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Origins of Law and its effect

Kishore 
on 09 June 2016

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I believe even people in historical times formulated and followed certain laws and such laws are converted to traditions and rituals of present days.

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Introduction

Friends, I have tried to analyse what may be the roots of law. Such analysation made me to to write some of the issues in this article. I hope it will be useful to all law interpreters. I made an attempt in such a way that it applies universally. Not only to our country. In such process I have formulated a theory which may be some what like Darwin`s theory, because it gives you a feeling that this theory was correct but may not provide you evidence .

My Theory on Castes and Laws

To my understanding laws are made to provide virtue to all living beings to the extent possible. According to me people related to earlier periods also recognised the importance law. And such people depending their knowledge created laws and updated laws according to the developments in different fields. Such laws are followed at that time. And even at that time, laws are vary from country to country and in some cases even from place to place. People who follow same law are defined as caste. Due advancements in laws people of different castes developed in different fields. People started loving their laws because they are having happy life to almost everyone. As per my understanding Brahmins are considered as professionals in case of Hindus. Because of selfish people(including Brahmins) good professionals are got hits by stones. However people of some castes are unable to see the progress  achieved by the other castes and felt jealous and their ego got hurt due to communication problems between different castes. People of different castes started to argue that their laws are superior than others. They started quarrelling with each other. And started wars to apply their laws on people who wanted to follow other laws. Due to such wars Knowledge acquired by different castes are vanished. Even though Knowledge saved was vanished by wars, people who believed in such vanished laws are continued to follow such laws and they are able to manage and rebuilt such laws to the extent they can. Although such laws are being rebuilt they failed to explain cause and effect in some cases. Because unable to explain cause and effect such laws are started weaken beside which other caste people started to occupy the such countries and applied laws of such occupied caste. Hope we are able to capture what happened after that as history. According to me, my caste is as follows

Caste : Indian

Sub Caste : Literate

Sub-Sub-Caste : Accountancy Profession Student

Depending on ruling authority say Governments, Kings, Military etc, we are able to follow certain things of such so called castes as traditions to the extent abide by the laws of such place. However because such so called castes are unable to explain certain things with cause and effect due to distortion of information and loss of knowledge acquired by such castes they are applied in situations which they are not intended to apply. Some issues blended by selfish people to things uttered by castes which turned into blind beliefs. For example, There is a concept called “Sathi Sahagamanam” which we are able lose with help of great persons like Rajaramohan Rai. I came to know about a situation. In such situation a persons wife was expired due to breast cancer. Immediately such person was unable bare it and within two days he committed suicide. By observing this, I am of the opinion that following such castes may make females love their life-partners in such a way that they are unable live without their partners. Whenever their life partners are expired they become weak and commit suicide. After certain time period people wrongly understood this and developed the concept called “Sathi Sahagamanam”.

As per my understanding developments in laws of such earlier periods reached to a stage where each and every persons duties are able to be determined by laws in almost all the cases. However in laws of present generations are not developed in certain areas as they have developed in the earlier periods. For example laws of present period doesn`t specified responsibilities of a family member to other family members in many situations but such castes addressed such issues. As per my understanding such castes are able to do that because of advancements achieved. Till advancements are not done in certain areas it is preferable to encourage people to follow castes to the extent not conflict laws.

According to my understanding advancements in laws lead to a situation where traditions of such so called castes may not be followed. Because of developments in laws leads to practicing traditions just for name sake and then after some time people would not follow those because they are unable to find logical reasoning behind those. Hence as per my theory future castes will be like laws of India, laws of USA, laws of UAE, laws of Australia......etc. Virtue vary from situation to situation. For example assume a law was made in a very hot weather country as to no permission for constructing a building if it does not have an air conditioning facility. If you apply such law in a country like India, it would not work. Hope history would not repeat to apply laws of different situations to other inappropriate situations.

What is an advancement in Law?

As per theory explained above advancements are happened due to progress in different fields which explains cause and effects. And such advancements are happened due to material consideration of different issues which earlier considered as immaterial or insignificant. Even in the present situations advancements in laws are happend due to material consideration of different issues which earlier considered as insignificant or immaterial. For example porn was banned by Apex court of India. However earlier porn was not banned. Always punishing people may not solve the problems if it is due to circumstances which encourages such things. In my opinion punishments should commensurate with the situations which results in such bad things.

