Forwarded from Law Students PCS J
STRINGENT :
कड़ी से कड़ी, कठोर, सख़्त
E.g. Provision of giving notice under Section 80 of CPC before the institution of a suit against the Government or a public officer is made less stringent.
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कड़ी से कड़ी, कठोर, सख़्त
E.g. Provision of giving notice under Section 80 of CPC before the institution of a suit against the Government or a public officer is made less stringent.
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
New Rules - UP HJS Recruitment.pdf
1.4 MB
New Rules - UP HJS Recruitment
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Forwarded from Indian Judiciary Preparation PCS J
✅Fundamental Rights:
🔸 The Constitution offers all citizens, individually and collectively, some basic freedoms.
🔸 These are guaranteed in the Constitution in the form of six broad categories of Fundamental
Rights which are justifiable.
🔸Articles 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
🔸Few rights are applicable to non-citizens as well.
🔸 The Constitution offers all citizens, individually and collectively, some basic freedoms.
🔸 These are guaranteed in the Constitution in the form of six broad categories of Fundamental
Rights which are justifiable.
🔸Articles 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
🔸Few rights are applicable to non-citizens as well.
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Forwarded from Indian Judiciary Preparation PCS J
Difference between Article 32 and Article 226 of the Indian Constitution:
1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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Forwarded from Indian Judiciary Preparation PCS J
Telenga Junior Civil Judge Notification.pdf
5.7 MB
Telenga Junior Civil Judge Notification.
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
🔆Political party to be booked for money laundering
📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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Forwarded from Indian Judicial Services
🔆Constitutional Basis for Reservation:
The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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Forwarded from Indian Judiciary Preparation PCS J
8th Schedule
✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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Forwarded from Indian Judiciary Preparation PCS J
Parliamentary committees chaired by speaker
▪️Trick: General Business Rules
✅G : General purpose committee
✅B : Business advisory committee
✅R : Rules committee
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▪️Trick: General Business Rules
✅G : General purpose committee
✅B : Business advisory committee
✅R : Rules committee
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Forwarded from UPSC Prelims Notes MCQs Quiz
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Forwarded from Indian Judiciary Preparation PCS J
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👁🗨Article 239 AB
🔲Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
🔲Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be ‘carried on in accordance with the provisions of the Constitution.’ This power to impose ‘President’s Rule’ has mostly been exercised in two limited circumstances — where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
🔲Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
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🔲Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
🔲Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be ‘carried on in accordance with the provisions of the Constitution.’ This power to impose ‘President’s Rule’ has mostly been exercised in two limited circumstances — where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
🔲Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
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💠9th, 10th, 11th and 12th Schedule
🛡️Ninth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
🛡️However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
🛡️10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
🛡️11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
🛡️12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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🛡️Ninth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
🛡️However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
🛡️10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
🛡️11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
🛡️12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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🛡 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
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🔲 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
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Forwarded from Indian Judiciary Preparation PCS J
Judiciary Mapping=> Click Here
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Forwarded from Indian Judiciary Preparation PCS J
Difference between Article 32 and Article 226 of the Indian Constitution:
1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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