Chapter ll

PRECIS WRITING, LETTER WRITING AND ESSAY

WRITING
(A) PRECIS-WRITING
The word 'precis' means summary and precis-writing means
summarising. The real connotation of a precis is an abridgment. It is pronounced
as "pressee' and is aFrench word.lThe English substitute for this word is precise.
It is akind of compression. It is the gist of the ideas expressed in any writing.
Precis-writing is very useful. It is a fine exercise in reading. It makes both
eye and mind active. It is a very good exercise in writing a composition. By
writing precis one can learn how to express thoughts clearly, concisely and
effectively. It also has practical value. Lawyers may be more direct and persuasive
through precis of long precedential citations.
Precis-writing requires condensation of sentences and statements by
summarisation by
ignoring what is not essential or repetition. It requires
omission of certain words. The method of precis-writing requires certain
procedure.
study the writing
Reading comes first and precis-writer is required tountil
thoroughly and carefully. It may be read again and again it becomes clear.
The subject matter must be clear before starting the precis-writing.
may
Second step is the search for the appropriate title. Key-sentences
provide clue for ttle. word. By doing
Thirdly, reading must be sentence by sentence and word by
be ascertained.
so, key sentences and words should
and important
Fourthly, precis-writing must distinguish between essential
ideas and comparatively unimportant ideas.
proper and careful reading comes, the stage of writing the precis.
After noted down precis should be written
Important points are to be identified and
complete and slf contained. It must be
in words of the precis-writer. It nust be
simple, direct and commnunicative.
original order of thought of the
The art of compression does not requireexpress
may be rearranged with a view to the meaning more clearly.
passage. It Compression can be
Condensing requires not mere omission but remodelling.and sentences; by combining
achieved by substitution of single words or phrases
by using compound expressions with
two or more sentences into one andelimination
conjunctives. Suppression may require of repetitive words, ideas and
illustrations and elimination of
Sentences, removal of most examples and
redundancies and unimportant illustrations.
1. Precis is derived from Latin root praecisum.
(511 )
 OUTLINES OF LEGAL LANGUAGE IN INDIA
512

indirect
The precis should be written in third person and speech.
from direct to indirect speech may require Correct sequence of tense
aftCherange
"verb of saying" in the past tense; pronouns he, she, they must be used withthea
and other words
view to avoid confusion; correct adverb indicating time
be used and proper indication of questions, commands, warrings, threatsmustor
exhortation must be expressed by the proper choice of "verbs of savino
The language of the precis and the style of the style offthe summary should
be clear and simple. It should give the impresion of original writing and no
merely shortening of the length of the passages by omiting certain sentencgs
Figurative language in original should be reduced to plain, straight forward
English in summary. If original expressions are best communicator of the ideas
they should be retained and should not be changed for the sake of changing
them.
The points should be rearranged as to give a coherent thought. The
connection of ideas should be kept clear with logical coherence.
Lastly,precis should be revised and written fairly. Mistakes in spelling and
punctuation, grammar and idiom must be corrected.
In summing up the following points are to be kept in mind with a view
to make the precis understandable and communicative.
1. Passage or text has to be read as many times as one can with a
view to ascertain main theme or general meaning.
2. Passage should be examined in detail with a view to make sue
of the meaning of each sentence, word and phrase.
3. Title has to be formulated so as to communicate the main topic
and express the ideas expressed in the passage.
4. Brief notes are to be prepared. Copying of words from the original
text should be avoided and precis should be prepared in the words of the
precis-writing himself.
5. Quotations and figure of speech from original should be avoided
and remodelling should be preferred. Precis should be self-contained and
a connected whole.
6. Precis-writer should add nothing, make no commernt and corct
no facts.
7. Words should be counted and precis should not exceed one-third
of the length of the original text.
8. Precis should be written in third person, indirect speechandin
past tense. Name of the writer and his introduction should be avoided and
in the place of name writer or author should be written.
9. Due regard should be given to punctuation and other graammatical
and idiomatic rules. It should be written in active voice.
