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- Israel-Palestine Dispute 1917 to 2023
Israel-Palestine Dispute 1917 to 2023 When and how did the fight between these two countries start? The dispute between Israel and Palestine has deepened again. What is the reason for this and when did it start? It is being said that Hamas has attacked Israel with a total of 5 thousand rockets. After this incident, Israel has declared a state of war alert on record. Many Israeli citizens have died and many are injured in this attack. The thing to note is that there is a geo-political angle also hidden behind this terrorist attack by Hamas. Now many people will not know what geo-politics angle of politics . what is geopolitics angle Geo' means Earth, here it means the influence of geographical factors. The word 'Politics' is related to the interest based activities associated with the governance of a country or state or region. Geopolitics refers to the effects of geography on power relations in international relations. The term geopolitics was originally coined by Swedish political scientist Rudolf Kjellén in 1899. It was used during World War. (1918–39) and came into use throughout the world during the latter. Geopolitics is the geographical cause of international politics. Political events started from the geography of the region concerned. It is the study of the influence of geography/geographical factors (location, territory, climate, natural resources, demographic factors, topography, etc.) on politics and international relations. Later, many German writers such as Karl Haushofer (1869–1946), Erich Ernst Hermann Lautensch and Otto Maul. In 1923, Karl Haushofer founded the Zeitschrift für Geopolitik Geopolitik, which was later used in propaganda for Nazi Germany. The study of the effects of geography on international politics and international relations is called geopolitics. In other words, geopolitics is a method of studying foreign policy that works to understand, explain and predict international political activities. This term geopolitics was first used by Rudolf Zelen in 1899. The objective of geopolitics is to study the relationship between states and the impact of geographical dimensions of their mutual situation. There are many historical phases of its study, such as the competition in Asia between British imperialism and Russian Tsarism during the colonial period, then the competition between American imperialism and the Soviet Union during the Cold War period, etc. There are many such examples, which can be called important phases of geopolitics. Recently, a report came out regarding the defense pact between America and Saudi Arabia, in which Saudi Arabia is planning a deal with America. It is mentioned in this defense pact that America will guarantee the security of Saudi Arabia. In return, Saudi Arabia will back down from its demands regarding Palestine. According to many media reports, America is very eager about this deal and is going to accept it soon. Just a few days before this deal, Hamas attacked Israel with five thousand rockets. This attack has pushed Israel towards war in the Gaza Strip. Not only this, this war will also put pressure on the defense pact between America and Saudi Arabia. Many meanings of this attack are emerging in global politics. Israel and Palestine are two countries whose dispute has been going on for a long time. Many agreements were made to establish peace and end differences between the two countries, but the outcome was nothing special. Today, through this article, we will tell you about all the reasons due to which the dispute between these two countries increased day by day. There has been a clash between Israel and Hamas once again. Hamas has claimed to have fired 5000 rockets at Israel from the Gaza Strip. Israel has also responded to the Palestinian extremist organization Hamas. An encounter is taking place between Israeli soldiers and Hamas fighters near the Gaza Strip. Israel has started attacking the Gaza Strip. This is not the first time that there has been a war between Israel and the Palestinian extremist organization Hamas. There was a war between the two in 2021 also. What is the Israel-Palestine dispute? The conflict between Israel and Palestine dates back to the fall of the Ottoman Empire. During this period, the widespread influence of nationalism was being seen throughout Europe. Many countries were divided into pieces. The wave of nationalism was uniting them. Countries like Italy and Germany were uniting in the name of nationalism. Its influence was also seen among the Jews. The feeling of nationalism also arose among the Jewish people. He had a longing to go back and settle in his holy place. This is where the Zionist movement begins. In the 19th century, this holy land of the Jews was known as Palestine. During this period, Jews were scattered throughout Europe. They were exploited a lot in Europe. During the Zionist movement, initially there was a small-scale migration of Jews towards Palestine. comes after this....... The period of the First World War. The Balfour Declaration came in 1917. Many people believe that the Balfour Declaration was the main reason that gave rise to the Israel-Palestine conflict. Balfour Declaration In 1917, during World War I, the Ottoman Empire was on the verge of defeat. At that time Britain's Foreign Minister Sir Arthur Balfour issued a declaration. In this declaration it was indicated that Britain would give the Jews their holy land Palestine and get them resettled there. On the other hand, Britain secretly signed the Sykes-Picot Agreement with France and Russia. Under this, he divided the entire Middle East into different parts and decided which country would go to whose part after the end of the First World War. In this he kept Palestine in his share. Syria and Jordan were given to France. Some part of Türkiye went to Russia. On one hand, Britain collectively said that we would give Palestine to the Jews. On the other hand, he secretly kept this share with himself under the Sykes-Pico Agreement. Balfour Declaration: The foundation of the Israel–Palestine conflict was laid in 1917 when the then British Foreign Secretary Arthur James Balfour expressed Britain's official support for a "National Home" for the Jews in Palestine under the Balfour Declaration. Creation of Palestine: Unable to stop Arab and Jewish violence, Britain withdrew its forces from Palestine in 1948 and left it to the newly created United Nations to settle the competing claims. Arab-Israeli War (1948): Following the Jewish declaration of independence of Israel in 1948, neighboring Arab states began attacking Israel. At the end of these wars Israel controlled approximately 50% more territory than the UN partition plan required. UN Partition Plan: According to this plan, Jordan gained control of the West Bank and the holy sites of Jerusalem and Egypt gained control of the Gaza Strip but it failed to resolve the Palestinian crisis which led to the formation of the Palestine Liberation Organization in the year 1964. Happened. Palestine Liberation Organization (PLO): The Palestine Liberation Organization was established with the aim of liberating Palestine from Israeli and Jewish domination and establishing the dominance of Muslim states over Arab states. The United Nations granted observer status to PLO in the year 1975. And recognized the right of Palestinians to self-determination. Six-Day War: In the 1967 war, the Israeli army captured the Golan Heights from Syria, the West Bank and East Jerusalem from Jordan, and the Sinai Peninsula and Gaza Strip from Egypt. Camp David Accords (1978): The US-brokered "Framework for Peace in the Middle East" provided a platform for peace talks between Israel and its neighboring states and a solution to the "Palestinian problem", but its usefulness was negligible. doing. Rise of Hamas: Year 1987: Hamas was a violent branch of the Egyptian Muslim Brotherhood, which wanted to fulfill its agenda through violent jihad. Hamas: America considers it a terrorist organization. In 2006, Hamas won the Palestinian Authority legislative elections and in 2007, it separated Fatah from Gaza, also dividing the Palestinian movement geographically. 