Few issue in Companies Act 2013

Corporate Social Responsibility is one of the best improvements done in done in Companies Act 2013. This encourages good relations between companies and society. And Companies Act 2013 also made some changes for depreciation allocation method. These kind of changes are portrays Advancements in law. Even special provisions for Banks, Insurance is also kind of advancement to my understanding. Because such provisions higher materiality in respect of Industry Specific Issues is done. I am expecting some more industry specific provisions.

There are two more issues that are to be decided as advancements or not

1.Removal of Director                                                                                                                                   2.General Reserve                                                                                                                               

Removal of Director:- In case of Companies Act 2013 there is requisite number of shareholders got right to proposal for removal of director but Companies Act 1956 does not contain as such. India got approximately 128 Crores of people, in spite of this fact each and every person in India are able to get a right called “expression of opinion”. But if a company is not able to give a right to propose removal of director, then can we call it as advancement?. And all the share holders may not attend to the General Meeting and requisite shareholders may not be in a position to know about the reason to remove the director, What if a single shareholder came know about a material fact (about which if known to every shareholder will remove director) to which all the shareholders may suffer. Persons who are in position to modify the Act as per laws of India might need to consider this point.

General Reserve:- Earlier Companies Act 1956 allows to pay dividends subject to Dividend Payout Rules even in case of loss out of General Reserves provided it doesn`t decreases below 15% of paidup capital. And Company needs to transfer prescribed amounts to general reserves if company pays dividend out of profits of relavent period. By this companies are able to maintain certain amount as General Reserve. Because of this in case companies are going to liquidate company is able to have certain amount as reserves to pay unsecured loans/debtors etc. Because of this concept investors are able to know that whether total dividend is paid out of relavent period profit. And if company reach to a stage having only 15% of paidup capital as General Reserve then some people will well aware of it in case loss in such year. Even such disclosure was made there are certain categeory of people who cann`t understand situation and soley depends on share prices. Normal shareholder may not interpret financial statements as if a professional will do although it got lot of information of the company. If, Iam an auditor expressing opinion, I will state about dividend was declared out of which year’s profits(assuming LIFO method) and is there anything transferred to reserves similar to general reserve if Companies Act 2013 don`t get amended in this behalf.

Development<>Virtue<>Laws<> Profession

To my understanding people considering availability of different things and advancements in technology as development. But according to me we need not to give higher importance for development than virtue. Giving opportunity to capable people is part of virtue. If enough opportunities are given to capable people they will evolve new things for development and utilisation of such new things for good purposes is again virtue. Governments need not to search ways for development for country, it just need to concentrate that vitue is available each and every people of country. People in different professionals who are good in their fields need to give suggestions to proper persons (who are in a positions to control law and order). If such suggestions are helpful to the country then following such suggestions by such proper people becomes virtue as per my opinion. If normal people are hurt and they are rising for introduction of new laws, it means either problems in practicing good profession or people who are in a position to institute virtue by operation of law are not giving enough value to the outcome of professions and professionals. As per my understanding if professional do not get respect soley for their knowledge irrespective of financial position and influence they got then normal people in such countries may not get virtue for them then constitutions or law and order won`t work in such country. As my opinion if there was problems in implementation of laws then proper people must follow advices given by relavent professional and If there are any problems in carrying on good profession laws must take care of it. Mr.Aristatile formed theories on different types of constitution (Interested people may check details in weekipedia about Mr.Aristatile). Such constitutions include Democratic Constitution also. According to him, if Democratic Country perverts it will become poor country. I am also of the same opinion in case of Democratic Country. Because if professional are not got enough respect in the manner i have explained earlier and/or people who are in a position to implement and introduce laws make laws for their own benefit, then normal people would not abide laws. It is hard to imagine there will be virtue. So people in power will sold whatever for bucks and normal people will be the sufferers.

Friends in my opinion before any law passed for authorisation to the concerned persons it must be given to the people at appropriate professions and must take their suggestions and recommendations. And must be modified as per their suggestions. Because people to whom such laws apply are not experimental pieces to bare it. Concerned persons in my opinion means parliament in our country.

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