1.
Supreme Court of India
–
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and it safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it matters which may specifically be referred to it under the Constitution by the President of India. It also may take cognisance of matters on its own, without anyone drawing its attention to them, the law declared by the Supreme Court becomes binding on all courts within India. These new High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against judgements of the High Courts, the Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system. Supreme Court initially had its seat at Chamber of Princes in the Parliament building where the previous Federal Court of India sat from 1937 to 1950, the first Chief Justice of India was Sir H J Kania. In 1958, the Supreme Court moved to its present premises, originally, Constitution of India envisaged a Supreme Court with a Chief Justice and seven Judges, leaving it to Parliament to increase this number. In formative years, the Supreme Court met from 10 to 12 in the morning, the Right Wing of the structure has the bar - room, the offices of the Attorney General of India and other law officers and the library of the court. The Left Wing has the offices of the court, in all there are 15 court rooms in the various wings of the building. The foundation stone of the courts building was laid on 29 October 1954 by Rajendra Prasad. The Court moved into the building in 1958, in 1979, two new wings - the East Wing and the West Wing - were added to the complex. On 20 February 1980, a bronze sculpture of 210 centimeter height was installed in lawn of the Supreme Court. On the book, a balance is shown, which represents dispensation of justice to all. The sculpture was made by the renowned artist Chintamoni Kar The design of the Courts seal is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Asoka with 24 spokes, the inscription in Sanskrit yatodharmastato jayah means whence law, thence victory. It is also referred to - as the wheel of righteousness, encompassing truth, goodness, Supreme Court Rules,2013 entitle only those advocates who are registered with the supreme court, called Advocates-on-Record to appear, act and plead for a party in the court
2.
New Delhi
–
New Delhi is the capital of India and one of Delhi citys 11 districts. The National Capital Region is a larger entity comprising the entire National Capital Territory along with adjoining districts. The foundation stone of the city was laid by George V and it was designed by British architects, Sir Edwin Lutyens and Sir Herbert Baker. The new capital was inaugurated on 13 February 1931, by Viceroy, New Delhi has been selected as one of the hundred Indian cities to be developed as a smart city under Prime Minister of India Narendra Modis flagship Smart Cities Mission. Calcutta was the capital of India during the British Raj until December 1911, Delhi had served as the political and financial centre of several empires of ancient India and the Delhi Sultanate, most notably of the Mughal Empire from 1649 to 1857. During the early 1900s, a proposal was made to the British administration to shift the capital of the British Indian Empire, as India was officially named, from Calcutta on the east coast, to Delhi. The Government of British India felt that it would be easier to administer India from Delhi in the centre of northern India. The land for building the new city of Delhi was acquired under the Land Acquisition Act 1894. The foundation stone of New Delhi was laid by King George V and Queen Mary at the site of Delhi Durbar of 1911 at Kingsway Camp on 15 December 1911, during their imperial visit. Large parts of New Delhi were planned by Edwin Lutyens, who first visited Delhi in 1912, the contract was given to Sobha Singh. The original plan called for its construction in Tughlaqabad, inside the Tughlaqabad fort, construction really began after World War I and was completed by 1931. The city that was later dubbed Lutyens Delhi was inaugurated in ceremonies beginning on 10 February 1931 by Lord Irwin, Lutyens designed the central administrative area of the city as a testament to Britains imperial aspirations. Soon Lutyens started considering other places, however, it was rejected by the Viceroy when the cost of acquiring the necessary properties was found to be too high. The central axis of New Delhi, which faces east at India Gate, was previously meant to be a north-south axis linking the Viceroys House at one end with Paharganj at the other. During the projects early years, many believed it was a gate from Earth to Heaven itself. Eventually, owing to space constraints and the presence of a number of heritage sites in the North side. A site atop the Raisina Hill, formerly Raisina Village, a Meo village, was chosen for the Rashtrapati Bhawan, then known as the Viceroys House. The reason for this choice was that the hill lay directly opposite the Dinapanah citadel, which was considered the site of Indraprastha
3.
