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Showing posts with label INDIAN POLITY. Show all posts
Showing posts with label INDIAN POLITY. Show all posts

24 August 2015

Tribal Welfare

Article 164 of the Constitution provides that there shall be a Minister in charge of Tribal Welfare who may in addition be in charge of the welfare of the Scheduled Castes and Backward Classes or any other work in the States of Bihar, Madhya Pradesh and Orissa.
Consequent upon the creation of the States of Chhattisgarh and Jharkhand, a sizable portion of the Scheduled Areas of the erstwhile State of Madhya Pradesh stands transferred to Chhattisgarh and the entire Scheduled Areas of the former Bihar State stand transferred to the newly formed Jharkhand State and the Scheduled Areas. Further, as per census figures of 2001, the percentage of the Scheduled Tribes population to total population in the four States are as follows:—
            Name of the State                                          Percentage of the Scheduled Tribes population to total
(i)                  Bihar                                                0.9
(ii)                Jharkhand                                26.3
(iii)                Chhattisgarh                              31.8
(iv)               Madhya Pradesh                                   20.3

As there are no Scheduled Areas in Bihar now and the fraction of population of the Scheduled Tribes is very small, it is proposed to exclude Bihar from the purview of the said proviso and also proposed to extend the provisions of clause (1) of Article 164 to the newly formed States of Chhattisgarh and Jharkhand.

05 August 2015

THE RANI LAKSHMI BAI CENTRAL AGRICULTURAL UNIVERSITY ACT, 2014

An Act to provide for the establishment and incorporation of a University in the Bundelkhand region for the development of agriculture and for the furtherance of the advancement of learning and pursuit of research in agriculture and allied sciences and declare it to be an institution of national importance.

The headquarters of the University shall be at Jhansi in the State of Uttar Pradesh and it may also establish campuses at such other places within its jurisdiction as it may deem fit:

Bundelkhand” means the area covering six districts, namely Chhatarpur, Damoh, Datia, Panna, Sagar and Tikamgarh of Madhya Pradesh and seven districts, namely Banda, Chitrakoot, Hamirpur, Jalaun, Jhansi, Lalitpur and Mahoba of Uttar Pradesh


THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX ACT, 2015




An Act to make provisions to deal with the problem of the Black money that is undisclosed foreign income and assets, the procedure for dealing with such income and assets and to provide for imposition of tax on any undisclosed foreign income and asset held outside India and for matters connected therewith or incidental thereto

Types of Bills

Types of Bills introduced in the Parliament

Bills may be classified into Government Bills and private members' Bills accordingly as they are sponsored by a Minister or a private member. Depending upon their contents, Bills may further be classified broadly into

(a) Original Bills which embody new proposals, ideas or policies,
(b) Amending Bills which seek to modify, amend or revise existing Acts,
(c) Consolidating Bills which seek to consolidate existing laws/enactments on a particular subject,
(d) Expiring Laws (Continuance) Bills which seek to continue Acts which, otherwise, would expire on a specified date,
(e) Repealing and amending Bills to cleanse the Statute Book,
(f) Validating Acts to give validity to certain actions,
(g) Bills to replace Ordinances,
(h) Money and Financial Bills, and
(i) Constitution Amendment Bills.

04 August 2015

THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION ACT, 2014

An Act to regulate the procedure to be followed by the National Judicial Appointments Commission for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and for their transfers and for matters connected therewith or incidental thereto

THE LOKPAL AND LOKAYUKTAS ACT, 2013


An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

The Lokpal shall consist of— 
(a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfils the eligibility specified in clause (b) of sub-section 
(3); and

(b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members: 

Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women. 

sub-section (3) 
A person shall be eligible to be appointed,— 
(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court; 

(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.


03 August 2015

THE CONSTITUTION (ONE HUNDREDTH AMENDMENT) ACT, 2015



An Act further to amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.

111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India as per the jointly verified cadastral enclave maps and signed at the level of DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be exchanged without claim to compensation for the additional areas going to Bangladesh.

21 July 2015

Rajya Sabha in Financial Matters

Rajya Sabha in Financial Matters

Money Bill can be introduced only in Lok Sabha.  After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation.  The power of Rajya Sabha in respect of such a Bill is limited.   Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt.  If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.  Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.
Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha.  There are, however, some other types of Financial Bills on which there is no limitation on the powers of the Rajya Sabha.  These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill.  Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof.

