...IMPEACHMENT OF A JUDGE PROCEDURE OF IMPEACHMENT: Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment. A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome. Impeachment of judges can only be done on grounds of 'proven misbehavior' and 'incapacity'. if a judge of SC is to be impeached, recommendation must be made by the chief justice of India to the President. if it is accepted then a proposal for impeachment must be introduced by atleast 100 MPs in Lok sabha or 50 MPs in Rajya sabha. the concerned judge is to be given a copy of the proposal before the discussion takes place in the Parliament. the motion should be passed by a majority of two-thirds of the members present and voting ,seperately in each house. if the motion is passed...
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...Business Communication & Tools of Connection To: From: Date: Subject: Good leader Vs Bad Leader Mother Teresa was chosen as the good leader for this assignment. Mother Teresa was born on August 26, 1910. There was some confusion on when she was really born. She was baptized on the 27th of August as Agnes Gonxha Bojaxhiu, the day that is sometimes is considered her actual birthdate. Her father passed away when she was only 8 years old, the cause of his death still to this date remains unknown. There are some speculations that he was poisoned. At the age of 18, she decided to become a nun this is when she took the name sister Mary Teresa. Mother Teresa first made her vows in India where she would stay there for 17 years. Mother Teresa was a teacher at Saint Mary’s high school later on she became the principal of Saint Mary’s.(The Biography Cannel). Mother Teresa took the Final vows on May 24, 1937 this is when she actually became Mother Teresa. On September 10, 1946 Mother Teresa had a second calling Christ spoke to her telling her to abandon teach and begin working in the slums and helping out the poor. Mother Teresa need permission to do this since she already made a vow of obedience. It took about a year and a half to get the permission she needed. In January of 1948, Mother Teresa did get the approval to go ahead with the new calling. Mother Teresa established in old buildings a home for the dying. She won recognition for new congregation...
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...First and Last Indian Governor General of Free India C. Rajagopalachari First British Governor of India Lord William Bentinck First British Viceroy of India Lord Canning First Chairman of Prasar Bharti Nikhil Chakravorty First Chairman of Rajyasabha S.V. Krishnamurthy First Chief Election Commissioner of India Sukumar Sen First Dalit President of India K. R Narayanan First Deputy Prime Minister Vallabh Bhai Patel First Doctor to receive Nobel Prize in Medicine Dr.Hargovind Khurana First Education Minister Abul Kalam Azad First Ethnic Indian Prime Minister of Fiji Mahendra Chaudhury First Field Marshal of India General S.P.F.J. Manekshaw First Foreigner to receive Bharat Ratna Khan Abdul Gaffar Khan First Governor General of free India Lord Mountbatten First Home Minister of India Sardar Vallabh Bhai Patel First Indian Air chief Marshal S. Mukherjee First Indian Chess Grandmaster S Vishwnathan First Indian Chief Justice Justice Hiralal J Kania First Indian Commander-in-chief General K. M. Kariappa First Indian Cricketer to score three centuries in three matches successive on debut Mohd. Azaharuddin First Indian Cricketer to score Triple Century in Test Virendra Sehwag First Indian Judge of International Court of Justice Dr. Nagendra Singh First Indian Member of the viceroy's executive council S.P.Sinha First Indian Naval Chief Vice Admiral R. D. Katari First Indian Pilot JRD Tata First Indian to Cross English Channel ...
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...SEPARATION OF POWER: A COMPARATIVE STUDY INTRODUCTION The research topic deals with the concept of „the separation of powers. The researcher would like to highlight the concept of separation of powers and then gradually comes to the point separation of powers in England and US. After that the researcher would like to articulate the separation of powers in India. The doctrine of “the separation of powers” as usually understood is derived from Montesquieu whose elaboration of it was based on a study of Locke’s writings and an imperfect understanding of the eighteen century English constitution. Montesquieu, a research scholar, conceived the principle of separation of power. He found that concentration of power in one person or group of persons resulted in tyranny. He therefore, felt that the governmental power should be vested in three organs, the legislature, the executive and the judiciary. The principle can be stated as follows: (1) Each organ should be independent of the other; (2) no one organ should perform functions that belong to the other. Lock and Montesquieu derived the contents of this doctrine from the developments in the British constitutional history of the early 18th century. In England after a long war between parliament and the King, they saw the triumph of Parliament in 1688 which gave Parliament legislative supremacy culminating in the passage of the Bill of Rights. This led ultimately to recognition by the King of legislative and tax powers of...
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...10 July 2014 National SC restrains States on remission for life convicts The Supreme Court restrained all State governments from releasing life convicts exercising their remission powers. A five-judge Constitution Bench comprising Chief Justice R.M. Lodha and Justices J.S. Khehar, J. Chelameswar, A.K. Sikri and Rohinton Nariman passed the restraint order till July 22, when the matter relating to the release of life convicts in the Rajiv Gandhi assassination case would be taken up for hearing. Bollywood to open up for Canadian filmmakers The Bollywood market could soon open up on a large scale to Canadian filmmakers, with the coming into force of the Canada-India Audiovisual Coproduction Treaty, which will enable film producers of both the countries to utilise a common platform for collaboration on various facets of film-making. The agreement was signed by the Ministry of Information and Broadcasting and the Canadian High Commissioner earlier this year. It is expected to benefit producers from both the countries and allow them to combine their creative, technical and financial resources for co-production. CBI quizzes Andhra governor in Agusta chopper deal probe The CBI recorded the statement of former Intelligence Bureau director and Andhra Pradesh governor E S L Narasimhan as a witness in its probe into the AgustaWestland VVIP chopper deal. Senior official to handle PMO's media affairs The Modi government and BJP are planning a major media outreach with a...
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...articles in journals, correspondence with officials, evidence before official commissions and committees, private correspondence etc; to communicate this message to a wider spectrum of people. It is no doubt due to the efforts of that men that we realised “the financial, political and intellectual drain” we were subjected to. They felt that what British can do is to lend India back it’s wealth to develop it’s resources.They say that drain is not only loss of wealth but also loss of capital. Drain not only cut current national savings but even diminished the existing stock of inherited national capital. They felt that drain also hindered industrial development, india’s way to economic salvation. The nationalists laid emphasis on the question ‘What was this drain due to?’ and found out the following sources of drain. Inordinate employment of europeans in indian administration, army and railways Home charges/expenses of the Indian government in Britain: These constitute the payment of interest on indian public debt, guaranteed railways, the cost of military and other stores supplied to india, and the civil and military charges paid in...
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...country. Election shows the country is rule by the people of that country. Whenever government need for a fresh new term of his government they will go for election. Election is a power of government also a power of people. The dominance of the Indian National Congress was broken for the first time in 1977, with the defeat of the party led by Indira Gandhi, by an unlikely coalition of all the major other parties, which protested against the imposition of a controversial Emergency from 1975–1977. A similar coalition, led by VP Singh was swept to power in 1989 in the wake of major allegations of corruption against the incumbent Prime Minister, Rajiv Gandhi. It, too, lost its steam in 1990. In 1992, the heretofore one-party-dominant politics in India gave way to a coalition system wherein no single party can expect to achieve a majority in the Parliament to form a government, but rather has to depend on a process of coalition building with...
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...Outline for mid term Global Issues WED 7TH States in the context of terrorism eg Russia and Pakistan people worried about getting nuclear weapon. Started a proactive program, Russia 25% as it should be and in 20 years there is no % of economic growth. Russia problems (600 times nuclear proliferation in the new world which reports 100 suitcase of missing nuclear bomb). 30 billion solve the problem 1 to 3 trillion invade the benefits. Pakistan: Pakistan has problems with weapon and Al-Qaida Russia and Pakistan were the two countries focused on that invaded Iran. (Between 1975 and 1990) In times of priority getting along with Russia or Syria 1995 Movay launched a satellite in space. 1 nuclear weapon destruction power to kill 700 million American and 30million in 10years the world is safer today than 30 years ago. Links to invade Iran States that have been known to sponsor International terrorism the US law has state list of all countries that were evidence with terrorist 7 countries and some of this countries are left off 1( Cuba does not sponsor terrorist e g documents chief of staff of April 1962) 2( Iran has had a direct relationship to terrorist group) 3( Iraq terrorist state more like Cuba but taken off the list e g 1993 evidence to assassinate George Bush) 4(North Korea taken off the list 1970) 5 (Syria came of the list) 6( Libya international terrorism e g Mohammed Gadafi) 7 ( Suadi Arabia and Egypt) Al-Qaida: base of operations e g Osama bin laden the origin...
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...Presidential Power of Pardon in India I cannot accept your canon that we are to judge Pope and King unlike other men, with a favourable presumption that they do no wrong. If there is any presumption it is the other way, against the holders of power, increasing as the power increases.- Lord Acton (Quoted by Justice Krishna Iyer in Maru Ram v Union of India) The Power of Pardon was historically vested in the British monarch. At common law, a pardon was an act of mercy whereby the king “forgives any crime, offence, punishment, execution, right, title, debt, or duty.” This power was absolute, unfettered and not subject to any judicial scrutiny. From this source, it came to find a place in the Constitutions of India and the USA as well as the Constitutional structure of Britain. However it could hardly survive in its unrestrained nature in the democratic systems of these states. Over a period of time, it became diluted in the U.K. and U.S.A. to a limited extent through the exercise of judicial scrutiny. But its greatest dilution has occurred in India. The Supreme Court has conclusively established in the landmark cases of Maru Ram and Kehar Singh that the power of pardon is subject to judicial scrutiny. In subsequent cases, the Court enumerated specific grounds on which such scrutiny could be exercised. However the Court has wisely stopped short on laying down any explicit guidelines for the exercise of this power. This article seeks to analyse the Court’s jurisprudence with respect...
