What is Look out notice??
Look out circular (LOC) is a circular letter used by authorities to check whether a traveling person is wanted by the police. It may be used at immigration checks at international borders (like International airports or sea ports).
Join us @Law_Students_Zone
Look out circular (LOC) is a circular letter used by authorities to check whether a traveling person is wanted by the police. It may be used at immigration checks at international borders (like International airports or sea ports).
Join us @Law_Students_Zone
👍1👏1
Forwarded from Indian Judiciary Preparation PCS J
🔆VICE-PRESIDENT
✅ According to the Article 63, there shall be a Vice-President.
✅ Vice-President is ranked 2nd after President.
✅ He is the ex-officio chairman of Rajya Sabha.
✅ He is not a member of Rajya Sabha hence he has no right to vote. But he can exercise a vote in the case of tie or equality of votes.
✅ He entitled the salary and allowances payable to the chairman of Rajya Sabha
not for the post of Vice President.
▪️Election of Vice-President
✅ Vice-President is elected by the members of an electoral college consisting of
the members of both House of Parliament.
✅ Election is held in accordance with system of proportional representation by
means of the single transferable vote and voting is by secret ballot.
✅ Thus this electoral college is different from the electoral college for the election of the President in the following two respects :
1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are
included).
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
✅ According to the Article 63, there shall be a Vice-President.
✅ Vice-President is ranked 2nd after President.
✅ He is the ex-officio chairman of Rajya Sabha.
✅ He is not a member of Rajya Sabha hence he has no right to vote. But he can exercise a vote in the case of tie or equality of votes.
✅ He entitled the salary and allowances payable to the chairman of Rajya Sabha
not for the post of Vice President.
▪️Election of Vice-President
✅ Vice-President is elected by the members of an electoral college consisting of
the members of both House of Parliament.
✅ Election is held in accordance with system of proportional representation by
means of the single transferable vote and voting is by secret ballot.
✅ Thus this electoral college is different from the electoral college for the election of the President in the following two respects :
1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are
included).
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
👍2🔥1
SPECIAL LEAVE PETITION :
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
#Constitutional_Law
Join US @Law4CivilServices
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
#Constitutional_Law
Join US @Law4CivilServices
👍1
🔆VICE-PRESIDENT
✅ According to the Article 63, there shall be a Vice-President.
✅ Vice-President is ranked 2nd after President.
✅ He is the ex-officio chairman of Rajya Sabha.
✅ He is not a member of Rajya Sabha hence he has no right to vote. But he can exercise a vote in the case of tie or equality of votes.
✅ He entitled the salary and allowances payable to the chairman of Rajya Sabha
not for the post of Vice President.
▪️Election of Vice-President
✅ Vice-President is elected by the members of an electoral college consisting of
the members of both House of Parliament.
✅ Election is held in accordance with system of proportional representation by
means of the single transferable vote and voting is by secret ballot.
✅ Thus this electoral college is different from the electoral college for the election of the President in the following two respects :
1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are
included).
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
✅ According to the Article 63, there shall be a Vice-President.
✅ Vice-President is ranked 2nd after President.
✅ He is the ex-officio chairman of Rajya Sabha.
✅ He is not a member of Rajya Sabha hence he has no right to vote. But he can exercise a vote in the case of tie or equality of votes.
✅ He entitled the salary and allowances payable to the chairman of Rajya Sabha
not for the post of Vice President.
▪️Election of Vice-President
✅ Vice-President is elected by the members of an electoral college consisting of
the members of both House of Parliament.
✅ Election is held in accordance with system of proportional representation by
means of the single transferable vote and voting is by secret ballot.
✅ Thus this electoral college is different from the electoral college for the election of the President in the following two respects :
1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are
included).
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
👍3
Regulating Act 1773 Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
👍5❤2
ATTORNEY-GENERAL
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
Join us @LAW_Notes_Llb_Notes
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
Join us @LAW_Notes_Llb_Notes
👍6❤1🤔1
The substantive part of the Code of Civil Procedure contains 158 sections. The (First) Schedule comprises 51 Orders and Rules providing procedure. Appendices contain Model Forms of Pleadings, Processes, Decrees, Appeals, Execution proceedings, etc.
Order 21 is the longest Order covering 106 Rules.
Section 151 is a salutary provision. It saves inherent powers in every court to secure the ends of justice and also to prevent the abuse of process of the court.
