Showing posts with label Polity bits. Show all posts
Showing posts with label Polity bits. Show all posts

Tuesday, December 22, 2009

Vacation of seats.

India Parliament GateImage by clara & james via Flickr

(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State 1[***], and if a person is chosen a member both of Parliament and of a House of the Legislature of 2[a State], then, at the expiration of such period as may be specified in rules 3made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament-

(a) Becomes subject to any of the disqualifications mentioned in 4[clause (1) or clause (2) of article 102], or

5[(b) Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:

6[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Monday, December 21, 2009

Polity Watch


The Cabinet Secretariat is under the direct charge of the Prime Minister. The adminstrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.

In the Government of India (Allocation of Business) Rules, 1961 "Cabinet Secretariat" finds a place in the First Schedule to the Rules. The subjects allotted to this Secretariat are:-

1. Secretarial assistance to Cabinet and Cabinet Committees.
2. Rules of Business.

The Cabinet Secretariat is responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through the instrumentality of the standing/adhoc Committees of Secretaries. Through this mechanism new policy initiatives are also promoted.

The Cabinet Secretariat ensures that the President, the Vice President and Ministers are kept informed of the major activities of all Ministries/Departments by means of monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of various Ministries in such a situation is also one of the functions of the Cabinet Secretariat.

SUPPORT TO CABINET COMMITTEES

The secretarial assistance provided by Cabinet Secretariat to the Cabinet and Cabinet committees, includes
1. Convening of the meetings of the Cabinet on the orders of the Prime Minister.
2. Preparation and circulation of the agenda.
3. Circulating papers related to the cases on the agenda.
4. Preparing a record of discussions taken.
5. Circulation of the record after obtaining the approval of the Prime Minister.
6. Watching implementation of the decisions taken by the Cabinet.

The Cabinet Secretariat is the custodian of the papers of the Cabinet meetings.

PROMOTION OF INTER-MINISTERIAL COORDINATION

Among the inter-Ministerial matters, the coordination is required for:
(i) removing difficulties;
(ii) removing differences;
(iii) overcoming delays;
(iv) coordination in administrative action
(v) coordination of policies.

Courtesy---

http://cabsec.nic.in/role.htm

The Right of Children to Free and Compulsory Education Bill, 2008

According to the Right to Education Bill every child in the 6-14 age groups will be eligible for free education.

According to the Right of Children to Free and Compulsory Education Bill, 2008, every school will have to earmark at least 25% seats in class 1 for free and compulsory elementary education.

The bill seeks to do away with the practice of schools taking capitation fees before admission and subjecting the child or parents to any screening procedure.

The bill also seeks to ban private tuition by teachers and ensure that no child is subjected to physical punishment or mental harassment.

The bill said it shall be the duty of every parent or guardian to admit the child to a neighbourhood school for elementary education and added that no child should be denied admission for lack of age proof.


This Bill seeks to provide every child of the age of six to fourteen years with the right to free and compulsory education in a neighbourhood school until completion of elementary education. Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age.

Highlights of the Bill

1. The 86th Constitution Amendment Act, 2002 requires the State to provide free and compulsory elementary education to all children. The Right of Children to Free and Compulsory Education Bill, 2008 seeks to give effect to this Amendment. All children between the ages of six and 14 years shall have the right to free and compulsory elementary education in a neighbourhood school.

2. No child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. Schools may not screen applicants during admission or charge capitation fees. A child who completes elementary education shall be awarded a certificate.

3. Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools, and unaided schools shall admit at least 25% of students from disadvantaged and economically weaker groups.

4. A person who wants to file a grievance claim shall submit a written complaint to the local authority. Appeals shall be decided by either the State Commission for Protection of Child Rights or the specified authority.

Key Issues and Analysis

1. There are no specific penalties if the authorities fail to provide the right to elementary education.

2. Both the state government and the local authority have the duty to provide free and compulsory elementary education. Sharing of this duty may lead to neither government being held accountable.