10. If possible precis should be written in asingle Paragraph. I
should be clear and informative. It should be complete like a original| piece
of work.
with
11. It should be written neatly and fair copy should be prepared
heading.
 PRECIS WRITING, LETTER WRITING AND ESSAY
WRITING 513

SPECIMEN 1
Trees give shade for the benefit of others and while they
in the sun and endure scorching heat, they produce the fruit thermselves stand
by which others
arofit. The character of good men is like that of trees. What is the use of
this
nerishable body, if no use of it is made for the benefit of mankind?
Sandalwood-the more it is rubbed the more scent does it yield. Sugarcanethe
more it is peeled and cut into pieces, the more juice does it produce. Gold-the
more it is burnt, the more brightly does it shine. The men who are noble at heart
do not lose these qualities even in losing their lives. What does it matter whether
men praise them or not? What difference does it make whether riches abide with
them or not? What does it signify whether they die at this Inoment or whether
their lives are prolonged? Happen what may, those who tread in the right path
will not set foot in any other. Life itself is unprofitable to a man who does not
live for others. To live for the mere sake of living one's life is to live the life of
dogs and cows. Those who lay down their lives for the sake of a friend, or even
for the sake of a stranger, will assuredly dwell forever in a world of bliss.
PRECIS
Altruism.-The product of the nature like tree stand for the benefit of
others. There is similarity between the character of trees and the men of good
character. Like sugarcane, sandalwood and gold a good man become serviceable
and prominent by bearing hardships. Life of only those persons is worthwhile
who live for others and not for themselves only. Those who live for others receive
permanent bless of the world.
SPECIMEN 2
Nature seems to have taken a particular care to disseminate her blessings
among the different regions of the world with an eye to this mutual intercourse
and traffic among mankind, that the natives of the several parts of the globe
might have a kind of dependence upon one another, and be united together by
their common interest. Almost every degree produces something peculiar to it.
The food often grows in one country, and the sauce in another. The fruits of
Portugal are corrected by the products of Barbadoes, and the infusion of a China
plant is sweetened by the pith of an Indian cane. The Philippine islands give a
flavour to our European bowls. The single dress of a woman of quality is often
the product of a hundred climates. The muff and the fan come together from
the different ends of the earth. The scarf is sent from the torrid zone, and the
tippet from beneath the pole. The brocade petticoat rises out of the mines of
Peru, and the diamond necklace out of the bowels of lndonesia.
PRECIS
Universalityof Nature's Blessings.-The nature has distributed is blessings
in the different parts of world. The people of different parts of the world have
different resources and each part is not self-sufficient but is to be dependent
pon the people of the other parts of the world. The variety produced by nature
n different parts of the world necessitates mutual co-operation.
 514 OUTLINES OF LEGAL LANGUAGE IN INDIA

SPECIMEN 3
It is the height of selfishness for men, who fully appreciate in their own
case the great advantage of a good education, to deny these advantages to
women. There is no valid argument by which the exclusion of the female sex
from the privilege of education carn be defended. It is argued that women have
their domestic duties to perform, and that, if they were educated, they would
bury themselves in their books and have little time for attending to the
management of their households. Of course it is possible for women, as it is for
men, to neglect necessary work in order to spare more time for reading
sensational novels. But women are no more liable to this temptation than men
and most women would be able to do their household work all the better for
being able to refresh their minds in the intervals of leisure with a little reading.
Nay, education would even help them in the performance of the narrowest sphere
of womanly duty. For education involves knowledge of the means by which
health may be preserved and improved, and enables a mother to consult such
modern books as will tell her how to rear up her children into healthy men and
women and skilfully nurse them and her husband when disease attacks her
household. Without education she will be not unlikely to listen with fatal results
to the advice of superstitious quacks, who pretend to work wonders by charms
and magic.
PRECIS
Denial of equality to women.-Man's selfishness has brought women
under bondage. There is no excuse for confining women to the house wife status.
immensely
They have equal right to education as men have. Education will help
fruitful house
more
in the improvement of the women's lot. She will becomne
wife, look after children properly and contribute to society if she is properly
educated and without education superstition and ignorance will prevail.