President of India
–
The President of the Republic of India is the Head of State of India and the Commander-in-chief of the Indian Armed Forces. The oath of the President is taken in the presence of the Chief Justice of India, the President resides in an estate known as the Rashtrapati Bhavan situated in Raisina Hill in New Delhi. The presidential retreats are The Retreat in Chharabra, Shimla and Rashtrapati Nilayam in Hyderabad, the 13th and current President is Pranab Mukherjee, who was elected on 22 July 2012, and sworn in on 25 July 2012. He is also the first Bengali to be elected as President, India achieved independence from the British on 15 August 1947, initially as a Dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Still, following this, the Constituent Assembly of India, under the leadership of Dr. B. R. Ambedkar, the Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, the constitution of the Republic of India gave the President the responsibility and authority to defend and protect the constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after Presidents assent, the president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution, the primary duty of the President is to preserve, protect and defend the constitution and the law of India as made part of his oath. The President is the head of all independent constitutional entities. All his actions, recommendations and supervisory powers over the executive and legislative entities of India shall be used in accordance to uphold the constitution, there is no bar on the actions of the President to contest in the court of law. Legislative power is vested by the Parliament of India of which the president is the head. The President of the Republic summons both the Houses of the Parliament and prorogues them and he can dissolve the Lok Sabha. The President inaugurates Parliament by addressing it after the general elections, the Presidential address on these occasions is generally meant to outline the new policies of the government. All bills passed by the Parliament can become laws only after receiving the assent of the President per Article 111, after a bill is presented to him, the President shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to Parliament, if it is not a money bill, when, after reconsideration, the bill is passed accordingly and presented to the President, with or without amendments, the President cannot withhold his assent from it. Article 143 gave power to the president to consult the Supreme Court about the validity of any issue. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval, ordinances remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier. Re-promulgation of ordinances after failing to get approval within stipulated time of the houses of parliament is unconstitutional act by the President
4.
Term of office
–
A term of office is the length of time a person serves in a particular elected office. In many jurisdictions there is a limit on how long terms of office may be before the officeholder must be subject to re-election. Some jurisdictions exercise term limits, setting a number of terms an individual may hold in a particular office. Being the origin of the Westminster system, aspects of the United Kingdoms system of government are replicated in other countries. The monarch serves as head of state until his or her death or abdication, in the United Kingdom Members of Parliament in the House of Commons are elected for the duration of the parliament. Following dissolution of the Parliament, an election is held which consists of simultaneous elections for all seats. For most MPs this means that their terms of office are identical to the duration of the Parliament, an MP elected in a by-election mid-way through a Parliament, regardless of how long they have occupied the seat, is not exempt from facing re-election at the next general election. The Septennial Act 1715 provided that a Parliament expired seven years after it had been summoned, prior to the Fixed-term Parliaments Act 2011 parliaments had no minimum duration. Parliaments could be dissolved early by the monarch at the Prime Ministers request, the Fixed-term Parliaments Act 2011 mandated that Parliaments should last their full five years. Early dissolution is possible, but under much more limited circumstances. Hereditary peers and life peers retain membership of the House of Lords for life, Lords Spiritual hold membership of the House of Lords until the end of their time as bishops, though a senior bishop may be made a life peer upon the end of their bishopric. The devolved administrations in Scotland, Wales and Northern Ireland are variations on the system of government used at Westminster, the office of the leader of the devolved administrations has no numeric term limit imposed upon it. However, in the case of the Scottish Government and the Welsh Assembly Government there are fixed terms for which the legislatures can sit and this is imposed at four years. Elections may be held before this time but only if no administration can be formed, offices of local government other regional elected officials follow similar rules to the national offices discussed above, with persons elected to fixed terms of a few years. Federal judges have different terms in office, however, the majority of the federal judiciary, Article III judges, such as those of the Supreme Court, courts of appeal, and federal district courts, serve for life. The terms of office for officials in state governments according to the provisions of state constitutions. The term for state governors is four years in all states but Vermont and New Hampshire, the National Conference of State Legislatures reported in January 2007 that among state legislatures,44 states had terms of office for the lower house of the state legislature at two years. Five had terms of office at four years,37 states had terms of office for the upper house of the state legislature at four years
5.
Constitution of India
–
The Constitution of India is the supreme law of India. It is the longest written constitution of any country in the world. The nation is governed by it, B. R. Ambedkar is regarded as its chief architect. It was adopted by the Constituent Assembly on 26 November 1949, with its adoption, the Union of India became the modern and contemporary Republic of India replacing the Government of India Act,1935 as the countrys fundamental governing document. To ensure constitutional autochthony, the framers of the repealed the prior Acts of the British Parliament via Article 395 of the constitution. India celebrates its coming into force on 26 January each year and it declares India a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The major portion of the Indian subcontinent was under British rule from 1857 to 1947, when the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a democratic republic. The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. Articles 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393 and 394 of the Constitution came into force on 26 November 1949 and it is drawn from many sources. Keeping in mind the needs and conditions of India its framers borrowed different features freely from previous legislation viz and it was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389 member Constituent Assembly took almost three years to complete its task of drafting the Constitution for independent India, during which. Of these,114 days were spent on the consideration of the draft Constitution, on 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a draft Constitution for India, while deliberating upon the draft Constitution, the assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C, there were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi, the Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gurung represented the Gorkha Community, prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur, the first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha
6.