3. The Bill provides for the right to schooling and physical infrastructure but does not guarantee that children learn. It exempts government schools from any consequences if they do not meet the specified norms.

4. The constitutional validity of reservations of seats in private schools for economically weaker sections could be challenged.

5. Minority schools are not exempt from provisions in this Bill. It is possible that this will conflict with Article 30 of the Constitution, which allows minorities to set up and administer educational institutions.

6. The Bill legitimises the practice of multi-grade teaching. The number of teachers shall be based on the number of students rather than by grade.

Sunday, October 4, 2009

Executive powers of President of INDIA

Edited version of :en:Image:Vin7.jpg (now move...Image via Wikipedia

Executive powers

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints as Prime Minister the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister. The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha. The President is responsible for making a wide variety of appointments. These include:
The President also receives the credentials of Ambassadors and High Commissioners from other countries. The President is the de jure Commander in Chief of the Indian Armed Forces. The President of Indiareduce the sentence of a convicted person, particularly in cases involving punishment of death. The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister. 

Writs & Their Types

Habeas Corpus, 1986Image via Wikipedia
As per the Right to Constitutional Remedies-Articles 32-35, A citizen has right to move to the courts for securing the fundamental rights. Citizens can go to the Supreme Court or the high Courts for getting their fundamental rights enforced. It empowers the Courts to issue directions or orders or writs for this purpose.
Types of Writs:
  1. Habeas corpus means “to have the body .“ It is in the nature of an order calling upon a person who has unlawfully detained another person to produce the latter before the court.
  2. Mandamus literally means command. It is thus an order of a superior court commanding a person holding a public office or a public authority- (including the Government) to do or not to do something, in the nature of public duty.
  3. Prohibition- A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceeding its jurisdiction and to compel it to keep within the limits of its jurisdiction.
  4. Certiorari - A writ of certiorari has much in common with a writ of prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction.
  5. Quo Warranto - The words quo warranto means “what is your authority” ? A writ of quo warranto is issued against the holder of a public office to show to the court under what authority he holds the office.

Economic and social rights

Jawaharlal Nehru signing the Constitution of I...Image via Wikipedia

Economic and social rights

The cultural and educational rights—given in Articles 29 and 30—are measures to protect the rights of ethnic and religious minorities. Any community that has a language and a script of its own has the right to conserve and develop them.No citizen can be discriminated against for admission in State or State-aided institutions.All religious and ethno-linguistic communities can set up their own educational institutions in order to preserve and develop their own culture.In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.right to life and personal liberty by the 86th constitutional amendment of 2002.[21]The Right against exploitation, given in Articles 23 and 24 provides for the abolition of human trafficking,[22][23] Child labour is considered a violation of the spirit and provisions of the constitution. Begar (forced and unfree labour), practised in the past by landlords, has been declared a crime punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is prohibited by law. An exception is made in employment without payment for services for public purposes, such as compulsory military conscription.court of law to appeal against denial of the Fundamental Rights. For instance, in case of imprisonment, the person can ask the court to see if it is in accordance with the provisions of the law of the country. If the court finds that it is not, the person will be released from custody. This procedure of asking the courts to preserve or safeguard the citizens' Fundamental Rights can be done in various ways. The courts can issue writs, namely habeas corpus, mandamus, prohibition, quo warranto and certiorari.[24] When a national or state emergency is declared, this right is suspended by the central government. The Right to property was a former Fundamental Right under Article 32 before it was revoked by the 44th Amendment Act of 1978.[25] A new article, Article 300-A,[26] was added to the constitution which provided that no person shall be deprived of his property, except by the authority of law. If a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay any compensation. The aggrieved person will have no right to move the court under Article 32. The right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law..

PIOs - PERSONS OF INDIAN ORIGIN

Exit USSR visa of the type 1 (for temporary vi...Image via Wikipedia
PIOs - PERSONS OF INDIAN ORIGIN


Background :
the government of India revised the persons of indian origin Card Scheme in August 2002, launched in 1999, aimed at making the journey back to the roots, simpler, easier, flwxible & absolutely hassle free.

