0% found this document useful (0 votes)
25 views3 pages

Polity

The document covers various aspects of Indian constitutional law, including the role of the Governor, judicial review, and the disqualification of legislators. It discusses the Election Commission's appointment process and the Anti-defection law under the Tenth Schedule, highlighting key court cases and recommendations for reform. Additionally, it addresses the powers of the President and the establishment of tribunals, along with notable agreements and movements relevant to governance.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
25 views3 pages

Polity

The document covers various aspects of Indian constitutional law, including the role of the Governor, judicial review, and the disqualification of legislators. It discusses the Election Commission's appointment process and the Anti-defection law under the Tenth Schedule, highlighting key court cases and recommendations for reform. Additionally, it addresses the powers of the President and the establishment of tribunals, along with notable agreements and movements relevant to governance.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

• Faith for rights movement -UN

• Operation Enduring Freedom – US govt global war on terrorism


• Tribes Advisory Council –
1. They are mentioned in the Article-244(1) 5th Schedule in the Constitution.
2. It can be established in a state having scheduled tribes but not scheduled areas.
3. They advise on matters pertaining to the welfare and advancement of the Scheduled Tribes in
the State as may be referred to them by the Governor.

• CAG can’t be the member of parliament committees

Disqualification of Member of legislature :-


LILY THOMAS VS UNION OF INDIA (2013) in this
judgment, the Court invalidated Section 8(4) of the Representation of People Act 1951, which had
allowed a three-month period within which to appeal. Now the disqualification will be in effect from the
date of conviction.

The president under Article –103 will declare a sitting member disqualified .

• 'Agreement on the Prohibition of Attack against Nuclear installations' is an agreement


between: India and pakistan
• Sree Narayan Guru: He gave the famous slogan “One Caste, One Religion, One God for All”.
• Coffee club : United Nation Security council Reforms

Judicial review : -

• In India, the Constitution confers the power of judicial review on Supreme Court
only.
• The purpose of the judicial review is to review constitutional amendments only.
• Judicial review is a part of the basic structure of the constitution.

GOVERNOR :- For the Governor’s nomination to the legislative council of a state

• He must be a resident in the concerned state


• The size of Legislative Council cannot be more than one-third the membership
of the Vidhan Sabha and less than 40 members in total.

ARTICLE –368 (Constitutional amendment) :-

• A bill for amending Constitution can be introduced both in the


Lok Sabha or Rajya Sabha
• Constitution can be amended by public as well as private
member bill.
• Prior Presidential recommendation is not necessary to
introduce the constitutional amendment bill.
• The bill must be passed separately in each House of the
Parliament by a special majority.
Tribunals :-

1. Aggrieved party can challenge order of a tribunal in Supreme Court or High court.

2. Violators can be punished for contempt of Tribunals under Administrative Tribunal act
1985

3. Tribunals can be created by act of Parliament or by state legislatures.

4. National Green Tribunal draws its power from Green Tribunal Act 2010 .

PRESIDENT :- (veto power)

1. The Constitution does not prescribe any time-limit in case of pocket veto.

2. The President has no veto power in constitutional amendment bill.

3. The President does not possess the suspensive veto in case of money bills.

Election of ELECTION COMMISSIONER :-


A) The V.M. Tarkunde Committee appointed by Jayaprakash Narayan in 1975, the Dinesh
Goswami Committee on electoral reforms set up by the then Prime Minister, V.P. Singh, in the 1990s,
and the second Administrative Reforms Commission in its fourth report in 2009 among others made
recommendations that the appointments of members of the ECI should be more broad based (through a
collegium) than leaving this solely to the government on whose advice the President made these
appointments.

(B) In 2006, a suggestion was made by a former CEC, B.B. Tandon, to the former President of
India, A.P.J. Abdul Kalam (when both were in office) that a seven- member committee headed by the
Prime Minister should choose the CEC andthe other ECs. The committee should include the Lok Sabha
Speaker, the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha, the Law Minister, the
Deputy Chairperson of the Rajya Sabha and a judge of the Supreme Court nominated by the CJI.

(C) In 2012, senior leader of the BJP and former Deputy Prime Minister L.K. Advani reiterated the
argument that such a collegium should be formed with the Prime Minister as its chairman, with the CJI,
the Minister of Law and Justice and the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha
as its members. He argued that the prevalent system, whereby members to the ECI are appointed by the
President, solely on the advice of the Prime Minister, does not inspire confidence among the people .

NOTE :-Gaurdianship of children :- Section 6 of the Hindu Minority and Guardianship Act, 1956
declares the father as the natural guardian and ‘after him’ the mother; the mother would ordinarily
have custody till the child attains five years of age. The person would lose custody if she/he ceases to be
Hindu. In Githa Hariharan (1999), the Supreme Court of India held that the expression ‘after him’ does
not necessarily mean ‘after life­time’ of the father but, instead, ‘in the absence of.

TENTH SCHEDULE :- Talks about the Anti-defection law of the member of political party.
*Added throught the 52nd CAA act ,1985

*The instructions with respect to voting to remove mebers is issued by the ‘Whip’ (Member of the
legislature party in a house appointed as such by the respective political party.)

Two Exceptions in 10th Schedule :-

a) One third members of th legislature party splitting to form a separate group (omitted in
2003)-para 3
b) Merger of their political party with another party that is approved by 2/3rd members of
its political party .(Para 4)

Issues :-

With the deletion of para 3 there have been instances of 2/3rd members of a legislature party practically
defecting but claiming to be the original party in order to escpae disqualification.

Recommendations :-

The Supreme court in ‘K. M Singh V/S Speaker of Manipur '(2020) recommend that parliament amend
the constitution to vest these powers in an independent tribunal headed by Judges.

Initiatives :-

The Supreme court in ‘Sadiq Ali V/S Election Commission of India (1971)

Laid down 3 test Formula :-

a) Election Commission determine if either of Split Group Deviatted from the aims and objects of
the party forming the core point of the disagreement between them
b) EC to confirm if the affairs of the party were being conducted as per its constitution and reflect
inner party democracy
c) Test of majority involves gauging the numerical strength of the factions in the legislative and
organisational setup of the party.

You might also like