1987: Tensions reach a peak in areas under their control of the West Bank and Gaza, resulting in the First Intifada (Palestinian uprising). It turned into a small war between Palestinian militants and Israeli forces. Oslo Accords: Year 1993: Under the Oslo Accords, Israel and the PLO agreed to officially recognize each other and stop violent activities. The Oslo Accords also established the Palestinian Authority, which granted limited autonomy to the Gaza Strip and parts of the West Bank. Year 2005: Israel started deporting Jews from Gaza area. However Israel maintained tight surveillance of all border crossings. Year 2012: Palestine's status in the United Nations is now that of "non-member observer state". Israel's Territorial Disputes With Neighboring Countries: West Bank: The West Bank is located between Israel and Jordan. Ramallah is one of the major cities of the West Bank, being the de facto administrative capital of Palestine. Israel captured it in the 1967 war and has also established settlements there in the last few years. Gaza: The Gaza Strip is located between Israel and Egypt. Israel took control of it after 1967, but relinquished control of Gaza City and day-to-day administration of most of the area during the Oslo Peace Process. Israel unilaterally removed Jewish settlements from the Gaza Strip in 2005, but it continues to control access by other states. Golan Heights: Israel captured the Golan Heights from Syria during the 1967 war and completely occupied it in 1981. Recently the United States has officially recognized Jerusalem and the Golan Heights as part of Israel. Relations Between Israel And India: India's stance on the Israel-Palestine conflict: India recognized Israel in the year 1950 but is also the first non-Arab country to recognize the Palestine Liberation Organization (PLO) as the sole representative of Palestine. India was one of the first countries to grant statehood to Palestine in 1988. In recent times, India is seen moving towards de-hyphenation policy. De-hyphenation policy: India's policy on the world's longest-running Israel-Palestine conflict has varied from being clearly pro-Palestine for the first four decades to balancing it with its friendly relations with Israel in the last three decades. In recent years, India's position is also being seen as pro-Israel. Additionally, India believes in a two-state solution regarding the Israel-Palestine conflict and wants to achieve a peaceful settlement between the two countries. Proposes the right of self-determination for countries. Impact of the attack on Israel-Saudi Arabia relations: One reason for Hamas' attack on Israel can be considered to be to disrupt efforts to bring together Saudi Arabia and Israel as well as other countries that want to make their relations friendly with Israel. The world at large wants a peaceful solution. There is a need to come together for this but the reluctance of the Israeli government and other concerned parties has further aggravated the issue. A balanced approach will help maintain favorable relations with Arab countries as well as Israel. Recent normalization agreements in relations between Israel and the United Arab Emirates, Bahrain, Sudan and Morocco, called the Abraham Accords, Let's display. All regional powers should envisage peace between the two countries on the lines of the Abraham Accords. India is currently a non-permanent member of the UN Security Council for 2021-22 and has been re-elected to the Human Rights Council for 2022-24. Was. India should use these multilateral forums to act as a mediator to resolve the Israel-Palestine issue. What is the geography of Israel-Palestine? Israel is a Jewish country present in the Middle East. The West Bank is present in its eastern part, where the 'Palestine National Authority' runs the government for the Palestinian people. It has been recognized by the United Nations. There is a strip on the south-western part of Israel, which is surrounded on two sides by Israel, on one side by the Mediterranean Sea and on the other side by Egypt. It is known as Gaza Strip. The West Bank and Gaza Strip are commonly known as Palestine. There is an Israeli government in Israel, while the Fatah party runs the government in the West Bank. Gaza Strip is under control of Hamas. Only the 'Palestine National Authority' is seen as Palestine. But there is a government in one part of it, i.e. the West Bank, but the government has no control over the other part, the Gaza Strip. Hamas continued to rule here from 2007 until the coup. Jerusalem, the holy city of Islam, Judaism and Christianity, is located in the West Bank. What is the Israel-Palestinian dispute? The Israel-Palestine dispute is more than 100 years old. After the defeat of the Ottoman Sultanate in the First World War, Britain took control of the part known as Palestine. At that time there was no country by the name of Israel. The area from Israel to the West Bank was known as the Palestinian region. Minorities Jewish and majority of Arabs lived here. The Palestinians were Arabs living here, while there is talk of Jewish people coming from outside. The dispute between the Palestinians and the Jews started when the international community asked Britain to establish Palestine as a 'national house' for the Jewish people. The Jews believed that this was the home of their ancestors. Palestinian Arabs, on the other hand, wanted to build a new country here called Palestine. He strongly opposed Britain's move to create a new country. In this way the Palestine-Israeli dispute started. beginning of building a new country There were atrocities against Jews in Europe between 1920 and 1940. Jews fled from there and started arriving here in search of a homeland. The Jews believed that this was their motherland and that they would create their own country here. During this period, violence also took place between Jews and Palestinians. In 1947, the United Nations called for a vote to create separate countries for Jews and Arabs. The United Nations also said that Jerusalem will be made an international city. Although the Jews accepted this statement of the United Nations, the Arab people opposed it. For this reason it was never implemented. When this problem could not be solved by Britain, he left from here. Then in 1948, Jewish leaders announced the creation of Israel. The Palestinians opposed this and thus the first war between the two sides began. By the time the ceasefire came into effect, Israel had a large portion. Controversy over Jerusalem Arab countries like Jordan and Egypt fought for the Palestinian people. But due to their defeat, Palestine remained limited to a small part. The land that came under the control of Jordan was named West Bank. Whereas the area occupied by Egypt was called Gaza Strip. At the same time, the city of Jerusalem was divided between Israeli security forces in the west and Jordanian security forces in the east. All this was done without any peace agreement. When war broke out again in 1967, this time Israel captured East Jerusalem as well as the West Bank and Gaza Strip. Israel withdrew from Gaza, but continues to control the West Bank. Israel claims East Jerusalem as its capital, while the Palestinians consider it their future capital. Most Palestinians still live in the West Bank, while some people are living in the Gaza Strip. The city of Jerusalem is very important for all three religions, Judaism, Islam and Christianity. Al-Aqsa Mosque is present in Jerusalem, which is considered one of the holiest mosques in Islam. There is also the Temple Mount here, where people of Jewish religion pray. At the same time, the Church of the Holy Spirit is present in the quarter of Christians in Jerusalem, which is their main place. This place is central to the story of Jesus Christ's death, crucifixion and resurrection. This is the reason why there has been conflict between people of all three religions regarding this city. The current bloody conflict between Israel and Palestine is not showing any signs of stopping. The Prime Minister of Israel has made it clear that now Israel will not tolerate any conflict. There is no going back recently. At the same time, the Hamas organization, which has influence in Palestine's Gaza Strip, is also not in favor of a ceasefire. Therefore, experts say that the current Israel and Palestine conflict will increase a lot of instability in the Middle East (ie West Asia) and its dire consequences. It is possible that terrorism may again gain momentum in the Middle East due to this conflict. Apart from this, the Iran Nuclear Deal may also be adversely affected. Reasons for the current conflict between Israel and Palestine The current conflict between Israel and Palestine began over the Al-Aqsa Mosque in Jerusalem. The conflict that started with the Al-Aqsa Mosque soon took a wider form. While Israel attacked Hamas positions in Palestine's Gaza Strip, Hamas also fired thousands of rockets at Israel. To protect itself from the rockets fired by Hamas from the Gaza Strip, Israel deployed its 'Iron Dome Air Defense System' ( Iron Dome air defense system has been used. It is noteworthy that Al-Aqsa Mosque located in Jerusalem is considered very sacred by the followers of Islam. It is the third holiest site for the followers of Islam along with Mecca and Medina. However, Jews and Christians also belong to this mosque. It is noteworthy that Jerusalem is a holy place for the followers of three religions (Judaism, Christianity and Islam). In the year 2016, UNESCO rejected the claim of Jews from Al-Aqsa Mosque. Was. UNESCO had said in its proposal that there is no historical evidence for the claims of Jews on Al-Aqsa Mosque. However, the Jews are not ready to accept such a proposal. Israel-Palestine Dispute 1917 to 2023 www.lawtool.net