Eligibility For PIO Card :
* any person whot at any time held an indian passport; or he/she ; or either of his/her parents ; or grand parents or great grand parents was born in & permanently resident in india as defined in the government of india act 1935, & other territories that became part of india thereafter; or

* who is a spouse of a citizen of india or as mentioned above

* the scheme is broad-based, covers up to 4 generation & also foreign spouse of a citizen of india or a PIO.

Benefits of a PIO Cardholder :
- no visa required for visiting india

- no seperate 'student visa' / 'employment visa' required for admissions in colleges / institutions or for taking up employment respectively

- a PIO cardholder will be exempt from the requirement of registration if his stay on any single visit to india does not exceed to 180 days.

- in the event of continuous stay in india of the PIO cardholder exceeding 180 days , he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerend foreigners regional registration officer.

- parity with non-resident indians in respect of facilities available to the latter in economic, financial & educational field.

- no parity shall be allowed in the sphere of political rights.

Validity & Fee of the PIO card :
- a PIO card shall be valid for a period of 15 years from the date of issue subject to the validity of the passport of the applicant.

- the fee for a PIO cardholder would be Rs.15,000 /- , payable along with the apllication.

- PIO card to children upto the age of 18 years will be issued at a fee of Rs.7500 /- for a 15-year card.

Saturday, October 3, 2009

Human Rights kya hai? (watch out the ABC of Human Rights)

Eleanor Roosevelt and United Nations Universal...Declaration of human rights

What are Human Rights?


■ Human Rights are moral claims which are inalienable and inherent to all individuals by virtue of their being humans alone.
History
■ Throughout history, there has been a conflict between ruling elite and ruled.
e.g. Magna Carta-England 1215.
■ French Declaration of Rights of Man and of Citizen-1789.
American Bill of Rights.
■ Since First World War, League of Nations took some initiative.
■ ILO was created in 1919.
■ International Slavery Convention was signed in 1926
■ But during 1920s and 30s massive abuse of human life and dignity based on race, religion and nationality were there.
■ UNO was established after World War II.
Art I of UN Charter: 'To achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedom for all without distinction as to race, sex, language or religion.'

Universal Declaration of Human Rights


General Assembly of United Nations adopted and proclaimed Universal Declaration of Human Rights on December 10, 1948.
■ Art 1: All human beings are born free and equal in dignity and rights.
■ Art 2: Everyone is entitled to all rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, nation, property, birth or other status.
■ Art 3: Everyone has right to life, liberty and security of person.
■ Art 4: Slavery and slave trade is prohibited.
■ Art 5: No one shall be subject to torture.
■ Art 7: All are equal before law and are entitled to equal protection of law.
■ Art 9: No one shall be subject to arbitrary arrest, detention or exile.
■ Art 15: Everyone has right to a nationality.
■ Art 18: Freedom of thought, conscience & religion.
■ Art 23: Right to work.
■ Art 26: Right to education.


Indian Constitution and Human Rights

■ Art 13: Boldly declares that all laws in so far they are inconsistent with Fundamental Rights, be void, to extent of inconsistency, and further State shall not make any law which takes away or abridges these rights and any law made in contravention, shall be void.
■ Art 14: Secures equality before law to all persons.
■ Art 15: Prohibits discrimination among citizens on ground of religion, race, caste, sex or place of birth.
■ Art 16: Ensures equal opportunity to them in matters of public employment.
Art 19: Assures freedom of speech and expression, right to assemble peacefully and without arms; to form association and unions; to move freely throughout territory of India; to reside and settle in any part of country, trade and business etc.
■ Art 21: Guarantees equal protection of law and prohibits deprivation of life and personal liberty.
■ Art 23: Prohibits traffic in human beings and forced labour.
■ Art 24: Prohibits child labour.
■ Art 25-30: Assures freedom of conscience and right to manage religious institutions; as well as makes provisions for protection of minorities and their places of worship and educational institutions.
Directive Principles of State Policy (DPSP) provides for a lot of social and economic benefits for citizens to be attained in future.
■ In addition to these, there are several laws of a reformative character like Employees State Insurance Acts, Dowry (Prohibition) Act, Bonded Labour (Abolition) Act, Minimum Wages Act, Workmen Compensation Act, Protection of Civil Rights Act, Environmental Protection Act, etc. which try to ensure safety and security against various evils.