H. J. Kania
–
Sir Harilal Jekisundas Kania was the first Chief Justice of India, dying in office in 1951. Kania was born to a family at Surat. His elder brother Hiralal Jekisundas was also a barrister whose son Madhukar Hiralal Kania became a Supreme Court judge in 1987, and subsequently Chief Justice. Kania took his BA from Samaldas College in 1910, followed by an LLB from Government Law College, Bombay in 1912, for a time, Kania served as acting editor of the Indian Law Reports. Briefly serving as a judge on the Bombay High Court in 1930, he was appointed an additional judge on the same court in June 1931. Kania then returned to the bar for three months until he was promoted to judge in June. In 1943, Kania was knighted in that years Birthday Honours list, while Stone was personally against Kania being passed over, he accepted Beaumonts nomination. However, Kania served as acting chief justice from May–September 1944 and he was promoted to associate judge of the Federal Court, then headed by Sir Patrick Spens on 20 June 1946. Spens retired on 14 August 1947, and Kania succeeded him as Chief Justice, after India became a republic on 26 January 1950, Kania was appointed the first Chief Justice of the Supreme Court of India. Acting as Chief Justice he read oath to Dr. Rajendra Prasad and he died in office of a sudden heart attack on 6 November 1951, aged 61. Archived from the original on 12 February 2006, Indian Supreme Court Judges, A Portrait
7.
Law of India
–
Law of India refers to the system of law in modern India. India maintains a common law system inherited from the colonial era. During the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law, certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory, separate laws govern Sikhs, Hindus, Muslims, Christians, and followers of other religions. The exception to rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces. As of January 2017, there were about 1,248 laws, ancient India represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, manus central philosophy was tolerance and pluralism, and was cited across Southeast Asia. Early in this period, which culminated in the creation of the Gupta Empire, relations with ancient Greece, the appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. With the advent of the British Raj, there was a break in tradition, as a result, the present judicial system of the country derives largely from the British system and has few, if any, connections to Indian legal institutions of the pre-British era. The Constitution of India, which came into effect on 26 January 1950 is the lengthiest written constitution in the world and it provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and the State Governments. Also incorporated into the text are a chapter on the rights of citizens. The constitution prescribes a federal structure of government, with a defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft its own laws on subjects classified as state subjects, laws passed by the Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. The Indian Penal Code formulated by the British during the British Raj in 1860, the Code of Criminal Procedure,1973 governs the procedural aspects of the criminal law. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and this decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts, in February 2011, the Supreme Court of India ruled that criminal defendants have a constitutional right to counsel. Capital punishment in India is legal, the last execution was conducted on July 30,2015, when the mastermind of 1993 Bombay serial blast, the terrorist Yakub Memon, was hanged in Nagpur
8.
Ministry of Law and Justice (India)
–
The ministry is headed by a cabinet rank minister appointed by the President of India on the recommendation of the Prime Minister of India. Ravi Shankar Prasad is the current minister for law and justice in India, Ministry of law and justice is the oldest limb of the government of India dating back to 1833 when the Charter Act 1833 was enacted by the British Parliament when India was under British control. The said Act vested for the first time legislative power in a single authority, by virtue of this authority and the authority vested under him under section 22 of the Indian Councils Act 1861 the Governor General in Council enacted laws for the country from 1834 to 1920. After the commencement of the Government of India Act 1919 the legislative power was exercised by the Indian Legislature constituted thereunder, the Government of India Act 1919 was followed by the Government of India Act 1935. When the Constitution of India came into force on 26 January 1950, the Government of India Rules of 1961 entail the various departments working under the Ministry of Law and Justice of Government of India. In terms of these Rules, the Ministry comprises the departments, Department of Legal Affairs, Legislative Department. The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government i. e and it is also concerned with election Laws namely the Representation of the People Act 1950 and the Representation of the People Act 1951. In addition it is entrusted with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law. The responsibility of maintaining up to date the statutes enacted by Parliament is also with this Department, Constitution Orders, notifications for bringing into force Constitution Acts. Compilation and publication of unrepealed Central Acts, Ordinances and Regulations of general statutory Rules and Orders, elections to Parliament, to the Legislatures of States, to the Offices of the President and Vice-President, and the Election Commission. Preparation and publication of standard terminology for use, as far as possible. Publication of law books and law journals in Hindi, marriage and divorce, infants and minors, adoption, wills, intestate and succession, joint family and partition. Transfer of property other than agricultural land, contracts, but not including those relating to agricultural land. Trusts and trustees, Administrators, General and Official Trustees, civil Procedure including Limitation and Arbitration. Charitable and religious endowments and religious institutions, appointment, resignation and removal, etc. of Chief Justice and Judges of High Courts in States, their salaries, rights in respect of leave of absence, pensions and travelling allowances. Appointment of Judicial Commissioners and Judicial officers in Union Territories, Constitution and organisation of the Supreme Court and the fees taken therein. Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers, administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts. Court fees and Stamp duties in the Union Territories, creation of all India Judicial Service
9.