- Nari Shakti Vandan Adhiniyam 2023
Nari Shakti Vandan Adhiniyam 2023 The first bill, Women's Reservation Bill, has been presented by the Central Government in the new Parliament House on 19 September 2023. In the lower house of the Parliament, Law Minister Arjun Ram Meghwal presented this bill to provide 33 percent reservation to women in the Lok Sabha and state assemblies. The Government of India has introduced a bill to reserve one-third seats for women in Parliament and Legislative Assemblies. The bill giving reservation to women in the Lok Sabha was named 'Nari Shakti Vandan Adhiniyam 2023'. Women's Reservation Bill named 'Nari Shakti Vandan A' has been passed by the Parliament. The 128th Amendment to the Indian Constitution is set to expand women's participation in politics and policymaking at the state and national levels. This will certainly create the conditions for more women to lead. This will redefine the nature of political action. This addition would make politics more truly representative. Women Reservation Bill in India - Features, Importance, Debate Recently, the Lok Sabha (LS) and Rajya Sabha (RS), both passed Women's Reservation Bill 2023 (128th Constitutional Amendment Bill) or Nari Shakti Vandan Adhiniyam. The bill reserves one-third of the seats in Lok Sabha, State legislative assemblies and the Delhi assembly. This will also apply to the seats reserved for SCs (Scheduled Castes) and STs (Scheduled Tribes) in Lok Sabha and State Legislatures. What is the Background and Need for this Bill? Background: The discussion upon the reservation of women reservation bill is prevalent since the tenure of Former Prime Minister Shri Atal Bihari Vajpayee in 1996. As the then Government lacked a majority, the Bill could not have been approve Earlier Attempts at Reserving Seats for Women: 1996: First Women Reservation Bill was introduced in the Parliament. 1998 – 2003: Government tabled the Bill on 4 occasions but failed. 2009: Government tables the bill amid protests. 2010: The Union Cabinet passes the Bill and RS passes it. 2014: The Bill was expected to be tabled in LS. Need: There are 82 women Member of Parliaments in LS (15.2%) and 31 women in RS(13%). While the number has increased significantly since the 1st Lok Sabha (5%) but is still far lower than in many countries. According to recent UN Women data, Rwanda (61%), Cuba (53%), Nicaragua (52%) are the top three countries in women representation. Bangladesh (21%) and Pakistan (20%) as well are ahead of India in case of female representation. What are the Key Features of the Bill? Reservation for Women in Lower House: The Bill provided for inserting Article 330A to the constitution, which borrows from the provisions of Article 330, which provides for reservation of seats to SCs/STs in the Lok Sabha. The Bill provided that reserved seats for women may be allotted by rotation to different constituencies in states or Union Territories. In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be reserved for women on rotational basis. Reservation for Women in State Legislative Assemblies: The Bill introduces Article 332A, which mandates the reservation of seats for women in every state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women, and one-third of the total seats filled through direct elections to the Legislative Assemblies shall also be reserved for women. Reservation for Women in NCT of Delhi ( New clause in 239AA): Article 239AA to the constitution grants special status to the Union Territory of Delhi as national capital with regards to its administrative and legislative functioning. Article 239AA(2)(b) was amended by the bill accordingly to add that the laws framed by parliament shall apply to the National Capital territory of Delhi. Commencement of Reservation (New article - 334A): The reservation will be effective after the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament. Rotation of Seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament. What are the Arguments Against the Bill? The Bill merely reads that it shall come into effect “after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first Census taken after commencement of the Bill is undertaken. It doesn’t specify the cycle of elections from which women will get their due share. The current Bill does not provide women’s reservation in the Rajya Sabha and State Legislative Councils. The Rajya Sabha currently has lower representation of women than the Lok Sabha. Representation is an ideal that must be reflected in both the Lower and Upper Houses. Note: - The Bill also borrowed from the provisions of Article 334 of the constitution which mandated the parliament to review the provisions of reservation after 70 years of the laws coming into existence. But in the case of the Women's reservation Bill, the Bill provided for the sunset clause of 15 years for the reservation provisions for the women to get reviewed by the parliament. Women visitors at the Parliament House on the day of debate on women’s reservation Bill in the Lok Sabha on September 20, 2023. Twenty-seven years after the women’s reservation Bill was first introduced in Parliament, the Lok Sabha on September 20 passed a Bill with near unanimity to amend the Constitution and provide one-third reservation to women in the Lok Sabha and State Assemblies. The Bill will now be taken by the Rajya Sabha for passage in the remaining two days of the Special Session of Parliament, and might require approval from half of the States. With 454 members of the Lok Sabha supporting the Constitution (One Hundred and Twenty Eighth) Bill 2023, the constitutional requirement of “two-third majority of the members present and voting” was easily met. Women’s Reservation Bill has been tabled in Lok Sabha as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill. In the Lok Sabha and State Legislative Assemblies, women would receive 33% of the seats under the introduced legislation. Articles to be amended: To achieve the goal of women’s reservation, the Bill proposed Amendments to the Constitutional provisions with respect to the NCT of Delhi Article 239AA (Special provisions with respect to Delhi), New Articles to be inserted: The Women’s Reservation Bill also introduced three new articles, namely Articles 330A, 332A, and 334A. The Articles 330A and 332A newly proposed articles want to establish women's reservation in the Lok Sabha and state legislative assemblies. Article 334a included a sunset provision that would gradually end this affirmative action policy after 15 years. Horizontal women’s reservation: It is noteworthy that the bill included provisions for horizontal reservation that cut across different quota categories. Particularly, women from the Scheduled Caste (SCs) and Scheduled Tribes(STs) are proposed to have one-third of the seats allocated for SCs and STs in the Lok Sabha and legislative assemblies. Rotation of seats: The designated seats for female lawmakers may be distributed by rotation to various constituencies within a state or union territory. Majority required: The Women Reservation Bill would require a special majority of the Parliament and ratification by half of the states. That is a two-thirds majority in both the Houses of Parliament and the approval from at least 50% of states. Earliest implementation: However, the earliest moment when one-third of the seats in the Lok Sabha is likely to be occupied by women in 2029 This is because the Bill says that the “provisions relating to the reservation of seats for women shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after (the Bill is passed) have been published.” This provision of the fresh census and delimitation exercise was not part of the Women’s Reservation Bill passed by the Rajya Sabha in 2010. Other Constitutional Amendments Needed to Operationalise the Scheme of Women Reservation Article 82 and Article 170(3) of the Constitution would need to be changed in order to implement delimitation, which is a requirement for the implementation of reservations. Women’s Reservation in Panchayats Article 243D of the Constitution has a provision for the reservation of seats for SCs, STs, and women in Panchayats. History of Women Reservation Bill The Women's Reservation Bill had been introduced in Parliament several times but had not yet been passed into law. Political debates and delays have hindered its progress. The first iteration of the Women's Reservation Bill was presented to the Lok Sabha as the 81st Amendment Bill in September 1996 by the United Front government headed by then-Prime Minister Deve Gowda. 