SPECIMEN 4
of
The framers of the Constitution were conscious that, in a country
sub-continental dimensions, immense diversities, socio-economic disparities and
"multitudinous people, with possibly divided loyalties," security of the nation
framers, therefore,
and stability of its polity could not be taken for granted. The powers
recognised that, in agrave emergency, the Union must have adequate of the nation,
to deal quickly and effectively with a threat to the very existence took care to
on account of external aggression or internal disruption. They overriding
provide that, in a situation of such emergency, the Union shall have legislation
powers to control and direct all aspects of admninistration and
throughout the country. A violent disturbance, paralysing the administration of
a State, could pose a serious danger to the unity and integrity of the country.
Coping with such a situation of violent upheaval and domestic chaos, may be
beyond the capacity or resources of the State. Intervention and aid by the Union
will be necessary. A duty has, therefore, been imposed by the Constitution on
the Union to protect every State against external aggression and internal
disturbance.
(Report of Commission on Centre-State Relations p. 165]
 PRECIS WRITING, LETTER WRITING AND ESSAY WAITING 515

PRECIS
Emergency Provisions.--The framers of the Constitution were well aware
of the diversities prevailing in India. They were more conscious to the security
of the nation as it could not be taken as for granted. The visualised threat to the
security of the nation due to external aggression and internal disturbance. They
provided for emergency provisions to deal with the situation and cast duty upon
the Union to protect every State against such dangers.
SPECIMEN5
An independent and impartial judiciary forms the cornerstone of every
truly democratic government. The Rule of Law is a basic requirement of such
governments; and the maintenance of the Rule of Law is unthinkable without a
sVstem of judicial administration presided over by judges who will apply the
law without fear or favour to the high and the low, the rich and the poor.
Ouestions often arise in such State of the powers of the State represented by its
administrative officials to affect the rights of the individual citizen. The modern
welfare State, with its labyrinth of all pervasive laws restricting the citizens'
activities, invariably needs independent adjudicators alert to protect the citizen
from unjustified State action. Different States may evolve different systems,
suitable to their genius to afford such protection. Britain has developed a
jurisprudence which enables the citizen by appropriate writs to approach the
France
courts of law for the enforcement of his rights to liberty and property. illegal
has created a system of administrative tribunals for redress against
executive action. Whatever the procedures devised, their aim must be to provide
remedies easily available to the citizen for the assertion 'of his rights against the
citizern
executive before tribunals in whose impartiality and sense of justice the
has complete confidence.
The need for the support of the Rule of Law by an efficient and independent
is a written
judiciary becomes imperative when the Constitution of the country system of
Constitution with a federal structure. As we know, a federal
government predicates parallel governments with limited fields povwers operating in
the same territory in different fields. Their respective of power are
demarcated by the Constitution. The functioning of parallel governments with
and
limited powers mkes it essential that there should exist a competent conflicts
powers
impartial authority to adjudicate on the limits of theirunits whenever
arise between the Central Government and the or between the units
themselves.
M.C. Setalvad : Uhion And State Relations p. 172]

PRECIS
The Role of The Judiciary.--The rule of law is basic value under a
democratic step up. It can be preserved and protected only through the
Ihnstitution of the independent and impartial judiciary. Every State evolves its
Own institution to satisfy the aspiration of its people by safeguarding their rights.
in britain citizen's rights are protected through prerogative writs and in France
administrative Tribunals safeguard the rights of the people.
Ihe need for the supporting of the rule of law by an independent judiciary
nore imperative in view the written Constitution; federal structure and
 516 OUTLINES OF LEGAL LANGUAGE IN INDIA

government with limited powers. An independent judiciary also decides and

keeps balance of power between the Centre and the States.
