Forwarded from Judicial Services PCS J
#ULTRA VIRES :-
Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires. If it is done without such authority, it is ultra vires.
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Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires. If it is done without such authority, it is ultra vires.
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Forwarded from LAW Notes Llb Notes Judiciary Notes
Fiscal responsibility and Budget Management (FRBM) Act
* It was enacted by Parliament in 2003.
# The objectives of the act are
* To ensure fiscal discipline in government finances
* Inter-generational equity in fiscal management
* Long-term macro-economic stability.
# Following documents were supposed to be placed in the Parliament annually along with the Budget, to ensure transparency & accountability in fiscal operations:
* Macroeconomic Framework Statement
* Fiscal Policy Strategy Statement
* Medium Term Fiscal Policy Statement
* Medium Term Expenditure Framework Statement
# Among other targets, the act mandated the reduction of the fiscal deficit to 3% of GDP – Initial goal was March 31, 2009 but it has been postponed since 2008 to the most recent target of 3.1% for March 2023.
# FRBM Act and State government
* To ensure that the States too are financially prudent, the 12th Finance Commission’s recommendations in 2004 linked debt relief to States with their enactment of similar laws.
* The States have since enacted their own respective Financial Responsibility Legislation, which sets the same 3% of Gross State Domestic Product (GSDP) cap on their annual budget deficits.
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* It was enacted by Parliament in 2003.
# The objectives of the act are
* To ensure fiscal discipline in government finances
* Inter-generational equity in fiscal management
* Long-term macro-economic stability.
# Following documents were supposed to be placed in the Parliament annually along with the Budget, to ensure transparency & accountability in fiscal operations:
* Macroeconomic Framework Statement
* Fiscal Policy Strategy Statement
* Medium Term Fiscal Policy Statement
* Medium Term Expenditure Framework Statement
# Among other targets, the act mandated the reduction of the fiscal deficit to 3% of GDP – Initial goal was March 31, 2009 but it has been postponed since 2008 to the most recent target of 3.1% for March 2023.
# FRBM Act and State government
* To ensure that the States too are financially prudent, the 12th Finance Commission’s recommendations in 2004 linked debt relief to States with their enactment of similar laws.
* The States have since enacted their own respective Financial Responsibility Legislation, which sets the same 3% of Gross State Domestic Product (GSDP) cap on their annual budget deficits.
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Forwarded from LAW Notes Llb Notes Judiciary Notes
Comptroller and Auditor General of India
*The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
* The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President.
*The salary, service conditions, leaves of absence, pension and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure.
*The CAG is not eligible for any further office after the end of their tenure either in the Government of India or any State Government.
* The administrative expenses of the office of CAG, including salaries, allowances and pensions serving in that office are charged up on the Consolidated Fund of India.Thus they are not subjected to the vote of Parliament.
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*The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
* The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President.
*The salary, service conditions, leaves of absence, pension and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure.
*The CAG is not eligible for any further office after the end of their tenure either in the Government of India or any State Government.
* The administrative expenses of the office of CAG, including salaries, allowances and pensions serving in that office are charged up on the Consolidated Fund of India.Thus they are not subjected to the vote of Parliament.
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Forwarded from Indian Judiciary Preparation PCS J
🔰 Salient Features of the 73rd Constitutional Amendment 🔰
================================
🔹 The 73rd Constitutional Amendment added Part IX titled “The Panchayats” to the Constitution.
🔹 Basic unit of democratic system-Gram Sabhas (villages) comprising all the adult members registered as voters.
🔹 Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
🔹 Seats at all levels to be filled by direct elections (Article 243C (2)).
🔹 Reservation of Seats:
➨ Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
➨ One-third of the total number of seats to be reserved for women.
➨ One-third offices of chairpersons at all levels reserved for women (Article 243D).
🔹 Duration:
➨ Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
➨ In the event of dissolution, elections compulsorily within six months (Article 243E).
🔹 Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
🔹 Power of Panchayats: Panchayats have been authorised to prepare plans for economic development and social justice in respect of subjects illustrated in Eleventh Schedule (Article 243G).
🔹 Source of Revenue (Article 243H): State legislature may authorise the Panchayats with
➨ Budgetary allocation from State Revenue.
➨ Share of revenue of certain taxes.
➨ Collection and retention of the revenue it raises.
🔹 Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
🔹 Exemptions:
➨ The Act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas because of socio-cultural and administrative considerations. These areas include:
➖the Scheduled areas and the tribal areas (under Schedule VI of the Constitution) in the states.
➖the hill areas of Manipur for which district councils exist,
➖Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
➨ However, the Parliament has extended the provisions of Part IX to Vth schedule areas through an Act called the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.
➖At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Area.
