UN and it's principal organs

The United Nations (UN) is an international organization founded on October 24, 1945, after World War II, to promote international cooperation and prevent future conflicts. Its principal organs include:

1. **General Assembly (GA):** Comprising all 193 member states, the GA is the main deliberative, policymaking, and representative organ of the UN. It meets annually in regular sessions and can convene emergency sessions if needed.

2. **Security Council (SC):** Responsible for maintaining international peace and security, the SC has 15 members, including five permanent members with veto power (China, France, Russia, the United Kingdom, and the United States) and ten non-permanent members elected for two-year terms.

3. **Secretariat:** Headed by the Secretary-General, the Secretariat provides administrative support to UN activities, implements decisions, and manages programs and projects around the world. The Secretary-General is the chief administrative officer of the UN.

4. **International Court of Justice (ICJ):** The principal judicial organ of the UN, located in The Hague, Netherlands. It settles legal disputes between states and gives advisory opinions on legal questions referred by authorized UN organs and specialized agencies.

5. **Economic and Social Council (ECOSOC):** Coordinates economic, social, and related work of 15 UN specialized agencies, their functional commissions, and five regional commissions. It has 54 members elected by the GA for three-year terms.

6. **Trusteeship Council:** Initially tasked with supervising trust territories, the Council suspended operations in 1994 after successfully completing its main mandate. It meets as needed and is authorized to meet on the decision of the Security Council or the General Assembly.

7. **International Monetary Fund (IMF) and World Bank Group:** Although not formal UN organs, they collaborate closely with the UN on international economic issues. The IMF aims to foster global monetary cooperation, while the World Bank Group focuses on poverty reduction and development.

These organs work together to address a wide range of global issues, including peace and security, human rights, humanitarian aid, sustainable development, climate change, and international law.

Important Parliamentary Terms

 

A

"Act (of Parliament)" - In India, a Bill passed by the two Houses of Parliament and assented to by the President.

"Address (President's/Presidential)" - A prepared speech delivered by the President of India to both Houses of Parliament assembled together at the commencement of the first session of each year informing Parliament of the causes of its summons which is later laid before and discussed on a formal Motion of Thanks in each House of Parliament or an address by the President of India to either House of Parliament or both Houses assembled together on any other occasion. The Council of Ministers approves the text of the President's Address and is responsible for its contents.

"Adjournment of the House" - Suspend (proceedings) for the day; to put off until a future day. The word 'Adjourn' applies to the action of a deliberative body etc. in bringing a sitting to a close, with the intention of resuming on the next working day or a specified later date. In Lok Sabha, the Speaker determines when sitting of House is to adjourn sine die or to a particular day or to an hour or part of same day.

"Adjournment Motion" - A Motion for discussing 'a specific and important matter that should have urgent consideration'. It can be moved by any member of the House and is in the nature of emergency motion of censure upon the Government. The object is to draw the attention of the Government to a matter of urgent public importance so as to criticize the decision of Government in an urgent matter in regard to which a motion or resolution with proper notice will be too late.

"Admonition" - A punishment administered by the Presiding Officer of a legislature to an offender for breach of privilege or contempt of the House in case of an offence which is not so grave as to warrant his committal; it is the mildest form of punishment.

"Affirmation" - A positive declaration; a solemn declaration without oath; a solemn declaration made by a member of a legislature in lieu of oath before he takes his seat in the House. "I, A.B., having been elected a Member of the House of the People do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."

"Allocation of Time" - In India, the practice is that all items of business to be transacted by the House during the Government time including those to which the Speaker is empowered to allot time himself, are normally placed before the Business Advisory Committee for allocation of time. The report of the Business Advisory Committee is presented to House for approval after which the allocation of time in respect of Bills and other business becomes an order of the House.

"Amendment(s)" - A device to alter a motion moved or question under discussion in the Legislature; includes omission, substitution, addition and insertion of certain words, figures or marks to the clause of a bill, a resolution or a motion or to an amendment made thereof.

"Annual Financial Statement" - A statement made by the Minister incharge of Finance in the legislature containing the probable income and expenditure of the Government for any year; familiarly known as Budget.