SPECIMEN 6
In my submission, the vital distinction between the Constitution and the
ordinary law lies in the criterion of validity. In the case of the ordinary law, its
validity can be questioned; and when so questioned, must be justified by
reference to a higher law. In the case of the Constitution, on the other hand, its
validity is inherent and lies within itself. The validity of a rule of constitutional
law cannot be, and, ought not to be justified by reference to
rule. According to Professor Hans Kelsen the entire legal anotherisand a higher
of norms or legal rules. Every legal rule or norm owes its system a hierarchy
legal rule or norm, until we reach validity tosome higher
the Constitution, or, as he
norm which is the apex. The grund norm or the basic norm iscalls the
it, the grund
It generates its own validity. It is Constitution.
valid because it exists. It is wrong, therefore,
to ask the question why the Constitution is
because it is the Constitution; whereas any binding,
A Constitution is binding
other law is binding only if, and
insofar as, it is in conformity with the Constitution.
Constitution does not lie in law but it lies in the social factThe validity of the
of its acceptance by
the community. Its validity, in other words, is
extra-legal. This is a
principle. In Salmond's Jurisprudence it is observed: well recognised
From ordinary legal rules, however, they
[constitutional rules] differ in one
important respect; their authority cannot logically be derived from some more
basic legal rules, because they are themselves the basic
rules of the
[P.K. Tripathi : Some Insights into Fundamental Rights p. legal system.
17]
PRECIS
Higher Law status of the Constitution.-The
Constitution of a country
enjoys the higher status. The test of validity gives it a better
of an ordinary law can be challenged but position. The validity
Constitution is valid ipso facto. The
Constitution is grand norm of the nation and every other law has to conform to
the Constitution. The validity of the
of the society itself: The ConstitutionConstitution lies in the general
itself is basis rule of the legal acceptability
system.
SPECIMEN 7
Connected with the question of the Constitution is the
sovereignty. A body that can make or amend the Constitution atquestion of
sovereign body. In England the Parlianment is sovereign, which meanswill
that
is a
the
Parliament can amend any law or the Constitution in any way it likes.
in India the Constituent Assembly was a sovereign body.
Similarly,
legal basis. It is an extra legal fact. It cannot have, and it Sovereignty has no
does not need any legal
justification. It generates legal justification for acts done under it. It is the sole
source of all legal justification, and not a recipient of it.
Our Constituent Assembly was a sovereign body, not
Independence Act, 1947, said so, nor because it was or it wasbecause
not
the Indian
representative
of the people of India, nor for any other legal
reason or justification. It was
sovereign in fact. Had it not been sovereign in fact its legality, if any, could not
help it. Since it was sovereign in fact it needed no legal
justification. Pandit
 PRECIS WRITING, LETTER WRITING AND
ESSAY WRITING 517
Tevraharlal Nehru and the other national leaders, who
emblv, were factually in a position to give comprised the Constituent
ot in that position, factually, in India Constitution. They were
a
regard to those
nstitute the State of Pakistan; and, therefore, theyparts of India which now
could not have made a
Constitution for those parts and enforce it there. They were
denforce a
Constitution for India that remained after inthea position to frame
sub-continent. There was no need to verify, by referendumn or partition of the
similar devices,
this fact, namely, their capacity to make and enforce a Constitution for India.
This fact was well-known and well-recognised; and that was enough.
[P.K. Tripathi : Some Insights into Fundamental Rights p. 19]
PRECIS
Sovereignty.-Sovereignty is the mnost important aspect of the
The body which concrete and anmend the legal system.
constitutional will is sovereign.
Parliament is the obvious example. The Constituent Assembly of India British
sOvereign body. Sovereignty neither needs legal basis nor needs legal was also
It is a fact. The framers did framne and justification.
enforce the Constitution of India.
and The fact
circumstances proved the sovereign capacity of the
to frame the Constitution for India, not for Pakistan whichConstituent
become
Assembly
separate and,
therefore, no other testing like referendum was needed.