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================================
🔹 The 73rd Constitutional Amendment added Part IX titled “The Panchayats” to the Constitution.
🔹 Basic unit of democratic system-Gram Sabhas (villages) comprising all the adult members registered as voters.
🔹 Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
🔹 Seats at all levels to be filled by direct elections (Article 243C (2)).
🔹 Reservation of Seats:
➨ Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
➨ One-third of the total number of seats to be reserved for women.
➨ One-third offices of chairpersons at all levels reserved for women (Article 243D).
🔹 Duration:
➨ Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
➨ In the event of dissolution, elections compulsorily within six months (Article 243E).
🔹 Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
🔹 Power of Panchayats: Panchayats have been authorised to prepare plans for economic development and social justice in respect of subjects illustrated in Eleventh Schedule (Article 243G).
🔹 Source of Revenue (Article 243H): State legislature may authorise the Panchayats with
➨ Budgetary allocation from State Revenue.
➨ Share of revenue of certain taxes.
➨ Collection and retention of the revenue it raises.
🔹 Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
🔹 Exemptions:
➨ The Act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas because of socio-cultural and administrative considerations. These areas include:
➖the Scheduled areas and the tribal areas (under Schedule VI of the Constitution) in the states.
➖the hill areas of Manipur for which district councils exist,
➖Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
➨ However, the Parliament has extended the provisions of Part IX to Vth schedule areas through an Act called the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.
➖At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Area.
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Forwarded from Indian Judiciary Preparation PCS J
◾️Family Courts Act 1984:
✅Establishment of Family Courts:
The Family Courts Act, 1984 was enacted for the establishment of Family Courts with a view to promote conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and for related matters.
✅Appointment of Judges:
The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.
✅Association of Social Welfare Agencies:
The State Government may provide with a Family Court of:
Institutions or organizations engaged in social welfare.
Persons professionally engaged in promoting the welfare of the family.
Persons working in the field of social welfare.
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✅Establishment of Family Courts:
The Family Courts Act, 1984 was enacted for the establishment of Family Courts with a view to promote conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and for related matters.
✅Appointment of Judges:
The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.
✅Association of Social Welfare Agencies:
The State Government may provide with a Family Court of:
Institutions or organizations engaged in social welfare.
Persons professionally engaged in promoting the welfare of the family.
Persons working in the field of social welfare.
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Forwarded from Indian Judiciary Preparation PCS J
🔆Family Courts (Amendment) Bill, 2022
The Rajya Sabha on Thursday passed the Family Courts (Amendment) Bill, 2022 by voice vote.
✅The Bill makes a provision to grant statutory cover to family courts set up in Himachal Pradesh and Nagaland.
📍Key Amendments:
✅Sub-section 3 of section 1: The Bill seeks to insert a provision in sub-section 3 of section 1 to provide for the establishment of family courts in Himachal Pradesh with effect from February 15, 2019 and in Nagaland with effect from September 12, 2008.
✅Section 3A: It also seeks to insert a new section 3A to retrospectively validate all actions under the act taken by the governments of Himachal Pradesh and Nagaland and the family courts of these states.
✅Retrospective effect: The establishment of Family Courts in both states will be retrospectively valid from these dates.
✅All actions taken under the Act in both the states, including the appointment of judges and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.
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The Rajya Sabha on Thursday passed the Family Courts (Amendment) Bill, 2022 by voice vote.
✅The Bill makes a provision to grant statutory cover to family courts set up in Himachal Pradesh and Nagaland.
📍Key Amendments:
✅Sub-section 3 of section 1: The Bill seeks to insert a provision in sub-section 3 of section 1 to provide for the establishment of family courts in Himachal Pradesh with effect from February 15, 2019 and in Nagaland with effect from September 12, 2008.
✅Section 3A: It also seeks to insert a new section 3A to retrospectively validate all actions under the act taken by the governments of Himachal Pradesh and Nagaland and the family courts of these states.
✅Retrospective effect: The establishment of Family Courts in both states will be retrospectively valid from these dates.
✅All actions taken under the Act in both the states, including the appointment of judges and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.
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Forwarded from Indian Judiciary Preparation PCS J
⚛Post of Deputy CM
✅Articles 163-164 deals with Council of Ministers (CoM) in states.
✅Article 163(1) of the Constitution says, “There shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions”.
✅Article 164 (1) says “there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions.”
✅Hence, neither Article 163 nor Article 164 mentions a Deputy Chief Minister.
✅Therefore, the post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state).
✅The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
✅Ten other states in the country (besides Karnataka) currently have Deputy CMs.
✅Perhaps the first Deputy CM in India was Anugrah Narayan Sinha. He was served as the Deputy Chief Minister cum Finance Minister from the time of the first Congress Ministry of Bihar in 1937 till his death on 5 July 1957.
