Indian Judicial Services のテレグラム投稿

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💙 8th Feb - You have changed: Amendment based question

💚 9th Feb - I do I don’t: True False Question

💜 10th Feb - Incomplete without you: Correlation question

💛 11th Feb - I am single: Odd one out

🤍 12th Feb - We are together: Match the following

🧡 13th Feb - Law is in the air: Generally law-related question

❤️ 14th Feb - Till death sets us apart: Punishment related question (Offences)

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*🛡️Appointment Of Chief Justice*

♟️From 1950 to 1973, the practice has been to appoint the seniormost judge of the Supreme Court as the chief justice of India.

♟️This established convention was violated in 1973 when A.N. Ray was appointed as the Chief Justice of India by superseding three senior judges.

♟️Again in 1977, M.U. Beg was appointed as the chief justice of India by superseding the then senior-most judge.

♟️This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the seniormost judge of the Supreme Court should alone be appointed to the office of the chief justice of India.

🛡️ *Article 12*

♟️It defines the term ‘state’ for the purposes of Part III.
♟️ *Article 12 and applicability on United Nation (UN)* The Delhi High Court has ruled earlier that the UN is not a State under Article 12 and hence cannot be brought under the jurisdiction.
♟️ *Article 12 and PM CARES fund* The Centre recently informed the Delhi High Court in a plea seeking to declare the fund a ‘state’ under Article 12 that:
♟️PM CARES Fund is set up as a public charitable trust and is not created under the Constitution or any law made by the Parliament or the state.

💎 *Judiciary under Article 12*

♟️ *Judicial & Non-Judicial Function* When the Judiciary is discharging Judicial functions, it is not regarded as a State whereas the non-judicial function brings it under the definition of ‘State’.

*💎Related Cases*

♟️ *Naresh Shridhar Mirajkar case (1966)* Judiciary should be put under the ambit of Article 12, otherwise the courts would be allowed to make rules which violate the fundamental rights of the citizens.
♟️ *Rupa Ashok Hurra v. Ashok Hurra case (2002)* Superior courts of justice do not fall within the ambit of ‘state’ or ‘other authorities’ under Article 12.
♟️ *Riju Prasad Sarmah Case (2015)* The court again held that when a court is acting in its judicial capacity, it cannot be regarded as a State. However, its administrative action is amenable to the writ jurisdiction.

*🛡️Council of Ministers in states*

♟️In a Parliamentary form of government, the council of ministers headed by the Chief Minister is the executive authority.

♟️The states under the Indian constitution are organised on the pattern as that of
the centre.

♟️The Council of Ministers in the state is a replica of the council of Ministers at the centre.

♟️They resemble in formation, function and role in the administration.

♟️The constitution provides a broad and general view of the principles of Parliamentary system of Government in Article 163 and Article 164 .

♟️Council of ministers are there to aid and advise the Governor of the state in
various matters.

*🛡️Public Accounts Committee(PAC)*

♟️It is a financial parliamentary committee.
♟️It was set up first in 1921 under Government of India act 1919.
♟️It consists of 22 members (15-Lok Sabha , 7- Rajya Sabha). A minister cannot be its member.
♟️The term of office of the members is one year. The members are elected by the Parliament every  year from amongst its members.
♟️Its chairman is appointed by Speaker of LS.
♟️ *FUNCTION :*
To examine the annual audit reports of the CAG. CAG acts as a guide, friend, philosopher of the committee.

*♟️Limitations :*
It is not concerned with the questions of policy in broader sense.
♟️Its recommendations are advisory and not binding on the ministries.
♟️It conducts a post-mortem examination of accounts.

🛡 *CENTRE-STATE ADMINISTRATIVE RELATIONS*

*Article 256 —* Obligation of states and the Union

*Article 257 —* Control of the Union over states in certain cases

*Article 257A —* Assistance to States by deployment of armed forces or other forces of the Union (Repealed)

*Article 258 —* Power of the Union to confer powers, etc., on states in certain cases

*Article 258A —* Power of the states to entrust functions to the union.

*Article 259 —* Armed Forces in States in Part B of the First Schedule (Repealed)

*Article 260 —* Jurisdiction of the Union in relation to territories outside India

*🛡️Features Of Fundamental Duties*

♟️Some of them are moral duties while others are civic duties.

For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.

♟️They refer to such values which have been a part of the Indian tradition, mythology, religions and practices.

♟️Fundamental Duties are confined to citizens only and do not extend to
foreigners.

♟️Fundamental duties are non-justiciable. The Constitution does not provide for their direct enforcement by the courts.

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Subject ~  How to Start Tapasya 90 Days Programme ~ MEP+

#session #83

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SoulSpeak Podcast Session 83 ~ @EdzorbLaw.mp3

🟢 Committees Of The Constituent Assembly
 
Major Committees

◾️ Union Powers Committee - Jawaharlal Nehru

◾️ Union Constitution Committee -Jawaharlal Nehru

◾️ Provincial Constitution Committee -Sardar Patel

◾️ Drafting Committee - Dr. B.R. Ambedkar

◾️ Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel.

This committee had the following five sub- committees :-

◾️ Fundamental Rights Sub-Committee - J.B. Kripalani

◾️ Minorities Sub-Committee - H.C. Mukherjee

◾️ North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee - Gopinath Bardoloi

◾️ Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee - A.V. Thakkar

◾️ North-West Frontier Tribal Areas Sub-Committee.

◾️ Rules of Procedure Committee - Dr. Rajendra Prasad

◾️ States Committee (Committee for Negotiating with States) - Jawaharlal Nehru

◾️ Steering Committee - Dr. Rajendra Prasad