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Writ Jurisdiction of Supreme Court and High Courts

By
Syskool
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3
Rule of Law

The Constitution of India has conferred on Supreme Court and High Courts power to issue writs. Writ Jurisdiction of Supreme Court and High Courts extends not only to inferior courts and tribunals but also to the state of any authority or person endowed with state authority.

There is difference between the Writ Jurisdiction of Supreme Court and High Courts as follows:

  1. The Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution, while the Writ Jurisdiction of High Courts is mentioned under Article 226 of the Indian Constitution.
  2. The High Courts have wider powers as to compare to Supreme Court in issuing writs.
  3. The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.
  4. Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Courts by Art-226.
  5. The jurisdiction of the Supreme Court extends all over the country, whereas that of the High Courts only to the territorial confines of the particular state and the Union Territory to which its jurisdiction extends.

Must Read: 20 Features of Indian Constitution

Types of Writs

There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo warranto.

1. Habeas Corpus

“Habeas Corpus” is a Latin term which literally means “you may have the body.” The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal.

2. Mandamus

Mandamus is a Latin word, which means “We Command”. Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

3. Certiorari

Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
There are several conditions necessary for the issue of the writ of certiorari .

  1. There should be court, tribunal or an officer having legal authority to determine the question with a duty to act
  2. judicially.
  3. Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
  4. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

4. Prohibition

The Writ of prohibition means to forbid or to stop and it is popularly known as ‘Stay Order’. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.
Difference between Prohibition and Certiorari:

  1. While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
  2. Both the writs are issued against legal bodies.

5. The Writ of Quo-Warranto

The word Quo-Warranto literally means “by what warrants?” or “what is your authority”? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus, High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

Conditions for issue of Quo-Warranto

  1. The office must be public and it must be created by a statue or by the constitution itself.
  2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
  3. There must have been a contravention of the constitution or a statute or statutory instrument, in appointing such person to that office.

Also, Read:

Fundamental Rights (Articles, Writs)

National Human Rights Commission (NHRC)

Election Commission of India (ECI)

Right to Information (RTI)

By
Syskool
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7

Right To Information Act, 2005

  • Right to Information Act is a revolutionary step in the direction of making the system of governance and administration transparent and accountable to the people in India.
  • RTI Act, 2005, was passed by the Parliament on 15th June 2005.
  • The Parliament repealed the Freedom of Information Act, 2002.
  • RTI Act, 2005, came into force on October 12, 2005.
  • Right to Information Act 2005, is to extend to whole of India except the State of Jammu & Kashmir.

Composition of CIC

  • Central Chief Information Commissioner – Shri Satyananda Mishra.
  • Central Information Commissioners – Shri M.L. Sharma, Mrs. Deepak Sandhu, Mrs. Sushma Singh, Shri Rajiv Mathur, Shri Vijai Sharma, Shri Basant Seth.
  • Chief Information Commissioner.
  • Central Information Commissioners as required, but, should not be more than 10.
  • RTI, confers upon the citizens of India the legal right to seek any information regarding public work public record, documents, memos, contracts, reports, data and any other matter of public importance from the public authority within prescribed time limit through the stipulated procedure of depositing specified amount of fee and writing application to the appropriate authority.
  • Public authority means any body or institution of self-government established or constituted by or under the Constitution, by any other law made by the Parliament, by any other law made by State Legislature, any body setup by the government by notification and any NGO substantially owned or financed by the government.
  • The public authorities are required to appoint Public Information Officers to provide Information to the people within 30 days of submission of application.
  • Information on certain matters and from certain agencies are being excluded from the purview of RTI, these are as follows –
  1. Information regarding ‘File notings’.
  2. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, in relation with any foreign state.
  3. Information from Securities and Intelligence agencies, information regarding privilege of Parliament and Legislative Assemblies, information which has been expressly forbidden to be published by any Court of Law or tribunal or the disclosure of which may constitute contempt of court.

Central Information Commission

Right to Information Act, 2005, provides that the Central Government is to constitute a body to be known as the Central Information Commission to exercise the powers on it and to perform the function mentioned under this Act.
The headquarters of the CIC, is to be at Delhi and CIC may, with the previous approval of the Central Government, establish offices at other places.

Appointment

The Chief Information Commissioner and Information Commissioners are to be appointed by the President of India on the recommendation of a committee consisting of –

  1. The Prime Minister, who is to be the Chairman of the Committee.
  2. The leader of opposition in Lok Sabha.
  3. A Union Cabinet Minister to be nominated by the Prime Minister.