National Human Rights Commission



■ In keeping with spirit of human rights movement all over world, National Human Rights Commission (NHRC) came into existence in India through an Ordinance promulgated on 28th September 1993 by President of India.
■ However, soon Ordinance was replaced by a statute called Protection of Human Rights Act, 1993 which came into force in 1994. This Act provides for setting up NHRC at Centre as well as one Commission each at State level.
■ National Human Rights Commission is designed to protect human rights, defined as "rights relating to life, liberty, equality and dignity of individual guaranteed by Constitution or embodied in International covenant and which are enforceable by Courts in India" (Protection of Human Rights Act, 1993).

Composition


• NHRC consists of a Chairperson and four members, all of them being full-time members.
• Apart from these full-time members, Commission also has its deemed members as Chairpersons of National Commission for Minorities, National Commission for SCs & STs and National Commission for Women.
• multi-membership is intended to reinforce independence and impartiality of Commission. Of five members including Chairperson, three are to possess high level judicial background and remaining must have knowledge of or practical experience in matters relating to Human Rights.
• Chairperson must be no less than a former Chief Justice of India.

Functions


• It can intervene in any legal proceedings involving an allegation of violation of Human Rights.
• It can also, visit, with prior approval of State Government, any jail to study living conditions of inmates and make recommendations.
• It can review safeguards provided by or under Constitution or any law for protection of Human Rights and recommend measures for their effective implementation.
• Commission also reviews factors, including acts of terrorism, that inhibit enjoyment of Human Rights and recommends remedial measures.
• It also undertakes and promotes research in field of Human Rights.
• Finally, it encourages NGOs working in field of Human Rights.

Autonomy of Commission


• autonomy of Commission is derived from method of appointment of its members, their fixity of tenure, and statutory guarantees.
• Chairperson and members of Commission are appointed by President on basis of recommendations of a committee comprising Prime Minister as chairperson, Speaker of Lok Sabha, Home Minister, leaders of Opposition in LS and RS and Dy. Chairperson of RS as members.

Working of Commission


• Commission has all powers of a Civil Court.
• It has its own investigating staff for investigation into complaints of Human Rights violations.
• It is open to Commission to utilise services of any officer or investigation agency of Central Government or any State Government.
• Commission while inquiring into complaints of violations of human rights may call for information or report from Central Government or any State-Government, or any other authority or organisation subordinate thereto within such time as may be specified by it.
Commission may take any of following steps upon completion of an enquiry:
1. Where enquiry discloses Commission of violation of Human Rights or negligence in prevention of violation of Human Rights by a public servant, it may recommend to concerned Government or authority initiation of proceedings for prosecution or such other function.
2. Approach SC or HC concerned for such directions, orders, or writs as that court may deem necessary.
3. Recommend to concerned Government or authority for grant of such immediate interim relief to victim or members of his family.
authority or State Government or Some of Programmes and Human Rights issues taken up by Commission include:
• Review of Child Marriage Restraint Act, 1929
• Protocols to Convention on Rights of Child
• Preventing Employment of Children by Government Servants: Amendment of Service Rules
• Abolition of Child Labour
• Guidebook for Media on Sexual Violence against Children
• Trafficking in Women and Children : Manual for Judiciary for Gender Sensitization
• Sensitization Program on Prevention of Sex Tourism and Trafficking
• Maternal Anaemia and Human Rights
• Rehabilitation of Destitute Women in Vrindavan
• Combating Sexual Harassment of Women at Work Place
• Harassment of Women Passengers in Trains
• Abolition of Manual Scavenging
• Dalits issues including atrocities perpetrated on them
• Problems faced by Denotified and Nomadic Tribes
• Rights of Disabled
• Right to Health . HIV/AIDS
Central Government to whom Commission recommends for action has to indicate its comments/ action taken on report/recommendations of Commission within a period of one month in respect of general complaints and within a period of three months in respect of complaints relating to Armed Forces.