1996: The first iteration of the Women's Reservation Bill was presented to the Lok Sabha as the 81st Constitutional Amendment Bill in September 1996. The Bill was referred to a Joint Parliamentary Committee headed by Geeta Mukherjee after the House rejected it, and the committee's report was presented to Lok Sabha in December 1996. With the Lok Sabha's dissolution, the bill, however, became lapsed. 1998: The bill was reintroduced in the 12th Lok Sabha in 1998, however, the bill lapsed because it did not receive adequate support. It was reintroduced three more times in 1999, 2002, and 2003. The bill did not win a majority of votes despite having support from major political parties. 2008: The bill was introduced in the Rajya Sabha again in 2008. It was approved with 186 votes to one. However, it was never brought up for discussion in the Lok Sabha and became inoperative upon the dissolution of the 15th Lok Sabha. Significance of Women’s Reservation The need for affirmative action to improve the status of women in Indian society is one of the main arguments in favour of the bill. According to statistics released by the Union government, women hold only 14.94% of seats in the Lok Sabha and 14.05% of seats in the Rajya Sabha. In the Lok Sabha of 1952, women accounted for a mere 4.4%, and this figure has only marginally increased to 14.94% following the 2019 Lok Sabha elections. Many state assemblies have less than 10% women as members. Socio-economic significance: Another important claim is that in order to address problems like the high rate of crimes against women, the low participation of women in the workforce, poor nutrition levels, and a skewed sex ratio, women must be represented in the decision-making process. Women's issues are thought to be discussed more effectively in Parliament if there is more women's representation. India comes in at number 127 out of 146 nations in the Global Gender Gap Index, 2023. Concerns in the Women Reservation Bill One of the main concerns of the bill is that women do not form a homogeneous group like a caste would. Reserving seats for women would go against the Constitution's guarantee of equality, according to another argument. Those who support this position claim that if a reservation were implemented, women would not be able to compete on their own merits. Concerns About Perpetuating Gender Disparities: This approach would uphold the existing gender disparities, as it might suggest that women are not being judged based on their qualifications. Diverting Attention from Crucial Electoral Reforms: This strategy shifts the focus away from more significant electoral reform matters, such as the criminalisation of politics and the state of inner-party democracy. Restricts Voter Choice: Reserving parliamentary seats for women restricts voter choice. Some experts suggest alternatives like party reservations. Rotating reserved constituencies in each election might reduce an MP's incentive to work for their constituency. Regarding the participation of women in the Rajya Sabha and important Committees, this Bill is entirely silent. Women’s Representation in Other Countries According to the Inter-Parliamentary Union Report, 2019, the African nation of Rwanda came out on top in the assembly's long-term portrayal with 61.3%, followed by Cuba with 53.2%. Nepal held the 36th position in South Asia with 32.7%. The unfortunate fact is that India came in at 149th with 14.4% portrayals, in stark contrast to Pakistan and Bangladesh. Party line reservation: Countries like France, Korea, and Nepal, among others, have passed quotas as high as 50% of the candidate list. Countries with party quota laws include Argentina, Mexico, and Costa Rica, which also have over 36% female representation in their national legislatures. The Bill's empowerment of women will contribute to the nation's overall development, especially for women, and will help to address the intertwined socioeconomic and political inequality. It is being shown in women's reservation in Panchayats where one-third of the seats in direct panchayat elections are reserved for women as per the 73rd Constitutional Amendment Act of 1992. Women's deliberate exclusion from political participation is unacceptable and a violation of their democratic and constitutional rights, given the systematic undervaluation of their labour in the socioeconomic sphere. Therefore, it is essential for the government to take proactive affirmative action. Although reservation alone cannot completely eradicate India's deeply ingrained gender bias, it is a vital measure to instigate change and ensure equality. This provision can bring qualitative change in Indian democracy. This could shape a new feminist politics in India. The Women's Reservation Bill may strengthen the support base. But will women's participation create a new culture in politics and push back patriarchal norms? Much will depend on how these beneficiaries of women's reservation come to terms with identities like caste, sex and religion, which play a big role in our electoral democracy. In the coming years we are going to see a new face of Indian democracy. Nari Shakti Vandan Adhiniyam 2023 www.lawtool.net
- Constitution & Constitutionalism
Constitution & Constitutionalism Characteristics of good Constitution, Classification of Constitution, Constitutionalism:- CONSTITUTION:- The word constitution has been derived from the Latin word ' constituere which means 'to establish'. All the states must have a constitution without which there will be anarchy and chaos in the state, the constitution indeed has a special place in the democratic state. But even a dictatorial state needs a constitution, It is to be noted here that the constitution plays an important role in limiting the arbitrary action of the government. Therefore, the basis of a constitution lies in a belief in limited government. Meaning a constitution Constitution is a body of rules and regulations, written as well as unwritten, whereby government is organized and it functions. It is a legal document which is concerned directly or indirectly with the exercise of sovereign power. The rules, regulations and the procedures within which the government is expected to work is known as the constitution. A constitution means a set of principles which outline the, relations between the government and the governed. Constitution discuss the whole system of government of a country on the basis of which certain rules are formed and which are recognized by the courts of law. In short, the constitution is the supreme law of the land. It is the basic structure which defines the power of the state and right and duties of the citizens. Definitions of constitution 1)According to MC Intosh "A constitution is a body of fundamental laws which regulate the most important rights of the higher magistrates and the most essential privileges of the subjects”. 2)According to T.D. Woolsey and C.F. Strong "A constitution is a collection of principles according to which the powers of the government the rights of the governed and the relations between the two are adjusted.” 3)According to R.N. Gilchrist "The constitution is that body of rules and laws which determines the organisation of the government the distribution of the powers to the various organs of the government and the general principles on which these powers ate to be exercised.” 4)According to Brewster A constitution is the basic law of the state which outlines the framework and procedures of Government defines the powers and functions, provides how constitutional charges may be made, and guarantees the citizens protections against certain arbitrary governmental action. 