DMPQ- . Discuss the need of revitalizing Affirmative action for marginalized communities in the wake of issue of reservation in NEET exam .
. Recently, the government has been lauded for introducing reservations for Other Backward Classes (OBCs) in the National Eligibility cum Entrance Test (NEET) examinations and the decision has renewed debate on caste census and again brought the debate on affirmative action in the limelight. The affirmative action programme that was envisaged during the founding moments of the republic is indeed one of the remarkable provisions to have been worked out by our Constitution makers. It has been historically significant in enunciating the principle of justice in a deeply unequal and oppressive social order such as ours. While it is undeniable ... Read more
Article 371-A makes the following special provisions for Nagaland : The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides: religious or social practices of the Nagas; Naga customary law and procedure; Administration of civil and criminal justice involving decisions according to Naga customary law; and Ownership and transfer of land and its resources. The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after ... Read more
. Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo-warrento for the enforcement of the fundamental rights of the citizens and for any other purpose. The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction. The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent ... Read more
DMPQ- . Mention the important constitutional provisions inducted to ensure the independence of High court.
. The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a high court. Mode of Appointment The judges of a high court are appointed by the president (which means the cabinet) in consultation with the members of the judiciary itself (i.e., chief justice of India and the chief justice of the high court). This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations. Security of Tenure The judges of a high court are provided with the ... Read more
DMPQ- . Point out the collective and individual privileges constitutionally given to the members of state legislature.
Collective Privileges The privileges belonging to each House of the state legislature collectively are: It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters. It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprison-ment (also suspension or expulsion, in case ... Read more
. The Constitution lays down a special procedure for the passing of Money Bills in the state legislature. This is as follows: A Money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only and that too on the recommendation of the governor. Every such bill is considered to be a government bill and can be introduced only by a minister. After a Money Bill is passed by the legislative assembly, it is transmitted to the legislative council for its consideration. The legislative council has restricted powers with regard to a Money Bill. ... Read more
C’garh accepts punchhi commission recommendations Chhattisgarh on Friday agreed to the recommendations of the Punchhi Commission on Centre-State relations regarding environment, natural resources and infrastructure, officials informed. The standing committee had sought state government’s stand on recommendations made on volume 6 and 7 of Punchhi Commission report. Notably, the Standing Committee of the Inter-State Council (ISC) headed by the Union Home Minister Rajnath Singh completed the onerous task of deliberations on all the 273 recommendations of the Punchhi Commission. Today’s meeting was the 13th meeting of the Standing Committee of the ISC. The recommendations ... Read more
CHHATTISGARH Appointment of 11 parliamentary secretaries: Supreme Court notice to Chhattisgarh govt The Supreme Court declined to grant any interim relief on an appeal against a high court order dismissing pleas challenging the appointment of 11 parliamentary secretaries by the Raman Singh-led BJP government in Chhattisgarh. The Chhattisgarh government had appointed 11 MLAs as parliamentary secretaries and granted them a status equivalent to state ministers. SCsaid, the high court had failed to assess how the appointments were made when neither any provision of the Constitution, nor any statutory enactment allowed such appointments beyond a particular limit. There was ... Read more
Concept of State and Sovereignty The State is a social contract, a guarantee of social order in exchange for which the citizens agree to reduce their freedom.According to Carré de Malberg, one of France’s leading constitutional scholars, « the state is a community of men attached to a territory with an organization, from which results for the group engaged in relations with its members a supreme power of action and coercion.” More clearly, the state is the result of a population, a territory and a sovereignty. Population First, the population consists of all the persons living in the territory of ... Read more
Democracy: Direct and Indirect Democracy in modern usage, is a system of government in which the citizens exercise power directly or elect representatives from among themselves to form a governing body, such as a parliament. Democracy is sometimes referred to as “rule of the majority”. Democracy is a system of processing conflicts in which outcomes depend on what participants do, but no single force controls what occurs and its outcomes. Since the time of the ancient Greeks, both the theory and the practice of democracy have undergone profound changes, many of which have concerned the prevailing answers to questions 1 ... Read more