Secttion 153-B as added by the Amendment Act of 1976 expressly declares that the place of trial shall be open to the public. The proviso, however, empowers the Presiding Judge, if he thinks fit, to order that the general public or any particular person shall not have access to the court.
Join us @LAW_Notes_Llb_Notes
Order 21 is the longest Order covering 106 Rules.
Section 151 is a salutary provision. It saves inherent powers in every court to secure the ends of justice and also to prevent the abuse of process of the court.
Secttion 153-B as added by the Amendment Act of 1976 expressly declares that the place of trial shall be open to the public. The proviso, however, empowers the Presiding Judge, if he thinks fit, to order that the general public or any particular person shall not have access to the court.
Join us @LAW_Notes_Llb_Notes
❤2
Accord and Satisfaction :
An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim.
Join @Indian_Judiciary_Preparation
Join @IndianJudicial_Services
Join us @Law4CivilServices
Join us @Law_Books_Store
An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim.
Join @Indian_Judiciary_Preparation
Join @IndianJudicial_Services
Join us @Law4CivilServices
Join us @Law_Books_Store
🔆Sabarimala temple case/ Indian Young Lawyers Association vs. the State of Kerala (2018):
( Freedom of Religion)
Supreme Court Allows Women Entry into Sabarimala Temple, which it termed as a violation of women’s right to practice religion.
▪️Issue/dispute at the core:
✅ Essential religious practice, Right to Freedom of Religion vs. constitutionally-guaranteed rights.
✅Constitutional and legislative provisions involved
✅Article 14,15, 21 &25, Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 (restricts the entry of women into the Sabarimala Temple)
▪️Judgment delivered:
✅SC stated that 'devotion cannot be subjected to gender discrimination'.
✅It overturned the 1951 judgment of Bombay High Court in the State of Bombay versus Narasu Appa Mali which held that personal law is not 'law' or 'law in force' under Article 13 and held that immunizing customs takes away the primacy of the constitution.
✅ It takes away the woman’s right against discrimination guaranteed under Article 15(1) of the Constitution and curtails the religious freedom assured by Article 25(1).
✅Preventing women’s entry in the temple with the irrational and obsolete notion of “purity” offends the equality clauses in the Constitution
✅SC held that prohibition founded on the notion that menstruating women are "polluted and impure" is a form of untouchability (Article 17) and the notions stigmatized women.
✅No customs can claim supremacy over the Constitution and its vision of ensuring the sanctity of dignity,
liberty, and equality and customs and personal law have a significant impact on the civil status of individuals.
Join & Share @Case_Law_India
( Freedom of Religion)
Supreme Court Allows Women Entry into Sabarimala Temple, which it termed as a violation of women’s right to practice religion.
▪️Issue/dispute at the core:
✅ Essential religious practice, Right to Freedom of Religion vs. constitutionally-guaranteed rights.
✅Constitutional and legislative provisions involved
✅Article 14,15, 21 &25, Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 (restricts the entry of women into the Sabarimala Temple)
▪️Judgment delivered:
✅SC stated that 'devotion cannot be subjected to gender discrimination'.
✅It overturned the 1951 judgment of Bombay High Court in the State of Bombay versus Narasu Appa Mali which held that personal law is not 'law' or 'law in force' under Article 13 and held that immunizing customs takes away the primacy of the constitution.
✅ It takes away the woman’s right against discrimination guaranteed under Article 15(1) of the Constitution and curtails the religious freedom assured by Article 25(1).
✅Preventing women’s entry in the temple with the irrational and obsolete notion of “purity” offends the equality clauses in the Constitution
✅SC held that prohibition founded on the notion that menstruating women are "polluted and impure" is a form of untouchability (Article 17) and the notions stigmatized women.
✅No customs can claim supremacy over the Constitution and its vision of ensuring the sanctity of dignity,
liberty, and equality and customs and personal law have a significant impact on the civil status of individuals.
Join & Share @Case_Law_India
👍4
CASE : Chairman Railway Board v/s Chandrima Das
[Constitutional Law: Article 21]
A Bangladeshi woman was on the way to Ajmer Sharif. She stayed in Kathik Niwas at Howrah Railway Station. During night she was gangraped. An advocate of Calcutta High Court filed a writ petition in Calcutta High Court claiming that a foreigner woman had right to life and personal liberty under Article 21. Since her right was violated therefore the appropriate compensation must be awarded. The Calcutta High Court awarded Rs. 10 lakhs as compensation accepting her right under Article 21.