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✅Articles 163-164 deals with Council of Ministers (CoM) in states.
✅Article 163(1) of the Constitution says, “There shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions”.
✅Article 164 (1) says “there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions.”
✅Hence, neither Article 163 nor Article 164 mentions a Deputy Chief Minister.
✅Therefore, the post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state).
✅The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
✅Ten other states in the country (besides Karnataka) currently have Deputy CMs.
✅Perhaps the first Deputy CM in India was Anugrah Narayan Sinha. He was served as the Deputy Chief Minister cum Finance Minister from the time of the first Congress Ministry of Bihar in 1937 till his death on 5 July 1957.
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Forwarded from Indian Judiciary Preparation PCS J
⚛Preamble:
✅ Adopted from US constitution.
✅ Introduction or Preface to Constitution.
✅ Identity card of Constitution.
✅ Based upon ‘Objective resolution’ of Nehru.
✅ Source is People.
✅ Non justiciable.
✅ Neither source of power nor any restriction over legislature.
✅ Preamble can be amended but it should not alter basic feature of Constitution.
✅ preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
▪️Sovereign meaning:
✅ the word ‘sovereign’ is taken from constitution of Ireland.
✅ India as independent nation.
✅ Free to take own decisions.
✅ Freedom to conduct its foreign relations.
✅ India can acquire foreign territory or cede its territory to other country.
▪️Socialist meaning:
✅ was not originally mentioned in Constitution.
✅ DPSP implicitly made India a socialist state.
✅ INC in Avadi session declared socialist pattern of society.
✅ India is democratic/Gandhian socialism not communist Socialism.
✅ Indian socialism is mixed of Gandhian and Marxist Socialism.
✅ wealth should be shared equally by society through distributive justice.
✅ Not concentrated in the hands of few.
▪️Republic meaning:
✅ Head of state is always elected.
✅ India is republic since head of state i.e. President is elected not hereditary.
✅ Absence of any privileged class.
✅ Political sovereignty into people.
✅Voice of people is paramount.
▪️Justice meaning:
✅ adopted from Russian revolution.
✅ Social justice: equal treatment for all (no privileges) with preferential treatment towards weaker section of society.
✅ Economic justice: elimination of economic inequality.
✅ Political justice: equal political right, voice, choice.
▪️Liberty Meaning:
✅ From French revolution.
✅ Absence of restraints.
✅ Opportunity to individual to enjoy freedom and strive for development.
✅ Thought, expression, belief, faith and worship.
✅ Liberty is qualified and subjected to reasonable restriction.
▪️Preamble signify:
✅ Basic philosophy.
✅ Ideology.
✅ Values of constitution.
✅ Dream of our forefathers.
✅ Horoscope of Nation.
✅ Key note to Constitution
✅ Declaration of Independence.
✅ Preamble is part of Constitution.
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✅ Adopted from US constitution.
✅ Introduction or Preface to Constitution.
✅ Identity card of Constitution.
✅ Based upon ‘Objective resolution’ of Nehru.
✅ Source is People.
✅ Non justiciable.
✅ Neither source of power nor any restriction over legislature.
✅ Preamble can be amended but it should not alter basic feature of Constitution.
✅ preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
▪️Sovereign meaning:
✅ the word ‘sovereign’ is taken from constitution of Ireland.
✅ India as independent nation.
✅ Free to take own decisions.
✅ Freedom to conduct its foreign relations.
✅ India can acquire foreign territory or cede its territory to other country.
▪️Socialist meaning:
✅ was not originally mentioned in Constitution.
✅ DPSP implicitly made India a socialist state.
✅ INC in Avadi session declared socialist pattern of society.
✅ India is democratic/Gandhian socialism not communist Socialism.
✅ Indian socialism is mixed of Gandhian and Marxist Socialism.
✅ wealth should be shared equally by society through distributive justice.
✅ Not concentrated in the hands of few.
▪️Republic meaning:
✅ Head of state is always elected.
✅ India is republic since head of state i.e. President is elected not hereditary.
✅ Absence of any privileged class.
✅ Political sovereignty into people.
✅Voice of people is paramount.
▪️Justice meaning:
✅ adopted from Russian revolution.
✅ Social justice: equal treatment for all (no privileges) with preferential treatment towards weaker section of society.
✅ Economic justice: elimination of economic inequality.
✅ Political justice: equal political right, voice, choice.
▪️Liberty Meaning:
✅ From French revolution.
✅ Absence of restraints.
✅ Opportunity to individual to enjoy freedom and strive for development.
✅ Thought, expression, belief, faith and worship.
