Polity லேபிளுடன் இடுகைகளைக் காண்பிக்கிறது. அனைத்து இடுகைகளையும் காண்பி
Polity லேபிளுடன் இடுகைகளைக் காண்பிக்கிறது. அனைத்து இடுகைகளையும் காண்பி

3 ஆக., 2024 in , ,

Calling Attention Motion

Calling attention motion

What are Motion

  • A Motion refers to a formal proposal made by a member of Legislature to initiate discussion on a matter of general public importance. It can be Moved either by ministers or Private Members.
  • No Discussion can be made except for such motions that has consent of presiding officer.

Calling Attention Motion

  • A member may with the prior permission of the Speaker call the attention of a Minister to a matter of urgent public importance and request him to make a statement thereon. This is an Indian Innovation.

5 ஜூலை, 2024 in ,

MODEL PRISON MANUAL, 2016 for UPSC Exams

WHAT IS MODEL PRISON MANUAL? 

Model Prison Manual, 2016 is a set of guidelines developed by Ministry of Home Affairs. It covers about prisoner classification and  privileges, disciplinary action and complaints procedures, sanitary and hygiene regulations, etc.,

Model Prison Manual, 2016


Related Articles:

  • Article 39 (a) Fair justice also deals with prisoners.
  • Article 14,19,20,21 and 22 deal with Rights of prisoners.
WHY TO READ?
  • The union Home ministry has asked the states of Union Territories who have not adopted Model Prison Manual so far, to bring in accordance with guidelines provided by Manual. 
  • Prison is a state subject.

26 மார்., 2023 in , ,

National Investigation Agency - UPSC

National Investigation Agency:

  • Mains : GS2 (Polity and Governance), GS3 (Security)

What is National Investigation Agency (NIA), exactly?

The National Investigation Agency (NIA) is a federal agency in India that works under the Ministry of Home Affairs, Government of India which was established in 2009 by the Indian government to combat terrorism and other serious crimes that have national and international ramifications.

The NIA is empowered to investigate and prosecute offenses related to terrorism, as well as offenses that fall under the purview of various other laws, including the Atomic Energy Act, the Unlawful Activities (Prevention) Act, the Explosives Act, and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act.


Headquarters: New Delhi, India

Branches: Hyderabad, Kolkata, Chennai, Guwahati, Mumbai,  Lucknow, Raipur, Kochi and Jammu

Why was NIA set up?

The National Investigation Agency (NIA) was created in India primarily to address the increasing threat of terrorism in the country and to strengthen the legal framework for investigating and prosecuting terrorism-related cases.

The need for a specialized agency that could investigate and prosecute terrorism-related cases across state and international borders was felt strongly after the 2008 Mumbai attacks, which were carried out by terrorists who had crossed the border from Pakistan.

Also read: What is NHRC?

The NIA's objectives:

The National Investigation Agency (NIA) was established in India with the primary goal of combating terrorism and other serious crimes that have national and international ramifications. The agency was created to strengthen the existing legal framework for investigating such cases and to provide a specialized agency with the necessary resources and expertise to effectively investigate and prosecute terrorism-related cases across state and international borders.

The following are a few of the NIA's specific objectives:
  • To investigate and prosecute offenses related to terrorism and other serious crimes that have national and international ramifications, as per the provisions of the National Investigation Agency Act, 2008.
  • To take over investigations of such offenses from state police forces under certain circumstances, as per the provisions of the Act.
  • To coordinate with other law enforcement and intelligence agencies in India and around the world to identify, track, and prosecute individuals and groups involved in such crimes.
  • To gather and analyze intelligence related to terrorism and other serious crimes.
  • To develop and maintain expertise in the investigation of terrorism-related cases, including the use of advanced forensic techniques and technologies.
  • To enhance public awareness about the threat of terrorism and other serious crimes and to promote cooperation and coordination among various stakeholders in countering such threats.
  • To Investigate professionally the scheduled offences utilising the latest scientific methods.

Amendments of NIA:

There have been several recent amendments made to the National Investigation Agency (NIA) Act, 2008. Here are some of the key amendments:
  • Empowering NIA to investigate cybercrimes: The NIA Act was amended in 2019 to empower the NIA to investigate cybercrimes and offenses related to the use of explosives.
  • Provision for attachment of property: The NIA Act was amended in 2019 to provide for the attachment of property of a person who is being investigated by the agency. This provision is aimed at preventing the person from disposing of the property and frustrating the investigation.
  • Expansion of NIA's jurisdiction: The NIA Act was amended in 2019 to expand the agency's jurisdiction to investigate offenses related to human trafficking, counterfeit currency, and manufacture or sale of prohibited arms.
  • Provision for special courts: The NIA Act was amended in 2019 to provide for the establishment of special courts for the trial of cases investigated by the agency.
  • Authorization to investigate cases related to scheduled offenses: The NIA Act was amended in 2019 to authorize the NIA to investigate cases related to scheduled offenses even if they are not directly linked to terrorism.

Cases that NIA dealt with:

The National Investigation Agency (NIA) has been involved in several high-profile cases related to terrorism, organized crime, and other serious offenses in India. Here are some examples of cases held by the NIA:

Mumbai Terror Attack Case: The NIA investigated the 2008 Mumbai terror attack case, in which ten Pakistani terrorists carried out coordinated attacks in Mumbai, killing 166 people.

Pathankot Attack Case: The NIA investigated the 2016 Pathankot attack case, in which a group of terrorists attacked an Indian Air Force base in Pathankot, Punjab, killing seven security personnel.

Pulwama Attack Case: The NIA investigated the 2019 Pulwama attack case, in which a suicide bomber attacked a convoy of vehicles carrying security personnel in Jammu and Kashmir, killing 40 CRPF personnel.

ISIS Conspiracy Case: The NIA has investigated several cases related to the activities of the Islamic State of Iraq and Syria (ISIS) in India, including the ISIS Conspiracy Case in which several individuals were arrested for allegedly planning to carry out terror attacks in India.

Hizbul Mujahideen Funding Case: The NIA investigated the Hizbul Mujahideen funding case, in which several individuals were arrested for allegedly providing financial support to the Hizbul Mujahideen terror group in Jammu and Kashmir.

Illegal Arms and Ammunition Case: The NIA has also investigated several cases related to the illegal trafficking of arms and ammunition, including the seizure of a large cache of arms and ammunition from various parts of the country.

25 நவ., 2022 in , ,

Preamble - Porul.in Explainer

 The Preamble is an introductory statement to the constitution. It is intended to state the subject, aims and objectives of the constitution. The Preamble to the Indian Constitution is based on the "Objective Resolution" of Nehru. Jawaharlal Nehru introduced an objective resolution on December 13, 1947 and it was accepted by constituent assembly on 22nd January 1947. 

The Preamble derives its authority from the people of India. It declares India to be a sovereign, socialistic, secular, democratic and republic. It specifies justice, liberty, equality and fraternity as the objectives. It was adopted on November 26th, 1949.

The Preamble has been amended only once by the 42nd Constitutional amendment, 1976. With the help of this amendment three new words were added to the Preamble namely socialist, secular and integrity.



Porul.in

SCOPE:

As Supreme Court has observed it is the key to unravel the minds of the makers of the Constitution. It is non-justifiable in nature, like the DPSPs and cannot be enforced in a court of law. The Preamble can neither provide definite or real power to the three organs of the state nor limit their powers under the provisions of the Constitution. Therefore, Preamble plays a limited and yet vital role in removing the doubt surrounding the provisions of the Constitution.

SIGNIFICANCE OF THE PREAMBLE:

The words sovereign, socialist, secular, democratic and republic in the Preamble show the nature of the nation. The ideals of justice, liberty, equality, fraternity reflect the constitutional objectives. Preamble reflects the philosophy of the Constitution.

A famous jurist and constituent expert named N.A Palkhivala describes the Preamble as the "Identity card of the Constitution"
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KEY WORDS:

We the people of India:
It means the people of India are the ultimate leaders and their power is exercised at the ballot box. The selected representatives through the elections will govern the nation on behalf of citizens of India and will be responsible for them.

Sovereign:
The word sovereign means supreme power or authority. According to our Indian Constitution, India is a sovereign state. A sovereign state has its own independent authority and not being dominated by any other external force.

Socialist:
India has adopted "Democratic Socialism", which advocates a mixed economy, where the private and governmental sector co-exist. It seeks to eradicate poverty, ignorance, sickness and inequality in opportunity.

Secular:
The term secular means all the religions in India gets equal respect, protection and support from the state.

Democratic:
The term democratic refers to the form of government in which the people have the authority in which the supreme power is vested in the people and exercised directly by them or through the representatives elected by the people through elections.