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...JAN LOKPAL BILL A DETAILED ANALYSIS Ver 1.0 Dated: 21 August 2011 Published by India Against Corruption Jan Lokpal Bill, A Detailed Analysis TABLE OF CONTENTS Why do we need Jan Lokpal?................................................................... 4 a. c. Lack of Independence....................................................................................... 4 Multiplicity of agencies..................................................................................... 5 b. Powerless.......................................................................................................... 4 d. Lack of Transparency and internal accountability............................................. 5 Structure of Lokpal................................................................................. 7 a. Independence of Jan Lokpal and Jan Lokayukta................................................... 7 (i) Administrative independence........................................................................ 7 (ii) Financial independence................................................................................. 7 (iii) Manpower..................................................................................................... 7 b. Single anti-corruption agency.............................................................................. 7 c. No more advisory bodies..................................................................................... 8 What action will be...
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...Jayagovind Umashankar Mishra Faculty for Law and Social Transformation I.D. 505 NLSIU, Bangalore LL.M. [1st year] Business law NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE Acknowledgement I have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr.Jayagovind. I would like to extend my sincere thanks to him. I am also highly indebted to National Law School of India University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project. My thanks and appreciations also go to my colleagues who gave their valuable insight and help in developing this project. Aim: This Research aims to assess and analyse the Jan Lokpal Bill and other contextual things, so as to give a critique of it. Objectives: 1. To ascertain the flaws in the existing machinery to prevent corruption 2. To ascertain...
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...1st Internal Assignment Administrative Law The Doctrine of Separation of Power Clive D’souza 13010124119 Division B III Year Introduction: The Government of any country will be the agency or machinery through which the will of the people is realised, expressed and formulated. But for the will of the people to be so expressed, realised and formulated, there needs to be a well organized system which works together, jointly as well as separately for ultimate achievement of the goal, which in a democracy would be to help people realise their will, express that will and help the people to formulate the ideas as to what is right for society and be part of what would then become ideally, a true and well functioning democracy. The concept as stated above can be compared with the functioning of any team, be it a multi-national corporation or of a football team, where the former needs people to work on ideas for new products, need an accounts department to check on the cash flows and revenues, a marketing team to market the product well enough to the people through advertisements or for the latter where the defenders ensure that goals do not go in against their team, the midfield ensures possession of the ball and creativity to pass the ball to the strikers of the team and the strikers of the team ensure that the passes delivered to them is by the midfield, to score the ultimate goal that the team seeks. What we see through this example is that, all of the functions, although...
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...extraordinary courage in the face of a social boycott after five men raped her in 1992 when she tried to stop a child marriage. But she stood her ground. The incident changed her life and shaped the women's movement in Rajasthan. The most frightening part was that the heinous crime was committed to teach Bhanwari Devi a lesson for exposing a child marriage in the village. The five accused took it almost like a challenge to hurt Bhanwari Devi. 18 years on, Bhanwari Devi’s fight for justice continues. But after that day on September 22, 1992, the movement managed one significant victory, the Vishakha judgment of August 1997. The verdict, on a PIL filed by Vishakha and four other women's groups in Rajasthan against the State and the Union of India, provided the basic definitions of sexual harassment at the workplace and also laid down guidelines for dealing with it. Sexual Harassment affects all women in some form or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman’s life, so much so that it is dismissed as normal. Working women are no exception. In fact, working women most commonly face the backlash to women taking new roles, which belong to male domains within patriarchy. Sexual Harassment at work is an extension of violence in everyday life and is discriminatory, exploitative, thriving in atmosphere of threat, terror and reprisal. What Is Sexual Harassment?? The Hon’ble Supreme Court of...
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...Unit IV: Continuing Sectionalism, Civil War, And Reconstruction. 1853 To 1877 1. Kansas-Nebraska Act, 1854 – A Bill introduced by Steven Douglas to organize the Nebraska territory. He hoped to build a transcontinental railroad making Chicago the terminus, but they could not do this until the Indians were cleared away and the land was in control. Nebraska would presumably become a free state due to the Missouri Compromise but to please the South Douglas argued that the territories should be left open to popular sovereignty. Douglas pushed for the bill and won, therefore the Missouri Compromise was repealed and the North was in an uproar. 2. Birth of the Republican Party- Made up of former Free Soilers, Conscience Whigs, and “Anti-Nebraska” Democrats. Presented themselves as the party of freedom though they were not abolitionist, but they believed that slavery be kept out of the territories. The Republican Party appealed too many to voters who not only disagreed with slavery but also wanted to keep slavery out of their states. 3. Stephan A. Douglas- Known as the “Little Giant,” he was the most prominent spokesman of the Young American movement. He held a series of state offices before being elected for the United States Senate at the age of 29. Douglas wanted to get on with the development of the nation; to build railroads, acquire new territory, and expand trade. This made him suggest and push for the Kansas-Nebraska Act. 4. Popular Sovereignty- Also known as...
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...accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicable in those cases. Second Amendment The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act: amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33; and inserted a new part (Part IXA). Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency. Third Amendment The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an agreement between Bangladesh and India for the exchange of certain enclaves, and the fixing of boundary lines between the two countries. Fourth Amendment The Constitution (Fourth Amendment) Act 1975 was passed on 25 January 1975. Major changes were brought into the Constitution by this amendment: A presidential form of government was introduced in place of the...
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