Censure v no confidence motion

CONCERNED ABOUT NEW CRIMINAL LAW BILL❓

Let us understand the deep down legal and practical process of making A Bill into an Act.

📌A bill can be initiated by a private MP or by government and there are-

==>Ordinary, financial, money and constitutional amendment bills.

GIST- The legislative process not only depends on the type of bill but on the basis of subject matter (content) in it and its ambit of impact.

✅LEGISLATIVE PROCESS

The ministry concerned takes the recommendation from attorney general, state governments(if), other ministries, on legal, financial and other matters then the proposal is sent to cabinet for approval and then government draftsman make the bill which is at last examined by adminstrative body.

📝Bill is ready for the introduction in the Parliament.

✅1st, 2nd & 3rd Readings of the Bill.

🎙️1st Reading— Minister can introduce as many bills as he can, introduction of bills in 1st reading with usually no discussion unless there is a opposition the ground of competancy of Parliament in bringing that bill.

🎙️2nd Reading— Most Detailed one consists of 2 stages-

👉 General Objectives of bills are discussed and bills can be referred to select or joint committee of houses (ad hoc) members are selected from the house in case of former where bill is introduced and in latter 2(LS):1(RS) ratio and presiding officer appoins the chairman.

===>Committees examine the bill clause by clause and may make amendments and the report is prepared by lok sabah secretariat.

📢👥Eliciting Opinion- Motion for circulation of bill for E.O is passed then views of state governments, local bodies and individuals are taken by gazzette publishing within the time period mentioned (in case N.M. then 3 months)
(Direct democracy) and then these are laid down in the houses and then motion of reference to select/ joint committee

👉 2nd stage is when report of joint committee is taken up for consideration then amendments and discussions by Clause by clause reading by both the houses separately. (Tedious process)

🎙️3rd Reading— At this stage, discussion is confined to arguments either in support of the Bill or for its rejection without referring to the details. (3rd reading is hardly an occasion for lengthy debate)

Ordinary bills are always passed if originated by government, if not then it is a sign of No-Confidence due to simple majority requirement.

📬The bill is transferred to other house with same process of 3 stage reading,
Now 5 Events can happen–

1. Deadlock in case of rejection.
2. If passed sent to president for assent.
3. If passed with amendments the originating house may pass it then (2) will follow.
4. If originating house rejects then bill is sent for concurrence again and if 6 motnhs lapse or other house insist for same amendments it is a Deadlock (1)

💀🔐 Deadlock –
In case of ordinary bills and not in constitutional bills, lok sabha has upper hand due to numerical strength amd only matters will be decided which are cause of delay.

The President Gives assent (subject to article 74 and 78)

✅What are Money Bill, Financial and Constitutional Amendment Bill.

1. Money bill Article 110- Decision of speaker is final- subjects relating to Imposition, alteration, abolition/remission of tax or regulation or borrowing by government or payment or withdrawal from Consolidate Fund of India or declaration of new items as expenditure in C.F.I. or any matter incidental to 110 (1) sub clause (a) to (f)

2. Financial Bill- 2 categories--->

✓A. Matters in 110 + other ones.
✓B. Bills Containing provisions involving expenditure from the Consolidated Fund.

#Discernible_Topics
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3. Constitutional Amendment Bill

✓A. Simple Majority -
• Admission or Alteration of states - Article 2, 3 & 4.
• Creation/Abolition of legislative council (169)
• Administration of scheduled Areas and Scheduled Tribes (para 7 of 5th Schedule) and
Administration of Tribal Areas( in the State of Assam, Meghalaya and Mizoram ( para 21 of 6th Schedule).

✓B.Special Majority
Any other constitutional matter.
With Majority of total membership + 2/3rd of members present and voting

✓C. Special Majority + Ratification by States
Same as B + 50% of states Ratification with simple majority, matters involving President's election, extent of executive power 73 and 162, distribution of legislative powers, supreme court and high courts, representation of states in parliament and article 368 itself.

🧠NOTE- No time limit provided by which states have to ratify.

🤯FACT- During the last 33 years, not a single Private member's Bill has become law.

