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Impeachment of President of India

By
Syskool
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impeachment of president

Impeachment of President

Constitution provides the mechanism for the impeachment of the president to ensure the checks and balances in the powers of legislature and executives. And also to ensure the protection of democratic values. Reasons for impeachment may be following:

  • For encroachment of Constitution
  • For violation of the constitution

Also, Read: The Parliament : Lok Sabha and Rajya Sabha

Difference between removal and impeachment:

General there exist a confusion between impeachment and removal, for example, the judge of the high court or supreme courts are removed not impeached but to the president of India can not be removed but impeached by Parliament.

Impeachment Removal
Ground Required Ground may or may not be required
Quasi-Judicial Process May or may not be quasi-judicial process

It may be an administrative exercise only. As in case of removal of Governor

But in case of Judges, Civil Servants etc. it becomes quasi-judicial process
Legislative process with no executive orders Can be a legislative process as well as executive process but at the end of the process and Executive Order will be issued.

impeachment of president

Process for Impeachment of President

The Resolution seeking impeachment of the president can be brought in either house of the Parliament.

Such nature resolution (for Impeachment of President) can be brought only after satisfying two pre-conditions:

  1. 14 days prior notice must be served to the President
  2. One fourth of the membership of the house in which it is proposed to be brought has signed the approval for bringing such resolution.

After the formal introduction in the house, the resolution for impeachment of the president is discussed and passed with the special majority which should not be less than two third of the strength of the house.

After being passed from the first house the resolution goes to the second house which constitutes a committee to probe the charges framed against the President.

All decisions regarding the Probe Committee will be taken by the second house only. Like who will be the member, how many members … etc.

President has right to defend before the committee either on his own or a legal professional of his choice. He can also ask the Attorney General to represent his case.

The process will continue further only if the probe committee prove the charges fully or partially.

The resolution for impeachment of President is then discussed in second house which again passes the resolution with special majority of not less than two third of the total strength of the house.

The moment second house passes the resolution, President stands impeached.

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The Finance Commission

By
Syskool
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finance commission

The Finance Commission of India came into existence in 1951. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to define the financial relations between the center and the state. The Finance Commission Act of 1951 states the terms of qualification, appointment, and disqualification, the term, eligibility and powers of the Finance Commission.

The commission is appointed every five years and consists of a chairman and four other members. Since the institution of the first finance commission, stark changes have occurred in the Indian economy causing changes in the macroeconomic scenario. This has led to major changes in the Finance Commission’s recommendations over the years. Till date, Thirteen Finance Commissions have submitted their reports.

The First Finance Commission was appointed by the president on 20 November 1951, which was chaired by Mr. K.C. Neogy for the period 1952-1957. 15th Finance Commission is established in the year 2017 headed by N.K. Singh for the period 2020-25. The Operational duration for the finance commission is five years.

Must Read: Election Commission of India (ECI)

Functions of the Finance Commission:

The main task of the finance commison was to “strengthen cooperative federalism, improve the quality of public spending and help protect fiscal stability”

  • Distribution of net proceeds of taxes between Centre and the States, to be divided as per their respective contributions to the taxes.
  • Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
  • To make recommendations to the president as to the measures needed to augment the Consolidated Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the Finance Commission of the state.

Constitutional Provisions

The President will constitute a Finance Commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.

The Commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same amongst the States themselves. It is also under the ambit of the Finance Commission to define the financial relations between the Union and the States. They also deal with the devolution of non-plan revenue resources.

Read Also: Central Vigilance Commission (CVC)

The 14th Finance Commission suggested measures for maintaining a stable and sustainable fiscal environment consistent with equitable growth.

The 13th FC, making a departure from the previous Finance Commissions, divided the grants to be distributed to the states for local bodies into two parts – general basic grant and general performance grant. The performance grant can be accessed only if the state complies with nine conditions, which in other words can be called reforms.

Also, Read:

 

Pardoning Powers of President and Governor

By
Syskool
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0
Pardoning Powers of President and Governor

Power of President to grant pardons

Article 72 of the Constitution of India-Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases-

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

(a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause(a) of clause(1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

Power of Governor to grant pardons

Article 161 of the Constitution of India-Power of Governor to grant pardons,etc., and to suspend, remit or commute sentences in certain cases.-

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.

Court decisions:-

(i) The power under Article 161 is a statutory power which can’t be fettered by position such as section 432,433,433A of the Indian Penal Code,1860.

– State of Punjab v. Joginder, AIR1990 SC 1396.

(ii) The power of granting pardon under Article 161 is very wide and do not contain any limitation as to the time on which and the occasion on which and the circumstances in which the said power could be exercised. But the said power being a constitutional power is amenable to judicial review on certain limited grounds. The court, therefore, would be justified in interfering with an order passed by the Governor in the exercise of power under Article 161 of the Constitution. If the Governor is found to have exercised the power himself without being advised by the Government or if the Governor transgresses the jurisdiction in exercising the same or it is established that the Governor has passed the order without application of mind or the order in question is a mala fide one or the Governor has passed the order on some extraneous consideration.