From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance.  The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it.  Though Rajya Sabha does not vote on Demands for Grants of various Ministries - a matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses.  Similarly, the Finance Bill is also brought before Rajya Sabha.  Besides, the Department-related Parliamentary Standing Committees that examine the annual Demands for Grants of the Ministries/Departments are joint committees having ten members from Rajya Sabha. 

Special Powers of Rajya Sabha

 Special Powers of Rajya Sabha
Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution.  All the subjects/areas regarding legislation have been divided into three Lists - Union List, State List and concurrent List.
Union and State Lists are mutually exclusive - one cannot legislate on a matter placed in the sphere of the other.  However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.  Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.
If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.
Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency.  Every such proclamation has to be approved by both Houses of Parliament within a stipulated period.  Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard.  If a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

11 July 2015

Half-an-Hour Discussion (Lok Sabha)

Half-an-Hour Discussion.
A Half-an-Hour Discussion can be raised on a matter of sufficient public importance which has been the subject of a recent question in Lok Sabha irrespective of the fact whether the question was answered orally or the answer was laid on the Table of the House and the answer which needs elucidation on a matter of fact. Normally not more than half an hour is allowed for such a discussion. 
Usually, half-an-hour discussion is listed on Mondays, Wednesdays and Fridays only, In one session, a member is allowed to raise not more than two half-an-hour discussions. 
During the discussion, the member who has given notice makes a short statement and not more than four members who have intimated earlier and have secured one of the four places in the ballot are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. There is no formal motion before the House nor voting. 

Question Hour

Question Hour 

The first hour of every sitting of Lok Sabha is called the Question hour. Asking of questions in Parliament is the free and unfettered right of members. It is during the Question hour that they may ask questions on different aspects of administration and Government policy in the national as well as international spheres. Every Minister whose turn it is to answer to questions has to stand up and answer for his Ministry's acts of omission or commission. 
Questions are of three types - Starred, Unstarred and Short Notice.

A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark.

An Unstarred Quesion is one which is not called for oral answer in the house and on which no supplementary questions can consequently be asked. An answer to such a question is given in writing. Minimum period of notice for starred/ unstarred question is 10 clear days. 
If the questions given notice of are admitted by the Speaker, they are listed and printed for answer on the dates allotted to the Ministries to which the subject matter of the question pertains. 
The normal period of notice does not apply to Short Notice Questions which relate to matters of urgent public importance. However, a Short Notice Question may only be answered on short notice if so permitted by the Speaker and the Minister concerned is prepared to answer it at shorter notice. A Short Notice Question is taken up for answer immediately after the Question Hour. 

22 December 2012

CONSTITUTION OF INDIA



Constitution of India, 1949
Contents
Sections
Particulars

Part I
The Union And Its Territory
1
2
2A
[Repealed]
3
4
Part II
Citizenship
5
6
7
8
9
10
11
Part III
Fundamental Rights

General
12
13
14
15
16
17
18

Right to Freedom
19
20
21
22

Right against Exploitation
23
24

Right to Freedom of Religion
25
26
27
28

Cultural and Educational Rights
29
30
31
[Repealed]

Saving of certain laws
31A
31B
31C
31D
[Repealed]

Right to Constitutional Remedies
32
32A
[Repealed]
33
34
35
Part IV
Directive Principles Of State Policy
36
37
38
39
39A
40
41
42
43
43A
44
45
46
47
48
48A
49
50
51
Part IVA
Fundamental Duties
51A
Part V
The Union
Chapter I
The Executive

The President and Vice-President
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75

The Attorney-General for India
76

Conduct of Government Business
77
78
Chapter II
Parliament

General
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98

Conduct of Business
99
100

Disqualifications of Members
101
102
103
104
105
106

Legislative Procedure
107
108
109
110
111

Procedures in Financial Matters
112
113
114
115
116
117

Procedure Generally
118
119
120
121
122
Chapter III
Legislative Powers Of The President
123
Chapter IV
The Union Judiciary
124
125
126
127
128
129
130
131
131A
[Repealed]
132
133
134
134A
135
136
137
138
139.   
139A
140
141
142
143
144
144A
[Repealed]
145
146
147
Chapter V
Comptroller And Auditor-General Of India
148
149
150
151
Part VI
The States
Chapter I
General
152
Chapter II
The Executive

