✅ DIRECTIVE PRINCIPLES OF STATE POLICY
🔸According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
🔸They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
🔸The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
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🔸According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
🔸They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
🔸The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
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✅STRIDHAN
According to the Smritikars, the stridhan constituted those properties which a woman had received by way of gift from the relations which included mostly movable property such as ornaments, jewellery and dresses. The gifts made to her by strangers at the time of the ceremony of marriage or at the time of bridal procession also constituted her stridhan.
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According to the Smritikars, the stridhan constituted those properties which a woman had received by way of gift from the relations which included mostly movable property such as ornaments, jewellery and dresses. The gifts made to her by strangers at the time of the ceremony of marriage or at the time of bridal procession also constituted her stridhan.
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आचार संहिता @lawforcivilservices.pdf
933 KB
# आचार संहिता
# In Hindi
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# In Hindi
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FUNDAMENTAL DUTIES @lawforcivilservices.pdf
60.9 KB
# FUNDAMENTAL DUTIES
# In Hindi
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# In Hindi
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Look out notice in Indian law
Lookout Notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry. 3. The notice issuing agency must give full identification details of the accused person on an already prescribed format.
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Lookout Notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry. 3. The notice issuing agency must give full identification details of the accused person on an already prescribed format.
Join us @Law_Students_Zone
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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).
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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
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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).
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✅ 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).
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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
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🔆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
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✅ 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).
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Join @Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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🔆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.
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( 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
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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.
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[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
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