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Showing posts with the label Polity

Model Code of Conduct(MCC)

  Model Code of Conduct(MCC)  MCC are guidelines released by Election Commission of India(ECI) to regulate the conduct of political parties and candidates during the time of election to ensure the fairness of election.  MCC has no statutory backing and this resulted in vague implementation of MCC.  Why need statutory backing?  Cases of violations ECI lacks power to handle these violations MCC statutory status(Benefits)  Will bring clarity Punishment power to ECI Judicial punishment Protect rule of law Accountability of political party and candidates Drawbacks MP will make legislation for themselves(violation of separation of power)  Create burden on judiciary(pending cases is already large)  Dynamic nature of election demands flexibility in MCC Establishing ECI as quasi judicial body can reduce the litigations and statutory nature of MCC will empower ECI to conduct fair election. 

Citizenship in India

  Citizenship in India Part 2(Art 5- Art 11) of Indian Constitution deals with citizenship. And according to it different constitutional rights and non constitutional rights are available to citizens and aliens.  Constitutional rights available to only citizens- Article 15 Article 16 Article 19 Article 29  Article 30 Along with rights there are some duties are alos assigned to citizens like respecting national flag and national anthem.  Jus Soli - by soil(born in that soil)  Jus Sanguinis- by blood relationship The Constitution of India grants citizenship at the commencement of the Constitution and left the future citizenship granting rights to parliament.  Article realted to citizenship(at the commencement of Constitution)  Article 5- citizenship to domicile of India if he was Born in India Either of the parents born in India Resident of India for immediate 5 years before the commencement of Constitution Article 6-  citizenship to person migrated to India from Pakistan based on Eith

Election Commission Of India

  Election in India Part 15(Art 324-Art 329A) of Indian Constitution deals with election in India.  Art 324- Election Commission shall consist of the CEC and such number of other election commissioners(+Regional Commissioner), if any, as the President may from time to time fix. And service and tennure of election commissioners(+Regional Commissioner) will be determined by the president. ECI will direct and control the elections of Parliament, state legislature, President and Vice President.  1950 to 1989- 1 Chief Election Commissioner 1989-  1 Chief Election Commissioner + 2 Election Commissioner(61st amendment Act 1988- which lowered the voting age from 21 years to 18 years). But in 1990 it was again made a single member body 1993~  1 Chief Election Commissioner + 2 Election Commissioner Art 324(2)-  Appointment of the CEC and other Election Commissioners shall be made by the President, subject to the provisions of any law made on that behalf by Parliament Art 326-  Universal adult

ECI initiatives

  Initiatives by Election Commission of India(ECI)  1. Digital time voucher(2023)- Access of government owned electronic media(Doordarshan and All India Radio) to recognized political parties during elections. Steps towards digitalization of ECI services.  2. Standard of Procedure(2023)-  ECI released a guidelines. As per guidelines CBIC(central board of indirect tax and custom) will monitor monetary and non-monetary inducements in general election.  3. BLO e-Patrika(2022)-  to directly interact with block level officer(BLO) 

Important SC Judgements

  1. A. K. Gopalan case 1950 Protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action based on expression Procedure established by law(under Art 21)  Life= mere existence 2. Champakam Dorairajan case 1951 Directive Principles have to conform to and run as subsidiary to the Fundamental Rights. But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts. As a result parliament enacted 1st amendment Act.  3. Shankari Prasad case 1951 Challenged 1st Amendment Act 1951. Power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. As law under Article 13 include only ordinary law and not the Constitution amendment act 4. Berubari case 1960 Preamble is key to the minds of the makers of the Constitution.  But preamble is not part of Indian Constitution.  5. Golakhnath case 1967 Fundamentals right cannot be a

Self Help Group(SHG)

  Self Help Group Informal associations of people who choose to come together for better living conditions by their collective efforts towards common issues.  SHG is a vehicle of change for the poor and marginalized section of society. It encourage self employment and poverty alleviation.  History of SHG 1972- Ela Bhatt, lawyer of a formal group Textile Labour Association(TLA, formed in 1918 at Ahmedabad by Gandhiji) founded Self-Employed Women's Association(SEWA), an informal group of textile female workers.  SEWA- first SHG of modern India.  1992- SHG Bank Linkage Project was launched by NABARD.  SHG was allowed to open bank accounts. This helped the SHG to get formal credit from banks at reasonable intrest rate, rather then getting trapped in the hands of moneylenders.  1999-  Swarn Jayanti Gram Swarozgar Yojana(SGSY) was introduced to promote SHG.  2011-  SGSY was replaced by National Rural Livelihoods Mission(NRLM) Objectives of SHG Leadership quality promotion Collective de