✅ Liberty is qualified and subjected to reasonable restriction.
▪️Preamble signify:
✅ Basic philosophy.
✅ Ideology.
✅ Values of constitution.
✅ Dream of our forefathers.
✅ Horoscope of Nation.
✅ Key note to Constitution
✅ Declaration of Independence.
✅ Preamble is part of Constitution.
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Forwarded from Indian Judiciary Preparation PCS J
👁🗨Article 239AA
🔲Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. That’s when Delhi was named as National Capital Region (NCT) of Delhi.
🔲As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.
🔲Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws.
🔲Further, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land – LG would not need aid and advise from the Council of Ministers. For other matters enumerated in the State List, this arrangement would work.
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🔲Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. That’s when Delhi was named as National Capital Region (NCT) of Delhi.
🔲As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.
🔲Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws.
🔲Further, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land – LG would not need aid and advise from the Council of Ministers. For other matters enumerated in the State List, this arrangement would work.
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Forwarded from Indian Judiciary Preparation PCS J
👁🗨Article 239 AB
🔲Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
🔲Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be ‘carried on in accordance with the provisions of the Constitution.’ This power to impose ‘President’s Rule’ has mostly been exercised in two limited circumstances — where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
🔲Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
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🔲Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
🔲Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be ‘carried on in accordance with the provisions of the Constitution.’ This power to impose ‘President’s Rule’ has mostly been exercised in two limited circumstances — where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
🔲Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
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Forwarded from Indian Judiciary Preparation PCS J
💠9th, 10th, 11th and 12th Schedule
🛡️Ninth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
🛡️However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
🛡️10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
🛡️11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
🛡️12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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🛡️Ninth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
🛡️However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
🛡️10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
🛡️11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
🛡️12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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Forwarded from Law For Civil Services
🛑 What is Judicial Review? 🛑
▪️ Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
▪️ The doctrine of judicial review originated and developed in the USA.
▪️ It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court.
▪️ The Judicial Review has been classified into three categories:
▪️ Judicial review of constitutional amendments.
▪️ Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.
▪️ Judicial review of administrative action of the Union and State and authorities under the state.
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▪️ Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
▪️ The doctrine of judicial review originated and developed in the USA.
▪️ It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court.
▪️ The Judicial Review has been classified into three categories:
▪️ Judicial review of constitutional amendments.
▪️ Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.
▪️ Judicial review of administrative action of the Union and State and authorities under the state.
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Forwarded from Recent Case Law India
Scope and Ambit of Powers Of Courts U/s 319 CrPC : Supreme Court Summarize Principles ...
Case Title: Manjeet Singh v State of Haryana LL 2021 SC 398
The Supreme Court, in a judgment delivered on Tuesday 24th of August, 2021, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.
Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were named in the FIR but not implicated in the charge-sheet has gone, in that case also, the court is still not powerless by virtue of Section 319 CrPC, the bench of Justices DY Chandrachud and MR Shah observed.
These observations were made in the appeal arising out of a murder case against the Trial Court's dismissal of the application under Section 319 CrPC and refusing to summon some persons to face the trial in exercising the powers under Section 319 CrPC. The High Court had upheld the Trial Court.
The bench, allowing the appeal, summarized the principles as follows:
1. While exercising the powers under Section 319 CrPC and to summon the persons not charge-sheeted, the entire effort is not to allow the real perpetrator of an offence to get away unpunished;
2. For the empowerment of the courts to ensure that the criminal administration of justice works properly;
3. The law has been properly codified and modified by the legislature under the CrPC indicating as to how the courts should proceed to ultimately find out the truth so that the innocent does not get punished but at the same time, the guilty are brought to book under the law;
4. to discharge duty of the court to find out the real truth and to ensure that the guilty does not go unpunished;
5. where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial;
6. Section 319 CrPC allows the court to proceed against any person who is not an accused in a case before it;
7. the court is the sole repository of justice and a duty is cast upon it to uphold the rule of law and, therefore, it will be inappropriate to deny the existence of such powers with the courts in our criminal justice system where it is not uncommon that the real accused, at times, get away by manipulating the investigating and/or the prosecuting agency;
8. Section 319 CrPC is an enabling provision empowering the court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial;
9. the power under Section 319(1) CrPC can be exercised at any stage after the charge-sheet is filed and before the pronouncement of judgment, except during the stage of Sections 207/208 CrPC, committal, etc. which is only a pretrial stage intended to put the process into motion;
10. the court can exercise the power under Section 319 CrPC only after the trial proceeds and commences with the recording of the evidence;
11. the word "evidence" in Section 319 CrPC means only such evidence as is made before the court, in relation to statements, and as produced before the court, in relation to documents;
12. it is only such evidence that can be taken into account by the Magistrate or the court to decide whether the power under Section 319 CrPC is to be exercised and not on the basis of material collected during the investigation;
13. if the Magistrate/court is convinced even on the basis of evidence appearing in examination-in-chief, it can exercise the power under Section 319 CrPC and can proceed against such other person(s);
14. that the Magistrate/court is convinced even on the basis of evidence appearing in examination-in-chief, powers under Section 319 CrPC can be exercised;
15. that power under Section 319 CrPC can be exercised even at the stage of completion of examination-in-chief and the court need not has to wait till the said evidence is tested on cross-examination
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Case Title: Manjeet Singh v State of Haryana LL 2021 SC 398
The Supreme Court, in a judgment delivered on Tuesday 24th of August, 2021, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.
Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were named in the FIR but not implicated in the charge-sheet has gone, in that case also, the court is still not powerless by virtue of Section 319 CrPC, the bench of Justices DY Chandrachud and MR Shah observed.
These observations were made in the appeal arising out of a murder case against the Trial Court's dismissal of the application under Section 319 CrPC and refusing to summon some persons to face the trial in exercising the powers under Section 319 CrPC. The High Court had upheld the Trial Court.
The bench, allowing the appeal, summarized the principles as follows:
1. While exercising the powers under Section 319 CrPC and to summon the persons not charge-sheeted, the entire effort is not to allow the real perpetrator of an offence to get away unpunished;
2. For the empowerment of the courts to ensure that the criminal administration of justice works properly;
3. The law has been properly codified and modified by the legislature under the CrPC indicating as to how the courts should proceed to ultimately find out the truth so that the innocent does not get punished but at the same time, the guilty are brought to book under the law;
4. to discharge duty of the court to find out the real truth and to ensure that the guilty does not go unpunished;
5. where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial;
6. Section 319 CrPC allows the court to proceed against any person who is not an accused in a case before it;
7. the court is the sole repository of justice and a duty is cast upon it to uphold the rule of law and, therefore, it will be inappropriate to deny the existence of such powers with the courts in our criminal justice system where it is not uncommon that the real accused, at times, get away by manipulating the investigating and/or the prosecuting agency;
8. Section 319 CrPC is an enabling provision empowering the court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial;
9. the power under Section 319(1) CrPC can be exercised at any stage after the charge-sheet is filed and before the pronouncement of judgment, except during the stage of Sections 207/208 CrPC, committal, etc. which is only a pretrial stage intended to put the process into motion;
10. the court can exercise the power under Section 319 CrPC only after the trial proceeds and commences with the recording of the evidence;
11. the word "evidence" in Section 319 CrPC means only such evidence as is made before the court, in relation to statements, and as produced before the court, in relation to documents;
12. it is only such evidence that can be taken into account by the Magistrate or the court to decide whether the power under Section 319 CrPC is to be exercised and not on the basis of material collected during the investigation;
13. if the Magistrate/court is convinced even on the basis of evidence appearing in examination-in-chief, it can exercise the power under Section 319 CrPC and can proceed against such other person(s);
14. that the Magistrate/court is convinced even on the basis of evidence appearing in examination-in-chief, powers under Section 319 CrPC can be exercised;
15. that power under Section 319 CrPC can be exercised even at the stage of completion of examination-in-chief and the court need not has to wait till the said evidence is tested on cross-examination
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Forwarded from Recent Case Law India
Mutation entry does not confer any right, title or interest in favour of any person: Supreme Court
Case: Jitendra Singh vs. State of Madhya Pradesh ; SLP(C) 13146/2021
Citation: LL 2021 SC 430
Coram: Justice MR Shah and Aniruddha Bose
Counsel: Adv Rajesh Inamdar for petitioner, Adv G.V. Chandrasekar for respondent
Wednesday 08 September, 2021
The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person.
"If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made, the bench of Justices MR Shah and Aniruddha Bose observed.
In this case, the Additional Commissioner, Rewa Division, Rewa, directed to mutate the name of the petitioner in the revenue records, on the basis of the a will produced by him. The Madhya Pradesh High Court, in a petition filed by some parties, set aside the order and directed the petitioner to approach the appropriate court to crystalise his rights on the basis of the alleged will dated 20.05.1998. The petitioner therefore filed Special Leave Petition before the Apex Court
'5..Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made", the bench observed.
The court referred to the judgment in Balwant Singh v. Daulat Singh (D) (1997) 7 SCC 137.
"Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) By Lrs., reported in (1997) 7 SCC 137, this Court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter.", the Court said.
The bench further noted that in Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it was held that an entry in revenue records does not confer title on a person whose name appears in record-of-rights.