Law Commission of India
–
Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform and its membership primarily comprises legal experts, who are entrusted a mande by the Government. After that, three more Commissions were established in pre-independent India, the first Law Commission of independent India was established in 1955 for a three-year term. Since then, nineteen more Commissions have been established, the 20th Law Commission was established in 2013 under the Chairmanship of Supreme Court Judge, D. K Jain. Its tenure was fixed till 2015, the present Law Commission was established in 2015, and has tenure to 2018. The terms of reference of the Law Commission include the review and repeal of laws, the examination of existing laws. This post was lying vacant since September 2015, 66-year old Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal. One of the key issues pending before the Law Commission is a call on amending the Indian Penal Code amid allegations of abuse and this was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj. In order to improve the law and order situation and also to ensure uniformity of legal administration, the First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India, few of the most important recommendations made by this First Law Commission were those on, Indian Penal Code, Criminal Procedure Code, etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act and Indian Contract Act, the first law commission in Independent India was established in 1955 and since then twenty more law commissions have been established. Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the diaspora of India. The contribution of each of these Commissions has been enumerated below, the first Law Commission of independent India was established in 1955. The Chairman of this Commission was Mr. M. C, setalvad, who was also the First Attorney General of India. The term of this Commission was established as three years and this Commission submitted its last report on 16 September 1958. The reports submitted by the First Law Commission of India are as under and it stayed in office till 1961. It presented the reports, The Third Law Commission was established in 1961 under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1964 and it presented the following reports, The Fourth Law Commission was established in 1964 and was again under the Chairmanship of Justice J. L. Kapur
10.
Bar Council of India
–
The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar and it prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. In March 1953, the All India Bar Committee, headed by S. R. Das, submitted a report proposed the creation of a bar council for each state. It was suggested that the all India bar council should regulate the legal profession, the Law Commission of India was assigned the job of assembling a report on judicial administration reforms. In 1961, the Advocates Act was introduced to implement the recommendations made by the All India Bar Committee, setalvad and C. K. Daphtary were the first chairman and vice chairman respectively. In 1963, C. K. Daphtary became the Chairman, Section 7 of the Advocates Act,1961 lays down the Bar Council’s regulatory and representative mandate. The functions of the Bar Council are to, Lay down standards of professional conduct, determine universities whose degree in law shall be a qualification for enrollment as an advocate. Conduct seminars on legal topics by eminent jurists and publish journals, organise and provide legal aid to the poor. Recognise foreign qualifications in law obtained outside India for admission as an advocate, manage and invest funds of the Bar Council. Provide for the election of its members who run the Bar Councils. Organise and provide aid to the scheduled cast. The members from the state bar councils are elected for a period of five years, the council elects its own Chairman and Vice-Chairman for a period of two years from amongst its members. Assisted by the committees of the Council, the chairman acts as the chief executive. Manan Kumar Mishra is the present Chairman and he was preceded by Biri Singh Sinsinewar, who was in turn preceded by the current Chairman, Manan Kumar Mishra. Eligible persons having a law degree are admitted as advocates on the rolls of the state bar Councils. The Advocates Act,1961 empowers state bar councils to frame their own rules regarding enrollment of advocates, the Council’s enrollment committee may scrutinise a candidate’s application. Those admitted as advocates by any state bar council are eligible to take the All India Bar Examination which is conducted by the Bar Council of India
11.
Impeachment
–
Impeachment is the process by which a legislative body formally levels charges against a high official of Government. Impeachment does not necessarily mean removal from office, it is only a statement of charges, akin to an indictment in criminal law. Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, in the United States, for example, impeachment at the Federal level is reserved for those who may have committed high crimes and misdemeanors. Several Federal officials, including two Presidents and several judges, have been impeached over the course of US history, US President Richard Nixon resigned before Watergate scandal impeachment proceedings could begin. The federal procedure in the United States involves a vote for impeachment in the House of Representatives on a document known as the Article of Impeachment, each separate grounds will be a separate Article. House members who support the impeachment then appoint managers who will act like prosecutors in the preparation for the Senate hearing, the defendant has the right to legal counsel, the right to cross-examine all witnesses and to testify in his or her defense. The senators must also take an oath or affirmation that they perform their duties honestly. The hearing cannot be conducted without a 50% plus one quorum, after the hearing the deliberations are held in private. Removal requires a majority of the Senate. Impeachment has its origins in English law but fell out of use in the 18th century and it exists under constitutional law in many nations around the world, including Brazil, the Republic of Ireland, Philippines, Russia, South Korea and the United States. The word impeachment derives from Latin root impedicare expressing the idea of becoming caught or entrapped, and has analogues in the modern French verb empêcher, medieval popular etymology also associated it with derivations from the Latin impetere. Impeachment was first used in the British political system, specifically, the process was first used by the English Good Parliament against Baron Latimer in the second half of the 14th century. In private organizations, a motion to impeach can be used to prefer charges, the Austrian Federal President can be impeached by the Federal Assembly before the Constitutional Court. The constitution also provides for the recall of the president by a referendum, neither of these courses has ever been taken. This is likely because while the President is vested with considerable powers on paper, he acts as a ceremonial figurehead in practice. The President of the Federative Republic of Brazil, state governors and municipal mayors may be impeached by the Chamber of Deputies, upon conviction, the officeholder has his political rights revoked for eight years--which has the effect of barring him from running for any office. On December 30,1992, Fernando Collor de Mello, the 32nd President of Brazil, the Senate nonetheless voted to convict Collor and bar him from holding any office for eight years, due to evidence of bribery and misappropriation. On April 17,2016, the Brazilian Chamber of Deputies approved the opening of the impeachment case against the president, Dilma Rousseff, the case was later revised by the Federal Senate which, on May 12, approved the suspension of the President
12.
