Please enable JavaScript.

Coggle requires JavaScript to display documents.

basics of C (rule of law (rol)- by AV dicey (provision reflecting rule of…

- - - - art 21 - check against arbit legislative and executive action
      - art 14
      - art 13 - judicial review of laws
  - - - archaic laws
      - multliplicity of laws
      - criminalistion of politics
    - - over centralisation hierarchy
      - law as tool of oppression - eg: arbit use of sedition law
    - - overburdened judiciary - 4 crore cases pending in all courts
      - lack of access to justice
- - - - provides 5 ways to acquire c/z - NBIRD
      - amendments
        
        regular route - Muslim 12 years by N
        
        other miniority - 5 years by N
        
        NRC for Assam ineffective
    - - [to grant Indian c/z to members of 6 minority communities who migrated to India from 3 countries before 31 Dec 2014- illegal migrants which were identified by NRC
    - - central govt may maintain a NRC of Indian c/z
  - - - who as resided in local area for past 6 months or more
      - or a person who intends to reside in that area for the next 6 months or more
  - - - C/z Act 1955
      - C.z Rules 2003
    - - Census is not intended to identify the individual identity details, while the NPR, on the other hand, is designed to collect identity details of every individual.
- - - - status means a self governing member state within the commonwealth
      - hence, had allegiance to the Crown
      - hence not completely sovereign
      - status granted after passing of indian independence act(IIA) 1947 (before it, status - british colony)
    - - adoption of C in jan 1950 changed dominion status to sovereign republic
  - - - for
        
        though called by B Pt, assembly was free to make any C
        
        IIA gave dominion status because no sovereign state(B) can confer sovereignty on another state by an act of its legislature
        
        assembly represented all of i
        
        included representatives of SCs, parsis, christians, anglo-indians, tribals and women
        
        included prominent leaders of all major political parties
        
        cabinet mission plan died with IIA which gave all the powers to the assembly
      - against
        
        CA created by proposals(cabinet mission plan) of b govt and held its sessions with b govt's permission
        
        did not represent all of i
        
        no universal adult franchise followed in elections - represented only 1/4th of nation
        
        muslim league didnt participate
        
        i was a dominion during this process
      - conclusion
        
        nehru - "CA is a sovereign body representing sovereign people of i"
    - - against
        
        pros of congress
        
        "not a monolithic party but a rainbow coalition"
        
        diverse background people - nehru promoted participation of all castes, religion an gender
        
        diverse ideologies - left, right and centre
        
        mass support - grass-root reach
        
        proportional representation ensured representation of all sections of society - eg: tribals
        
        small but vibrant opposition
        
        experts given respect - unelected ambedkar headed "drafting committee"
        
        basic principles remained same despite regular C amendments - shows C enjoys widest consensus even today
        
        venkatachaliah commission and NCRWC haven't suggested significant changes to C
  - - - about 75% of C taken from here (with modifications)
      - not blind adoption
        
        national commission to review the working of C(NCRWC), 2002 also didnt suggest far reaching changes in C - shows C facilitates india's needs
        
        adapted to our conditions
    - - post of governor at state level
        
        nominee of centre
        
        not elected
        
        its powers during state emergency
      - emergency powers of P similar to special powers of GGoI in 1935 act
      - bicameralsim at centre and in some states
      - separate electorates for SCs similar to their reservation provided in C
      - federal provisions of 1935 act became reference point for making 'union of states' post independence
- - - - we the people
    - - sovereign, secular, socialist, democratic republic
    - - justice, liberty, equality, fraternity
  - - - pr shows general purpose behind provisions of C
      - hence not a part of C
    - - pr is part of C
      - C should be interpreted in light of noble vision of pr
    - - pr is part of C
- - - - Pt by law may create autonomous state within assam
      - legislature - with wholly elected or partly elected/nominated members
      - area - comprising of all/some tribal areas
      - executive - CoM
      - powers, functions, finance decided by Pt
  - - - given in - 6th schedule - for assam, meghalaya, mizoram, tripura
      - provisions
        
        G - power to organise autonomous district(AD) - will have autonomous district council (ADC)
        
        if there are different tribes in an AD, he can divide district into autonomous regions - will have autonomous tribal council(ATC)
        
        ADC
        
        30 members
        
        4 nominated by G, hold ofice during his pleasure
        
        26 directly elected, 5 year term
        
        powers
        
        wrt laws
        
        make laws on specified matters - eg: land, social customs, public utilities, land revenue etc
        
        G assent reqd
        
        estd court
        
        estd village councils or courts for cases b/w tribes
        
        appeal in ADC/ATC
        
        HC jurisdiction specified by the G
        
        Pt/SL acts
        
        dont apply to 6th schedule areas
        
        or apply with modifications/exceptions by G
        
        commission
        
        G - can appoint commission to examine / report on any matter relating to areas' admin
        
        G may dissolve a ADC/ARC on its recom
      - 125th CAB
        
        obj
        
        increase financial / executive powers of 10 ADC
        
        features
        
        elected village municipal councils - grassroot level democracy
        
        its to prepare plans similar to gram panchayat
        
        FC to recommend for devolution of financial resources (currently depends on grants from centre/state for specific projects)
        
        with 1/3rd seats reserved for women
      - PRI/ULB don't apply here
      - act void or valid with modification decided by
        
        Pt laws
        
        in assam - by G
        
        others - by P
        
        state laws
        
        in assam - by G
        
        others - by G
        
        assam m toh governer hi tay karega sab or baki jagah P/G karega if Pt/state law resp.
    - - declared by P, increase( G consultation)/decrease area, ceases to be SA by P
      - criteria
        
        high tribal popn
        
        underdeveloped
        
        eco disparity
        
        compact/reasonable size of area
        
        not in C, but well estd
      - provisions
        
        G to submit report wrt to SA admin to P annually or when P requires
        
        centre can give direction to state govt wrt their admin
        
        estd of 'tribes advisory council' (TAC) in states having SA &STs or even only STs
        
        TAC
        
        <= 20 members, 3/4th from STs
        
        function - advise on matters wrt welfare/advancement of STs in state referred to by G
        
        G can make rules wrt
        
        no. of members in TAC and mode of appointment
        
        its conduct/procedure
        
        G - make regulations for welfare/good governance of SA
        
        regulations for ST members of SA wrt
        
        allot land to them
        
        money lending business lending money to them
        
        prohibit/restrict land transfer by or among them
        
        G can repeal/ament Pt/SL act for making such regulation after assent of P
        
        when TAC exists, consult it
      - 73rd, 74th CAA - PRS, ULBs don't apply to scheduled and tribal areas. - PESA - extends PRS to SA
- - - - almost 35 % of world's population live in autocratizing nations
      - for first time since 2001, autocracies are in majority = 92 countries
  - - - Revolution of 1688- GLorious revolution
        
        blood less revolution - bcz peaceful transfer of powers
        
        many wars fought that ruined treasury of England's govt before it
        
        tired of this , this nobility asserted their rights to be consulted by the monarch
        
        this is how participation of nobles began but not people
      - French and American Revolution - laid down political theories on freedom, equality and deomcracy, but women , minorities - excluded and racisism continued
      - 1950 - concrete gains made in democractic front and elections were made common
    - - elections
      - freedom of speech - media
    - - free and fair elections
      - minorities protection
      - protection of freedom of expression
      - weakening political-business nexus
      - Strengthening transparency and accountability- bringing back RTI act in its original format - how it existed prior to RTI amend 2019. Make CIC on par with the members of EC
      - institutional independence of press and judiciary should be restored
      - presence of a strong opposition for constructive criticism