Qualification, Term of Office and Condition of Service

  • The Chief Information Commissioner and Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance.
  • The CIC and ICs should not be a Member of Parliament or Member of the Legislative of any State or UT, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
  • The Chief Information Commissioner is to hold office for a term of five years or upto 65 years from the date on which he enters upon his office and is not to be eligible for reappointment.
  • Every Information Commissioner is to hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and not to be eligible for reappointment as such Information Com-missioner though he could be Chief Information Commissioner.
  • The CIC and ICs before entering upon their offices are to make and subscribe before the President an oath or affirmation according to the form set up in the Act.
  • The Chief Information Commissioner and Information Commissioners may at any time, by writing under his hand addressed to the President, resign from his office. Besides, the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under the Act.

The salaries and allowances payable to and other terms and conditions of service of –

  1. The Chief Information Commissioner is to be the same as that of the Chief Election Commissioner.
  2. The Information Commissioner is to be the same as that of an Election Commissioner.

Centre State Relations in India

By
Syskool
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7

The Indian constitution declares India as federal. That means it is a union of states where power is divided between centre and states as per the procedure mentioned in the constitution. In this two tier system, the central government have the final say in all the matters and in this way India is federal but unitary. The different relations between centre and state are as follows:

  1. LEGISLATIVE RELATIONS
  2. ADMINISTRATIVE RELATIONS
  3. FINANCIAL RELATIONS

Read Also: Schedules in Constitution of India

Legislative Centre-State Relations:

Articles 245 to 255 in the Indian constitution deal with the legislative aspect of centre states relation. Legislation means the power of making a law which is enforceable. Both the central and state governments in India have the power to make laws. But, the matters on which they can make laws differ. While the centre can make laws applicable to the nation as a whole, the states have the power to make laws applicable in their own territory that too in some matters only. Some matters need both the centre and state legislations. They are as given:

UNION LIST:

Union list Include the matters on which only central government can make legislations. The state governments are bounded by these legislations. Union list has 100 subjects on which it has exclusive authority to make laws. These include Foreign affairs, Defence, Armed forces, Communications, Posts and telegraphs, inter-state trade and commerce and so on.

STATE LIST:

State list includes the matters on which the respective state governments can make laws. The state list consists of 61 subjects which include Public order in the state, police, administration of justice, prisons, Local Governments, agriculture and so on. However, under some situations such as emergency, The Centre will take over the State list as well.

CONCURRENT LIST:

The Concurrent list includes the subjects on which both central and state governments have the power to make laws. The Concurrent list has 52 subjects which include Criminal and Civil procedure, marriage and divorce, economic and special planning, trade unions, labour welfare electricity, newspapers, books and printing presses,population control and so on. However, the centre has the sole powers to take over the concurrent list if needed.

On all the subject matters mentioned above, finally, the central government have the powers to take over every subject in any situation. Such is the power given to the centre by the Indian Constitution.

Also read: Legislative Relation Between Centre and State in India

Administrative Centre-State Relations:

Articles 256 to 263 The Indian Constitution deal with the administrative aspect of centre-state relations in India. Regarding Administration, State governments are like sub-ordinates to the Centre. Central government gives directions to the State governments in the course of administrative action.

Even some matters like railways, central excise, income tax, post and telegraph and so on are directly administered by the central government. Hence, in administrative matters also Centre has the final say.

Centre State Relations

Financial Centre-State Relations:

Articles 268 to 293 in the Indian constitution deal with the financial aspect of centre-state relations in India. It mainly deals with the imposition and collection of taxes. These are categorised as follows:

  • Taxes levied by the centre but collected and used by the states: The stamp duties, Excise duties, medicinal and toilet preparations come under this.
  • Taxes levied and collected by the centre but given to the states: The property tax, taxes on goods carried by railways, Sea, airways and so on come under this.
  • Taxes levied and collected by the centre but distributed between centre and states: Income tax other than corporate tax and such other residual taxes come under this.

In addition to this, Centre also gives many grants and loans to the states from time to time.

Conclusion:

When we observe the centre-state relations in India, the power position given to the central government is clearly known. Hence, Indian political system is federal but unitary.

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Amazing Facts About Constituent Assembly

By
Syskool
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2
The constituent assembly was formed on the recommendation of the Cabinet Mission which visited India in 1946. The Constituent Assembly met for the first time in New Delhi on 9 December 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House.
  • Mr. Sachchidanand Sinha was elected provisional chairman of the assembly.
  • Dr. Rajendra Prasad later became the permanent chairman of the constituent assembly.
  • On 13 December 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution which resolved to proclaim India as the Independent Sovereign Republic and to draw up for her future governance a Constitution.
  • The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise)
    to complete its historic task of drafting the Constitution for Independent India.
  • The Assembly held eleven sessions covering a total of 165 days.
  • India is governed in terms of the Constitution, which was adopted on 26 November 1949, which was the last day of the Eleventh session of the Constituent Assembly.
  • This date finds mention in the Preamble to the Indian Constitution thus IN OUR CONSTITUENT ASSEMBLY
    this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
    THIS CONSTITUTION.
  • The honourable members appended their signatures to the constitution on 24 January 1950.
  • The Constitution of India came into force on 26 January 1950. On that day, the Constituent ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952.