Sunday, September 27, 2009

Committee watch

Indian commissions
Balwant Rai Mehta Committee


The Government of India appointed a committee in January 1957 to examine the working of the Community Development Programme(1952) and the National Extension Service(1953) and to suggest measures for their better working. The Chairman of this committee was Balwantrai G Mehta. The committee submitted its report in November 1957 and recommended the establishment of the scheme of 'democratic decentralisation' which finally came to be known as Panchayati Raj.
The specific recommendations of the committee are:
1. Establishment of a 3-tier Panchayati Raj system-Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level. These tiers should be organically linked through a device of indirect elections.
Ashok Mehta Committee

In December 1977, the Janata Government appointed a committee on Panchayati Raj.
The main recommendations of the committee are:
1. The 3-tier system of Panchayati Raj should be replaced by the 2-tier system: Zilla Parishad at the district level, and below it,the Mandal Panchayat consisting of a group of villages covering a population of 15000 to 20000.
Shah Nawaz Committee

The Shah Nawaz Committee was an enquiry committee established in 1956 to investigate the controversies surrounding the supposed death of Indian war time leader Subhas Chandra Bose in August 1945. The Committee included Shah Nawaz Khan and also included A C Moitra and Suresh Chandra Bose. The committee was appointed in December 1955 and began its work in April the next year. It submitted its report in July 1956. However, the committee was notable in two of the members, Moitra and Bose, submitting was has since come to be called the "Dissident Report" that differed from the official report of the committee submitted by Khan to the Indian Government.
Khosla Commission

The Khosla Commission was a one-man commission headed by Justice GD Khosla that was established in India in July 1970 to re-investigate the circumstances surrounding the supposed death of Indian war-time leader Subhas Chandra Bose. The commission sat for four years and submitted the G D Khosla Report, which reached the same conclusions as those reached by the Shah Nawaz Committee in 1956. However, the conclusions of these two reports have since been criticised as incorrect and questionable.
Mukherjee Commission

The Mukherjee Commission refers to the one-man board of Mr. Justice Manoj Mukherjee , a retired judge of the Supreme Court of India which was instituted in 1999 to enquire into the controversy surrounding the reported death of Subhas Chandra Bose in 1945.
Central Vigilance Commission

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption.
It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.
Finance Commission of India

The Constitution of India provides for the establishment of a Finance Commission for the purpose of allocation of certain resources of revenue between the Union and the State Governments.The Finance Commission is established under Article 280 of the Constitution of India by the President.

Chairman: Vijay Kelkar 2010-2015
Indian Geophysical Union

The Indian Geophysical Union is the government of India's scientific body responsible for all activities related with Earth Science System such as such as seismology, magnetism, meteorology, geodesy, volcanology, oceanography, hydrology and tectonophysics and to encourage the study of and research in geophysical problems and to provide media for publication of the results. It is situated near another Geophysical Centre INCOIS Hyderabad.
Investment commission of India

The Investment commission of India is a three-member commission set up in the Ministry of Finance in December 2004 by the Government of India. Mr. Ratan Tata is Chairman and Mr. Deepak Parekh and Dr. Ashok Ganguly are members.
National Knowledge Commission