SPECIMEN 8
The most important point this survey of the
equal protection clause brings out is that equalityoperation and efficiency of the
cannot be secured merely by
enacting constitutional or legal provisions. Such provisions can deal with
individual delinquency; but where
commurnity is in a dominant position communities
are involved, and one
to control the economic and political
decisions of the State or the nation, the legal or
hardly stand against its power. Constitutionalconstitutional
provisions
machinery can
to protect the
dominated communities or groups will either not be made, or, even when made
they will remain ineffective. Legal provisions cannot stand
by themselves. They must be invoked and operated by against injustice all
sense of justice and equality. The real strength of the people endowed with a
principles
equality, therefore, lies behind the constitutional and legal provisionsofinjustice and
Of men, in acceptance by them of these as the great values of life. Thisthe hearts
achange of heart without which change in the iext of the requires
possible nor enough. Constitution is neither
|P.K. Tripathi : Some Insights into Fundamental Rights p. 185]
PRECIS
Insufficiency of Legal Remedies in Protection of Equality.-The equality
Ensured under the Constitution cannot be ensured by enacting
gdl provisions. Such provisions are meant not for the whole constitutional or
society but tew
individual deliquents identifiable so isolated for treatment. It also states that
provisions itself cannot raise voice against injustices. They have to be geared up
legal
by the people endowed with
a sense of justice and equality. The strengthening
th Protecting force behind the legal or constitutional provision is the heart of
the people.
518 OUTLINES OF LEGAL LANGUAGE IN INDIA

SPECIMEN 9
Lord Bryce compared the adoption of many branches of English law in
India with the manner in which Roman Law became the law of the different
countries forming part of the Roman Empire. In the view, however, of Professor
Holdsworth a more exact comparison would have been between "The reception
of English law in India, and the reception of Roman Law in the States of modern
Europe from the twelfth to the sixteenth centuries. It would have been more
exact for two reasons. In the first place the States of modern Europe received
Roman law not because they were subjugated by Rome but because Roman law
was more fit, than any code of law of which they had knowledge, to solve the
problems of the more advanced stage of civilisation to which they were attaining.
It is exactly for the same reason that the rules of English law have been
introduced *** into British India". Whichever be the more apt comparison, those
concerned with the framing of the Constitution of India in the years 1947-1950
had to face and take into account the great reality that, in the words of Lord
Wright, "the enormous subcontinent of India had adopted, except for family or
other racial or religious law, the common law which ** regulated the great mass
of dealing between man and man":
[M.C. Setalvad : The Role of nglish Law in India p. 5]
PRECIS
Reception of English Law in India.-As to the reception of English law
in India' there are two opinions. Lord Bryce's view is that such
reception is
comparable to reception of Roman in different parts of Roman Empire. On the
other harnd, Professor Holdsworth points out that the reception of English law
in India is comparable to reception of Roman law in the States of modern
from twelfth to the sixteenth centuries. The latter appears to be more Europe
exact. The
obivious reasons are that Roman law was not imposed but more suitable than
their own laws. It was suitability to solve the Indian problems that attracted the
reception of English law in India.
SPECIMEN 10
The Indian Constitution is following the Government of India Act, 1935, a
composite Constitution which contains also the provisions about the nature and
form of the Governments of the constituent States of the
Union and, as observed
by the Court in the same case, the position in the
"The Governor or the Rajpramukh, as the case mayconstituent states is the same.
be, occupies the position of
the head of the executive in the State but it is
in each State that carries on the executive virtually the Council of Ministers
adopted the British system of ParliamentaryGovernment".
Government
Independent India thus
both at the level of the
Union and the States adopting not only the structure but some of the provisions
in this regard of the Parliamentary Act of 1935.
thus be said to lie at the very base of the Indian English Constitutional law can
The intention that the Parliamentary Constitutional structure.
the Centre and the States should in theinstitutions that they were creating at
setting of a
approximate in the manner of their functioning to the Britishwritten
model
Constitution
made clear by the provision which the Constitution has made in is strikingly
powers, privleges and immunities of the Union Parliament and regard to the
the State
 PRECIS WRITING, LETTER WRITING AND ESSAY
WNAITING 519
Legislatures.
