The doctrine of judicial review originated in the USA. It was first propounded in the case of Marbury vs Madison in 1803.
The Indian Constitution confers the power of judicial review on the Supreme Court as well as High Courts. Judicial review has been declared as one of the basic structure of the Constitution by the Supreme Court.
Basic rights of the human being such as the right to life and personal liberty, right to live life with dignity etc., are guaranteed to each individual by our Constitution. Apart from this, the Universal Declaration of Human Rights sets out fundamental human rights which are universally protected.
Indian legal system follows the principle of ‘innocent until proven guilty’. The court shall think an accused person is innocent until he is proved guilty.
Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of State assembly will decide which laws will be applicable to Jammu and Kashmir.
Article 35A declares that which people are declared or decided to be a permanent resident of Jammu and Kashmir.
The people of India were prioritising Jati (caste), due to which the backward classes remained confined to a corner. This gave rise to the formation of the Kalelkar Commission on 29th January 1953.
Being dissatisfied with the result of the Kalelkar Commission, the President appointed Mandal Commission on 1st January 1979.
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.
Our democracy is supported by four pillars – legislature, executive, judiciary and press.
The legislature makes laws.
It is difficult for the Parliament to carry out and maintain the same as per the law. Hence, the powers are delegated to the executive as per the Constitution.
This delegation of powers to other organ is called delegated legislation.
Article 324 of the Indian Constitution declares that the power of the parliamentary election, state legislature, President of India and Vice-President of India shall be entrusted with the election commission.
Article 324(2) of the Constitution states that there shall be one Chief Election Commissioner and as many numbers of Election Commissioners the President of India may fix from time to time.
The governor is the head of the state. He is elected by the President of India and holds office at the pleasure of the President.
Governor acts as a bridge between union and state. He has to communicate the state’s aspiration to the union as an elder brother and brings issues of national significance at the state level like a postman.
Any act done with an intention to disrespect or tarnish the image of the court or willful disobedience to any court order, judgement or decree can be defined as contempt of court.
Our Constitution has not precisely defined contempt of court, but according to Article 129, the Supreme Court has the power to punish for its contempt. Article 215 confers comparable powers to High Courts.
1. Single Citizenship
2. The Centre Can Change the Name And Boundaries Of States
3. Single Unified Judiciary
4. Uniquely In Emergencies
5. Common All India Services
6. Inequality Of Representation In the Council of States
7. Appointment Of Governors
8. The Office Of Comptroller and Auditor General
9. Centralized Electoral Machinery
10. Financial Dependence Of States
Cooperative federalism means that there should be a mechanism for coordination between the union and the states. Institutions like the national development council, finance commission, and zonal councils have promoted cooperative federalism.
Competitive federalism is a philosophy that promotes competition between the states and the union and between the state governments.
1. Regulating Act, 1773
2. Pitts India Act, 1784
3. Charter Act, 1813
4. Charter Act, 1833
5. Government of India Act, 1858
6. Indian Council Act, 1861
7. Indian Council Act, 1892
8. Act of 1909 (Minto Morley Reforms)
9. Act of 1919 (Montagu Chelmsford Reforms)
10. Government of India Act, 1935
11. Cripps Mission
12. Cabinet Mission Plan
13. Indian Independence Act, 1947
WE, THE PEOPLE OF INDIA,
having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY…