whe
Page 155 and 156: Criminal Law 143and coercion. Some,
Page 157 and 158: Criminal Law 145Infancy: Moral deli
Page 159 and 160: Criminal Law 147It was laid down in
Page 161 and 162: Criminal Law 149provides expressly
Page 163 and 164: Criminal Law 151her husband who is
Page 165 and 166: Criminal Law 153by the ancient rule
Page 167 and 168: Criminal Law 155In India it is prov
Page 169 and 170: Criminal Law 157fall in Indian law
Page 171 and 172: Criminal Law 159wages war against t
Page 173 and 174: Criminal Law 161in the Indian Code.
Page 175 and 176: Criminal Law 163Large powers have b
Page 177 and 178: Criminal Law 165of certain offences
Page 179 and 180: Criminal Law 167as in England but t
Page 181 and 182: The Indian Constitution 169time to
Page 183 and 184: The Indian Constitution 171forces i
Page 185 and 186: The Indian Constitution 173the gene
Page 187 and 188: The Indian Constitution 175the cour
Page 189: The Indian Constitution 177Bills to
Page 193 and 194: The Indian Constitution 181of its c
Page 195 and 196: The Indian Constitution 183This vit
Page 197 and 198: The Indian Constitution 185authorit
Page 199 and 200: The Indian Constitution 187The comm
Page 201 and 202: The Indian Constitution 189of the p
Page 203 and 204: The Indian Constitution 191came int
Page 205 and 206: The Indian Constitution 193function
Page 207 and 208: The Indian Constitution 195rendered
Page 209 and 210: The Indian Constitution 197remedies
Page 211 and 212: The Indian Constitution 199India ha
Page 213 and 214: The Indian Constitution 201establis
Page 215 and 216: The Indian Constitution 203expressi
Page 217 and 218: The Indian Constitution 205It is st
Page 219 and 220: The Indian Constitution 207in Engla
Page 221 and 222: The Indian Constitution 209it means
Page 223 and 224: The Indian Constitution 211otherwis
Page 225 and 226: The Indian Constitution 213to prote
Page 227 and 228: The Indian Constitution 215use, enj
Page 229 and 230: The Indian Constitution 217natural
Page 231 and 232: The Indian Constitution 219health a
Page 233 and 234: The Indian Constitution 221are not
Page 235 and 236: The Indian Constitution 223In its p
Page 237 and 238: Epilogue 225exactly for the same re
Page 239: Epilogue 227it, and professors medi
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