Republic:
The term republic means that the head of state is directly or indirectly elected by the people. For Example, In India, the President is the head of the State and he is indirectly elected by the people.

OBJECTIVES:

The main objective is to promote peace throughout the nation. The factors helping in achieving the objective are:

Justice:
The term stands for system of equal rights, freedom and opportunities for all in a society. India seeks social, economic and political justice to ensure equality to its citizens.
     Social Justice - It means a society without discrimination on any grounds like caste, creed, gender, religion, etc.,
     Economic Justice - No discrimination on the basis of wealth, income and economic status of the people. Every person must be paid equally and equal opportunities should be provided for every people.
     Political Justice - All the people have an equal, free and fair right without any discrimination to participate in political opportunities.

Liberty:
The term "liberty" means freedom, it means that people can choose their way of life and no reasonable restrictions can be imposed in terms of thoughts, feelings and view. Liberty does not mean freedom to do anything, but there is a certain limit which is set by the law.

Equality:
The term means all the people have given equal opportunities for everything without any discrimination. Everyone is equal before the law.

Fraternity:
The term fraternity means a feeling of brotherhood. It helps to promote dignity and unity in the nation.

LANDMARK CASES:

In Re Berubari Union case (1960), the Supreme Court held that the Preamble is not the part of the Constitution and because of this, Preamble has no substantive power.

In Keshavananda Bharati vs. State of Kerala (1973), the Supreme Court held that the Preamble is the part of the Constitution and it is of great importance. The court further held that the Preamble can be amended without altering the basic structure of the Constitution.

In S.R. Bommai v. Union of India (1994), the Supreme Court reiterated the view held in Keshavananda Bharati case and held that the Preamble is an integral part of the Constitution.

In K.K. Bhaskaran v. State (2011), the Supreme Court held that the Constitution should be interpreted in such manner so as to secure the goal of social, economic and political justice.

22 அக்., 2022 in , , ,

A Study on Constitutional Doctrines - porul.in Explainer

A Doctrine is a principle, theory, or position that is usually applied and upheld by Courts of Law. See a Doctrine can either be a rule, theory or tent of law. In Indian Constitutional law, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Some of the important judicial doctrines are discussed here.


DOCTRINE OF BASIC STRUCTURE:

Actually, There is no mention of the term Basic Structure in the Constitution of India. Then ask why should Basic Structure be called a Doctrine?, Because it was given through the Kesavananda Bharati case (1973) of the Constitution Bench of Supreme court. Though the bench didn't clearly mention what Basic structure really consists of, it gave us an idea. Infact it turned to become a bedrock of our constitution, protecting it from parliament changing some core features of the constitution like Secular nature, Federal character etc through amendments. For starters Parliamentary Democracy, Fundamental Rights, Secularism, Federalism, judicial review, etc., are all held by courts as the basic structure of the Indian Constitution. This doctrine actually helps to protect and preserve the spirit of the Constitution Document.

ORIGIN:

  • The origins of this basic structure are found in the German Constitution, which after the Nazi regime, was amended to protect some basic laws.

IMPORTANT JUDGEMENTS:

  1. In Kesavananda Bharati case 1973, the Supreme Court of India held for the first time that the parliament has the power to amend any part of the constitution but it cannot alter the "basic structure of the constitution". 
  2. It was reaffirmed by the Indira Nehru Gandhi vs Raj Narain case (1975).The SC struck down the 39th Amendment Act as it was against the principle of separation of powers. It placed the disputes relating to the president, Vice President, Prime Minister and Speaker of Lok Sabha beyond the jurisdiction of all Courts. 
       3. This Basic structure Doctrine was strengthened by Minerva Mills case, 1980 and later in the Waman Rao case,1981. In this case the SC looked into the validity of Article 31A and Article 31B of the Constitution of India with respect to the doctrine of basic structure.

DOCTRINE OF SEPARATION OF POWERS:

It mainly signifies the division of powers between various organs of the state, i.e., the executive, legislature and judiciary. This Doctrine is based on the philosophy of trias politica. The three principles of this philosophy are:
  1. One organ should not form part of the other 2 organ (Judiciary cannot be a part with executive and legislature).
  2. One organ should not interfere in working of the other organ (Executive cannot interfere in legislative work).
  3. One organ should not exercise the function of the other organ. (Legislature cannot perform duties of judiciary).
  4. Article-50 of the Directive Principles of the State Policy (DPSP) puts an obligation over the state to separate the judiciary from executive. This article says,
          "The State shall take steps to separate the judiciary from the executive in the public services of the State."