"Entries in the revenue records or jamabandi have only "fiscal purpose", i.e., payment of land revenue, and no ownership is conferred on the basis of such entries. It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court.", it noted.
The court noticed that similar view has been expressed in the cases of Suman Verma v. Union of India, (2004) 12 SCC 58; Faqruddin v. Tajuddin (2008) 8 SCC 12; Rajinder Singh v. State of J&K, (2008) 9 SCC 368; Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342; Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259; and Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.
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Case: Jitendra Singh vs. State of Madhya Pradesh ; SLP(C) 13146/2021
Citation: LL 2021 SC 430
Coram: Justice MR Shah and Aniruddha Bose
Counsel: Adv Rajesh Inamdar for petitioner, Adv G.V. Chandrasekar for respondent
Wednesday 08 September, 2021
The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person.
"If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made, the bench of Justices MR Shah and Aniruddha Bose observed.
In this case, the Additional Commissioner, Rewa Division, Rewa, directed to mutate the name of the petitioner in the revenue records, on the basis of the a will produced by him. The Madhya Pradesh High Court, in a petition filed by some parties, set aside the order and directed the petitioner to approach the appropriate court to crystalise his rights on the basis of the alleged will dated 20.05.1998. The petitioner therefore filed Special Leave Petition before the Apex Court
'5..Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made", the bench observed.
The court referred to the judgment in Balwant Singh v. Daulat Singh (D) (1997) 7 SCC 137.
"Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) By Lrs., reported in (1997) 7 SCC 137, this Court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter.", the Court said.
The bench further noted that in Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it was held that an entry in revenue records does not confer title on a person whose name appears in record-of-rights.
"Entries in the revenue records or jamabandi have only "fiscal purpose", i.e., payment of land revenue, and no ownership is conferred on the basis of such entries. It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court.", it noted.
The court noticed that similar view has been expressed in the cases of Suman Verma v. Union of India, (2004) 12 SCC 58; Faqruddin v. Tajuddin (2008) 8 SCC 12; Rajinder Singh v. State of J&K, (2008) 9 SCC 368; Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342; Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259; and Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.
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Forwarded from UPSC Prelims Mains Notes
🏵SYNTHESIS OF PARLIAMENTARY SOVEREIGNTY AND JUDICIAL SUPREMACY
🛡The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court.
🛡Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US.
🛡This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).
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🛡The doctrine of sovereignty of Parliament is associated with the British Parliament, while the principle of judicial supremacy with that of the American Supreme Court.
🛡Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US.
🛡This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).
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Forwarded from Indian Judiciary Preparation PCS J
🛡केन्द्र-राज्य प्रशासनिक सम्बन्धों से जुड़े अनुच्छेद
🔲 अनुच्छेद 256 — राज्यों की और संघ की बाध्यता
🔲 अनुच्छेद 257 — कुछ दशाओं में राज्यों पर संघ का नियंत्रण
🔲 अनुच्छेद 257 क — राज्यों को सशस्त्र बलों अथवा संघ के अन्य बलों की तैनाती में सहयोग (निरस्त)
🔲 अनुच्छेद 258 — कुछ दशाओं में राज्यों को शक्ति प्रदान करने आदि की संघ की शक्ति
🔲 अनुच्छेद 258क — संघ को कृत्य सौंपने की राज्यों की शक्ति
🔲 अनुच्छेद 259 — पहली अनुसूची के भाग-बी में राज्यों में सशस्त्र बल (निरस्त)
🔲 अनुच्छेद 260 — भारत के बाहर के राज्य क्षेत्रों के संबंध में संघ की अधिकारिता
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🔲 अनुच्छेद 256 — राज्यों की और संघ की बाध्यता
🔲 अनुच्छेद 257 — कुछ दशाओं में राज्यों पर संघ का नियंत्रण
🔲 अनुच्छेद 257 क — राज्यों को सशस्त्र बलों अथवा संघ के अन्य बलों की तैनाती में सहयोग (निरस्त)
🔲 अनुच्छेद 258 — कुछ दशाओं में राज्यों को शक्ति प्रदान करने आदि की संघ की शक्ति
🔲 अनुच्छेद 258क — संघ को कृत्य सौंपने की राज्यों की शक्ति
🔲 अनुच्छेद 259 — पहली अनुसूची के भाग-बी में राज्यों में सशस्त्र बल (निरस्त)
🔲 अनुच्छेद 260 — भारत के बाहर के राज्य क्षेत्रों के संबंध में संघ की अधिकारिता
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Forwarded from Indian Judiciary Preparation PCS J
🛡 CENTRE-STATE ADMINISTRATIVE RELATIONS
🔲 Article 256 — Obligation of states and the Union
🔲 Article 257 — Control of the Union over states in certain cases
🔲 Article 257A — Assistance to States by deployment of armed forces or other forces of the Union (Repealed)
🔲 Article 258 — Power of the Union to confer powers, etc., on states in certain cases
🔲 Article 258A — Power of the states to entrust functions to the union.