On appeal the Supreme Court reaffirmed the decision of the High Court and the Supreme Court observed that even the foreigner women has the right to live with women's dignity.
Join & Share @Case_Law_India
[Constitutional Law: Article 21]
A Bangladeshi woman was on the way to Ajmer Sharif. She stayed in Kathik Niwas at Howrah Railway Station. During night she was gangraped. An advocate of Calcutta High Court filed a writ petition in Calcutta High Court claiming that a foreigner woman had right to life and personal liberty under Article 21. Since her right was violated therefore the appropriate compensation must be awarded. The Calcutta High Court awarded Rs. 10 lakhs as compensation accepting her right under Article 21.
On appeal the Supreme Court reaffirmed the decision of the High Court and the Supreme Court observed that even the foreigner women has the right to live with women's dignity.
Join & Share @Case_Law_India
👍1
Forwarded from Indian Judiciary Preparation PCS J
*भारतीय संविधान के महत्त्वपूर्ण संशोधन*
●. पहला संशोधन (1951) — इस संशोधन द्वारा नौवीं अनुसूची को शामिल किया गया।
●. दूसरा संशोधन (1952) — संसद में राज्यों के प्रतिनिधित्व को निर्धारित किया गया।
●. सातवां संशोधन (1956) — इस संशोधन द्वारा राज्यों का अ, ब, स और द वर्गों में विभाजन समाप्त कर उन्हें 14 राज्यों और 6 केंद्रशासित क्षेत्रों में विभक्त कर दिया गया।
●. दसवां संशोधन (1961) — दादरा और नगर हवेली को भारतीय संघ में शामिल कर उन्हें संघीय क्षेत्र की स्थिति प्रदान की गई।
●. 12वां संशोधन (1962) — गोवा, दमन और दीव का भारतीय संघ में एकीकरण किया गया।
●. 13वां संशोधन (1962) — संविधान में एक नया अनुच्छेद 371 (अ) जोड़ा गया, जिसमें नागालैंड के प्रशासन के लिए कुछ विशेष प्रावधान किए गए। 1दिसंबर, 1963 को नागालैंड को एक राज्य की स्थिति प्रदान कर दी गई।
●. 14वां संशोधन (1963) — पांडिचेरी को संघ राज्य क्षेत्र के रूप में प्रथम अनुसूची में जोड़ा गया तथा इन संघ राज्य क्षेत्रों (हिमाचल प्रदेश, गोवा, दमन और दीव, पांडिचेरी और मणिपुर) में विधानसभाओं की स्थापना की व्यवस्था की गई।
●. 21वां संशोधन (1967) — आठवीं अनुसूची में ‘सिंधी’ भाषा को जोड़ा गया।
●. 22वां संशोधन (1968) — संसद को मेघालय को एक स्वतंत्र राज्य के रूप में स्थापित करने तथा उसके लिए विधानमंडल और मंत्रिपरिषद का उपबंध करने की शक्ति प्रदान की गई।
●. 24वां संशोधन (1971) — संसद को मौलिक अधिकारों सहित संविधान के किसी भी भाग में संशोधन का अधिकार दिया गया।
●. 27वां संशोधन (1971) — उत्तरी-पूर्वी क्षेत्र के पाँच राज्यों तत्कालीन असम, नागालैंड, मेघालय, मणिपुर व त्रिपुरा तथा दो संघीय क्षेत्रों मिजोरम और अरुणालच प्रदेश का गठन किया गया तथा इनमें समन्वय और सहयोग के लिए एक ‘पूर्वोत्तर सीमांत परिषद्’ की स्थापना की गई।
●. 31वां संशोधन (1974) — लोकसभा की अधिकतम सदंस्य संख्या 545 निश्चित की गई। इनमें से 543 निर्वाचित व 2 राष्ट्रपति द्वारा मनोनीत होंगे।
●. 36वां संशोधन (1975) — सिक्किम को भारतीय संघ में 22वें राज्य के रूप में प्रवेश दिया गया।
●. 37वां संशोधन (1975) — अरुणाचल प्रदेश में व्यवस्थापिका तथा मंत्रिपरिषद् की स्थापना की गई।