Important Dates –

Constituent Assembly to Constitution

Assembly met for the first time – 09 Dec 1946

Objectives Resolution moved

13 Dec 1946

Constitution adopted

26 Nov 1949

Signed by members –

24 Jan 1950 Constitution came into force and Assembly ceased to exist – 26 Jan 1950

 Must Read:

Fundamental Duties Incorporated in Constitution of India

Constitutional Development in India – From Regulating Act 1773 to Govt. of India Act 1935

Important Constitutional Amendments in India

Vision set forth in the Indian Constitution

Politics in India

By
Syskool
-
2
Politics in India
Politics in India

Politics in India takes place within the framework of a constitution. India is a federal  parliamentary democratic republic in which the President of India is head of state and the Prime Minister of India is the head of government. India follows the dual polity, i.e. the double government which consists of the union at the centre and states at the periphery. The constitution defines the organisation, powers and limitations of both central and state governments, it is written, rigid and supreme.

There is provision for a bicameral legislature consisting of an Upper House, i.e. Rajya Sabha, which represent the states of the Indian federation and a lower house i.e. Lok Sabha that represents the people of India as a whole. Indian constitution provides for an independent Judiciary headed by the Supreme Court to adhere and protect the constitution and to settle disputes between the centre and the states or between the states, it can also nullify any central or state laws if they are against the constitution.

India had its first general election in 1951, which was dominated by Indian National Congress, and went on to dominate the successive elections, up till 1977, when the first non-Congress government was formed for the first time in independent India. The 1990s saw the end of Single Party domination and rise of Coalition Governments. The elections for 16th Lok Sabha held in April and May 2014 once again brought back single-party rule in the country, that of the Bharatiya Janata Party.

Read Also: Constitution of India Brief Introduction

There are two types of political parties in India – National Party and Regional/State party. Every political party must bear a symbol and must be registered with the Election Commission of India.

In the current amendment to the Symbols Order, the Commission has infused the following five principles, which, in its view, should govern the polity in the country, situate as it is in its present state:

Legislative presence is a must for recognition as a National or State party.

  • For a National party, it must be the legislative presence in the Lok Sabha, and, for a State party, the legislative presence must be reflected in the State Assembly.
  • In any election, a party can set up a candidate only from amongst its own members.
  • A party, that loses its recognition, shall not lose its symbol immediately, but shall be given the facility to use that symbol for some time to try and retrieve its status.
  • Recognition should be given to a party only on the basis of its own performance in elections and not because it is a splinter group of some other recognised party.

There are three alliances on a national level in India.

  • National Democratic Alliance(NDA) – The Centre-Right coalition led by BJP was formed in 1998 after the elections, NDA formed the government although the government didn’t last long as AIADMK withdrew support from it resulting in 1999 general elections, in which NDA won and resumed power. The coalition government went on to complete the full five years term, becoming the first non-Congress government to do so.  
  • United Progressive Alliance(UPA) – The Centre-Left coalition led by INC, this alliance was created after the 2004 General Elections, with the alliance forming the Government. The alliance even after losing some of its members, was re-elected in 2009 General Elections with Manmohan Singh as head of the government.
  • Third front – The coalition of parties which do not belong to any of the above camps due to certain issues  One of the major parties in the alliance CPI(M), prior to 2009 General Elections was a member party of the UPA. The alliance has no official leading party.

On April 24, 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December 1996.

Must Read: Fundamental Duties Incorporated in Constitution of India

The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district.

Economic issues like poverty, unemployment, development are main issues that influence politics. Garibi hatao (eradicate poverty) has been a slogan of the Indian National Congress for a long time. The well known Bharatiya Janata Party encourages a free market economy. The Communist Party of India (Marxist) vehemently supports left-wing politics like land-for-all, right to work and strongly opposes neo-liberal policies such as globalization, capitalism,  and  privatization.

Terrorism, Naxalism, religious violence and caste-related violence are important issues that affect the political environment of the Indian nation. Terrorism had affected politics India since its conception, be it the terrorism supported from Pakistan. In 1991 the former prime minister Rajiv Gandhi was assassinated during an election campaign. The suicide bomber was later linked to the Sri Lankan terrorist group Liberation Tigers of Tamil Eelam.

The Babri Masjid demolition on December 6, 1992 by Hindu Karsevaks resulted in nation-wide communal riots in two months, with worst occurring in Mumbai with at least 900 dead. The riots were followed by 1993 Mumbai Bomb Blasts, which resulted in more deaths.

Law and order issues, such as action against organised crime are issues which do not affect the outcomes of elections. On the other hand, there is a criminal–politician nexus. Many elected legislators have criminal cases against them.

Also, Read:

Important Constitutional Amendments in India

Schedules in The Constitution of India

Caste System of India Anti-caste and untouchability movements

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