– Satpal v.State of Haryana, AIR 2000 SC 1702

The meaning of these terms 

Pardon: Complete pardon 

Reprieve: Temporary suspension of sentence 

Respite: awarding less sentence Remission: Reducing amount of sentence 

Commutation: Changing one punishment to another

LGBT – SC refers Curative Petition to Constitution Bench

By
Syskool
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3
supreme court refers Curative Petition lgbt rights

By referring the LGBT community’s case – seeking to legalize consensual sex between same sex adults in private – to a five-judge constitution bench curative petition the Supreme Court on Tuesday has created a last narrow window of hope for the community.

What is meaning of LGBT?

LGBT is an initialism that stands for lesbian, gay, bisexual, and transgender.

Must Read: Ban on sex test may be revoked – Maneka Gandhi

What is the issue?

On July 2, 2009 The Delhi high court had decided to decriminalize section 377 to uphold gay sex rights. This order was challenged by the Union Government in the Supreme Court which in turn on 11 Dec. 2013 reversed him ruling of the Delhi High Court.

The Supreme Court had, on Jan 28, 2014, also rejected the petition seeking review of its earlier judgments.

After that on 23 Apr. 2014 the bench comprising the then chief justice P. Sathashivam, justice R. M. Lodha, Justice H.L. Dattu and Justice S. J. Mukhopadhy had passed the order that the court will hear the curative petition in open court. Now all the four judges are retired.

What is Section 377 of IPC?

Section 377 of Indian Penal Codes says –

“Unnatural offences. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. “

Also Read: SEBI Hauled by SAT for Unjust Punishment to Market Players

What is curative petition?

A judge of the Supreme Court can also do mistake. If the court errs in its last judgment, in that case will the innocent suffer the result.

When this question was raised before the constitution bench of the Supreme Court in 2002, then the bench decided to provide the rule of curative petition.

The process of curative petition was used for the first time in the case of Rupa Ashok vs. Ashok Hurra.

In simple words, when a review petition filed under Article 137 of the constitution is rejected, it still can be pleaded that the petition be heard as curative ‘petition’.

A review petition can field within 30 days of the Supreme Court judgement.

How world looks at it.

 

 

article-377

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The Directive Principles of State Policy

By
Syskool
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Directive Principles of State Policy

The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

Directive Principles are classified under the following categories: Gandhian, economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments and peace and security.

Read Also: Schedules in Constitution of India

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy. The idea of such policies “can be traced to the Declaration of the Rights of Man proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies.” The Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights.

List of DPSPs under Indian Constitution

Article No.: What it says
Article 36: Defines State as same as Article 12 unless the context otherwise defines.
Article 37: Application of the Principles contained in this part.
Article 38: It authorizes the state to secure a social order for the promotion of the welfare of people.
Article 39: Certain principles of policies to be followed by the state.
Article 39A: Equal justice and free legal aid.
Article 40: Organization of village panchayats.
Article 41: Right to work, to education and to public assistance in certain cases.
Article 42: Provision for just and humane conditions of work and maternity leaves.
Article 43: Living wage etc. for workers.
Article 43A: Participation of workers in management of industries.
Article 43B: Promotion of cooperative societies.
Article 44: Uniform civil code for the citizens.
Article 45: Provision for early childhood care and education to children below the age of six years.
Article 46: Promotion of education and economic interests of SC, ST, and other weaker sections.
Article 47: Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 48: Organization of agriculture and animal husbandry.
Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife.
Article 49: Protection of monuments and places and objects of national importance.
Article 50: Separation of judiciary from the executive.
Article 51: Promotion of international peace and security.

The directive principles ensure that the State shall strive to promote the welfare of the people by promoting a social order in which social, economic and political justice is informed in all institutions of life. Also, the State shall work towards reducing economic inequality as well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations. The State shall aim for securing the right to an adequate means of livelihood for all citizens, both men and women as well as equal pay for equal work for both men and women.

Must Read: Fundamental Duties Incorporated in Constitution of India

The State should also ensure living wage and proper working conditions for workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage industries in rural areas is one of the obligations of the State. The State shall take steps to promote their participation in the management of industrial undertakings.

The State shall endeavour to secure a uniform civil code for all citizens, and provide free and compulsory education to all children till they attain the age of 14 years. This directive regarding the education of children was added by the 86th Amendment Act, 2002. It should and work for the economic and educational upliftment of scheduled castes, scheduled tribes and other weaker sections of the society.

Welfare schemes for the weaker sections are being implemented both by the Central and State governments. These include programmes such as boys’ and girls’ hostels for  scheduled castes’ or scheduled tribes’ students. The year 1990-1991 was declared as the “Year of Social Justice” in the memory of B.R. Ambedkar. The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses.

The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.

India’s Foreign Policy has also to some degree been influenced by the DPSPs. India has in the past condemned all acts of aggression and has also supported the United Nations’ peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better cooperation between the Security Council and the troop-contributing countries. India has also been in favour of nuclear disarmament.

Don’t Miss:

Directive Principles of State Policy (DPS): Universalization of Education, Child Labour and Status of Women

The Constitution of India Drafting and Composition

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