● 42वां संशोधन (1976) — इसे ‘लघु संविधान’ (Mini Constitution) की संज्ञा प्रदान की गई है।
— इसके द्वारा संविधान की प्रस्तावना में ‘धर्मनिरपेक्ष’, ‘समाजवादी’ और ‘अखंडता’ शब्द जोड़े गए।
— इसके द्वारा अधिकारों के साथ-साथ कर्तव्यों की व्यवस्था करते हुए नागरिकों के 10 मूल कर्त्तव्य निश्चित किए गए।
— लोकसभा तथा विधानसभाओं के कार्यकाल में एक वर्ष की वृद्धि की गई।
— नीति-निर्देशक तत्वों में कुछ नवीन तत्व जोड़े गए।
— इसके द्वारा शिक्षा, नाप-तौल, वन और जंगली जानवर तथा पक्षियों की रक्षा, ये विषय राज्य सूची से निकालकर समवर्ती सूची में रख दिए गए।
— यह व्यवस्था की गई कि अनुच्छेद 352 के अन्तर्गत आपातकाल संपूर्ण देश में लागू किया जा सकता है या देश के किसी एक या कुछ भागों के लिए।
— संसद द्वारा किए गए संविधान संशोधन को न्यायालय में चुनौती देने से वर्जित कर दिया गया।
●. 44वां संशोधन (1978) — संपत्ति के मूलाधिकार को समाप्त करके इसे विधिक अधिकार बना दिया गया।
— लोकसभा तथा राज्य विधानसभाओं की अवधि पुनः 5 वर्ष कर दी गई।
— राष्ट्रपति, उपराष्ट्रपति, प्रधानमंत्री और लोकसभा अध्यक्ष्ज्ञ के चुनाव विवादों की सुनवाई का अधिकार पुनः सर्वोच्च तथा उच्च न्यायालय को ही दे दिया गया।
— मंत्रिमंडल द्वारा राष्ट्रपति को जो भी परामर्श दिया जाएगा, राष्ट्रपति मंत्रिमंडल को उस पर दोबारा विचार करने लिए कह सकेंगे लेकिन पुनर्विचार के बाद मंत्रिमंडल राष्ट्रपति को जो भी परामर्श देगा, राष्ट्रपति उस परामर्श को अनिवार्यतः स्वीकार करेंगे।
— ‘व्यक्ति के जीवन और स्वतंत्रता के अधिकार’ को शासन के द्वारा आपातकाल में भी स्थगित या सीमित नहीं किया जा सकता, आदि।
●. 52वां संशोधन (1985) — इस संशोधन द्वारा संविधान में दसवीं अनुसूची जोड़ी गई। इसके द्वारा राजनीतिक दल-बदल पर कानूनी रोक लगाने की चेष्टा की गई है।
●. 55वां संशोधन (1986) — अरुणाचल प्रदेश को भारतीय संघ के अन्तर्गत राज्य की दर्जा प्रदान की गई।
●. 56वां संशोधन (1987) — इसमें गोवा को पूर्ण राज्य का दर्जा देने तथा ‘दमन व दीव’ को नया संघीय क्षेत्र बनाने की व्यवस्था है।
●. 61वां संशोधन (1989) — मताधिकार के लिए न्यूनतम आवश्यक आयु 21 वर्ष से घटाकर 18 वर्ष कर दी गई।
●. 65वां संशोधन (1990) — ‘अनुसूचित जाति तथा जनजाति आयोग’ के गठन की व्यवस्था की गई।
●. 69वां संशोधन (1991) — दिल्ली का नाम ‘राष्ट्रीय राजधानी राज्य क्षेत्र दिल्ली’ किया गया तथा इसके लिए 70 सदस्यीय विधानसभा तथा 7 सदस्यीय मंत्रिमंडल के गठन का प्रावधान किया गया।
Join @Indian_Judiciary_Preparation
●. पहला संशोधन (1951) — इस संशोधन द्वारा नौवीं अनुसूची को शामिल किया गया।
●. दूसरा संशोधन (1952) — संसद में राज्यों के प्रतिनिधित्व को निर्धारित किया गया।
●. सातवां संशोधन (1956) — इस संशोधन द्वारा राज्यों का अ, ब, स और द वर्गों में विभाजन समाप्त कर उन्हें 14 राज्यों और 6 केंद्रशासित क्षेत्रों में विभक्त कर दिया गया।
●. दसवां संशोधन (1961) — दादरा और नगर हवेली को भारतीय संघ में शामिल कर उन्हें संघीय क्षेत्र की स्थिति प्रदान की गई।
●. 12वां संशोधन (1962) — गोवा, दमन और दीव का भारतीय संघ में एकीकरण किया गया।
●. 13वां संशोधन (1962) — संविधान में एक नया अनुच्छेद 371 (अ) जोड़ा गया, जिसमें नागालैंड के प्रशासन के लिए कुछ विशेष प्रावधान किए गए। 1दिसंबर, 1963 को नागालैंड को एक राज्य की स्थिति प्रदान कर दी गई।