On 13th June, 2005 , the Prime Minister of India, Dr. Manmohan Singh, constituted the National Knowledge Commission, as a think-tank charged with considering possible policy that might sharpen India's comparative advantage in the knowledge-intensive service sectors.
In particular, the Commission was to advise the Prime Minister's Office on policy related to education, research institutes and reforms needed to make India competitive in the knowledge economy. The Commission was to recommend reform of the education sector, research labs, and intellectual property legislation; as well as consider whether the Government could itself upgrade its use of the latest techniques to make its workings more transparent.
The NKC website was launched in February 2006.
The National Knowledge Commission (NKC) consists of the following seven members.
Sam Pitroda, Chairman,
Ashok Ganguly, corporate leader
Nandan Nilekani, Infosys,
Dr. Deepak Nayyar, former Vice-chancellor, University of Delhi
Dr. Jayati Ghosh, economist at Jawaharlal Nehru University
Dr. Sujatha Ramadorai, TIFR Dr. P Balaram, Indian Institute of Science, Banglore


Tuesday, September 22, 2009

Polity

51. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People , is under which article --> 330
52. What is the term of a member of Rajya Sabha --> 6 Years
53. Right to equality is an important right provided for in which Articles of the constitution --> 14, 15, 16, 17 and 18
54. Which article of the constitution abolishes the practice of untouchability --> Article 17
55. The right to freedom in Article 19 guarantees the how many freedoms --> 6
56. The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and --> Begar or Forced Labour
57. Freedom of press" has been included in the right to freedom. True / false --> False
58. Which articles provide fundamental rights to Indian Citizen --> Article 12-35
59. Which act deprived the Company of its Indian trade monopoly except for trade in tea and the trade with China --> Charter act of 1813
60. In which amendment fundamental duties were added --> 42nd amendment
61. Fundamental duties don't enjoy any legal sanction. True or false --> True
62. The form of the government was borrowed from which country by law makers of India --> England
63. What the lawmakers of India have borrowed from Canada --> Scheme of federation
64. In India, a tax on Agricultural revenue can be levied by …? State / centre/ both / none --> State
65. In India education is a …… ? Class privilege / fundamental right/ qualification for political office/ legal obligation --> legal obligation
66. Who performs the duty of president on his / her absence --> vice-president
67. Who among the members of legislative assembly / parliament has been given a weightage in election of president --> none, a parity has been maintained between states as a whole and union
68. What can be the maximum number of members of the Lok Sabha --> 550
69. What was the total strength of the Lok Sabha, When 1st general election held in India --> 489
70. Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Which article says this --> Article 79
71. The President is elected by the members of an electoral college . What does electoral college consist --> Elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry
72. A President is eligible for re-election to that office. Which article says this --> Article 57
73. In the election of president of India, MLA's of different states have same number / different number of votes --> different
74. In the event of non enforcement of directive principals of the state by the government, a citizen can move to supreme court / high court /district court --> none of the court
75. Under which articles, cultural & educational rights have been discussed --> 29 and 30
76. What does "we" mean in the constitution of India --> The people of India
77. Who holds the ultimate sovereignty in the Indian Polity --> people of India
78. Who controls the executive in a parliamentary form of democracy --> Legislature
79. On what base, the states have representation in the Rajya Sabha --> Population
80. Is Indian constitution rigid --> No
81. In which house among the Rajya Sabha and Loksabha the presiding officer is not member of the house --> Rajya Sabha
82. In Recommending creation of new all India services, which house enjoys exclusive right --> Rajya Sabha
83. In which situation can the president promulgate an ordinance --> when parliament not in session
84. cabinet Mission to India was in which year --> 1946
85. Which mission aimed to discuss and finalize plans for the transfer of power from the British Raj to Indian leadership, providing India with independence under Dominion status in the Commonwealth of Nations --> The British Cabinet Mission of 1946 to India
86. Right to vote is a --> Political Right
87. In which year first session of Loksabha held --> 1952
88. President can proclaim a state of emergency under which article --> Article 352
89. When was election commission of India established --> January 25, 1950 (under Article 324 of Constitution of India)
90. What are the four pillars of the Indian Constitution --> Election Commission,Supreme Court (SC) of India, the Union Public Service Commission (UPSC) and the Comptroller and Auditor General of India (CAG)
91. Who elects appoints Chief Election Commissioner and Election Commissioners --> President
92. What is the tenure of Chief Election Commissioner and Election Commissioners --> six years, or up to the age of 65 years and 62 years respectively, whichever is earlier
93. How the Chief Election Commissioner can be removed from office --> only through impeachment by Parliament
94. How Other Election Commissioners may be removed --> by the President on the recommendation of the Chief Election Commissioner
95. What is the maximum permissible time gap between two sessions of parliament --> 6 months
96. Who is responsible for devising the best ways to utilize available resources of States --> Zonal council
97. Who supervises the Lok Sabha secretariat --> Lok Sabha Speaker
98. Which is a permanent house os state --> State legislative council
99. A judge of supreme court , who wishes to relinquish his job before expiry of his term will address his resignation to --> President
100.A judge of supreme court can be removed from his/her office by president on the basis of a resolution passed by --> 2/3 majority of Both Lok Sabha & Rajya Sabha.</marquee>
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Sunday, September 20, 2009