5)Importance of constitution : It must be admitted that constitution occupies an important place in the function of a state mainly, it limits the powers of the government state can exercise the powers and discharge the functions, defined by the constitution of the state. There is less possibility of a government doing injustice to the people. The rights of people guaranteed by the are and the Constitution help the smooth functioning of three branches of the government. It clearly defines their functions which help them to work in their proper sphere. This is very important for the smooth functioning of government sine the constitution reflects the aims and aspirations of the people, the government has to keep in view these aims and aspirations and try to fulfill them. Thus, it will be seen that a state without a constitution is like a sheep without a rudder. There will be no order but chaos in such a state Hence, modern states have constitution. a)Every state needs a constitution. A state without constitution will lead to anarchy and chaos. b)It contains the fundamental rules of the state according to which the sovereign powers of the state is exercised. c)It contains the aims and objectives of the state. It reflects the aims and aspirations of the people. d)It defines the organs of the government and demarcates their powers and function. e)It shows the relationship between the rulers and the people by defining the rights and duties of the citizens, and defining powers and functions of government. f)It discusses whole system of government. g)Entire machinery of the government is organised and worked in accordance with the provisions of the constitution. Classification of constitution Constitution mainly classified into i. Evolved and Enacted ii. Written and unwritten iii. Rigid and Flexible. Evolved constitution An Evolved constitution is one which is not made at one time by any assembly or persons or an institution and which is the result of show and gradual process of evolution. Its rules and principle draw binding force and strength from the fact of their being recognized as ancient time tested and respected customs and conventions. Some of the# conventions stand recognised by law and hence become enforceable while others are followed because of the sanctions of the public opinion, practical utility and moral consciousness in their favour. such constitutions are the results of the historical evolution and political needs of the people. it is a constitution based mostly on the usages, customs and conventions. Such type of constitution is a growth and not a make. The constitution of England presents a key examples of an evolved constitution. Enacted constitution:- An Enacted constitution is non-made constitution, It is made, enacted, and adopted by an assembly or council called a constituent assembly or council after a through discussion over its objectives: principles and provisions, It is written in the from of a book or a series of documents and a systematic and formal manner, It means an enacted constitution is one which is framed by the constitution making body at the particular time, So it is a man made constitution. It describes the process or organization of governmental organs and other aspect of the government. The American constitution of 1787 is the finest example of such constitution. Written and Unwritten Constitution Written Constitution:- The constitution of most countries are written ones. Written constitution is also called an enacted constitution. The written constitution is a deliberate work of an assembly or convention. A constituent assembly or a convention is specially set-up for the purpose of preparing a constitution for the state. Majority of its provisions are written down. It is promulgated on a definite day. Hence, A written constitution is a consciously planned constitution, formulated and adopted by deliberate actions of a constituent assembly or conation, It provides for a definite design of government institutions, their organizations, powers, functions and inter-relationships. It embodies the constitutional law of the state. The government is bound by its provisions. It has to work strictly in accordance with its provisions. It can be amended only by its corresponding provisions. The government, elected representatives and people byknow what they should do, what they can do, and what they cannot do. Features of written constitution :- A written constitution is a conscious act. Most of the provisions are defined. It is the product of a deliberate process, It is framed by a committee of statesmen, lawyers, scholars, and others having good knowledge of the workings of a political system. A constituent assembly or a convention is specially set up to prepare this constitution. It is enacted and promulgated on a fixed day. We can point out the day on which the constitution came into being. Normally a special procedure is followed to make a change in it. Merits of a Written constitution 1)Clear, definite and unambiguous:- A written constitution is precise, it is free from ambiguity. Since it is written, it is C|Par definite. Majority provisions are written down. As such there is no vagueness. They are clea and carry a definite meaning. Since the constitution is deliberately planned and formulated efforts were to made it make it more clear and definite, Thus avoiding vagueness. 2)It promotes stability Since the provisions are written down, the constitution achieves stability in the political life of the people. It is not subject to frequent charges. 3)Ensures protection to the rights A written constitution safeguards fundamental rights. Fundamental rights are very valuable for Individual's freedom and these rights are part of a written constitution. Denial of ' these rights to individuals would amount to the violation of the constitution. It is to be pointed out that the written rights definitely put restrictions on the powers of the powers of the rulers. 4)It is good and essential for federation In modern times written constitution is considered as good and essential in all federal forms of government. There is division of powers between the center and the state. In order to avoid any confusion regarding this division, federations always prefer that this provision should be included in a written constitution. In the absence of a written constitution, the center and units would quarrel and fight. Demerits of written constitution 1) It limits the progress of the country:- A written constitution is too rigid to adapt itself to changing conditions. A written constitution cannot be changed as and when the people like to do so. It is rigid in the sense that it needs special procedure for amending. Some time it takes considerably time to bring about changes in it. It cannot easily meet the requirements of changing times. This situation is not good for the country and achieve the goal of modernization. 2)It becomes a cause of revolution A written constitution may provoke a violent revolution. When a written constitution fails to change with times, the people becon^ impatient and may try to change it through revolts and such demonstrations of disapproval. In short, the people may resort to violent protest and resistance when th government fails to help and give Justice to them. It becomes plaything in the hands of Judiciary :- The framers of written constitutions 3) always try to make every provision as complete as possible and without any loopholes. As a result, it becomes complex and complicated. Common man finds it difficult to understand and interpret. Such a constitution is interested by supreme court with regard to the powers of regional government and the central government. Unwritten constitution :- 4) constitutions, Britain is the classic case of being governed by an unwritten constitution. A small number of states which do not have written From the term unwritten, we can easily make out that its provisions are not written down, An unwritten constitution is one which is neither drafted nor enacted by any assembly or convention. It is a product of slow and gradual evolution. It is not prepared by any constituent assembly or convention. In course of their political development people of a state may develop certain customs, convention, traditions and usages, on the basis of which all its political institutions function. The institutions of the government owe their existence and working to historical events, rules, precedents, and experiences. Hence, unwritten constitution contains many things like customs, conventions, statutes of the parliaments. Judicial