"Answers (to questions)" - In the Indian Parliament, oral answers are given to Questions distinguished by an asterisk while those not distinguished by an asterisk are listed for written answers; supplementary questions are asked for further elucidating any matter of fact regarding which an answer has been given, if permitted by the Speaker. Normally the first hour of every sitting is allotted for answering questions.

B

"Bill(s)" - A draft of a legislative proposal put in the proper form which when passed by both the Houses of Parliament and assented to by the President becomes an Act.

"Breach of Privilege" - Disregard of any of the privileges, rights and immunities either of the Members of Parliament individually or of either House of Parliament in its collective capacity or of its committees; also includes actions which obstruct the House in the performance of its functions and thereby lower its dignity and authority such as disobedience of its legitimate orders or libel upon itself, or its member or officers which are called contempt of the House (for details see 'Privileges').

"Business, list of" - In the Indian Parliament, it is known as List of Business, prepared under the authority of the Speaker by the Secretary-General and a copy thereof is supplied to every member; contains the items of business, Govt. and Private members', scheduled to be taken up on a particular day; the first item generally is Questions; Oath or affirmation and obituary reference, whenever listed, precede Questions; List of Questions though part of List of Business, is issued separately; List of Business, the List of Questions, the List of Amendments, cut-motions and the Bills, all combined form the Order Paper for the day.

"Business of the House" - The relative order of all the items of business in the House of a Legislature to be taken up on a particular day. Government Business for a whole week is announced in advance in the House by the Minister for Parliamentary Affairs.

C

"Calling Attention" - The act of requiring somebody to give his attention to; to point out; a parliamentary procedure to call the attention of the Government to a matter of urgent public importance.

"Censure Motion" - A motion moved against the Government censuring its policy in some direction or an individual minister or ministers of the Government.

"Commonwealth Parliamentary Association" - The Commonwealth Parliamentary Association is an organisation composed of Branches formed in the legislatures of various Commonwealth countries. It consists of main Branches formed in the National Parliaments of Commonwealth, State and Provincial branches formed in State or Provincial Legislatures within member countries of the Commonwealth and territorial Parliaments.

"Concurrent List" - A list of subjects appended to a federal Constitution in respect of which the federal legislature and the State or regional legislatures have power to make laws, federal law prevailing in case of conflict.

"Constitution" - The system of fundamental laws and principles of a government written or unwritten; system of laws and customs established by sovereign power of a State for its own guidance.

"Contempt of the House" - Any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results is treated as a contempt even though there is no precedent of the offence.

"Cut Motions" - During the discussion on the demands for grants, motion can be moved to reduce the amount of a demand; such a motion is called cut motion.

D

"Delegated Legislation" - "Delegated legislation" and "delegation of legislative power" is the conferring of authority upon a subordinate authority to frame rules, regulations etc. Each regulation, rule, sub-rule, bye-law etc. framed in pursuance of the provisions of the Constitution or Act of Parliament under the power delegated thereunder to a subordinate authority is required to be laid on the Table of Lok Sabha within a period of fifteen days after publication in the Gazette.

"Deputy Speaker" - Deputy Speaker is elected from amongst its members; he is not subordinate to the Speaker and holds an independent position; he is answerable to the House alone. In the absence of the Speaker, the Deputy Speaker is required to perform the duties of the Office of the Speaker and preside over the sitting of the House and also the joint sitting of the Houses of Parliament and exercises the powers of the Speaker.

"Directive Principles of State Policy" - Constitutional directions and principles fundamental in the governance of the country.

"Dissolution" - The President of India dissolves the Lok Sabha on the advice of the Prime Minister. At the end of its term of five years, the House stands automatically dissolved even if no formal order of dissolution is issued by the President. With dissolution, the life of the House comes to an end and it cannot again assemble until after a general election. Dissolution 'passes a sponge over the Parliamentary slate' and all business pending before it or any of its committees lapses on dissolution.

"Disqualifications for" - Constitutional or statutory rules which make a person unfit or unqualified to be chosen as member of a Legislature; also those which make a member unfit for being its member subsequent to his election.

"Division" - Division is ordered by the Chair when his opinion on the question just decided by voice vote is challenged by members who demand a division.

E

"Election Commission" - A constitutional body in India created for the purpose of holding elections to Parliament, State Legislatures and offices of President and Vice-President.

"Electoral College" - An intermediary body chosen by electors to choose the representatives in an indirect election.