Lok Adalat


What is Lok Adalat?

1.       It is a judicial institution developed by the people themselves for social justice.
2.       It settles litigation by negotiation, arbitration or conciliation.
3.       It is a dispute settlement agency.
4.       Lok Adalats are not alternative to the existing courts. They are only supplementary to the courts.

Why Lok Adalats?

1.       Judicial justice is much despised in our country by the common man because of the ruinous cost of litigation, far too technical legal process, prolonged litigation and inordinate delay in disposal of cases.
2.       This form of redressal is needed for enabling the common people to ventilate their grievances against the state agencies or against other citizens and to seek a just settlement if possible.
3.       There are certain definite advantages of this institution.
4.       The parties are saved from extremely technical court procedures, which are followed in a regular court.
5.       They are saved from protracted litigation, anxiety, bitterness apart from the saving of expenses of court fees and other expenses, which they are likely to incur in future litigations by way of further appeal etc.
6.       The organization of Lok Adalat is informal and flexible. Apart from some minimum requirements in respect of procedures and approaches, the rest of the exercise is simple and varied as the nature of the problems and the culture of the community demand.
7.       The following types of cases can be brought before the Lok Adalats;
  1. Pre-litigation cases i.e. the disputes, which have not yet gone to the law courts.
  2. Pending cases i.e. the disputes, which have already gone to the law courts.
Since April 1985, Lok Adalats have been exclusively organized for settlement of motor third party claims. Although the concept of Lok Adalat was very much vogue since early years. This form was made available for settlement of Motor Third Party claims under the initiative of former Chief Justice of India, Shir P.N.Bhagwati, since then number of lok Adalats have been organized throughout the Country through this forum to the satisfaction of the claimants. It is expected to gather further momentum for settlement of these claims through this medium as both claimants do and the Insurance Company get benefit out of it.
That is the reason why Insurance Companies are interested in settling Third Party claims by Lok Adalats. The increase in cases in Motor Accident Claim Tribunal (MACT) and backlog of pending cases pressed the insurer and the judicial system to think about the quick disposal oriented system like Lok Adalat/Conciliatory forums should be utilized to optimum level.
Lok Adalat now is playing sole role in solving disputes and settling MACT cases. It has become a Dispute Management Institution. It is an informal system of dispute resolution. This is the expeditious method to settle large number of MACT claims. It is the best provisions by the effort of judiciary. Disposal through Lok Adalat is the only panacea for controlling the arrears of cases. Insurance Company can save additional interest. This is the simplest method, which is devoid of procedural wrangles of regular trial. According to Legal Services Authorities (Amendment) Act 1994 effective from 09-11-1995 has since been passed, Lok Adalat settlement is no longer a voluntary concept. By this Act Lok Adalat has got statutory character and has been legally recognized.

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