[M.C. Setalvad : The Role of English Law in India p. 40]
PRECIS
Basis of the Constitution.-The basis of the Indian Constitution is the
parliamentary democracy. Its root lies in the English Constitutional Law. Indian
Constitution owes much to the British Constitutional Law as well as the
Government of India Act, 1935 which sorted out the functioning of the Council
of Ministers with the Governor or Raj Pramukh. The Indian Constitution derives
inspiration, for establishment of Parliamentary institutions both at Centre and
the States along powers, privileges and immunities of the Parliament and
Legislatures.
SPECIMEN 11
Unlike, however, in Britain, the Indian Constitution has a Bill of Rights.
This was a break with the past and the roots of the change lay in the history of
Indian freedom. Prior to the enactment of the Parliamentary Act of 1935,
demands were made on behalf of India for the incorporation into the Act of a
Bill of Rights. This demand was rejected by the British Government following
its own tradition that freedom was best preserved not by constitutional
provisions but by adherence to the rule of law and to unwritten practices and
conventicns. This was not acceptable to the Indian mind which had long suffered
from the discriminations, disabilities and oppressive acts of the foreign rulers.
To Indians as to most nodern minds a Bill of Rights was an essential feature of
a complete Constitution. It has been said that "the Indian reaction" (in enacting
the Bill of Rights), "like the American reaction, is in large measure a product of
British rule". The Indian Bill of Rights follows in a certain measure the pattern
borrowed
of the Constitution of the United States of America, but it has also
of the
largely from other Constitutions and some of its provisions are indicative
peculiar difficulties of the institutions of the country itself.
[M.C. Setalvad : The Role of English Law in India]
PRECIS
to the
Indian Bill of Rights.--Indian Constitution differs from British asbut had
earlier
provision of a Bill of Rights. Such a demand was made quite as they had
satisfied
Deen rejected by the British Government. Indians were not of foreign rulers.
experienced discriminations, disabilities and oppressive acts
reaction to the British
ndian preferred Bill of Rights on the American pattern in provision,
rule. Indian Bill of Rights is comprehensive being based on Anmerican
Provision of other countries as well as experiences of our own.

SPECIMEN 12
the United Kingdom which is not governed by a written Constitution
In liberties of the subject are
la where there is no Bill of Rights, "the so-called
lly implications drawn from the two principles that the the subject may say oror
do what he pleases, provided he does not transgress substantive law,
though rooted in foundations so slender,
infringethe legal rights of others". Even
in all phases is more valued and
receives greater protection
individual liberty its
 520 OUTLINES OF LEGAL LANGUAGE IN INDIA

in that country than in many others with written Constitutions

incortheporsubjatinegct
Bills of Rights. Apart from the force of public opinion, the liberties of
in the United Kingdom owe their main protection to certain actions and w
particularly the writ of habeas corpus provided by the common and the
statute
law. Amnong the most important liberties which have been created and elaborated
in that country is "the right of personal freedom, or immunity froma
wrongful
detention or confinement, which is ensured by the action of false imprisonment
and by the writ of habeas corpus reinforced by the Habeas Corpus Acts." With this
is closely associated the right to freedom of speech or discussion and the rieht
to the freedom of conscience. The right of public
association are also regarded as well-accepted libertiesmeeting.and the right of
of the subject.
[M.C. Setalvad : The Indian Constitution p. 49]
PRECIS
Basis of the protection of Liberties in U.K.--In United Kingdom there is
neither written Constitution nor Bill of Rights. Still liberties are of age guarded
as people may do what they please but their act should
law or infringe legal rights of others. It is more safenot than
transgress substantive
written Constitution and Bill of Rights. People have right to the countries with
personal freedom,
freedom from detention and confinement, freedom of speech, public
association. meeting and
SPECIMEN 13
The important potential of the democratic form of
has to be responsive to what has been government is that
learnt. The voters are never finally
committed to a decision and thus to a possible mistake. Capacity for
inherent in the democratic process itself. The change is
election provides the voters with opportunity and constitutional prescription of
means to effect changes in the
policies and procedures of government.