decisions, scientific commentaries, etc. However, this should not be taken to mean that an unwritten constitution is totally unwritten. Some of its parts are available in the written form but these do not stand codified in the form of legal documents or code. According to Garner. An unwritten constitution is one in which most and not all, rules are unwritten and these are not found in any one charter or document. In modern times, the British constitution is a singular example of this kind. It becomes clear that An unwritten constitution is not the product of a deliberate act. It grows over time. It is the product of long evolution of a number of customs, conventions and traditions. Features of unwritten constitution :- A. In the unwritten constitution no distinction is usually maintained between ordinary law and constitutional law. Both are passed in the same manner in the parliament. This constitution is mostly unwritten. It is not prepared and enacted by a constituent assembly or convention. It is evolved through the course of history. It is not man-made constitution. D. B. C. No-fixed day or year can be quoted on which it came into being. It mainly consists of customs and conventions developed by the people and the rule and E. statutes passed by the legislature and Judicial decisions of the court of law. F. It is never complete. It is always growing. Merits of an unwritten constitution 1) Elasticity and adaptability It is capable of meeting the demands of time. An unwr constitution mostly depends on customs, conventions, parliamentary statues and jU(jj decisions. All these are flexible elements. New conventions can be established to meet the ** situation. The parliament can pass statutes to meet the demands of the changing times. JU(J** may also give decisions to suit the prevailing circumstances. Therefore, unwritten constitute is adaptable and capable of meeting the demands of time. 2) Safety against revolution It satisfies people's wishes and aspiration. As it changes times without any difficulty, It satisfies people's wishes and aspiration. People do not have to agitate much for its change. Parliament can easily pass the laws and fulfill the people I demands, constitution does not stand in their way. There is less possibility of demonstration for its dis approval. 3) Progressive It would discourage any radical change which is likely to seriously harm the people. If written constitution is considered by many as conservative, unwritten is looked upon as progressive. It is a mirror of public opinion. It reflects the changing trends in public opinion. Demerits of an unwritten constitution 1)It is imprecise, Indefinite and ambiguous Since an unwritten constitution is mostly based on customs, conventions and precedents, it suffers from vagueness. It is not clear and definite. The authority and powers of various organs and offices are not definite, precise and clear. All this is bound to create difficulties in the functioning of government. It may give chance to conflicts among the organs and various offices of government. In short an unwritten constitution gives rise to a lot of scope for conflicting interpretations. 2)It is bad for democracy The provisions of the constitution are not in written form. The people will have to depend for their rights on customs and conventions. The individual may not feel secure about their rights, their rights may be taken away by setting aside those customs and conventions. The people would fail to enjoy their freedom and take active part in the democratic process. Thus, an unwritten constitution is bed for democracy. 3)It is not situation of instability An unwritten constitution suffers from lack of permanence. It is subject to constant charge. As such it is not considered as stable. 4)It is not suitable for federation As the powers of the central government and federa units are not spelled out in a written form, they would fight between themselves about thdn Rigid and Flexible Constitution Constitutions can be classified on the basis of the their amending process into flexible and rigid constitutions. Rigid Constitution The Rigid constitution is one which cannot be easily amended. Its method of amendment is difficult; C.F. strong defines the rigid constitution as "the constitution which requires a special procedure for its alternation or amendment . It means that a rigid constitution cannot be changed or amended by passing a simple law in the legislature or parliament. It requires a separate and special procedure for making any change it. This shows that rigid constitution makes a distinction between constitutional law and ordinary law. It further shows that constitutional law is considered as superior to ordinary law. Features of rigid constitution 1. Rigid constitution is always in a written form. It is precise and unambiguous. 2. Under a rigid constitution, there is always a distinction between constitutional law and ordinary law. Both are different and distinct from each other. 3. For making any change, a special method or a special procedure is necessary. It can not be changed by passing a simple law in the legislature. Special procedure requiring the passing of the amendment proposal by a big majority votes followed by ratification by the people in a referendum. 4. Constitutional law is held as superior to ordinary law of the legislature in a state a rigid constitution. The ordinary laws of the legislature must conform to the provisions of the constitutions. They should not conflict with the provisions of the constitution. 5.Legislature cannot pass any law as it wishes. The authority of the legislature is limited by the constitution. Rigid constitution says about a limited government. Merits of Rigid constitution 1)It provides stability to the political systemSince special method is required to make changes or amendments in it, legislature canchange it as it wishes by passing an ordinary law. Frequent and easy changes are not possible it. The constitution is not a playing of a simple majority of the national legislature. As such' brings stability in the state and government. 2)It is more clear and definiteA Rigid constitution is always in a written form. It is prepared after careful deliberations and discussions. As such it is more clear and definite. There is less vagueness and less ambiguity in it 3)Fundamental rights are more safe Since it cannot be easily changed by passing simple law in the parliaments, fundamental rights can not be easily taken away. In other words, rigid constitution prevents autocratic exercise of the powers by the government. Lastly, constitution can not become a tool in the hands of ruling party exercising the sovereign powers of the State at a particular time. 4)Government cannot act arbitrarily In a rigid constitutional system, constitution is a check on the powers of the legislative and executive bodies. Constitution defines the Jurisdiction of Executive and legislature. It restricts the actions and the Jurisdiction of both. This is the reason that why government cannot act arbitrarily. 5)It is Beneficial for the federal states In a federal system, powers of the centre and of the states are clearly defined. It is not possible for the centre to take away the powers of the states under a rigid constitution. Hence, the rights and powers of the constituent Units are more safe under this constitution. It becomes clear that the rigid constitution is ideal for a federation. 6) There is very less possibility of misuse of powers. Demerits of rigid constitution 1. It is not beneficial in the changing scenario A rigid constitution does not change with changing times. Naturally; it reflects the wishes and ambitions of the people of that period. The overall situation social, political and economic goes on changing. The rigid constitution does not harmonise with period of time. As a result people. become restless. Discontent among the people increases. Constitution does not satisfy the people. They may resort to demonstration. 2.It may be a cause of revolution A constitution which does not change with time is bound to become conservative in due course. The rigid constitution may not remain a leaving document. When it refuses to reflect the changing needs and aspirations of the people, it fails to earn the respect and reverence of the people. As a result revolution may take place. 3. It is a big hurdle to the progress The rigid constitution also proves a hindrance to the development or progress of the people and the nation. It represents the fundamental law according to which all institutions in the nation ought to function. If it fails to take a note of the changing socio-political and economic situation, it is likely to hinder the progress of the nation. 