Constituent Assembly

  Lecture 5  Constituent Assembly 1925-  Birkenhead Challenge 1927-  INC madras session Boycott of Simon commission and setting up All Parties Conference 1928-  First all parties conference under chairmanship of M. A. Ansari at Delhi Setup committee to frame Constitution 1928-  All parties conference(APC) under chairmanship of Motilal Nehru at Lucknow Nehru report was presented at APC Lucknow session 1941-  first Non-Party Conference(NPC) under Tej Bahadur Sapru to look political interest of individuals and minorities overlooked by political parties of that time.  1944-  Sapru committee was formed by NPC 1945-  Sapru report with following guidelines Protection of minorities Fundamental rights(Justiciable)  DPSP(Non-justiciable)  Constituent Assembly Demand   1934-   M. N. Roy put the idea of constituent assembly for first time.   1935- INC demanded formation of constituent assembly to frame Constitution 1938- Jawaharlal Nehru demanded to frame the Constitution of free India by a cons

Pre Independence Governance Part3

  Lecture 4  Pre Independence Governance Part3 Act Passed in India  EICo. Rule- Governor/Governor General   Bengal Regulation 1818- for preventive detention in Bengal region Bengal Sati Regulation 1829- William Bentinck made the sati practice illegal in British India(Raja Ram Mohan Roy)  Thugee and Dacoit Suppressions Acts 1836 Caste Disabilities Removal Act 1850- it abolished all laws affecting the rights of people converting to another religion or caste. The new Act allowed hindus who converted from Hindu religion to another religion equal rights under new law, especially in the case of inheritance. Hindu Widow’s Remarriage Act 1856- drafted by Dalhousie and passed by Canning(Ishwar Chandra Vidyasagar)  General Service Enlistment Act 1856- passed by Lord Canning to sent Indian soldiers overseas.  Act Passed in India  Crown Rule- Viceroy   Societies Registration Act 1860 Civil procedure code 1859(1908), Indian Penal Code 1860, Criminal Procedure Code 1861(1973)  The Paper Currenc

Pre Independence Governance Part2

  Lecture 3  Pre Independence Governance Part2 British Government Rule GoI Act 1858   The act was passed by British Parliament after 1857 revolt(An Act for the Better Government of India).   The act ended the doctrine of lapse policy introduced by Dalhousie . The Indian Royal families were allowed to rule their territory under British rule.  The governance of India was transferred from EICo to the royal family(Queen Victoria). India became a direct British colony.  The post of Governor general of India was replaced by Viceroy and Governor General of India(Charles Canning) . To assist the viceroy there was an executive Council of 4 members.  The Royal Family got the power to appoint Viceroy(Governor general) and Governors.  The Court of Directors and Board of Control were scrapped. A new body Secretary of state for India (from British Cabinet- Edward Henry Stanley) was established with a 15 members council to assist him. The council was advisory in nature.  The Indian Civil Services w

Pre-Independence Governance Part1

  Lecture 2  Pre Independence Governance Part1 Background  Introduction   The Britishers ruled India for almost 200 years(1765- 1947). In 1764 after the battle of Buxar, EICo got the diwani right of Bengal, Bihar and Odisha. This was the start of British governance in the Indian continent.  Laissez-faire (French word)- free economy(no government interference) related to Charter Act 1833  Gentoo Portuguese used the word Gentoo to distinguish native Indian Hindu from Christian and Muslim people. Later it became popular among European power to use Gentoo for Indian Hindus.  With the rise in popularity of Hindu words, Gentoo was replaced by Hindu gradually. And Gentoo is used to refer Telugu speaking population only.  A Code of Gentoo Law(1776)- The very first attempt by the British to establish social laws on the Indian subcontinent for administrative purposes was named A Code of Gentoo Law . It was funded by the East India Company(under Warren Hastings) and was translated from Persian in