●. 14वां संशोधन (1963) — पांडिचेरी को संघ राज्य क्षेत्र के रूप में प्रथम अनुसूची में जोड़ा गया तथा इन संघ राज्य क्षेत्रों (हिमाचल प्रदेश, गोवा, दमन और दीव, पांडिचेरी और मणिपुर) में विधानसभाओं की स्थापना की व्यवस्था की गई।
●. 21वां संशोधन (1967) — आठवीं अनुसूची में ‘सिंधी’ भाषा को जोड़ा गया।
●. 22वां संशोधन (1968) — संसद को मेघालय को एक स्वतंत्र राज्य के रूप में स्थापित करने तथा उसके लिए विधानमंडल और मंत्रिपरिषद का उपबंध करने की शक्ति प्रदान की गई।
●. 24वां संशोधन (1971) — संसद को मौलिक अधिकारों सहित संविधान के किसी भी भाग में संशोधन का अधिकार दिया गया।
●. 27वां संशोधन (1971) — उत्तरी-पूर्वी क्षेत्र के पाँच राज्यों तत्कालीन असम, नागालैंड, मेघालय, मणिपुर व त्रिपुरा तथा दो संघीय क्षेत्रों मिजोरम और अरुणालच प्रदेश का गठन किया गया तथा इनमें समन्वय और सहयोग के लिए एक ‘पूर्वोत्तर सीमांत परिषद्’ की स्थापना की गई।
●. 31वां संशोधन (1974) — लोकसभा की अधिकतम सदंस्य संख्या 545 निश्चित की गई। इनमें से 543 निर्वाचित व 2 राष्ट्रपति द्वारा मनोनीत होंगे।
●. 36वां संशोधन (1975) — सिक्किम को भारतीय संघ में 22वें राज्य के रूप में प्रवेश दिया गया।
●. 37वां संशोधन (1975) — अरुणाचल प्रदेश में व्यवस्थापिका तथा मंत्रिपरिषद् की स्थापना की गई।
● 42वां संशोधन (1976) — इसे ‘लघु संविधान’ (Mini Constitution) की संज्ञा प्रदान की गई है।
— इसके द्वारा संविधान की प्रस्तावना में ‘धर्मनिरपेक्ष’, ‘समाजवादी’ और ‘अखंडता’ शब्द जोड़े गए।
— इसके द्वारा अधिकारों के साथ-साथ कर्तव्यों की व्यवस्था करते हुए नागरिकों के 10 मूल कर्त्तव्य निश्चित किए गए।
— लोकसभा तथा विधानसभाओं के कार्यकाल में एक वर्ष की वृद्धि की गई।
— नीति-निर्देशक तत्वों में कुछ नवीन तत्व जोड़े गए।
— इसके द्वारा शिक्षा, नाप-तौल, वन और जंगली जानवर तथा पक्षियों की रक्षा, ये विषय राज्य सूची से निकालकर समवर्ती सूची में रख दिए गए।
— यह व्यवस्था की गई कि अनुच्छेद 352 के अन्तर्गत आपातकाल संपूर्ण देश में लागू किया जा सकता है या देश के किसी एक या कुछ भागों के लिए।
— संसद द्वारा किए गए संविधान संशोधन को न्यायालय में चुनौती देने से वर्जित कर दिया गया।
●. 44वां संशोधन (1978) — संपत्ति के मूलाधिकार को समाप्त करके इसे विधिक अधिकार बना दिया गया।
— लोकसभा तथा राज्य विधानसभाओं की अवधि पुनः 5 वर्ष कर दी गई।
— राष्ट्रपति, उपराष्ट्रपति, प्रधानमंत्री और लोकसभा अध्यक्ष्ज्ञ के चुनाव विवादों की सुनवाई का अधिकार पुनः सर्वोच्च तथा उच्च न्यायालय को ही दे दिया गया।
— मंत्रिमंडल द्वारा राष्ट्रपति को जो भी परामर्श दिया जाएगा, राष्ट्रपति मंत्रिमंडल को उस पर दोबारा विचार करने लिए कह सकेंगे लेकिन पुनर्विचार के बाद मंत्रिमंडल राष्ट्रपति को जो भी परामर्श देगा, राष्ट्रपति उस परामर्श को अनिवार्यतः स्वीकार करेंगे।
— ‘व्यक्ति के जीवन और स्वतंत्रता के अधिकार’ को शासन के द्वारा आपातकाल में भी स्थगित या सीमित नहीं किया जा सकता, आदि।
●. 52वां संशोधन (1985) — इस संशोधन द्वारा संविधान में दसवीं अनुसूची जोड़ी गई। इसके द्वारा राजनीतिक दल-बदल पर कानूनी रोक लगाने की चेष्टा की गई है।
●. 55वां संशोधन (1986) — अरुणाचल प्रदेश को भारतीय संघ के अन्तर्गत राज्य की दर्जा प्रदान की गई।
●. 56वां संशोधन (1987) — इसमें गोवा को पूर्ण राज्य का दर्जा देने तथा ‘दमन व दीव’ को नया संघीय क्षेत्र बनाने की व्यवस्था है।
●. 61वां संशोधन (1989) — मताधिकार के लिए न्यूनतम आवश्यक आयु 21 वर्ष से घटाकर 18 वर्ष कर दी गई।
