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Monday, February 10, 2025
Indian government & temple relationship
Thursday, February 6, 2025
Powers of President of India
Powers of Prime minister
Fundamental Duties
Writs in India
Fundamental Rights
Wednesday, February 5, 2025
Justice - Political theory
Some landmark cases between the judiciary and legislature regarding the Right to Property in India:
Right to Property in the Indian Constitution
Saturday, January 25, 2025
Concept of Federalism
Friday, January 24, 2025
Uniform Civil Code (UCC) in India: A Comprehensive Analysis
Wednesday, June 5, 2024
History of Elections in India
The history of elections in India is a testament to the country's commitment to democratic principles since gaining independence. Here’s a comprehensive overview:
1. **Pre-Independence Era:** Before independence in 1947, limited electoral practices existed under British rule. The Government of India Acts of 1919 and 1935 introduced a degree of self-governance, allowing for limited legislative assemblies with restricted electorates.
2. **First General Election (1951-52):** Post-independence, India held its first general election from October 1951 to February 1952. It was the world’s largest democratic exercise at that time, with over 173 million eligible voters. The Indian National Congress (INC), led by Jawaharlal Nehru, emerged victorious.
3. **Establishment of the Election Commission (1950):** The Election Commission of India (ECI) was established on January 25, 1950, to oversee and ensure free and fair elections across the country. It plays a pivotal role in administering electoral processes.
4. **Evolution and Expansion:** Over the decades, the election process has evolved significantly. The number of eligible voters has grown exponentially, with every adult citizen above 18 years having the right to vote. The ECI introduced various reforms to improve transparency, such as the use of Electronic Voting Machines (EVMs) in 1999.
5. **Major Elections and Shifts:**
- **1967 General Election:** Marked by significant political shifts, it saw the emergence of regional parties and a decrease in the dominance of the INC.
- **1977 General Election:** Held after the Emergency period (1975-77), this election resulted in the first non-Congress government led by the Janata Party.
- **1984 General Election:** Held in the wake of Prime Minister Indira Gandhi’s assassination, the INC, led by Rajiv Gandhi, won a landslide victory.
- **1990s:** The rise of coalition politics became prominent, with no single party gaining an outright majority. This era saw the emergence of significant regional parties and the formation of coalition governments.
6. **Modern Reforms:** The ECI has continually introduced reforms to enhance the electoral process, including:
- **Introduction of Voter-Verified Paper Audit Trail (VVPAT):** Added to EVMs to increase transparency and voter confidence.
- **NOTA (None of the Above):** Introduced in 2013, allowing voters to reject all candidates if they choose.
- **Electoral Roll Digitization:** Enhancing accessibility and accuracy of voter lists.
7. **Recent Elections:** The 2014 and 2019 general elections witnessed significant voter turnout and the rise of the Bharatiya Janata Party (BJP) under the leadership of Narendra Modi, resulting in decisive victories.
8. **Continuous Evolution:** India's electoral history is characterized by its adaptability and resilience, continuously evolving to meet the needs of its diverse and growing electorate.
This historical journey underscores India's robust democratic framework, reflecting the nation's commitment to upholding democratic values and ensuring every citizen's voice is heard through the electoral process.
Process of Elections in India
Elections in India are conducted in a systematic and structured manner to ensure free and fair voting. Here’s an overview of the process:
1. **Election Commission of India (ECI):** The ECI is an autonomous constitutional authority responsible for administering election processes at the national, state, and local levels. It ensures elections are conducted impartially and efficiently.
2. **Electoral Rolls:** A comprehensive list of eligible voters is prepared and updated regularly. Citizens aged 18 and above are eligible to vote, provided they are registered.
3. **Notification and Schedule:** The ECI announces the election schedule, which includes the dates for filing nominations, scrutiny, withdrawal of candidatures, polling, counting of votes, and declaration of results.
4. **Nominations:** Candidates file their nominations with the appropriate Returning Officer. These nominations are scrutinized to ensure candidates meet all eligibility criteria.
5. **Campaigning:** Political parties and candidates campaign extensively across constituencies. The ECI enforces a Model Code of Conduct to ensure campaigns are fair and free of malpractices.
6. **Polling:** Polling is conducted in multiple phases to ensure adequate security and administration. Polling booths are set up across the country, equipped with Electronic Voting Machines (EVMs) and Voter-Verified Paper Audit Trails (VVPATs).
7. **Security:** Security measures are stringent to prevent electoral fraud and violence. Central and state police forces are deployed to maintain order.
8. **Voting Process:** On the day of the election, voters cast their votes at designated polling stations. They must present valid identification and their names must appear on the electoral roll.
9. **Counting of Votes:** After polling concludes, votes are counted under strict supervision. The EVMs and VVPATs are used to tally votes accurately.
10. **Declaration of Results:** Results are declared by the ECI. The candidate with the majority of votes in each constituency is declared the winner.
11. **Post-Election:** Winning candidates take their oaths of office and assume their respective positions in government.
This structured process ensures that elections in India are conducted transparently, giving citizens the opportunity to participate in the democratic process.
Sunday, April 21, 2024
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.
Jurisdiction of the Supreme Court
Jurisdiction of the Supreme Court
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one High Court to another High Court or from a Court subordinate to another High Court. If satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, the Supreme Court may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial question of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.
The Supreme Court also has a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution and other statutes. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.
Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record. Order XLVIII of the Supreme Court Rules, 2013 provides that the Supreme Court can reconsider its final judgment or order by way of a curative petition on limited grounds after the dismissal of review petition.
PUBLIC INTEREST LITIGATION
In India, a writ petition may be moved not only by an aggrieved individual but also by a public-spirited individual or group of persons in matters in which interest of the public at large is involved. The Court can be moved either by filing a writ petition or by addressing a letter to the Hon’ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. On several occasions, the Supreme Court has treated letters, telegrams, postcards, and news reports as writ petitions. Such a concept is popularly known as ‘Public Interest Litigation’ (PIL). This judicial innovation of the PIL system is unique to the Supreme Court of India.
LEGAL AID
If a person belongs to the poor section of the society having annual income of less than Rs. 5,00,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her.
Persons belonging to the middle income group i.e. with income above Rs. 60,000/- but under Rs. 7,50,000/- per annum are also eligible to get legal aid from the Supreme Court Middle Income Group Society on nominal payments. The Supreme Court also has a Mediation Centre which mediates and resolves matters that are referred to it by the Court.
HIGH COURTS
The High Court stands at the head of a State’s judicial administration. There are 25 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories, Delhi, and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own. Other five Union Territories come under the jurisdiction of different High Courts. Each High Court comprises a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. Judges in the High Court hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Advocate of a High Court or two or more such Courts in succession for a similar period.
Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. Annexure A shows the seat, year of establishment, and territorial jurisdiction of the High Courts.
There is also an Advocate General for each State appointed by the Governor, who holds office during the pleasure of the Governor. An Advocate General must be a person qualified to be appointed as a Judge of the High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote.
LOK ADALATS
Lok Adalats is an alternative dispute redressal mechanism to arrive at amicable settlement of disputes outside of court. Under the Legal Services Authorities Act, 1987, every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organise Lok Adalats. Every award of Lok Adalat shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. The Act also provides that with respect to the cases decided at Lok Adalat, the court fees paid by the parties is refunded.
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