Doctrine of Eclipse

@ This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive.
@ Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were enacted before the Constitution came into force) and not to post-constitutional laws.
@ This means that any post-constitutional law which is violative of a fundamental right is void ab initio.

#Target_Shots #Pre_2020 #Polity

features of Federalism in India:

• Division of Powers: Presence of Union List, State list and Concurrent list
• Written Constitution
• Supremacy of the Constitution
• Rigidity of the Constitution
• Independent Judiciary
• Bicameralism

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Unitary features that makes the Constitution tilted towards
Centre ( bias)-

• Single Constitution
• Single Citizenship
• Integrated Judiciary
• Flexibility of the Constitution under Article 368
• Appointment of State Governors by the State
• All India Services
Emergency Provisions
• No equality of State representation in Rajya Sabha
• Parliament’s authority over State List
• Veto Over State Bills
• Article 256 of the Constitution obligates the State government to ensure implementation
of the laws made by Parliyament

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CAA -

CAA will NOT apply to areas under the sixth schedule of the Constitution – which deals with autonomous tribal-dominated regions in
a. Assam
b. Meghalaya
c. Tripura
d. Mizoram.

The law will also NOT apply to states that have the inner-line permit regime
a. Arunachal Pradesh
b. Nagaland
c. Mizoram

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Article 142: Extraordinary powers


1. Article 142 (1) states that the Supreme Court in the exercise of its jurisdiction may pass necessary order for
doing complete justice in any pending matter.

2. Such passed order would be enforceable throughout the territory of India having the effect of parliamentary law until provision on that matter is made.

3.The article entrusts ultimate power in the Supreme Court for ensuring ‘complete justice’. This power is usually used in cases involving human rights and environmental protection.

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The National Commission for Protection of Child Rights (NCPCR) has been constituted by the Government of India, under the Commission for Protection of Child Rights (CPCR) Act, 2005 to exercise and performs the powers and functions assigned to it under CPCR Act, 2005.

• The commission consist of a Chairperson who, is a person of eminence and has done an outstanding work for promoting the welfare of children; and six members.

• The Commission shall not enquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.

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#polity

President's Power with respect to different Bill passed by parliament and then send for president's approval, here president can take different actions according to Bill type...

ORDINARY BILL = 
✅Assent 
✅Withhold
✅Return

MONEY BILL = (+require prior permission for introduction)
✅Assent 
✅Withhold
❌Return

CONSTITUTIONAL AMENDMENT BILL = ( Not require prior permission for introduction)
✅Assent 
❌Withhold
❌Return

24th Constitutional amendment made president bind to give assent to constitutional amendment bill


#Polity #,Prelim2020

Article 136(Special leave petition):
-Under Article 136 of the Constitution, the Supreme Court is authorised to grant in its discretion special leave to appeal from (a) any judgment, decree determination, sentence or order (b) in any
case or matter or (c) passed or made by any court or tribunal in the territory of India.
- The only exception to this power of the Supreme Court is with regard to any judgment of any court or tribunal constituted by or under any law relating to the armed forces.
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#target_shots
#THANKS MAYUR

Section 144
● Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorizes the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area.
● It is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property.
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#target_shots

INGREDIENTS OF THE PREAMBLE
The Preamble reveals
1. Source of authority of the Constitution: people of India.
2. Nature of Indian State: sovereign, socialist, secular democratic and
republican polity.
3. Objectives of the Constitution: justice, liberty, equality and
fraternity
4. Date of adoption of the Constitution: November 26, 1949

#Polity basic #Prelim2020

INGREDIENTS OF THE PREAMBLE
The Preamble reveals
1. Source of authority of the Constitution: people of India.
2. Nature of Indian State: sovereign, socialist, secular democratic and
republican polity.
3. Objectives of the Constitution: justice, liberty, equality and
fraternity
4. Date of adoption of the Constitution: November 26, 1949

#Prelim2020 #volume6 #Polity

Article143 Advisory Jurisdiction

The Constitution (Article 143) authorises the President to seek the opinion of the Supreme Court on any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

But any such advice tendered by the SC is not binding on the President.
#Prelim2020 #volume6 #Polity

Criminal contempt of court against lawyer-activist Prashant Bhushan

Constitutional Provisions:

Article 129: Grants Supreme Court the power to punish for contempt of itself.

Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.

Article 215: Grants every High Court the power to punish for contempt of itself.

However, the expression ‘contempt of court’ has not been defined by the Constitution.


#Prelim2020 #volume6 #Polity

Contempt of Courts

As per the Contempt of Courts Act 1971, contempt refers to the offence of showing disrespect to the dignity or authority of a court. The Act divides contempt into civil and criminal contempt.

Civil contempt: It is willful disobedience to any judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to the court.

Criminal contempt: It is any act which may result in:

Scandalising the court by lowering its authority.

Interference in the due course of a judicial proceeding.

An obstruction in the administration of justice.

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Exceptions to the Disqualification on the Ground of Defection

If a member goes out of his party as a result of a merger of the party with another party.

A merger takes place when two-thirds of the members of
the party have agreed to such merger.

If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he
ceases to hold that office.

#Prelim2020 #Polity

National People’s Party:

1.The NPP got the status of national party in 2019, after it was recognised as a state party in four
states — Arunachal Pradesh, Manipur, Nagaland and Meghalaya.

2.It is the eighth party to get the recognition —
after INC, BJP, BSP, NCP, CPI, CPI(M) and Trinamool Congress.

3.It is also the first party from Northeast India to be recognised as a national party.

#Polity #Prelim2020

Provisions of Indian Constitution related to Cooperatives:
The Constitution (97th Amendment) Act, 2011 added a new Part IXB right after Part IXA (Municipals) regarding the cooperatives working in India.
The word “cooperatives” was added after “unions and associations” in Article 19(1)(c) under Part III of the Constitution. This enables all the citizens to form cooperatives by giving it the status of fundamental right of citizens.
A new Article 43B was added in the Directive Principles of State Policy (Part IV) regarding the “promotion of cooperative societies”

#Polity #Prelim2020

The Supreme Court, while declining to interfere with the open ballot system, ruled that not voting for the party candidate will not attract disqualification under the anti-defection law

As voters, MLAs retain their freedom to vote for a candidate of their choice. However, the Court observed that since the party would know who voted against its own candidate, it is free to take disciplinary action against the legislator concerned


#Prelim2020 #Polity #Rajhyasabha

Articles in News #1

📌Article 75(2)

- It states that ministers hold office at the President's pleasure.

-Ministers are appointed by the President based on the Prime Minister's advice.

-Every minister has individual responsibility.

-The Prime Minister can request the resignation of any minister at any time.

-If a minister refuses to resign, the Prime Minister can recommend their dismissal to the President.

-Losing the Prime Minister's confidence results in dismissal by the President.

#Polity_in_NEWS