Parliament of India
–
The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses and it is bicameral with two houses, the Rajya Sabha and the Lok Sabha. The President in his role as head of legislature has powers to summon. The president can exercise these powers only upon the advice of the Prime Minister and those elected or nominated to either house of Parliament are referred to as members of parliament. The Parliament meets at Sansad Bhavan in New Delhi, the Sansad Bhavan is located in New Delhi. It was designed by Edwin Lutyens and Herbert Baker, who were responsible for planning, the construction of buildings took six years and the opening ceremony was performed on 18 January 1927 by the then Governor-General of India, Irwin. The construction costs for the building were ₹8.3 million, the parliament is 560 feet in diameter and covers an area of 6 acres. The Central hall consists of the chambers of Lok sabha, Rajya Sabha, surrounding these three chambers is the four storied circular structure providing accommodations for members and houses Parliamentary committees, offices and the Ministry of Parliamentary Affairs. A new Parliament building may replace the existing complex, the new building is being considered on account of the stability concerns regarding the current complex. A committee to suggest alternatives to the current building has been set up by the Ex, the present building, an 85-year-old structure suffers from inadequacy of space to house members and their staff and is thought to suffer from structural issues. The building also needs to be protected because of its heritage tag, the Indian Parliament consists of two houses called the Lok Sabha and the Rajya Sabha with the President of India acting as their head. The President of India, the Head of state is a component of Parliament, the President of India is elected by the members of Parliament of India and the state legislatures and serves for a term of five years. Lok Sabha or the house has 545 members. It has a term of five years, Rajya Sabha or the upper house is a permanent body not subject to dissolution. One third of the members every second year, and are replaced by newly elected members. Each member is elected for a term of six years and its members are indirectly elected by members of legislative bodies of the states. The Rajya Sabha can have a maximum of 250 members and it currently has a sanctioned strength of 245 members, of which 233 are elected from States and Union Territories and 12 are nominated by the President. The number of members from a state depends on its population, the minimum age for a person to become a member of Rajya Sabha is 30 years
13.
Zakir Husain (politician)
–
Zakir Husain pronunciation was the 3rd President of India, from 13 May 1967 until his death on 3 May 1969. An educator and intellectual, Husain was the countrys first Muslim president and he was also the shortest serving President of India. He previously served as Governor of Bihar from 1957 to 1962, Zakir Husain was also the co-founder of Jamia Milia Islamia, serving as its Vice Chancellor from 1928. Under Husain, Jamia became closely associated with the Indian freedom movement and he was awarded the Bharat Ratna, Indias highest civilian honour, in 1963. Husain was born in Hyderabad, Telangana, into a Pashtun family of the Afridi tribe, which came to be closely associated with Kaimganj, Uttar Pradesh. After Husain was born, his family migrated from Hyderabad to Kaimganj and he was the second of seven sons, the elder brother of fellow educationists Yousuf Husain and Mahmud Hussain. He was also the uncle of academic Masud Husain and Anwar Husain eminent anchorperson and his grandson Salman Khurshid, a Congress politician, is the former Foreign Minister of India. Husains father, Fida Husain Khan, died when he was ten years old and he received his doctorate in economics from the University of Berlin in 1926. In 1915, at the age of 18, he married Shah Jahan Begum and had two daughters, Sayeeda Khan and Safia Rahman and he subsequently went to Germany to obtain a PhD from the Frederick William University of Berlin in Economics. While in Germany, Husain was instrumental in bringing out the anthology of arguably the greatest Urdu poet Mirza Assadullah Khan Ghalib and he returned to India to head the Jamia Millia Islamia which was facing closure in 1927. During this period Husain emerged as one of the most prominent educational thinkers and practitioners of modern India and his personal sacrifice and untiring efforts to keep the Jamia afloat in very adverse circumstances won him appreciation of even his arch political rivals like Mohammed Ali Jinnah. Dr. Husain, again, provided leadership during a phase of the history of the University at Aligarh from 1948–1956. Soon after completing his term as Vice Chancellor he was nominated as a member of the Upper House of Indian Parliament in 1956, a position he vacated in 1957 to become Governor of the State of Bihar. After serving as the Governor of Bihar from 1957 to 1962, in his inaugural speech, he said that the whole of India was his home and all its people were his family. During his last days, the issue of nationalization of banks was being hotly debated, the bill, in the end, received presidential consent from Mohammad Hidayatullah, on 9 August 1969. During his presidential tenure, Zakir Husain led four state visits to Hungary, Yugoslavia, USSR, Husain died on 3 May 1969, the first Indian President to die in office. He is buried along with his wife on the campus of Jamia Millia Islamia in New Delhi, with the main objective of providing facility for higher education in Ilayangudi, a college was started in his honour in 1970. The Engineering College of Aligarh Muslim University is named after him, minority minister, V-C read Fatiha at Dr Zakir Husain’s grave – TCN News Dr. Zakir Husain Biography
14.
