October 6, 2009

United Nations

September 21, 2009

polity 2----powers of parliament /.

Special majority :- special majority means fulfilling the following two conditions
1- The majority of the total members of the house that is more than 50% of the total membership ;and at the same time.
2 - At least two-thirds of the members ,present and voting.
Calculate both figures ,which one is more be the minimum number required for majority.

The parliament has three types of power-
1-legislative powers
2-Executive power
3-Judicial power.

1- Legislative Power :- enactment of laws,amendment of constitution,creation of new states or changing the boundaries of existing states,creation or abolition of legislative councils in states .

a)parliament has power to enact laws wrt the matters included in the union list and concurrent list as given in the seventh schedule of constitution.Wrt to union parliament has exclusive power while its legislative power is shared with states in the matter of concurrent list.
In some matters like two or more states request for same,required for implementation of an international treaty ,council of state declares that a matter of state list is of national importance ,during the period of emergency or legislative assembly of state is suspended or dissolved during the enforcement of president's rule parliament is entitled to enact laws with respect to state list also.

b)Amendment of constitution is vested in parliament.it requires a special majority of house.Parliament has power to amend all the provisions of constitution except these 7 :-
i)the manner of election of president.
ii)extent the power of union and states
iii)the supreme court and high court.
iv)distribution of power between state and union.
v)any of the lists in 7th schedule.
vi)representation of state in council of states .
vii)provision of article 368.

Parliament can amend all the provisions if also receive the consent of legislature of not less the half of states before presenting to president.


c) Other legislative powers of parliament.:-
i)it can make a new state or can change the boundary of state by simple majority.it didnot come under amendment of constitution .
ii)parliament by a law can create or abolish the state council with the concern of legislature of that state by the simple majority.
iii)it can approve or disapprove the proclamation of nation emergency and financial emergency with simple majority.

2-Executive Powers :-
i) no confidence motion

ii)Censure motion:- in censure motion ,it is different from the no-confidence motion in the sense that is should specify the the reasons of grounds for moving such motion.unlike no confidence motion is can moved an individual minister for its wrong actions and policies.leave of the house is required for this.govt decide the date and time of its discussion.

iii)Adjournment Motion :-Since passing of adjournment motion involves the element of censure of the govt ,this device is not used by the rajya sabha.normally,business of the house is conducted as per the predecided agenda.the purpose of this motion is to interrupt the ongoing business of the house and to discuss a matter urgent public importance.
the member who want to move the motion is required to submit a notice to that effect addressed separately to the speaker ,secretary general of lok sabha ,and the concerned minister before 10 am.motion is presented in the house after question hour .if not less the 50 members raise their hands in support of the motion ,the leave is granted and motion is admitted by the house.it is taken 4 consideration after 4 pm for 2 & half hour .first member ask the questions than concerned minister gives the reply.during this speaker can not adjourn the house.

iv)Calling attention notice:-like the adjournment ,in this also a notice has to given before 10 am.
maximum 2 notice can be considered on a day.it is the discretion of the speaker to admit the notice ,if he is satisfied the matter raised in the notice in important. in this there is not need to take leave from house,no need of voting or debate.in this concerned minister gives the answer of the question asked in the notice,how ever members can ask clarificatory questions.

v)Question hour :-the first hour form 11 am to 12 am is fixed for the question hour.the member desire to ask the question has to give a notice before 10 to 21 days.speaker selects the questions to be asked on not.questions are of two type 1- ordinary questions ,2- the short notice questions.
ordinary questions requires 10 days before notice.it is further divided in to 2 categories i)- Starred Questions ,which are marked asterisk and which are answered orally .ii) unstarreed questions :-their answers is give in the written.
the speaker has the power to categories the questions.daily usually 20 questions are asked.one member can not ask more than 5 questions on a day.

vi) Zero hour:-it starts at 12 o'clock.a member without giving a notice can ask a question of public interest .it ends at 1' o clock.

Judicial Power :- it also enjoys some power of judicial nature also.it can remove the following functionaries on the ground of proved misbehavior or incapacity if a resolution is passed with special majority by the each house.
i)the judges of supreme court and high court .
ii)the chief election commissioner of india.
iii)the comptroller and auditor general of india.
iv)the state election commissioner .

the parliament can also remove the president by passing a resolution with 2/3 majority of house in both houses on the basis of violation of constitution.

both the houses have the power to punish a person who is found guilty of breaching the privileges of the house or its members.in such cases parliament conducts its proceedings like a court of law.

Legislative procedure...types of bills introduced in parliament

  • Legislation mainly involves the enactment of laws and the amendment of consitution .
  • Bills introduced in parliament are of three types.
1-Money bill : - which involves the financial matters and is defined in article 110 of constitution.
2 :- Constitution amendment bill.
3 : - Ordinary bill,except above two bills all come in this category.
  • Procedure wrt ordinary bills & constitution amendmant bill
The procedure followed in passing of above two bills is same with following distinction.
1- Ordinary bills are passed with simple majority of parliament where constitution amendment bills are passed with special majority of parliament
2 - While president can with hold his assent on ordinary bill ,but he can not hold his assent on constitution amendment bill.
3-The deadlock between two houses on ordinary bill can be resolved by joint meeting of both houses called by president ,but there in no procedure of joint meeting on constitution amendment bill.
Similarities
  • Both bills can be introduced in any of the house.
  • Both houses have equal power .

