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Showing posts with the label Indian Polity

Important Cases Related to Indian Constitution And Important Books for preparation

Important Cases Related to Indian Constitution Many Times in History, there are the Results of The Supreme court decision about the cases in relavent of Indian Constitution Judicial assessment is the power of the ultimate court to look at the constitutionality of legislative enactments and govt orders of both the crucial and nation Governments. On examination, if they're located to be violative of the charter, they may be declared as illegal, unconstitutional and invalid (null and void) via the ultimate court. Consequently, they can't be enforced by way of the authorities. There are certain landmark judgements of the perfect court docket within the Indian history that has changed the route of Indian constitutional studies. These are very vital for IAS examination practise. Here, we offer the list of all useful landmark decisions of the perfect courtroom for IAS exam education. A.K. Gopalan Case (1950) Shankari Prasad Case (1951) Berubari Union case (1960) Golaknath case (1967) ...

Important law for our command life style - Article 294

Article 294   Succession to property, assets, rights, liabilities and obligations in certain cases---   As  from from the commencement of this constitution -- (a)   All property and assets which immediately before such commencement vested in his Majesty for the purposes of the Government of the Dominion of the India and all property and assets which immediately before such commencement were vested in his Majesty for the purposes of the government of each Governor's province shall vest respectively in the Union and the corresponding stats, and (b) all rights, liabilites and obligations of the goverment of the Dominion of India and of the Govenment of each Governor's Province, Whether arising out of any Contract or otherwise, shall be the right, liabilities and obligations respectively of the Government of India and the government of each corresponding State, subject to any adjustment made or to be made by reason of creation before the commencement of this constit...

Marriage Laws and Woman's Rights

Marriage Laws and Woman's Rights SIR Grorge Knox of the Allahabad High Court disposed of and interesting appeal regarding the rights of a married Hindu women of 18 years of age who was compelled to live with her husband against her will. Her husband brought a suit against her in the Munsiff's Court at Saharanpur for restitution of xonjugsl rights and a decree was passed ordering her to live with her husband. She did not obey the order and her husband requested that she might be detained in prison till she obeyed. The district Court Judge granted this application on the gground that the woman had been given ample opportunity to comply with the decree but had failed to do so. It was alleged that she was under the influence of her brother who was at the bottom of the trouble. On the woman appealing to the High Court against the order of detention in jail, Sir George Knox set it aside. THE TRIBUNE (100 YEARS AGO ON JUNE 25 , 1918)

PUBLIC SERVICE COMMISSIONS

Public Service Commissions for the Union and for the States  -   (1) Subject to the Provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State. (2) Two or more States may agree that there shall be one Public Service Commission for that group of States,and if a resolution to that effect is passed by House or,where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission to serve the needs of those States. (3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. (4) The Public Service Commission for Union,if requested so to do by the Governor of a State, may,with the approval of the President, agree to serve all or any of the needs of the State. (5) References in this Constitution to t...

EMERGENCY PROVISIONS

Proclamation of Emergency  (1) If the President is satisfied that a grave emergency exits whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression he may, by Proclamation, make a declaration to that effect [ in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation]. (2) A Proclamation issued under clause (1) may be varied or revoked by a subsequent Proclamation. (3) The President shall not issue a Proclamation under clause (1) or a Proclamation varying such Proclamation unless the decision of the Union Cabinet that such Proclamation may be issued has been communicated to him in writing. (4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall ,except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been a...

THE MUNICIPALITIES

Definitions. -   In this Part,unless the context otherwise requires,--- (a) "Committee" means a Committee constituted under article 243S; (b) "district" means a district in a State; (c) "Metropolitan area " means an area having a population of ten lakhs or more,comprised in one or more districts and consisting of two or more Municipality or Panchayats or other contiguous areas,specified by the Governor by notification to be Metropolitan area for the purposes of this Part; (d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor; (e) " Municipality" means as institution of self - government constituted under article 243Q; (f) "Panchayat" means a Panchayat  constituted under article 243B; (g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. Constitution of Municipalities. -   (1) There shall be consti...