V. V. Giri
–
Varahagiri Venkata Giri pronunciation, commonly known as V. V. Giri, was the fourth President of the Republic of India from 24 August 1969 to 24 August 1974. As President, Giri subordinated the office of the President to the Prime Minister, Giri was succeeded by Fakhruddin Ali Ahmed as President in 1974. After the end of his term, Giri was honoured with the Bharat Ratna, Giri was born in Berhampur in the Ganjam district of Odisha, into a Telugu Brahmin family. His father, V. V. Jogayya Pantulu, was a successful lawyer, Giri was married to Saraswati Bai and the couple had 14 children. Giri completed his education at the Khallikote College in Berhampur. In 1913 he went to Ireland to study law which he did at University College Dublin, Giri was one among the first crop of thirteen Indian students who sat the obligatory year long course at UCD in 1914-15. This was a requirement for being called to the Irish Bar through study at the Kings Inns, in total,50 Indian students studied at UCD between 1914 and 1917. Giri and a law student also enrolled to study on the full bachelor of arts course in UCD. Giri studied English, where he was lectured by Thomas MacDonagh and his lecturer in political economy was the reformer and co-operativist Thomas A. Finlay SJ. During the First World War, Giri travelled from Dublin to London, Gandhi wanted for Giri to join the Imperial war effort as a Red Cross Volunteer. Giri initially acceded to Gandhis request but later regretted his decision. According to one of Giris biographers, Gandhiji with his characteristic magnanimity relieved Giri of the obligation to join the Red Cross, along with fellow Indian students he produced a pamphlet documenting the abuse of Indians in South Africa. The pamphlet was intercepted by Indian Political Intelligence and resulted in increased police scrutiny of Giri, meanwhile, anonymous articles were written by Indian students for the newspaper of the Irish Volunteers and in The National Student, a UCD student magazine. He was suspected of association with prominent ring leaders in the 1916 Rising including James Connolly, PH Pearse, Giri was called to the Irish Bar on 21 June 1916 but he did not complete his studies for BA in UCD. Indian students were subjected to police following the 1916 Rising. Upon returning to India in 1916 Giri enrolled at the Madras High Court and he also became a member of the Congress party, attended its Lucknow session and joined the Home Rule Movement of Annie Beasant. Giri abandoned a legal career in response to Mahatma Gandhis call for a Non-Cooperation Movement in 1920. In 1922, he was arrested for the first time for demonstrating against the sale of liquor shops, Giri was closely associated with the labour and trade union movement in India throughout his career
15.