Procedure
  • First Reading (Introduction of the bill):- These bills may be introduced in either house.The leave or permission of the concerned house in needed to introduce the bill.generally leave is granted.A seven day's prior notice is required to introduce the bill and it is listed in the business of the house on a particular day.On the appointed day bill is introduced after the question hour.there is no discussion on the bill at this stage.however ,if is published in the Gazette of india with the permission of house ,the leave of the house to introduce a bill is not required .a bill may be introduced by a minister or any private memeber(other than minister) . a private can introduce up to four bills in a session.Minister has no restriction.
  • Second Reading :- second stage further divided into 2 stages.
a)The first stage:-It involves the general discussion only on the principal underlying the bill as a whole.the details of bill is not discussed.At this stage mover of the bill may move one of the following motions.:-
I)that bill may be referred to a select committee of house or a joint committee of house with the concurrence of the other house.
II)That the bill be circulated for the purpose of eliciting public opinion on the bill.
III)That the bill is taken straight awat into consideration by the house.

I)The report by the select committee or the joint committee :-If the motion is accepted to refer to a committee .the member of the committee is appointed by the speaker from amongst the house.the joint committee is drawn frm lok sabha and rajya sabha in 2:1 ratio but the chairman of the committee is selected from the house where bill is introduced.either of the committee considere the bill clause by clause and can move to amendment to the various clauses of bill.the committee ,after consideration submite its report.it is also known as reporting stage of bill.
II) Eliciting Public Opinion :- the bill is circulated to all states and union territories ,which publish in their gazettes and seek the opinion of various associations,local bodies and individuals . The opinion elicited by the state govt is sent to house with in a period of theree months.now bill is not taken straightly into consideration it is referred to the committee than after the report of committee bill is taken into consideration.

B) Second stage.:-At this stage bill is discussed brifely clause by clause .amendement at different stages is considered if acceppted they become the part of bill.

3) The Third Readig:- This is the final stage of the bill in the house where it is introduced.At this stage neither detailed discussion takes place nor amendments are moved.Only consequential amendments are allowed. at this stage discussion is confined to either in support or its rejection in toto.after this voting takes place.
if bill is passed in this house than it is sent to other house.there also same procedure is followed.if bill is passed in other house too than bill is sent to president for his assent.however if other house does not agree than deadlock between two houses continues to more than six months than president called a joint sitting of houses
4) The Joint sitting Of house:- If the date of joint sitting is announced earlier and house dissolved subsequently ,the joint sitting shall be still held on the same date ,this joint sitting is presided by chairman of lok sabha.The rules of proceddings apply on this meeting.at the joint meeting only those amendments are allowed to be moved which are required due to delay in the passage of bill.the decision will be taken on the majotiy vote.since the no. of members in lok sabha is more than rajya sabha it is passed if it is passed in lok sabha.only two bills dowary prohibition bill ,1961, and banking service bill have been passed in joint sitting .
5) Assent of the President :- after passing bill comes to the president ,he has three options ;1- he may grant his assent to the bill and bill becomed an act.2- he may withold his assent and in that bill comes to the end.3-president may return the bill to parliament for reconsideration.if bill again is passed than president can not with hold his assent.although there is no time limit on president to take his decision.if lok sabha is dissolved before bill become an act the bill comes to end.however president can not withhold his assent on consistution amendement bill.

Procedure with respect to the money bill

money bill is defined in the artilce 110.If bill contains exclusively the matter of article 110 than it is money bill.if bill contains some matters of article 110 along with some extra matters than it is finance bill of first class.if bill contains financial matters but none of the matter related to article 110 than it is finance bill of second class.

  • A money bill and finance bill of first class can be introduced in lok sabha only ,where as finance bill of second class can be introduced in either house.
  • The money bill and finance bill of first class can be introduced only on the recommedation of the president.on the other hand finance bill of second class can be introduced without the recommedation of president.however ,after the introduction ,it can not be passed in either house unless the president has recommended the consideration of the bill.
  • The council of state has no power to ammend or reject the money bill.it can only recommend which can be rejected by the house of people.but in the case of both type of financial bill rajya sabha hai equal power.
  • There is no procedure of joint sitting in tha case of money bill.however joint sitting can be invoked in the case to financial bill to remove the deadlock.
  • Rajya sabha has to return the money bill with in 14 days with its recommedations .if rajya sabha failed to return it is assumed to be passed from rajya sabha.
  • The president can not withold his assent on the money bill
Leading asides the above variation the money bill and financial bill follow the same procedure as ordinary bill.

September 19, 2009

indian courts..

  1. The criminal Procedure code ,1973 is used for trial against the criminals but it does not apply on jammu & kashmir and nagaland.
  2. Supreme court consist one chief justice & other 25 judges.
  3. Retired can work as a judge on ad hoc base,appointed by CJI consent with president.
  4. Generally the senior most judge of supreme court is appointed as CJI by president and other judges are appointed with advice of CJI.
  5. The judge of supreme court has been a High Court judge for at least 5 years or has been an advocate of a high court for at least 10 years.
  6. In an impeachment on judge ,a motion addressed to president signed at least 100 members of lok sabha & 50 members of rajya sabha is delivered to chairman or speaker.the motion is investigated by committe of three(2 supreme court judge and 1 distingued jurist).If committe found gulity of misbehaviour or incapicity the motion together with the report of committe is sent to the houses.thn motion should pass 2/3 majority of combined houses presnet in house and voting is addressed to president .The judge will be removed after the president gives his order.
to be continued.......

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September 17, 2009

List of UNESCO World Heritage Sites In India

Assam

Bihar

Delhi

Goa

Gujarat

Karnataka

Madhya Pradesh



Maharashtra

Orissa

Rajasthan

Tamil Nadu

Uttar Pradesh

Uttarakhand

West Bengal

General Facts..

  1. Basara, on the banks of Godavari in Adilabad District, is home to a famous temple for Goddeses Saraswathi and is only to the second temple for the Goddess in India.