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MERCY OR CLEMENCY POWERS OF THE PRESIDENT AND THE GOVERNOR; JUDICIARY PROCESSES; MINERVA MILLS CASE; SHATRUGHAN CHAUHAN VS UNION OF INDIA CASE

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 ❇️POWERS OF CLEMENCY - MERCY It is an extraordinary power or we can call it as the Royal Powers Of Pardon.     ARTICLE 72 :   Power of President to grant Pardons, etc and to suspend, remit or commute sentences in Certain Cases.     At any stage before the death or before the execution of fansi, the accused person ( from any level of judiciary i.e. subordinate courts, HC or SC) can go for mercy to President through Article 72 and to the Governor through Article 161.       ARTICLE 161 : Power of Governor to grant Pardons.   If the accused person will apply for clemency to both President and Governor then  (the following table shows the results of clemency applications)                 President.     Governor.     Result   1)🔹          ✔️                        ✔️  ...

DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLE 36-ARTICLE 51); SOCIO-ECONOMIC AND NON-JUSTICIABLE RIGHTS; CHAMPAKAM DORAIRAJAN

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  DPSP : Directive Priciples of STATE policy              DPSP are the directions of the constitution of India given to the STATE for the welfare of citizens of India.                On the other hand Fundamental Rights (FR) are the rights given by the constitution of India to the individual against the STATE. So, we can say that DPSPs are socio-economic rights in contrast FR are civil and political rights.     🔸DPSP are non-justiciable in nature since given in ARTICLE 37 whereas FRs are Justiciable in nature.    🔸 Fundamental Rights (civil and political) were available to the founding fathers so thay listed it in guaranteed rights. On the other side DPSP (Socio-economic) were not available to the founding fathers, so thay did not include it in guaranteed rights.       FUNDAMENTAL RIGHTS  are a type of direction to the STATE but in negative (-ve) prospective but DIRE...

SECULARISM & RELIGIOUS FREEDOM : FREEDOM OF CONSCIENCE ; RELIGIOUS DENOMINATION

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☀️ SECULARISM              : The western definition of the word "secularism" is the "divorce/seperation of king with church". But INDIA has its own definition of SECULARISM i.e. "LIBERTY OF BELIEF, FAITH AND WORSHIP".           These all reflect that India doesn't have any STATE RELIGION and also it is not an anti-religion which means it is simply REPUBLIC OF INDIA.  But if somebody alters the sentiments of any other religion, then STATE will punish him according to the law : STATE is in position of WATCHFUL AMBIVALENCE. ARTICLE 25, 26, 27 and 28 deals with religious freedom.         ♦️ ARTICLE 25 : FREEDOM OF CONSCIENCE (conscience : Belief, Faith and Worship)       It is enjoyed by an individual as it is an Individual Right. But the STATE restrict that individual with certain exceptions :         1). In the violation of Public Order .         2). ...

PREAMBLE : A PART OF THE CONSTITUTION OF INDIA

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  WE THE PEOPLE,                   HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO.... Here we noticed that we have just copied "WE THE PEOPLE" from the Constitution Of USA. ..... SOVEREIGN, *SOCIALIST, *SECULAR, DEMOCRATIC, REPUBLIC......                 🤛Get  link now🤜                These are the characters of India. The original Preamble does not include *SOCIALIST and *SECULAR in it. These two characters of India were added later by 42nd Constitutional Amendment Act, 1976 during the Indra Gandhi Government.           ☀️ SOVEREIGN :  India is sovereign i.e. it is not influenced by any of external powers despite of the fact the India is a member of International Convention, International Organization, etc as their instructions are not binding on India. But Indians are not sovereign except ine the case of electoral pro...

JUDICIAL REVIEW : AN ABSOLUTE POWER OF JUDICIARY

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  #Fundamental Rights. (*CONSTITUTION OF INDIA : FUNDAMENTAL LAW OF LAND)      The rights which are guaranteed by the Constitution Of India which is the Fundamental Law Of Land , are called as Fundamental Rights. It's nature is basic human rights. There are 22 parts in our Constitution  and in that , the 3rd part is concerned about the Fundamental Rights. This part deals with Article 12 - Article 35  of the constitution. These rights are available to the individuals against the STATE.              *The Constitution Of USA is that first Constitution in the world to have given to its citizens ' the Fundamental Rights'. And we have taken the concept of fundamental rights from Constitution Of USA.       ARTICLE 12 gives us the definition of STATE i.e.             STATE includes the government and Parliament of India nd the government and the Legislature of each states and all Loca...

RULE OF LAW : DICEY & EQUALITY

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  Rule of Law was given by a Legal Philosopher DICEY. The three components of Rule Of Law are : ☀️SUPREMACY OF LAW ☀️ EQUALITY BEFORE LAW ☀️ PREDOMINANCE OF LEGAL SPIRIT     💮 Supremacy Of Law : DICEY'S Rule of Law with regards to Supremacy Of Law.          Everyone in India is finally answerable to the Constitution Of India (COI) and this phenomenon is called as LEX REX : LAW IS THE KING OF KINGS.  This means that "NO ONE" is above Constitution Of India. And the Lex Rex is called Supremacy of law. 💮 Equality Before Law :        No one shall be discriminated irregardless of whether you are rich/poor/powerful/weak/etc. 💮 Predominance Of Legal Spirit :        Any order passed by judiciary is the responsibility of entire state to obey it so that the Legal Spirit should dominate.       [* Our Legal System is based on DICEY'S RULE OF LAW as we have copied this system from English Law] #Amer...

