Posts

Showing posts from 2021

EQUALITY AND RESERVATION

Image
  RIGHT TO EQUALITY & RESERVATION POLICY.. Equality comes under the fundamental rights and Fundamental Rights are the rights which are guaranteed by the constitution, given to the individuals against the STATE which can be inforced by the Court (Justiciable rights). In that very fundamental rights, there is right to Equality  comprises of  Article 14, Article 15, Article 16, Article 16, Article 17, Article 18 dealing with Equality .     Article 14 (Equality Before Law And Equal Protection Of Law) : the STATE shall not deny any person's/individual's Equality  before law or the equal protection of law within the territory of India prohibition of discrimination on grounds of religion, race, caste, sex and place of birth.                           <<<<%% Get Link Now %%>>>>          Here, the phrase Equality  before law means there should ...

42nd CONSTITUTIONAL AMENDMENT ACT : Mini Constitution

Image
  42nd Constitutional Amendment Act : Mini Constitution  Let's go back into the History, we had a very powerful Prime Minister named Indira Gandhi . An alligation had Benn imposed on Indira Gandhi about the Electoral Misconduct. Since, she was PM and executive powers by influencing the electoral results. So, one major case arised Raj Narayan Vs Indira Nehru Gandhi  (Raj Narayan was the opponent of Indira Gandhi in 1971 Lok Sabha Election). In Allahabad High Court, on 12th June 1975, one huge landmark Judgement came i.e. Indira Gandhi found guilty in Electoral Misconduct: An Order By Justice Sinha(the sitting judge of Allahabad High court). After that Indira Gandhi went back to Delhi and saw that Jai Prakash Narayan along with Bihar Chhatra Sangharsh Samiti was doing a rally against the corruption of Indira Gandhi with a slogan of "Simhasan Khaali Karo Janta Aati Hain"  .         <<<<%% Get A Link Now %%>>>> Finally, u...

SEPERATION OF POWER VS SEPERATION OF FUNCTION; JUDICIAL ACTIVISM; ROLE OF SPEAKER; SPEAKER PRO-TEM

Image
  POWER CONCEPT :--         Long time back during the monarchy period, all the powers vested in the hand of only one person i.e. KING/QUEEN. And we all knew that power is intoxicant so, in order to gain more power that single authority, misuses the existing powers which pulls back the development of the STATE and welfare of people.         So, taking in views these all things, the Political Philosopher portraits that, if the STATE has to develop and think upon the welfare of the citizens/people then we must have to do something about the concentration of power. Long time back, ARISTOTLE proposed that there shall not be concentration of power in only one hand. Lator on, MONTESQUIEU proposed that components of the STATE. He portraits that there are three three components of STATE: LEGISLATURE, EXECUTIVE, JUDICIARY.  So, if the STATE wants to function smoothly then the power should not be vested in only one person. It must be distributed am...

CENTRE-SYATE RELATIONSHIP : LEGISLATIVE AND ADMINISTRATIVE

Image
  ❇️ Centre State Legislative Relationship           Article 245 to Article 255 deals with the Legislative Relationship between the Centre and the State.         ARTICLE 245 : TERRITORIAL JURISDICTION....              ๐Ÿ‘‰It talks about the extent of laws made by Parliament and Legislature of State i.e.                     ๐Ÿ”น Parliament can make laws for the whole or any part of the territory of India and State will make laws for the whole or any part of the State.                  ๐Ÿ”นOnly Centre/Parliament can make laws on matters outside India (extra territorial jurisdiction) but somehow related to India. Which means on the basis of DOCTRINE OF TERRITORIAL NEXUS.         ARTICLE 246 : SUBJECT MATTER JURISDICTION......                 ๐Ÿ‘‰As it ment...

DIRECTIVE PRINCIPLES OF STATE POLICY; UNIFORM CIVIL CODE; SHAH BANO CASE

Image
  Directive Principles Of State Policy:                     DPSP are the directions given to the STATE for the welfare of the citizens of India by the Constitution Of India. It is non-justiciable but binding on STATE as in ARTICLE 37, it has been presented that DPSPs are non-justiciable in nature but the STATE must keep an eye on it while making a law.       ARTICLE 44 : State shall try to enforce UNIFORM CIVIL CODE in the country.         ๐Ÿ’  UNIFORM CIVIL CODE:                     To understand Uniform Civil Code, first we have to understand about the types of Law :        --: TYPES OF LAW :-- 1)๐Ÿ”น CIVIL LAW  (civil matters like property, etc) 2)๐Ÿ”น CRIMINAL LAW  (crime matters like murders, etc) 3)๐Ÿ”น PERSONAL LAW  (personal matters)              ๐Ÿ‘‰ It includes the cases like marr...