Other forms of government have also
the advantage of democracy is that changes capacity for change. What constitutes
can be effected by means of processes
native to itself and prescribed by its own Constitution. The democratic form of
government, it is .said, is self-corrective. The only alternative
peaceful and orderly means is the change by force, that is, byto change by
Revolutions destroy; democratic procedure reforms. The consequences revolution.
revolution breed the need and occasion for another. In a democracy there isofnoa
entrenched power to be over-thrown.
of office. It did not gain office by force.Government needs only to be voted our
It does not maintain itself in office by
force. Force is, therefore, not necessary to put it
the advocacy of a revolution cannot be justified asout of office, In a democracy,
are effective. long as democratic processes
IM.C. Setalvad : The Indian Constitution p. 2071
PRECIS
Privileges of Democracy.--The democracy as a form of government has
many privileges over the other forms of the government. It has inherent capacity
to change through the election process. It is different from changes in the
othe
forms of government, as the process is given in the Constitution itself. That 1
 WRITING 521
WRITING AND ESSAY
PRECIS WRITING, LETTER
unlike
self-corrective process. It is peaceful
regarded as a brings changes by
why democracy isdestroys democratic values. Democracy
cannot have.
revolution which which revolution
out of office
voting a government
SPECIMEN 14 generally be
according to need is one which wouldbe distributed
justice
The principle of appropriate Thus, ifa gift of$ 100 is
to
cases. B's would be a factor
recognized at least in need is greater than
Nor
B, the fact that A's
between A and consideration justify giving A a greater share.
and would for instance,
fairly taken into distribution of gifts. A person in need,derived from
to the claim,
is the notion confined
unemployed or
having a
ill, is regarded as help to relieve his lack of
is
a person who contribution by his fellow-men, to of
lis need, to a In fixing salaries and wages the needand
respectively. married
earnings and his ill health Thus, where one employee is
citizens is often taken into
account.
more than an employee doing simnilar work
has afamily he is often
awarded
principle is often observed or, in the imposition
A comparable in the case of
who is unmarried. progressive taxation according to
income
of burdens. Thus, principle that the need of those who have
rests on the the persons
estate duties, to capital, greater capital assets is less than that of the merit
have
a higher income or income or capital assets. The need principle like
who have a lower allocation of advantages but to the
merely to the
principle, therefore, applies not
Again however, the parallel is
not complete, since
allocation of disadvantages. that the person whose need is less, because he is
assert is
it would be wrong tO more heavily than a person whose need
wealthy, has a claim to be taxed we said that a person
be more correctly stated if
greater. The position would treated in relation to other tax payers if
he is
unfairly
whose need is less is not greater. But it is not true to say
that
person whose need is
taxed more than a since this in turn is dependent
upon
necessarily fair
the tax imposed on him istaxation is itself fair.
whether the total level of
Legal Philosophy p. 79]
[A.M. Honore : Social Justice (in) Essay in
PRECIS
justice according toneed is justifiable
Principle of Justice.The ptinciple ofshare
cases. If 'A' needs more his should be higher than the share
appropriate
in
"B the person in need may be unemployed, ill and claim is to be realised
of servants. A mnarried employee is to be given more than
from the share of fellow
pay higher taxes than
unmarried employee. The person earning more have to
persons earning less.
SPECIMEN 15
It would be surprising if the principle of social justice protected the single
and
ypes of interest already examined, namely the interest in conformity to rule
Once it is
ne interest of those who are in need, and not other human interests.
damited, indeed, that reasonable expectations are the subject of fair claims by
ien as men, there seenms no principle by which we can deny the existence of
similar clainms, not only in the case ofas bodily health, shelter, food, clothing and
necessities, but also of recreation, travel,
oner advantages which would rank
PPortunities for amusenment and education and those other advantages which
 522
OUTLINES OF LEGAL LANGUAGE IN INDIA
might not be classified, at least in all societies, as
Again, it would be Surprising if one particular human needs.
namely discrimination between persons in form of
expectations, were egarded as objectionable respect
regarded as aceptable. Can any and
of their known discrimination,
reasonahla
other forms of discriminatn
discrimination in respect of known rational distinction be drawn
in respect of other
interests whether
reasonable expectations and discrimination
falling within the notion of necessaru
between
advantages or not? Clearly a wider principle is involved and we must ask in
what this principle consists.