RUBBER STAMP OFFICE AND FUNCTION OF PARLIAMENT WITHOUT PRESIDENT

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  Rubber Stamp Office : The office of Parliament is called the Office Of Ceremony but it is a very crucial office in Indian Democracy. We cannot call the Office Of President, a Rubber Stamp Office despite of the fact that he is the Formal Head Executive and generally works on the advice of the Union Council Of Ministers headed by Prime Minister.     The reasons behind the big "NO"  for the Rubber Stamp Office are many more and thay are :      💠 ARTICLE 79,  which state that President is the part of the Parliament, despite of the fact that he/she is not the member of Parliament.    💠The most crucial reason is that he/she acts as a Friend, Philosopher, Guide  to the Prime Minister and help the Legislature with his wisdom and knowledge.    💠The third reason is, we respect our President very much as we call him The First Citizen Of INDIA.    💠 Discretionary Power of President cannot be influenced by anyone. As he...

PRESIDENT : Roles Of The President Of INDIA

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  PRESIDENT OF INDIA President of India is the Formal Head Executive  ( all the executive decision are taken on the name of the President  ). He is also the Nominal Head Of The State   and works as a connecting dots of almost every components of all the state of INDIA. In ARTICL 52 , it has been stated that " there shall be a President of INDIA"  . [ * It is obligatory not optional] The President Of INDIA exercises powers which have been listed in ARTICLE 53 :       ARTICLE 53 : All the executive powers of STATE shall belong to President who can use it either directly or through offices subordinate to him.         ✴️ Directly Exercised         ✴️ Exercised through offices subordinate to him                     🔸 These include UNION COUNCIL OF MINISTERS which has been listed in ARTICLE 74.                   { ...

BUDGET : THE PROCESS INVOLVED IN BUDGETARY PROCESS IN INDIA

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  ⭕ STEPS INVOLVED IN BUDGETARY PROCESS :--     ❇️ Presentation of Budget ❇️ General Discussion ❇️ Scrutiny by DRSC {Department Related Standing Committee} ❇️ Voting for Demands For Grants {DFGs} ❇️ Appropriation Bill ❇️ Finance Bill ✳️ Presentation of Budget  At first, presentation of Budget is done in Lok Sabha and is being initiated by Finance Minister along with Budget Speech.           🔸 Budget Speech : When ministry of Finance comes and present the Budget in Lok Sabha then it is known as Budget Speech. But after it is being introduced in Lok Sabha, it is also introduced in Rajya Sabha.           * It is introduced on 1 February of current year at 11 A.M. ✳️General Discussion  The discussion of overall highlighted points of the Budget is done and it is donne in both Lok Sabha as well as Rajya Sabha.        This lasts for almost 3-4 days and No Cut Motions are allowed in general disc...

THE ROLE AND RESPONSIBILITIES OF MEDIA

  Radio, Television, Magazines, Newspaper Are School Of Inattention : People Look Without Seeing, Listen Without Hearing.  💠Mobile Electronics Document with Interacting Agents {MEDIA} concludes of all things like newspapers, news channels, social media, etc. The era is ruled by the Internet and there is hardly any field left out from the reach of media so can be said that it connects all the dots of the world therefore generates co-relation among humans. Being the forth pillar of Democracy, it plays a vital role especially in a vast country like INDIA. The independent, professional and responsible media is termed as the backbone of any Democracy so, it is its responsibilities to inform, criticise, and stimulate debate. Democracy is by the people, for the people, and of the people   so, to maintain the transperancy between people and government, Media has a big role and responsibilities. For instance, in Parliamentary Session, Media provide transperancy on every deba...

RURAL LOCAL SELF GOVERNMENT (PRIs)

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 Panchayati Raj Institutions  PRIs are the generic terms for governing body at the block level. i.e. we can say, at any village level. It is generally the most closest form of direct democracy and also some time termed as DIRECT DEMOCRACY. The reason is that, we cannot go to Chief Minister or Prime Minister for any general problem but the Gram Sabha, which provides the foundation of Panchayati Raj Institutions, creats a stage where we can participate directly and solve that problem. [ 🔸GRAM SABHA : Gram sabha is a body along with all the men women registered inside the electoral rolls refering to a village comprised inside the region of panchayat on the village degree. Due to the fact that all human registered in electoral rolls are contributors of Gram Sabha, there are not any elected representatives. In addition Gram Sabha is the only everlasting unit in panchayati raj device and are not constituted for a particular duration.  ] It provides us 3-tier governance system ...

LOCAL SELF GOVERNMENT {introduction}

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Local government in India: Local government in India refers to governmental jurisdiction below the level of state. India is a federal republic with three spheres of government:  central, state and local. The 73rd and 74th constitutional amendments give recognition and protection of Local Government and in addition each state has its own local government legislation. As per 2017, there are total of 267,428 Local Government bodies, of which 262,771 are rural and 4657 urban. Of the rural local governments, 632 are zila parishad at district level, 6,672 are panchayat samiti at the block level and 255,466 are gram panchayats at the village level. Following the 2013 local elections, 37.1% of councillors were women, and 16.3% of total government expenditure. It is generally the government of the village and district level and is the government closest to the common people that involves in day to day life and attempt to resolve problems of ordinary citizens. Let's look at the hierarchy of ...