Mohammad Hidayatullah
–
He had also served as the Acting President of India from 20 July 1969 to 24 August 1969 and from 6 October 1982 to 31 October 1982. He is regarded as an eminent jurist, scholar, educationist, author, Hidayatullah was born in 1905 in the well-known family of Khan Bahadur Hafiz Mohammed Wilayatullah, an upper-class family. His grand father Munshi Kudartullah was advocate in Varanasi and his father was a poet of all-India repute who wrote poems in Urdu and probably it must have been from him that Justice Hidayatullah got his love for language and literature. Wilayatullah was Gold medallist of Aligarh Muslim University in 1897 besting famous mathematician Sir Ziauddin Ahmad and he served till 1928 in ICS and from 1929–33 as member of Central Legislative Assembly. Hidaytullahs elder brothers Mohammed Ikramullah and Ahmedullah were scholars as well as sportsmen and he on the other hand excelled in Urdu poetry. After completing primary education at the Government High School of Raipur in 1922, Hidayatullah attended Morris College in Nagpur, when he graduated in 1926, he was awarded the Malak Gold Medal. Following the trend of Indians studying British law abroad, Hidayatullah attended Trinity College at the University of Cambridge from 1927 to 1930, here he secured the 2nd order of merit and was awarded a Gold Medal for his performance in 1930. He was called to the Bar from Lincolns Inn when he was just 25 years old and he was awarded LL. D. from University of the Philippines and D. Litt. from University of Bhopal and University of Kakatiya. While at Cambridge, Hidayatullah was elected and served as the President of the Indian Majlis in 1929, also while here, he pursued English and Law Tripos from the renowned Lincolns Inn. In addition he secured a place of Barrister-at-Law in 1930, after graduation, Hidayatullah returned to India and enrolled as an advocate of the High Court of Central Provinces and Berar at Nagpur on 19 July 1930. He also taught Jurisprudence and Mahomedan Law in the University College of Law at Nagpur and was also the Extension Lecturer in English literature, on 12 December 1942, he was appointed GovernmentPleader in the High Court at Nagpur. On 2 August 1943, he became the Advocate General of Central Provinces and Berar, in November 1956, he was then appointed as the Chief Justice of Madhya Pradesh High Court. On 1 December 1958, he was elevated as a justice to the Supreme Court of India, in his time he was the youngest judge of the Supreme Court of India. After serving as a judge for nearly 10 years, he was appointed as the Chief Justice of India on 28 February 1968 – becoming the first Muslim Chief Justice of India and he retired from this position on 16 December 1970. During his term as the Chief Justice of India, the then-President of India, Dr Zakir Hussain died suddenly, in harness, then Vice President of India Mr. V. V. Giri became the acting President, later, V V Giri resigned from both the posts, viz, acting President and Vice-President, as he became a candidate in the Presidential Election 1969. The visit of President of the United States Mr. Richard Nixon to India made his Presidential term historic, after his retirement, Justice Hidayatullah was elected as the Vice-President of India by a consensus among different parties and occupied that high office with distinction from 1979 to August 1984. During his tenure as the Vice-President, he won the respect of all concerned for his impartiality and independence
16.
Hindustan Times
–
Hindustan Times is an Indian English-language daily newspaper founded in 1924 with roots in the Indian independence movement of the period. The newspaper is owned by Rajya Sabha M. P. Shobhana Bhartia and it is the flagship publication of HT Media. Hindustan Times is one of the largest newspapers in India, by circulation, according to the Audit Bureau of Circulations, it has a circulation of 1.16 million copies as of November 2015. The Indian Readership Survey 2014 revealed that HT is the second most widely read English newspaper in India after The Times of India. It is popular in North India, with editions from New Delhi, Mumbai, Kolkata, Lucknow, Patna, Ranchi, Bhopal. The print location of Jaipur was discontinued from June 2006 and that of Nagpur edition was discontinued from September 1997, HT launched a youth daily, HT Next, in 2004. The Mumbai edition was launched on 14 July 2005 and the Kolkata edition was launched in early 2000. In 2014 however, Hindustan Times was ranked 360th among Indias most trusted brands according to the Brand Trust Report 2014, a study conducted by Trust Research Advisory, other sister publications of Hindustan Times are Mint, Hindustan, Nandan and Kadambani. Hindustan Times is owned by the KK Birla branch of the Birla family, Hindustan Times was founded in 1924 by Sunder Singh Lyallpuri, founder-father of the Akali movement and the Shiromani Akali Dal in Punjab Province. S Mangal Singh Gill and S. Chanchal Singh were made in charge of the newspaper, Madan Mohan Malaviya and Tara Singh were among the members of the Managing Committee. The Managing Chairman and Chief Patron was Master Sunder Singh Lyallpuri, K. M. Panikkar was its first editor, Devdas Gandhi on the editors panel, and later editor. The opening ceremony was performed by Mahatma Gandhi on 26 September 1924, the first issue was published from Naya Bazar, Delhi. As an Oxonian, historian, and litterateur, Panikkar must have hoped to make his paper eventually more than an Akali sheet and he became the editor and funds flowed freely from activist Akali patrons. He exerted himself strenuously, but the paper made very little headway, in two years Panikkar could not take the print order any higher than 3,000. By then the Akali movement appeared to lose steam and funds dried up, the paper was saved from an untimely demise when Pandit Madan Mohan Malaviya stepped in to realise his vision of a newspaper in Delhi. Malaviya raised ₹50,000 rupees to acquire the Hindustan Times along with the help of nationalist leaders Lajpat Rai and M. R. Jayakar and industrialist G. D. Birla, Birla took full control of the paper in 1933. The paper continues to be owned by the Birla family and it has its roots in the Indian independence movement of the first half of the twentieth century and even faced the noted Hindustan Times Contempt Case at Allahabad High Court. It was edited at times by many important people in India, including Devdas Gandhi, Sri Mulgaonkar, B. G. Verghese, sanjoy Narayan was editor in chief of the paper from August 2008 till July 2016
17.