"Enacting Formula" - The section of a Bill or statute which establishes the whole document as a law.

G

"Government" - A Parliamentary government consists of cabinet which is responsible to the legislature for its actions. Government carries on general administration and Parliament exercises general control of governmental acts.

"Government Assurances" - Assurances, promises, undertakings given by Ministers from time to time on the Floor of the House; for ensuring their implementation in reasonable time.

H

"Houses of Parliament" - The two Houses of Indian Parliament are: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

"Hung Parliament" - Parliament wherein no party has won a working majority

L

"Leader of the House" - In Lok Sabha, the Prime Minister usually functions as the Leader of the House; if he is not a member of this House, a Minister, who is a member of the Lok Sabha and is nominated by the Prime Minister functions as such. Leader of the House is an important Parliamentary functionary.

"Leader of Opposition" - Leader of the largest minority party in a legislature; an office recognised under the Rules of the House.

"Leave of Absence" - The formal granting of leave of absence to a Member of Parliament.

"Leave of the House" - The formal approval given by the House of a Legislature to a member to move a motion or withdraw the same. The member can seek the leave of the House only after he has been permitted to do so by the Speaker; he then rises in his place and asks for leave. After the leave is granted, the member cannot withdraw his motion without the permission of the House.

"Legislation (Subordinate)" - Making of statutory instruments or orders by a body subordinate to the legislature in exercise of the power within specific limits conferred by the legislature; also covers statutory instruments themselves.

M

"Maiden Speech" - M.P.'s first speech in Parliament; one's first or earliest speech, especially in Parliament.

O

"Office of Profit" - An employment with fees and emoluments attached to it; it also carries some power of patronage; the holder of it is entitled to exercise executive, financial or judicial powers.

"Ordinance" - The President of the Union and the Governors of the States have legislative power to promulgate Ordinances, such power is co-extensive with the legislative competence of Parliament.

P

"Panel of Chairmen" - The body of members whom the Speaker nominates from among the members to preside over the sittings of the House in the absence of the Speaker and the Deputy Speaker.

"Papers laid on the Table" - Laying of Parliamentary papers or documents on the Table of both Houses of Parliament for bringing them on the record of the House.

"Parliament—Jurisdiction and Powers of" - Parliament consists of the President and the two Houses; each of its branches has peculiar powers in connection with their joint legislative function.

"Parliamentary Papers" - The papers connected with the proceedings of the House as well as those presented to the House; the copies of these papers are made available to the Members as soon as they are issued.

R

"Rules of Procedure" - Rules which regulate procedure, debate and the conduct of members in a Legislature.

S

"Schedule" - The Schedule is as much a part of the statute and as much an enactment as any other part; it must be read together with the Act for all purpose of construction.

"Select Committee on Bill(s)" - A Parliamentary Committee composed of members specially named and appointed from time to time to consider, inquire into or deal with Bills.

"Speaker" - The Speaker is the Principal Presiding Officer of the Lok Sabha. He is chosen by the House from among its Members by a simple majority of members present and voting. Within the walls of the House his authority is supreme, which is based on his absolute and unvarying impartiality.

"Speaker pro tem" - A member of a Legislative House appointed to perform the duties of the Office of the Speaker when the offices of both the Speaker and Deputy Speaker are vacant; the Speaker pro tem continues in office till the Speaker is elected.

T

"Table of the House" - In the pit of the two Houses of Indian Parliament, just in front of the table of the Secretary-General lies the table of the House. Papers which are required to be laid on the Table of the House in pursuance of constitutional provisions, Rules and Directions are formally placed on this Table.

Dr. Bhimrao Ramji Ambedkar

 

Photo Credit : High Court of Bombay

Dr. Bhimrao Ramji Ambedkar (1891-1956) was born on 14 April 1891 in Mhow Cantonment, Madhya Pradesh. He completed his primary schooling in Satara, Maharashtra and completed his secondary education from Elphinstone High School in Bombay. His education was achieved in the face of significant discrimination, for he belonged to the Scheduled Caste (then considered as ‘untouchables’). In his autobiographical note ‘Waiting for a Visa’, he recalled how he was not allowed to drink water from the common water tap at his school, writing, "no peon, no water".