●. 65वां संशोधन (1990) — ‘अनुसूचित जाति तथा जनजाति आयोग’ के गठन की व्यवस्था की गई।
●. 69वां संशोधन (1991) — दिल्ली का नाम ‘राष्ट्रीय राजधानी राज्य क्षेत्र दिल्ली’ किया गया तथा इसके लिए 70 सदस्यीय विधानसभा तथा 7 सदस्यीय मंत्रिमंडल के गठन का प्रावधान किया गया।
Join @Indian_Judiciary_Preparation
👍11❤1
Forwarded from LAW Notes Llb Notes Judiciary Notes
Regulating Act 1773 Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
👍2
DECREE
The adjudication of a court of law may be divided into two classes:
(i) decrees, and
(ii) orders.
In order that a decision of a court may be a "decree", the following elements must be present:
(i) There must be an adjudication;
(ii) Such adjudication must have been done in a suit;
(iii) It must have determined the rights of rights of the parties with regard to all or any of the matters in controversy in the suit;
(iv) Such determination must be of a conclusive nature;
(v) There must be a formal expression of such adjudication.
Join us @LAW_Notes_Llb_Notes
The adjudication of a court of law may be divided into two classes:
(i) decrees, and
(ii) orders.
In order that a decision of a court may be a "decree", the following elements must be present:
(i) There must be an adjudication;
(ii) Such adjudication must have been done in a suit;
(iii) It must have determined the rights of rights of the parties with regard to all or any of the matters in controversy in the suit;
(iv) Such determination must be of a conclusive nature;
(v) There must be a formal expression of such adjudication.
Join us @LAW_Notes_Llb_Notes
👍2😁2
Forwarded from Indian Judiciary Preparation PCS J
▪️National Anthem
🔸 The song Jana-gana-mana, composed originally in Bengali by Rabindranath Tagore, was adopted in
its Hindi version as the National Anthem of India on January 24, 1950.
🔸 It was fi rst sung on December 27, 1911 at the Kolkata Session of the Indian National Congress.
🔸It has fi ve stanzas with fi rst stanza containing the full version of the National Anthem.
🔸 The duration of the National Anthem is approximately 52 seconds.
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
🔸 The song Jana-gana-mana, composed originally in Bengali by Rabindranath Tagore, was adopted in
its Hindi version as the National Anthem of India on January 24, 1950.
🔸 It was fi rst sung on December 27, 1911 at the Kolkata Session of the Indian National Congress.
🔸It has fi ve stanzas with fi rst stanza containing the full version of the National Anthem.
🔸 The duration of the National Anthem is approximately 52 seconds.
Join @Indian_Judiciary_Preparation
Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
👍1🥰1
Forwarded from LAW Notes Llb Notes Judiciary Notes
ANTICIPATORY BAIL
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
Join us @LAW_Notes_Llb_Notes
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
Join us @LAW_Notes_Llb_Notes
😁1