District Courts of India
–
They administer justice in India at a district level. Salary of civil Judge at Entry Level Civil Judge/Addl. Munsiff gets Rs. 135000/-per Month at Entry Level and it includes- Electricity Bill Phone Bill Car Fuel either Petrol/Diesel Car Maintenance Free Food for him and family Education Expenses of their children are paid by government itself automatically. Water tax Insurance Premium of their vehicle is paid by government, Civil Judge 【F/R】/ Munsiff Magistrate First stage get Rs. 148000/-. After completing 2 years of services. Civil Judge get Rs.174000 /-per Month, addl. Chief Judicial Magistrate gets Rs. 182000/- per month. The highest court in each district is that of the District and this is the principal court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure, the district court is presided over by one District Judge appointed by the state Government. In addition to the judge there may be number of Additional District Judges. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge, however, the district judge has supervisory control over Additional and Assistant District Judges, including decisions on allocation of work among them. The District and Sessions judge is referred to as district judge when he presides over civil matters. Being the highest judge at district level, the District Judge also enjoys the power to manage the funds allocated for the development of judiciary in the district. The district judge is also called Metropolitan session judge when he is presiding over a court in a city which is designated Metropolitan area by the state Government. Other courts subordinated to district court in the Metropolitan area are referred to with metropolitan prefixed to the usual designation. An area is designated an area by the concerned state Government if population of the area exceeds one million or more than that. The judges of courts are appointed by the Governor in consultation with the chief justice of the High Court of the concerned State. This is referred to as direct recruitment, the next level of ascendancy for a district judge who served sufficient number of years is the post of High court judge. High court Judges are usually appointed from a pool of advocates practicing at the Bar of the High court, a district judge or Additional judge may be removed from his office by the state Government in consultation with the High court. The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District, the territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is derived from the criminal procedure code
18.
Gram Nyayalayas Act, 2008
–
Gram Nyayalayas Act,2008 is an Act of Parliament of India enacted for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India. The Act came into force from 2 October 2009, however, the Act has not been enforced properly, with only 152 functional Gram Nyayalayas in the country against a target of 5000 such courts. The major reasons behind the non-enforcement includes financial constraints, reluctance of lawyers, police, Gram Nyayalaya are established generally at headquarter of every Panchayat at intermediate level or a group of contiguous panchayat in a district where there is no panchayat at intermediate level. The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the power, enjoy same salary. Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court, a Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court. The Court can function as a court at any place within the jurisdiction of such Gram Nyayalaya. The Gram Nyayalayas have both civil and criminal jurisdiction over the offences and nature of suits specified in the First, Second, the pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts. The fees charged in civil suits shall not exceed Rs.100 irrespective of the value of property in dispute, both the Central and the State Government can add or remove items in the Schedule. Such notification has to be laid in the State Legislature, offences are to be tried in a summary manner in accordance with Chapter XXI of Code of Criminal Procedure. The Act allows plea bargaining in accordance with Chapter XXIA of Code of Criminal Procedure, Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice. Civil suits are proceeded on a basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit. In execution of a decree, the Court can allow special procedures following rules of natural justice, Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance. Gram Nyayalayas has been given power to accept certain evidences which would not be acceptable under Indian Evidence Act. Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction, lok AdalatLegal Services Authorities Act 1987 Text of the Act
19.
National Judicial Appointments Commission
–
National Judicial Appointments Commission was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India. The NJAC would have replaced the system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the legislatures in India. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015, the eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination. Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court, ensuring that the persons recommended are of ability, merit and other criteria mentioned in the regulations related to the act. The National Judicial Appointments Commission Bill,2014, had laid down the procedures for the selection of the Judges of the higher judiciary. The Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India and this is provided he/she is considered fit to hold the office. However, this must be according to the knowledge one possess rather than the age. The Commission shall recommend names of persons on the basis of their ability, merit, the Commission shall not recommend a person for appointment if any two of its members do not agree to such recommendation. The Commission shall recommend a Judge of a High Court to be the Chief Justice of a High Court on the basis of seniority across High Court judges, the ability, merit and other criteria of suitability as specified in the regulations would also be considered. In both cases, the Chief Justice of the High Court shall consult two senior most judges of that High Court and any other judges and advocates as specified in the regulations, the Commission shall elicit the views of the Governor and Chief Minister of the state before making recommendations. The Commission shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation. The validity of the amendment act and the NJAC Act were challenged by certain lawyers, lawyer associations. After the fresh challenge in 2015 after the acts were notified, three Judges Cases Basic structure doctrine Kesavananda Bharati v
