Forwarded from UPSC Prelims Notes MCQs Quiz
Q. Which among the following was described by Dr B.R. Ambedkar as the "heart and soul of the Constitution of India"?
Anonymous Quiz
16%
Right to equality
8%
Freedom of Religion
72%
Right to Constitutional Remedies
4%
Right to move throughout the territory of India
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Forwarded from Indian Judiciary Preparation PCS J
NB-2023-12-02-01_231202_211953.pdf
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DJS Pre Paper 2023.pdf
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New Rules - UP HJS Recruitment.pdf
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✅Fundamental Rights:
🔸 The Constitution offers all citizens, individually and collectively, some basic freedoms.
🔸 These are guaranteed in the Constitution in the form of six broad categories of Fundamental
Rights which are justifiable.
🔸Articles 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
🔸Few rights are applicable to non-citizens as well.
🔸 The Constitution offers all citizens, individually and collectively, some basic freedoms.
🔸 These are guaranteed in the Constitution in the form of six broad categories of Fundamental
Rights which are justifiable.
🔸Articles 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
🔸Few rights are applicable to non-citizens as well.
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Forwarded from Indian Judiciary Preparation PCS J
Difference between Article 32 and Article 226 of the Indian Constitution:
1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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Forwarded from Indian Judiciary Preparation PCS J
Telenga Junior Civil Judge Notification.pdf
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Telenga Junior Civil Judge Notification.
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Forwarded from Indian Judiciary Preparation PCS J
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🔆Political party to be booked for money laundering
📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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Forwarded from Indian Judicial Services
🔆Constitutional Basis for Reservation:
The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from UPSC Prelims Notes MCQs Quiz
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
8th Schedule
✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
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