LANGUAGE OF THE UNION

Official language of the Union. -   (1). The official language of the Union shall be  Hindi Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. (2). Notwithstanding anything in clause 1 ,for a Period of fifteen years from the commencement of this Constitution, the English language shall Continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that the President may ,during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union. (3). Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of ---- (a).the English language, or (b).the Devanagari form of numer...

RELATION BETWEEN THE UNION AND THE STATES

          LEGISLATIVE RELATION       Distribution of Legislative Powers Extent of laws made by Parliament and by the Legislatures of States. ---                                                                                                                                                                  (1). Subject to provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may laws for the whole or any part of the State. (2). No law m...

THE STATES

                          General   Definition Of The States In this Part, unless the context otherwise requires,  the expression "State" [ does not include the State of Jammu and Kashmir].                               THE EXECUTIVE     The Governor Governors of States. -- There shall be a Governor for each State: [Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] Executive power of State. --- (1). The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2). Nothing in this article shall -- (a). be deemed to transfer t...

ELECTIONS

Superintendence, direction and control of elections to be vested in an Election Commission. ---  (1). The superintendence , direction and control of the preparation of the electoral rolls for , and the conduct of, all election to Parliament and to the Legislature of every State and of ,all elections to the offices of President and vice - President held under this Constitution shall be vested in a commission. (2). The Election Commission shall consist of the Chief Election commissioner and such number of other Election Commissioner ,if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to provisions of any law made in that behalf by Parliament, be made by the President. (3). When any other Election Commissioner is so appointed the Chief Election Commissioner shall Act as the the Chairman of the Election Commission. (4).Before each general election to the House of the People and to the...

Constitution of Parliament

Constitution of Parliament (1) there shall be a Parliament for the Union which shall consist of the President and two Houses to be know respectively as the Council of States and the House of the people. Composition of the Council of States . --                                                               The Council of States shall  consist of -- (a). twelve members to be nominated by the President in accordance with the provisions of clause(3). (b). not more than two hundred and thirty - eight representatives of the States. (2).The allocation of seats in the Council of States to be filled by representatives of the States shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3). The members to be nominated by the President under sub -  clause (a) of clause (1) shall consist of persons ...

THE UNION JUDICIARY

THE UNION JUDICIARY Establishment and Constitution of Supreme Court .-- (1).There shall be Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2). Every  Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty - five years. [Provided that] - (a). a  Judge may, by writing under his hand addressed to the President, resign his office; ( b). a Judge may be removed from his office in the manner provided in clause (3). A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and -- (a). has been for at least five years a Judge of a High Court or of two or more such Court in succession; or (b). has been for at least ten years an advocate of a High Court or of two or more such Courts in succession ; (c). is, in the opinion of the P...

COMPTROLLER AND AUDITOR - GENERAL OF INDIA

COMPTROLLER AND AUDITOR - GENERAL OF INDIA Comptroller and Auditor - General of India ---  (1). There shall of ba comptroller and Auditor - General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as Judge of the Supreme Court. (2). Every person appointed to be the comptroller and Auditor - General of India shall , before he enters upon his office  make and subscribe before the President ,or some person appointed in that behalf by him , an oath or affirmation according to the form set out for the purpose in the Third Schedule. (3). The salary and other conditions of the service of Comptroller and Auditor - General shall be such as may be determined by Parliament by law and ,until they are so determined, shall be as specified in the Second Schedule. Provided that neither the salary  of a Comptroller and Auditor - General nor his right in respect of leave of absen...

ABOUT THE PRESIDENT OF INDIA

THE PRESIDENT OF INDIA The President of India ---                                            There shall be a President of India. Executive power of the Union ---(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officer subordinate to him in accordance with this Constitution . (2). Without prejudice to the generality of the foregoing provision, the Supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law . (3). Nothing in this article shall-- (a). be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b). prevent Parliament from conferring by law functions on authorities other than the President. Election of President. ---      ...