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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๐Political party to be booked for money laundering
๐Why in news?
โ 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.
โ 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.
๐Prevention of Money Laundering Act (PMLA), 2002
โ Sec 3 of the Act defines offence of money laundering as โ
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.
๐Laws under which a political party can be booked for money laundering
โ Section 70 of the PMLA, 2002
๐ฐIt 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.
๐ฐThe 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.
๐Is political party a company?
๐ฐThe political party is not a โcompanyโ incorporated under the Companies Act 2013.
๐ฐHowever, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
๐ฐExplanation 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.
๐ฐThe phrase โassociation of individualsโ can include political parties.
๐ฐA 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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๐Why in news?
โ 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.
โ 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.
๐Prevention of Money Laundering Act (PMLA), 2002
โ Sec 3 of the Act defines offence of money laundering as โ
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.
๐Laws under which a political party can be booked for money laundering
โ Section 70 of the PMLA, 2002
๐ฐIt 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.
๐ฐThe 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.
๐Is political party a company?
๐ฐThe political party is not a โcompanyโ incorporated under the Companies Act 2013.
๐ฐHowever, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
๐ฐExplanation 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.
๐ฐThe phrase โassociation of individualsโ can include political parties.
๐ฐA 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
๐Constitutional Basis for Reservation:
The Constitution of India provides for reservation in various forms, including articles
โ Article 15(4)
โ Article 16(4)
โ Article 16(4A)
โ Article 16(4B)
โ Article 39A
โ Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
โ Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
โ Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
โ Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the โcreamy layerโ (more affluent members) of OBCs from reservation benefits.
โ 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
โ Article 15(4)
โ Article 16(4)
โ Article 16(4A)
โ Article 16(4B)
โ Article 39A
โ Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
โ Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
โ Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
โ Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the โcreamy layerโ (more affluent members) of OBCs from reservation benefits.
โ 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
โ The 8th Schedule of the Indian Constitution consists of 22 languages.
โ Of these languages, 14 were initially included in the Constitution.
โ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
โ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
โ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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โ The 8th Schedule of the Indian Constitution consists of 22 languages.
โ Of these languages, 14 were initially included in the Constitution.
โ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
โ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
โ 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
โช๏ธTrick: General Business Rules
โ G : General purpose committee
โ B : Business advisory committee
โ R : Rules committee
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โช๏ธTrick: General Business Rules
โ G : General purpose committee
โ B : Business advisory committee
โ R : Rules committee
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๐โ๐จArticle 239 AB
๐ฒArticle 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.
๐ฒArticle 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assemblyโs legislative powers to Parliament where the State government cannot be โcarried on in accordance with the provisions of the Constitution.โ This power to impose โPresidentโs Ruleโ has mostly been exercised in two limited circumstances โ where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
๐ฒArticle 239 AB (a) says โif the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,โ the president can dismiss the council of ministers.
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๐ฒArticle 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.
๐ฒArticle 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assemblyโs legislative powers to Parliament where the State government cannot be โcarried on in accordance with the provisions of the Constitution.โ This power to impose โPresidentโs Ruleโ has mostly been exercised in two limited circumstances โ where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
๐ฒArticle 239 AB (a) says โif the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,โ the president can dismiss the council of ministers.
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๐ 9th, 10th, 11th and 12th Schedule
๐ก๏ธNinth 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.
๐ก๏ธHowever, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
๐ก๏ธ10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
๐ก๏ธ11th 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.
๐ก๏ธ12th 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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๐ก๏ธNinth 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.
๐ก๏ธHowever, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
๐ก๏ธ10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
๐ก๏ธ11th 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.
๐ก๏ธ12th 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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๐ก CENTRE-STATE ADMINISTRATIVE RELATIONS
๐ฒ Article 256 โ Obligation of states and the Union
๐ฒ Article 257 โ Control of the Union over states in certain cases
๐ฒ Article 257A โ Assistance to States by deployment of armed forces or other forces of the Union (Repealed)
๐ฒ Article 258 โ Power of the Union to confer powers, etc., on states in certain cases
๐ฒ Article 258A โ Power of the states to entrust functions to the union.
๐ฒ Article 259 โ Armed Forces in States in Part B of the First Schedule (Repealed)
๐ฒ Article 260 โ Jurisdiction of the Union in relation to territories outside India
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๐ฒ Article 256 โ Obligation of states and the Union
๐ฒ Article 257 โ Control of the Union over states in certain cases
๐ฒ Article 257A โ Assistance to States by deployment of armed forces or other forces of the Union (Repealed)
๐ฒ Article 258 โ Power of the Union to confer powers, etc., on states in certain cases
๐ฒ Article 258A โ Power of the states to entrust functions to the union.
๐ฒ Article 259 โ Armed Forces in States in Part B of the First Schedule (Repealed)
๐ฒ Article 260 โ Jurisdiction of the Union in relation to territories outside India
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Judiciary Mapping=> Click Here
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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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SPECIAL LEAVE PETITION :
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
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Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Join @Indian_Judiciary_Preparation
Forwarded from Indian Judiciary Preparation PCS J
42nd Amendment Act of 1976 added four new Directive Principles to the original list. Those DPSPs are:
1โฃ Article 39 - To secure opportunities for healthy development of children.
2โฃ Article 39A - To promote equal justice and to provide free legal aid to the poor.
3โฃ Article 43A - To take steps to secure the participation of workers in the management of industries
4โฃ Article 48A - To protect and improve the environment and to safeguard forests and wild life.
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1โฃ Article 39 - To secure opportunities for healthy development of children.
2โฃ Article 39A - To promote equal justice and to provide free legal aid to the poor.
3โฃ Article 43A - To take steps to secure the participation of workers in the management of industries
4โฃ Article 48A - To protect and improve the environment and to safeguard forests and wild life.
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