Dr Ambedkar graduated from Bombay University in 1912 with a B.A. in Economics and Political Science. On account of his excellent performance at college, in 1913 he was awarded a scholarship by Sayajirao Gaikwad, then Maharaja (King) of Baroda state to pursue his M.A. and Ph.D. at Columbia University in New York, USA. His Master's thesis in 1916 was titled “The Administration and Finance of the East India Company”. He submitted his Ph.D. thesis on “The Evolution of Provincial Finance in India: A Study in the Provincial Decentralization of Imperial Finance”.

After Columbia, Dr. Ambedkar moved to London, where he registered at the London School of Economics and Political Science (LSE) to study economics, and enrolled in Grey’s Inn to study law. However, due to lack of funds, he had to return to India in 1917. In 1918, he became a Professor of Political Economy at Sydenham College, Mumbai (erstwhile Bombay). During this time, he submitted a statement to the Southborough Committee demanding universal adult franchise.

In 1920, with the financial assistance from Chatrapati Shahuji Maharaj of Kolhapur, a personal loan from a friend and his savings from his time in India, Dr. Ambedkar returned to London to complete his education. In 1922, he was called to the bar and became a barrister-at-law. He also completed his M.S.c. and D.S.c. from the LSE. His doctoral thesis was later published as “The Problem of the Rupee”.

After his return to India, Dr Ambedkar founded Bahishkrit Hitkarini Sabha (Society for Welfare of the Ostracized) and led social movements such as Mahad Satyagraha in 1927 to demand justice and equal access to public resources for the historically oppressed castes of the Indian society. In the same year, he entered the Bombay Legislative Council as a nominated member.

Subsequently, Dr. Ambedkar made his submissions before the Indian Statutory Commission also known as the ‘Simon Commission’ on constitutional reforms in 1928. The reports of the Simon Commission resulted in the three roundtable conferences between 1930-32, where Dr. Ambedkar was invited to make his submissions.

In 1935, Dr. Ambedkar was appointed as the Principal of Government Law College, Mumbai, where he was teaching as a Professor since 1928. Thereafter, he was appointed as the Labour Member (1942-46) in the Viceroy’s Executive Council.

In 1946, he was elected to the Constituent Assembly of India. On 15 August 1947, he took oath as the first Law Minister of independent India. Subsequently, he was elected Chairperson of the Drafting Committee of the Constituent Assembly, and steered the process of drafting of India’s Constitution. Mahavir Tyagi, a member of the Constituent Assembly, described Dr. Ambedkar as “the main artist” who “laid aside his brush and unveiled the picture for the public to see and comment upon”. Dr. Rajendra Prasad, who presided over the Constituent Assembly and later became the first President of the Indian Republic, said: “Sitting in the Chair and watching the proceedings from day to day, I have realised as nobody else could have, with what zeal and devotion the members of the Drafting Committee and especially its Chairman, Dr. Ambedkar in spite of his indifferent health, have worked. We could never make a decision which was or could be ever so right as when we put him on the Drafting Committee and made him its Chairman. He has not only justified his selection but has added luster to the work which he has done.”

After the first General Election in 1952, he became a member of the Rajya Sabha. He was also awarded an honorary doctorate degree from Columbia University in the same year. In 1953, he was also awarded another honorary doctorate from Osmania University, Hyderabad.

Dr. Ambedkar's health worsened in 1955 due to prolonged illness. He passed away in his sleep on 6 December 1956 in Delhi.

References:

• Vasant Moon (eds.), Dr. Babasaheb Ambedkar Writings And Speeches, (Dr. Ambedkar Foundation, Ministry of Social Justice & Empowerment, Govt. of India, 2019) (Re-print)
• Dhananjay Keer, Dr. Ambedkar Life and Mission, (Popular Prakashan, 2019 Re-print)
• Ashok Gopal, A Part Apart: Life and Thought of B.R. Ambedkar, (Navayana Publishing Pvt. Ltd., 2023)
• Narendra Jadhav, Ambedkar: Awakening India's Social Conscience, (Konark Publishers Pvt. Ltd., 2014).
• William Gould, Santosh Dass and Christophe Jaffrelot (eds.), Ambedkar In London, (C. Hurst and Co. Publishers Ltd., 2022).
• Sukhadeo Thorat and Narender Kumar, B.R. Ambedkar: Perspectives on Social Exclusion and Inclusive Policies (Oxford University Press, 2009).
• Constituent Assembly Debates