🔲 Article 259 — Armed Forces in States in Part B of the First Schedule (Repealed)
🔲 Article 260 — Jurisdiction of the Union in relation to territories outside India
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🔲 Article 256 — Obligation of states and the Union
🔲 Article 257 — Control of the Union over states in certain cases
🔲 Article 257A — Assistance to States by deployment of armed forces or other forces of the Union (Repealed)
🔲 Article 258 — Power of the Union to confer powers, etc., on states in certain cases
🔲 Article 258A — Power of the states to entrust functions to the union.
🔲 Article 259 — Armed Forces in States in Part B of the First Schedule (Repealed)
🔲 Article 260 — Jurisdiction of the Union in relation to territories outside India
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Forwarded from Indian Judiciary Preparation PCS J
🟢 Committees Of The Constituent Assembly
Major Committees
◾️ Union Powers Committee - Jawaharlal Nehru
◾️ Union Constitution Committee -Jawaharlal Nehru
◾️ Provincial Constitution Committee -Sardar Patel
◾️ Drafting Committee - Dr. B.R. Ambedkar
◾️ Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel.
This committee had the following five sub- committees :-
◾️ Fundamental Rights Sub-Committee - J.B. Kripalani
◾️ Minorities Sub-Committee - H.C. Mukherjee
◾️ North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee - Gopinath Bardoloi
◾️ Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee - A.V. Thakkar
◾️ North-West Frontier Tribal Areas Sub-Committee.
◾️ Rules of Procedure Committee - Dr. Rajendra Prasad
◾️ States Committee (Committee for Negotiating with States) - Jawaharlal Nehru
◾️ Steering Committee - Dr. Rajendra Prasad
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Major Committees
◾️ Union Powers Committee - Jawaharlal Nehru
◾️ Union Constitution Committee -Jawaharlal Nehru
◾️ Provincial Constitution Committee -Sardar Patel
◾️ Drafting Committee - Dr. B.R. Ambedkar
◾️ Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel.
This committee had the following five sub- committees :-
◾️ Fundamental Rights Sub-Committee - J.B. Kripalani
◾️ Minorities Sub-Committee - H.C. Mukherjee
◾️ North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee - Gopinath Bardoloi
◾️ Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee - A.V. Thakkar
◾️ North-West Frontier Tribal Areas Sub-Committee.
◾️ Rules of Procedure Committee - Dr. Rajendra Prasad
◾️ States Committee (Committee for Negotiating with States) - Jawaharlal Nehru
◾️ Steering Committee - Dr. Rajendra Prasad
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Forwarded from Indian Judiciary Preparation PCS J
🔷भारत परिषद अधिनियम 1909:
🔶इसे मार्ले-मिंटो सुधारों के रूप में भी जाना जाता है
🔶केंद्र और प्रांतों में विधान परिषदों के आकार में उल्लेखनीय वृद्धि हुई। केंद्रीय परिषद में सदस्यों की संख्या 16 से बढ़कर 60 हो गई
साम्प्रदायिक प्रतिनिधित्व की शुरुआत, मुसलमानों के लिए पृथक निर्वाचक मंडल। लार्ड मिंटो साम्प्रदायिक निर्वाचन के जनक माने जाते हैं
🔶वायसराय और गवर्नर की कार्यकारी परिषदों में भारतीयों को अनुमति दी गई थी
परिषदों को किसी भी मामले पर चर्चा करने, बजट पर प्रस्ताव पेश करना और पूरक प्रश्न पूछने का अधिकार दिया गया
🔷भारत शासन अधिनियम 1919:
🔶इसे मोंटेग्यू-चेम्सफोर्ड सुधारों के रूप में भी जाना जाता है
🔶केंद्रीय विषयों तथा प्रांतीय विषयों का सीमांकन किया गया
🔶प्रांतीय स्तर पर "द्वैध शासन" शुरू किया गया
🔶द्वैध शासन व्यवस्था के तहत, प्रांतीय विषयों को हस्तांतरित और आरक्षित विषयों में विभाजित किया गया था- गवर्नर आरक्षित विषयों पर विधान परिषद के प्रति उत्तरदायी नहीं था
पहली बार, केंद्र में द्विसदनीय व्यवस्था की शुरुआत की गई थी
🔶प्रत्यक्ष चुनाव
🔶अधिनियम के अनुसार ,वायसराय की कार्यकारी परिषद के 6 सदस्यों (कमांडर-इन-चीफ के अलावा) में से 3 भारतीय होने थे
🔶केंद्रीय लोक सेवा आयोग की स्थापना का प्रावधान किया गया
🔷भारत सरकार अधिनियम 1935
🔶एक अखिल भारतीय संघ की स्थापना के लिए प्रस्तावित अधिनियम, जिसमें प्रांतों और रियासतों को इकाइयों के रूप में शामिल किया गया था, हालांकि संघ कभी अस्तित्व में नहीं आया
🔶अधिनियम ने केंद्र और इकाइयों के बीच शक्तियों को संघीय सूची, प्रांतीय सूची और समवर्ती सूची में विभाजित किया
🔶अवशिष्ट शक्तियाँ वायसराय में निहित थीं
केंद्र में द्वैध शासन को अपनाने का प्रावधान
6 प्रांतों अर्थात बंगाल, बॉम्बे, मद्रास, बिहार, असम और संयुक्त प्रांतों में द्विसदनीय विधान परिषद् एवं विधान सभा की शुरुआत की
🔶भारतीय रिजर्व बैंक की स्थापना
संघीय न्यायालय की स्थापना1947 का भारतीय
🔷 स्वतंत्रता अधिनियमः
🔶इसने भारत में ब्रिटिश शासन को समाप्त कर
🔶 दिया और भारत को एक स्वतंत्र राष्ट्र घोषित कर दिया
🔶भारत का विभाजन किया गया
भारत सचिव के कार्यालय को भंग किया गया
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🔶इसे मार्ले-मिंटो सुधारों के रूप में भी जाना जाता है
🔶केंद्र और प्रांतों में विधान परिषदों के आकार में उल्लेखनीय वृद्धि हुई। केंद्रीय परिषद में सदस्यों की संख्या 16 से बढ़कर 60 हो गई
साम्प्रदायिक प्रतिनिधित्व की शुरुआत, मुसलमानों के लिए पृथक निर्वाचक मंडल। लार्ड मिंटो साम्प्रदायिक निर्वाचन के जनक माने जाते हैं
🔶वायसराय और गवर्नर की कार्यकारी परिषदों में भारतीयों को अनुमति दी गई थी
परिषदों को किसी भी मामले पर चर्चा करने, बजट पर प्रस्ताव पेश करना और पूरक प्रश्न पूछने का अधिकार दिया गया
🔷भारत शासन अधिनियम 1919:
🔶इसे मोंटेग्यू-चेम्सफोर्ड सुधारों के रूप में भी जाना जाता है
🔶केंद्रीय विषयों तथा प्रांतीय विषयों का सीमांकन किया गया
🔶प्रांतीय स्तर पर "द्वैध शासन" शुरू किया गया
🔶द्वैध शासन व्यवस्था के तहत, प्रांतीय विषयों को हस्तांतरित और आरक्षित विषयों में विभाजित किया गया था- गवर्नर आरक्षित विषयों पर विधान परिषद के प्रति उत्तरदायी नहीं था
पहली बार, केंद्र में द्विसदनीय व्यवस्था की शुरुआत की गई थी
🔶प्रत्यक्ष चुनाव
🔶अधिनियम के अनुसार ,वायसराय की कार्यकारी परिषद के 6 सदस्यों (कमांडर-इन-चीफ के अलावा) में से 3 भारतीय होने थे
🔶केंद्रीय लोक सेवा आयोग की स्थापना का प्रावधान किया गया
🔷भारत सरकार अधिनियम 1935
🔶एक अखिल भारतीय संघ की स्थापना के लिए प्रस्तावित अधिनियम, जिसमें प्रांतों और रियासतों को इकाइयों के रूप में शामिल किया गया था, हालांकि संघ कभी अस्तित्व में नहीं आया
🔶अधिनियम ने केंद्र और इकाइयों के बीच शक्तियों को संघीय सूची, प्रांतीय सूची और समवर्ती सूची में विभाजित किया
🔶अवशिष्ट शक्तियाँ वायसराय में निहित थीं
केंद्र में द्वैध शासन को अपनाने का प्रावधान
6 प्रांतों अर्थात बंगाल, बॉम्बे, मद्रास, बिहार, असम और संयुक्त प्रांतों में द्विसदनीय विधान परिषद् एवं विधान सभा की शुरुआत की
🔶भारतीय रिजर्व बैंक की स्थापना
संघीय न्यायालय की स्थापना1947 का भारतीय
🔷 स्वतंत्रता अधिनियमः
🔶इसने भारत में ब्रिटिश शासन को समाप्त कर
🔶 दिया और भारत को एक स्वतंत्र राष्ट्र घोषित कर दिया
🔶भारत का विभाजन किया गया
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