The Governor
153
154
155
156
157
158
159
160
161
162

Council of Ministers
163
164

The Advocate-General for the State
165

Conduct of Government Business
166
167

Individual officers
Chapter III
The State Legislature

General
168
169
170
171
172
173
174
175
176
177

Officers of the State Legislature
178
179
180
181
182
183
184
185
186
187

Conduct of Business
188
189

Disqualifications of Members
190
191
192
193

Powers, Privileges and Immunities of State Legislatures and their Members
194
195

Legislative Procedure
196
197
198
199
200

Governor’s assent to Bills
201

Procedure in Financial Matters
202
203
204
205
206
207

Procedure Generally
208
209
210
211
212
Chapter IV
Legislative Power Of The Governor
213
Chapter V
The High Courts In The States
214
215
216
217
218
219
220
221
222
223
224
224A
225
226

Students
226A
[Repealed]
227
228
228A
[Repealed]
229
230
231
Chapter VI
Subordinate Courts
233
233A
234
235
236
237
Part VII
[Repealed]
Part VIII
The Union Territories
239
239A
239B
240
241
242
[Repealed]
Part IX
The Panchayats
243
243A
243B
243C
243D
243E
243F
243G
243H
243I
243J
243K
243L
243M
243N
243O

Election process (Gram Panchayats)
Part IX A
The Municipalities
243P
243Q
243R
243S
243T
243U
243V
243W
243X
243Y
243Z
243ZA
243ZB
243ZC
243ZD
243ZE
243ZF
243ZG
Part X
The Scheduled And Tribal Areas
244
244A
Part XI
Relations Between The Union And The States
Chapter I
Legislative Relations

Distribution of Legislative Powers
245.   
246.   
247.   
248.   
249.   
250
251
252
253
254
255
Chapter II
Administrative Relations

General
256
257
257A
[Repealed]
258
258A
259
[Repealed]
260
261

Disputes relating to Waters
262

Co-ordination between States
263
Part XII
Finance, Property, Contracts And Suits
Chapter I
Finance

General
264
265

Fee
266
267

Distribution of Revenues between the Union and the States
268
269
270
271
272
273
274
275
276
277
278
[Repealed]
279
280
281

Miscellaneous Financial Provisions
282
283
284
285
286
287
288
289
290
290A
291
[Repealed]
Chapter II
Borrowing
292
293
Chapter III
Property, Contracts, Rights, Liabilities, Obligations And Suits
294
295
296
297
298
299
300
Chapter IV
Right To Property
300A
Part XIII
Trade, Commerce And Intercourse Within The Territory Of India
301
302
303
304
305
306
[Repealed]
307
Part XIV
Services Under The Union And The States
Chapter I
Services
308
309
310
311
312
312A
313
314
[Repealed]
Chapter II
Public Service Commission
315
316
317
318
319
320
321
322
323
Part XIVA
Tribunals
323A
323B
Part XV
Elections
324
325
326
327
328
329
329A
[Repealed]
Part XVI
Special Provisions Relating To Certain Classes
330
331
332
333
334
335
336
337
338
339
340
341
342
Part XVII
Official Language
Chapter I
Language Of The Union
343
344
Chapter II
Regional Languages
345
346
347
Chapter III
Language Of The Supreme Court, High Courts, Etc
348
349
Chapter IV
Special Directives
350
350A
350B
351
Part XVIII
Emergency Provisions
352
353
354
355
356
357
358
359
359A
[Repealed]
360
Part XIX
Miscellaneous
361
361A
362
[Repealed]
363
363A
364
365
366
367
Part XX
Amendment Of The Constitution
368
Part XXI
Temporary, Transitional And Special Provisions
369
370
371
371A
371B
371C
371D
371E
371F
371G
371H
371-I
372
372A
373
374
375
376
377
378
378A
379-391
[Repealed]
392
Part XXII
Short title, commencement, Authoritative text in Hindi and Repeals
393
394
395
Schedule