✅Private members bills follow the same process it is just that a 1 month prior notice is to be given with objects and copy of bill.

✓In case of constitutional bill recommendation of private member bill committee is must.

✓This Committee categorises bill on 2 types on the basis of urgency and subject matter, nature and importance The Bills are included in the List of Business in the order of priority determined by the Ballot.

⭕--> Criminal Law Amendments are the bills with significant changes, which requires deep deliberation and this process will usually take 1 year for sure and even after that enforcement of these bills may extend due to some other factors such as infrastructure, posts and preparations.

~
“The making of laws in India requires a deep understanding of our history, culture, and traditions”

#Constitution
#law_making
#Parliament


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🏛️ Parliamentary Committees Increasing their effectiveness

1. Departmentally Related Standing Committees DRSCs meet to examine the expenditure of all Ministries, Bills referred to them, and policies selected by them.

✓After the Budget is presented, the DRSCs examine the Demands for Grants of all Ministries under its purview.
✓Examination of bills.
✓Every year, DRSC select subjects for detailed examination.

2. Committee on Public Accounts analyses accounts on funds
sanctioned by Parliament for government expenditure.

3. Estimates Committee assists Parliament in overseeing pre-budget
estimates of the government, and examines whether the proposed
expenditure is within the limits.

4. Committee on Public Undertakings analyses the accounts and CAG reports of PSUs.

5. Committee on Petitions examines complaints sent in the form
of petitions by the public.

6. Committee on Government Assurances scrutinises promises given by Ministers.

7. Subordinate Legislation scrutinises delegated legislation.

Share GK Today 1 Jan to 30 Sep 2023 Mcqs.pdf

250×9 = 2250 MCQs Approx

👨‍⚖️ G. Basi Reddy v. International Crops Research Institute (2003)

✓Article 12 - definition of state
✓Article 226

Conclusion - A writ under Article 226 can lie against a ‘person’ if it is a statutory body or performs a public function or discharges a public or statutory duty,” and since ICRISAT was not set up by a statue nor were its activities statutorily controlled, the Court held that High Court was right in not maintaining a writ petition was against ICRISAT.

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Justice Ravindra Bhat's Scholarly Legacy : A Look At His Important Judgments
https://www.livelaw.in/top-stories/justice-ravindra-bhats-scholarly-legacy-a-look-at-his-important-judgments-241035

Sex Workers, Their Adult Dependants, And Conflicting Laws
https://www.livelaw.in/articles/supreme-court-india-dignity-sex-workers-landmark-judgments-recommendations-terminology-shift-240987

🤩Important LeGal Essay Topics

✅Fundamental Duties in the Indian Constitution
✅Role of the Judge in a Democracy
✅Curative Jurisdiction of Supreme Court
✅Poverty as a Challenge to Human Rights
✅The Myth and Reality of Article 14 in the light of Growing Inequalities
✅Creative Role of Supreme Court of India in Enlarging and Protecting Human Rights.
✅Uniform Civil Code and the quest for Gender Justice
✅Interpreting and Shaping the Transformative Constitution of India.
✅Access to Justice and Legal Services in the Constitutional Framework of India
✅The Doctrine of the Invisible Constitution: A Relook at the Basic Structure
✅Doctrine in the Context of Unenumerated Fundamental Rights.
✅Judicial Perspective of Harmony between Fundamental Rights and
Directive Principles of State Policies in India for Protecting Democratic Norms.
✅Anti Defection Law in India, a Study of Emerging Problems and Issues.
✅SC on position of President of India: An Analysis

https://t.me/CurrentLegalGK/76

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The “disproportionate” power of the Chief Justice of India - Supreme Court Observer
https://www.scobserver.in/journal/the-disproportionate-power-of-the-chief-justice-of-india/

DELHI HIGH COURT SEPTEMBER 2023

#Live_law
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🧠 Solve 200 Questions Daily

IPC topic wise case laws and their brief

🤩 Most Important and Least Important topics for one of the most difficult subject of law

CPC important sections
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The Case of the Speluncean Explorers

#Section_81_of_IPC
#Self_defence
#Private_defence
#Self_preservation
#Necessity
#r_v_dudley

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