The Kesavananda Bharati case final judgement

 The Kesavananda Bharati case has been hailed as a landmark in the history of Indian constitutional law as it affirmed the supremacy of the Constitution and the independence of the judiciary in protecting the basic structure of the Constitution. The judgment laid down several principles that have become the bedrock of constitutional law in India. These include the principles of the rule of law, separation of powers, and the independence of the judiciary.It has also been instrumental in shaping the Indian judiciary's approach to constitutional interpretation and the limits of Parliament's power to amend the Constitution.

Video link: https://youtu.be/oUsgmhhmr2Q 
The Supreme Court, in a 7-6 majority decision, held that the Constitution of India has a basic structure that cannot be altered even by a constitutional amendment. The court held that the Parliament's amending power under Article 368 is not unlimited and that it cannot alter the basic structure of the Constitution. This has served as an important check on the power of the Parliament to amend the Constitution.

Conclusions from Majority Judgments

7 Judges

• Chief Justice S.M.Sikri
• Justice J.M. Shelat & Justice A.N.Grover
• Justice K.S. Hegde & Justice A.K. Mukherjea
• Justice P. Jaganmohan Reddy
• Justice H.R. Khanna

Conclusions from Dissenting Judgments

6 Judges

• Justice A.N. Ray
• Justice D.G. Palekar
• Justice K.K.Mathew
• Justice M.H.Beg
• Justice S.N. Dwivedi
• Justice Y.V. Chandrachud

The Kesavananda Bharati case arguments

 The Kesavananda Bharati case involved several parties, including Kesavananda Bharati, the petitioner, and the State of Kerala, which defended the constitutionality of the Kerala Land Reforms Act. Additionally, there were several intervenors who supported one or the other side in the case.

Petitioner's arguments: Kesavananda Bharati, a religious leader and landowner, argued that the Kerala Land Reforms Act violated his fundamental right to property, which was guaranteed by the Constitution of India. He also argued that the Parliament's power to amend the Constitution was not unlimited and that certain fundamental features of the Constitution, such as the right to property, were beyond the scope of amendment.

• Written Argument
• Petitioner's humble petition
• Affidavit of the Petitioner
• Petitioner's propositions
• Petitioners & Intervenors- Common Submission

Respondent's arguments: The State of Kerala, which defended the constitutionality of the Kerala Land Reforms Act, argued that the Act was a reasonable restriction on the right to property and that it was aimed at promoting social justice and reducing poverty. The State also argued that the Parliament's power to amend the Constitution was unlimited and that there were no limits to this power.

• Written Argument -Union of India
• Submissions - Union of India
• Examination of Respondent's Argument

Intervenors' arguments: There were several intervenors in the case who supported one or the other side. Some intervenors argued that the Kerala Land Reforms Act was a necessary measure to promote social justice and reduce poverty, while others argued that the Act violated the fundamental right to property. Some intervenors also argued that the Parliament's power to amend the Constitution was not unlimited and that certain fundamental features of the Constitution, such as the independence of the judiciary, were beyond the scope of amendment.

• Propositions and Contentions of Intervenors
  • Propositions and Contentions of Intervenors
• Written arguments/submissions - Intervenors
  • Mr. C.K.Raman
  • Mr. Chacko Varley
  • Mr. Motilal Gangaram Doshi
  • Shri R.K. Garg on behalf of State of J & K
  • Mr.Sunil Kumar Roy
• Advocate Generals as Intervenors
  • State of Andhra Pradesh
  • States of Assam & Nagaland
  • State of Jammu & Kashmir
  • State of Madhya Pradesh
  • State of Maharashtra
  • State of Meghalaya
  • State of Orissa
  • State of Rajasthan
  • State of Tamil Nadu
  • State of Uttar Pradesh

Mr. Nani Pakhivala's Brief Submission on the second last day i.e. 69th Day of Hearing on 23 March 1973

The arguments presented by the parties in the Kesavananda Bharati case revolved around the constitutionality of the Kerala Land Reforms Act, the extent of the Parliament's power to amend the Constitution, and the fundamental rights guaranteed by the Constitution.