A number of arguments tend to
justice consists sinmply in the claims of allshow that the wider principle of soOcial
share in all advantages which are men to all advantages and to an
commonly equal
are in fact conducive to regarded
human well being. The first is an as desirable and which
the analogy of the principle of the justice of argument based on
of conformity to rule conformity to rules.
involves not merely that discrimination is The principle
that any failure to conform
can be criticized as unfair. to rule which disappoints reasonable objectionable but
their reasonable expectationsThus, if the principle that all
men have expectations
a right that
should not be
advantages, we arrive at the proposition thatdisappointed is
all men have extended
to to other
share in all such advantages, and this is the principle of social
a claim to an equal
Iam contending. justice for which
[A.M. Honore : Social Justice p. 79]
PRECIS
Social
be taken intoJustice.-The
account. The
requirement of justice is that many interests have to
principle of
adjusted with otherconformity
to need should be to rule and justice
according
people have to be avoided, reasonable interests. Discriminations among the
be adjusted. Social Justice expectations and other interests have to
requires that
which are desirable. All men have claim ofall men should enjoy all advantages
equal share in all advantages.
SPECIMEN 16
The life of the law has not been
logic : it has beenn experience. The felt
necessities of the time, the prevalent moral
public policy, avowed or unconscious, even and political theories, intuitions of
the prejudices which judges
with their fellow-men, have had a good share
deal more to do than the
determining the rules by which men should be governed. The law syllogism in
story of a nation's development through many embodies the
with as if it contained only the axioms and centuries, and it cannot be dealt
In order to know what it is, we corollaries of a book of mathematics.
must know what it has been, and what
to become. We must alternately it tends
consult history and
legislation. But the most difficult labour willbe to understand existing theories of
of the two into new the combination
products at every stage.
[O.W. Homes : The Common Law p. 1].
PRECIS
The life of the law.-The
law. The realities of life like feltexperience makes the man perfect, so does it ro
necessities, prejudices of judges etc. govern tne
 PRECIS WRITING, LETTER WRITING AND ESSAY WRITING 523

rule by which men are governed. The whole history of the country is to be seen,
theories of legislation are to be observed and its combined effect has to be
examined in the society.
SPECIMEN 17
System of representative and responsible government is a feature of
constitutionalism. It ensures that the governments are responsive to the needs
and aspirations of the peopl. Representative Character of the government is
ensured by the grant of the right of equal political participation to the people
including the right to vote, and accountability is maintained by the requirement
that the representatives should seek renewal of their mandate to rule after defined
periods of interval. In a developed democracy this has virtually come to mean
ruled.
as an ongoing process of regular dialogue between the rulers and the
People regularly ventilate their grievances, views, and comments through the
medium of press, public meetings, and demonstrations. Though elections are
fought on party lines espousing divergent programmes, but actual governance
has perforce to be carried on in a manner that losers do not get totally
disenchanted and alienated. People keep-on combining into interest groups,
interest groups keep on affiliating with one political formation or the other, and
in this dynamic the business of democratic governance is carried on. Its essence
lies in two things:
(1) the political affiliations of the people are based on ever- charging
socio-economic interests and not on permanent ethnic or communities
jdentities;
(2) the loosers all the time keep hoping that the next time they can
become winners.
(U.R. Rai, Constitution Law-l: Structure, EBC, 2016 pp.19-20)
PRECIS
System of representative and responsible government.-A representative
and responsible government is a feature of constitutionalism. It is ensured by
equal participation through the right to vote and periodic renewal to govern. In
developed democracy regular dialogue between the rulers and the ruled goes
on. The different interests groups work continuously through political
parties
and the winners and losers both cooperate in governance-the former in hope of
Tetention of the power to rule and the latter is hope of becoming winner in the
next election.