4. It gives under importance to Judiciary Rigid constitution opens the room for Judicial supremacy. Whenever, there is some controversy, matters are taken to the courts for authentic interpretation. As a result. the importance of the Judiciary is considerably increased. Flexible Constitution Flexible constitution is one which can be easily amended. In other words, a flexible constitution is one in which the constitutional law can be amended in the same manner as an ordinary law can be changed. The classic example of flexible constitution is British Constitution. Any new law made by the parliament gives a new rule to the constitution. Thus, it is obvious that there is no distinction between constitutional law and ordinary law. Characteristics of a flexible constitutions. 1. No special procedure or method is necessary for making changes or amendments in a flexible constitution. 2. The country's parliament or legislature can pass an ordinary law and make changes in it. 3. Under this constitution there is no distinction between constitutional law and ordinary law 4.Under this constitution, parliament enjoys supreme powers 5.The procedures for amending constitutional laws and ordinary laws same. Merits of flexible constitution :- 1)It helps to meet emergencies The flexible constitution can be easily changed by passing a simple lav/ in the legrslatu satisfies the demands of the new and changing times, ft helps to meet the emergencies + any trouble. It adapts itself with the changing situation. 2)No chance for revolutionSince, It can be amended by passing a simple law in the legislature, people feel that constitution can fulfill their needs and ambitions without any difficulty they follow a peacrf path to get the lav/ changed to fulfill their ambitions. The*/ do not need to resort to dry methods. 3)Reflects the national mindset reflects the spirit of the changing times. It taken into account the changing trends the public opinion. Hence, it really reflects the national minds. 4)Rights and liberties of the people may be tampered The right and liberties of the people are not safe under a flexible constitution. The pre/afex majority in the parliament may take away the rights and liberties of the people by passing simple law. 5)Plaything in the hands of Judicial tribunalBecause judicial courts interpret it according to their own will and give it a meaning of ther own liking and choice. The distinction between Rigid and Flexible constitution. Constitution & Constitutionalism www.lawtool.net
- Top Law Cases
© 2021 by www.lawtool.net Copyright™ LAW TOP CASES © 2021 by www.lawtool.net Copyright™ © 2021 by www.lawtool.net Copyright™ © 2021 by www.lawtool.net Copyright™ A practising lawyer, was brutally attacked in his residence in May 1995 Advocate Shanmughsundram Case Mr. Shanmughsundram, a practising lawyer, was brutally attacked in his residence in May 1995, in a southern State. The attack came in full view of his personal staff. The victim was attacked as he was about to file a petition in the High Court against the corrupt activities of a powerful politician. Click Here Geeta and Sanjay Chopra kidnapping case The Geeta and Sanjay Chopra kidnapping case (also known as the Ranga-Billa case) was a kidnapping and murder crime in New Delhi in 1978.It involved the kidnapping and the subsequent murder of siblings Geeta and Sanjay by Kuljeet Singh (alias Ranga Khus) and Jasbir Singh (alias Billa). The children were kidnapped for ransom but, on learning their father was a naval officer, both were killed. Geeta was allegedly raped before being murdered, but forensic evidence could not confirm it. The kidnappers had initially admitted to raping her but later retracted the statement. The two kidnappers were convicted and sentenced to death. Click Here KM Nanavati, at the time of the alleged murder K.M. Nanavati v. State OF Maharashtra AIR 1962 SC 605 Commander K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Commander Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. Commander Nanavati, accused under section 302, was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. This was not the last Jury trial in India. West Bengal had Jury trials as late as 1973. Jury trials were abolished in most Indian courts by the 1973 Code of Criminal Procedure except for Parsis who still have Jury Trials for their Matrimonial Disputes. Nanavati was finally pardoned by Vijayalakshmi Pandit, newly appointed Governor of Maharashtra and sister of Prime Minister Jawaharlal Nehru. Click Here Arora's murder L.D. Arora Murder Case L.D. Arora, a senior officer of the Customs Department, was shot dead in 1993, at point blank range, while getting out of his car in front of his residence in the Allahabad town of Uttar Pradesh. Click Here Sheena Bora, Murder case Sheena Bora, an executive working for Mumbai Metro One based in Mumbai, went missing on 24 April 2012. In August 2015 Mumbai Police arrested her mother Indrani Mukerjea, her stepfather Sanjeev Khanna, and her mother's driver, Shyamvar Pinturam Rai, for allegedly abducting and killing her and subsequent burning her corpse. Khanna and Rai confessed to the crime, Click Here Ranbir Singh fake encounter case is an ongoing criminal case in the Uttarakhand state of India, took place on 3 July 2009, and involved fake encounter killings of Ranbir Singh, a 22-year-old MBA graduate in Dehradun. The Ranbir Singh fake encounter case The Ranbir Singh fake encounter case is an ongoing criminal case in the Uttarakhand state of India, took place on 3 July 2009, and involved fake encounter killings of Ranbir Singh, a 22-year-old MBA graduate in Dehradun. Click Here The Suryanelli rape case she was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The Suryanelli rape case (also called the Suryanelli sex scandal) The Suryanelli rape case (also called the Suryanelli sex scandal) refers to a case of kidnapping and subsequent rape of a 16-year-old school girl from Suryanelli, Kerala, India, in 1996. The girl was allegedly lured with the promise of marriage on 16 January 1996 and kidnapped. She was allegedly raped by 37 of the 42 accused persons, over a period of 40 days. The remaining had abetted the crime. After he was named, the issue was politicised, due to a then upcoming general election. Several women's rights activists like K. Ajitha and Suja Susan George,and women's organisations, like NFIW and Anweshi, have taken an interest in the case. Click Here Ajmer rape case 1992 This case is very old. In 1992, the Ajmer serial gang rape and blackmailing case was one of the biggest cases of sexual abuse in India. The incident took place in Ajmer, a city in the state of Rajasthan. The scandal involved hundreds of young girls, some college students. The news of the scandal came to light after a local letter, 'Navajyoti', published some nude pictures and a story about school students being blackmailed by the local gang. Click Here Jessica Lal Murder case Jessica Lal (5 January 1965 – 30 April 1999) was a model in New Delhi who was working as a celebrity barmaid at a crowded socialite party when she was shot dead at around 2 am on 30 April 1999. Dozens of witnesses pointed to Siddharth Vashisht, also known as Manu Sharma, the son of Venod Sharma, a wealthy and influential Congress-nominated Member of Parliament from Haryana, as the murderer. In the ensuing trial, Manu Sharma and a number of others were acquitted on 21 February 2006. Click Here Kathua rape case The Kathua rape case refers to the abduction, rape, and murder of an 8-year-old girl, Asifa Bano, in Rasana village near Kathua in the Indian state of Jammu and Kashmir in January 2018. A chargesheet for the case has been filed, the accused have been arrested and the trial began in Kathua on 16 April 2018. The victim belonged to the nomad Bakarwal community. She disappeared for a week before her dead body was discovered by the villagers a kilometer away from the village. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests by the Panthers Party, along with other local groups. One of the protests, in support of independent CBI probe, was attended by two ministers from the Bharatiya Janata Party, both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage. Click Here organised killing Shankar Guha Neogi Murder Case Shankar Guha Neogi, a top labour leader of Central India, was shot dead in September, 1991, while sleeping in his house. On the request of the Government of Madhya Pradesh, the CBI moved into action. Click Here Hawala case Terrorist Funding Case A militant was arrested by Delhi Police sometime back along with some foreign currency and objectinable documents, including letters written by a top militant leader from abroad to his associates in India. Click Here The Rotherham child sexual exploitation scandal The Rotherham child sexual exploitation scandal consisted of the organised child sexual abuse that occurred in the town of Rotherham, South Yorkshire, Northern England from the late 1980s until the 2010s and the failure of local authorities to act on reports of the abuse throughout most of that period. Researcher Angie Heal, who was hired by local officials and warned them about child exploitation occurring between 2002 and 2007, has since described it as the "biggest child protection scandal in UK history". Evidence of the abuse was first noted in the early 1990s, when care home managers investigated reports that children in their care were being picked up by taxi drivers. From at least 2001, multiple reports passed names of alleged perpetrators, several from one family, to the police and Rotherham Council. The first group conviction took place in 2010, when five British-Pakistani men were convicted of sexual offences against girls aged 12–16.From January 2011 Andrew Norfolk of The Times pressed the issue, reporting in 2012 that the abuse in the town was widespread, and that the police and council had known about it for over ten years. Click Here © 2021 by www.lawtool.net Copyright™ www.lawtool.net Madhya Pradesh State Information Commissioner Issues Arrest Warrant Against Non-Compliant Public Information Officer
- Indian Laws, Bare Acts
< Back THE CODE OF CIVIL PROCEDURE, 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:- PRELIMINARY CHAPTER I SUITS IN GENERAL CHAPTER II EXECUTION CHAPTER III INCIDENTAL PROCEEDINGS CHAPTER IV SUITS IN PARTICULAR CASES CHAPTER V SPECIAL PROCEEDINGS CHAPTER VI SUPPLEMENTAL PROCEEDINGS CHAPTER VII APPEALS CHAPTER VIII REFERENCE, REVIEW AND REVISION CHAPTER IX SPECIAL PROVISION RELATING TO T HE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER CHAPTER X RULES CHAPTER XI MISCELLANEOUS The First Schedule ORDER I-PARTIES OF SUITS ORDER II- FRAME OF SUIT ORDER III- RECOGNIZED AGENTS AND PLEADERS ORDER IV-INSTITUTION OF SUITS ORDER IVA CONSOLIDATION OF CASES ORDER V-ISSUE AND SERVICE OF SUMMONS ORDER VI-PLEADINGS GENERALLY ORDER VII- PLAINT ORDER VIII-WRITTEN STATEMENT, SET-OF AND COUNTER- CLAIM ORDER IX- APPEARANCE OF PARTIES AND CONSEQUENCE OF NON- APPEARANCE ORDER X-EXAMINATION OF PARTIES BY THE COURT ORDER XI-DISCOVERY AND INSPECTION ORDER XII-ADMISSION ORDER XIII-PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS ORDER XIV-SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON ORDER XV-DISPOSAL OF THE SUIT AT THE FIRST HEARING ORDER XV-A. STRIKING OFF DEFENCE IN A SUIT BY A LESSOR. ORDER XVI-SUMMONING AND ATTENDANCE OF WITNESSES ORDER XVIA-ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS ORDER XVII-ADJOURNMENTS ORDER XVIII- HEARING OF THE SUIT AND EXAMINATION OF WITNESSES ORDER XIX- AFFIDAVITS ORDER XX- JUDGMENT AND DECREE ORDER XXA ORDER XXI-EXECUTION OF DECREES AND ORDERS ORDER XXII- DEATH, MARRIAGE AND INSOLVENCY OR PARTIES ORDER XXIII- WITHDRAWAL AND ADJUSTMENT OF SUITS ORDER XXIV- PAYMENT INTO COURT ORDER XXV-SECURITY FOR COSTS ORDER XXVI-COMMISSIONS ORDER XXVII-SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERSR IN THEIR OFFICIAL CAPACITY ORDER XXVII-A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THERINTERPRETATION OF THE CONSTITUTION OR AS TO THERVALIDITY OF ANY STATUTORY INSTRUMENT ORDER XXVIII-SUITS BY OR AGAINST MILITARY OR NAVAL MEN ORAIRMEN ORDER XXIX- SUITS BY OR AGAINST CORPORATIONS ORDER XXX- SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN ORDER XXXI-SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS ORDER XXXII [ORDER XXXIIA-SUITS RELATING TO MATTERS CONCERNING THE FAMILY ORDER XXXIII- SUITS BY INDIGENT PERSONS ORDER XXXV- INTERPLEADER ORDER XXXVI-SPECIAL CASE ORDER XXXVII-SUMMARY PROCEDURE ORDER XXXVIII-ARREST AND ATTACHMENT BEFORE JUDGMENT ORDER XXXIX-TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS ORDER XL- APPOINTMENT OF RECEIVERS ORDER XLII-APPEALS FROM APPELLATE DECREES ORDER XLIII-APPEALS FROM ORDERS ORDER XLIV-[APPEALS BY INDIGENT PERSONS] ORDER XLV- APPEALS TO THE SUPREME COURT ORDER XLVI-REFERENCE ORDER XLVII- REVIEW ORDER XLVIII-MISCELLANEOUS Order L PROVINCIAL SMALL CAUSE COURTS ORDER LI- PRESIDENCY SMALL CAUSE COURTS Previous Next
- GOLAK NATH VS. STATE OF PUNJAB, 1967
GOLAK NATH VS. STATE OF PUNJAB, 1967 GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: ﬁve and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stiﬂed by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights.
- AIBE XVIII (18) 2023:The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023In General & Legal Discussion ·November 11, 2023AIBE XVIII (18) 2023: The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023. Updated on Nov 9, 2023 AIBE XVIII (18) 2023: The Bar Council of India has once again revised the whole AIBE 18 Schedule 2023. Candidates can now submit the AIBE 18 Application Form 2023 until November 16, 2023. Earlier, AIBE 18 (XVIII) Registration 2024 date was November 10. Candidates can now fill out their AIBE 18 Application Form 2023 until the last date. Candidates must check the AIBE 18 eligibility criteria before filling out the AIBE 18 2023 exam application form. The BCI released the revised AIBE 18 Exam Schedule 2023-24 on its official website. As per the new AIBE 18 (XVIII) Exam 2023 official notification, AIBE XVIII (18) 2023-24 Exam Date is December 10, 2023. Earlier, the AIBE 18 Exam Date was December 3, 2023. AIBE 18 (XVIII) Exam will be held in pen-and-paper mode.005
- Revised timetable of AIBE XVIII (18) 2023 released – exam date changed, registration deadline extendIn General & Legal Discussion ·October 18, 2023October 18, 2023 10:30 AM Bar Council of India has announced the revised schedule for AIBE XVIII examination in 2023. The exam will now be held on November 26, 2023. Additionally, the registration deadline for the exam has been extended. Candidates can now submit their application forms till November 4, 2023. Earlier the last date for registration was fixed as 9 October 2023. Those planning to sit the AIBE 18 exam should take note of the new schedule. The last date to submit AIBE XVIII application form for 2023 is now November 4, 2023. The application form can be found on the official website 👉 https://www.allindiabarexamination.com/(https://www.allindiabarexamination.com/) AIBE XVIII examination will be conducted in pen-and-paper mode across 50 examination centers in 50 cities across the country. Candidates will have the option to choose from three different examination centres. The question paper of AIBE 18 will consist of 100 multiple choice questions. The purpose of the examination is to provide Certificate of Practice (COP) to law graduates to practice law. To be eligible for AIBE XVIII examination in 2024, candidates must fulfill certain criteria. It includes a bachelor's degree in law (3-year LLB or 5-year LLB) from a university recognized by the Bar Council of India. There is no age limit to take the AIBE examination, and law graduates must have a valid enrollment certificate. They are required to pass the AIBE examination within two years of enrollment in any State Bar Council. As part of the registration process for AIBE XVIII, candidates will have to fill various details on their application form. This includes personal details, educational qualifications, State Bar Council nomination details and preferred testing cities and languages.003
- AIBE XVIII (18) 2023In General & Legal Discussion ·August 19, 2023AIBE XVIII (18) 2023-24 - The Bar Council of India (BCI) has opened the AIBE 18 registration 2023 on August 16, 2023 at 5 PM on its official website - allindiabarexamination.com. Interested applicants can appply for AIBE XVIII till September 30, 2023. The AIBE XVIII (18) 2023-24 will be conducted in offline mode, across the country. Law graduates who have enrolled at any state bar council and have not cleared the Bar exam yet can appear for the exam. The application form of AIBE XVIII (18) 2023-24 will open today in online mode. The AIBE XVIII (18) 2023-24 will be held on October 29, 2023. AIBE is conducted to test the basic legal knowledge and aptitude of law graduates. The AIBE syllabus 2023-24 will have questions from various legal principles, concepts of law and jurisprudence.0016