IMPORTANT JUDGEMENTS:

  1. In Ram Jawaya v. State of Punjab the SC held that the Doctrine of Separation of Power was not fully accepted in India.
  2. In Indira Nehru Gandhi v. Raj Narain (1975), the SC held that the separation of powers is a part of the basic structure of the Constitution. None of the three separate organs of the Republic can take over the functions assigned to the other.

DOCTRINE OF PITH AND SUBSTANCE:

Pith means "True Nature" and Substance means "the most important or essential part of something". There can be circumstances in which subject matter of list 1 (state legislature) clashes with the subject matter of list 2 (union legislature). Hence, this doctrine is applied in this kind of situation. "The Doctrine of Pith and Substance" is applied to determine whether a particular law relates to a particular subject mentioned in one list or the other. 

Apart from its applicability in cases related to the competency of the legislature (Article 246), this doctrine is also applied in cases related to Repugnancy in laws made by Parliament and laws made by the State Legislature (Article 254). (Repugnancy is basically when two pieces of legislation have a conflict between and when are applied to the same facts but they produce different outcomes or results). This doctrine is employed in such cases to resolve the inconsistency between laws made by the Centre and the Legislature.

ORIGIN:

  • The origin of this doctrine lies in Canada and in India it came to be adopted in the pre-independence period, under the Government of India Act, 1935. This Doctrine is firmly supported by Article 246 of the Constitution and the Seventh Schedule.

IMPORTANT JUDGEMENT:

  1. In State of Bombay Vs. F.N. Balsara, was a case in which Bombay Prohibition Act was challenged on the grounds that the prohibition of liquor on the borders was a matter of Central Government. The act was held valid by the court, it fell under the State list though it was impacting the liquor.
  2. Another important case for this Doctrine in Prafulla Kumar Mukherjee v. Bank of Khulna. 

DOCTRINE OF SEVERABILITY:

It is also known as "Doctrine of Separability" and protects the fundamental rights of the citizens. As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall be made void. 

The whole law/act would not be held invalid, but only the provisions which are not in consistency with the Fundamental Rights. According to this Doctrine, if there is any offending part in the statute, then the offending part can be declared as void, not the entire statute and the valid part can be kept. 

If the valid and invalid part are so closely mixed up with each other that it cannot be separated then the whole law or act will be held invalid.

ORIGIN:

  • This Doctrine found its roots in England in the case of Nordenfelt v. Maxim Guns and Ammunition Company Ltd., here the issue was related to a Trade clause. Here the disputed clause was severable; and hence only a part of it become void. In this case, however, it was not exactly the doctrine of severability; it was "doctrine of blue pencil".

IMPORTANT JUDGEMENTS:

  1. In the case of RMDC vs. UOI, SC stated that doctrine of severability is a matter of substance and not of form.
  2. In A.K. Gopalan v. State of Madras (1950), the SC held that in case of inconsistency to the Constitution, only the disputed provision of the Act will be void and not the whole of it. The Court found that Section 14 of the Preventive Detention Act to be violative of Article 14 of the Constitution. Hence, the Section 14 of the Act was severed and held void, while the other provisions remain to be valid within the Statute.
  3. In State of Bombay v. F.N. Balsara(1951), the disputed statute here was Bombay Prohibition Act, where the unconstitutional provision was held void and inoperative while the other part was not damaged and the Statue was stille be remaining in the force.

DOCTRINE OF ECLIPSE:

It is applied when any law/act violates the Fundamental Rights. This means the law becomes dormant and makes it unenforceable but not void ab initio (Having no legal effect from the origin).

If the said fundamental right is amended, in that case, the dormant law becomes active. It is only against the citizens that these laws/acts remain in a dormant condition but remain in operation as against non-citizens who are not entitled to fundamental rights. Doctrine of eclipse is contained in Article 13(1) of the Indian Constitution. The Doctrine of eclipse does not apply to post-constitutional laws.

IMPORTANT JUDGEMENTS:

  1. The first case in which this doctrine was applied was Bhikaji vs. State of Madhya Pradesh(It was applied to pre-constitutional laws).  
  2. The extension to the post-constitutional law was stated in the case of DulareLodh vs ADJ Kanpur.