Law & Order

Delhi High Court: State Has Failed In Protecting Basic Right To Life Under Art. 21

The Delhi High court, while hearing  a bunch of cases on oxygen shortage in the capital’s fight against Covid-19, remarked that “State has failed in its fundamental obligation in protecting…

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NAXALITES: Internal Security Threat

Last week  at least 22 Indian security personnel were killed and 32 wounded in a major Maoist attack in the central state of Chhattisgarh                       LEARNING FROM HOME/ WITHOUT CLASSES/…

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Permanent Commission for women officers : Supreme Court Ruling

The Supreme Court declared that the evaluation criteria adopted by the Indian Army to consider the grant of permanent commission(PC for women officers to be “arbitrary and irrational“. The Court…

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HUL develops policy to help employees facing domestic abuse: Domestic Violence Act Explained

The Hindustan Unilever (HUL) framed a policy  that aims to protect and provide relief to staff members who are survivors of abuse, or acts of emotional and physical abuse beyond…

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Open Category open to all: Supreme Court Blocked Attempts to Dilute Merit In Open Category

The Supreme Court has, in a recent significant judgement, Saurav Yadav versus State of Uttar Pradesh observed that the candidates belonging to reserved category, are eligible to fill general/open category…

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Supreme Court : Aged parents can’t resort to Senior Citizens Act to evict Daughter in Law

The right of a wife to a shared household under the Domestic Violence Act will prevail against a decree obtained by her aged in-laws under the Senior Citizens Act, ruled…

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Supreme Court says Article 32 important, integral to Constitution: Basics Explained

The Supreme Court in a reportable judgment, Skill Loto Solutions Pvt Ltd vs Union of India, on December 3 has observed that Article 32 of the Constitution of India is an important…

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The Punjab assembly adopting a resolution that rejected the new central farm laws and passing four bills to counter the controversial farm legislation enacted by Parliament. LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS The Centre and the State are an essential feature of Federalism. Constitution of India provides for a division of powers between the Union (Centre) and states. It divides all the subjects into 3 lists – Union List, State List, and Concurrent List. The Seventh Schedule to the Constitution of India defines and specifies allocation of powers and functions between Union & States The Union List describe the subjects under the control Centre Government; Art 246(1) The State List describes the subjects under the jurisdiction of states. Art 246(3) The Concurrent List describes the subjects which are under the joint jurisdiction of the Centre of States. Art 246(2) The subjects which do not fall in these lists i.e. residuary subjects have been given to the Centre. Art 248 1. The Union List Subjects (97 Subjects): The Union List is the longest of the three lists. It lists 99 subjects on which the Union Parliament can pass laws. The main subjects of the Union List are: Defense, Foreign Affairs, Currency and Coinage, War and Peace, Atomic Energy, National Resources, Railways, Post and Telegraph, Citizenship, Navigation and Shipping, Foreign Trade, Inter-State Trade and Commerce, Banking, Insurance, National Highways, Census, Election, Institutions of higher education and others. 2. State List (66 Subjects): State List enumerates the subjects on which each State Legislature can legislate and such laws operate within the territory of each state. The main subjects of the State List are: public order, police, state court fees, prisons, local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India, intoxicating liquors, relief of disabled and unemployable, libraries, communications, agriculture, animal husbandry, water supply, irrigation and canals, fisheries, road passenger tax and goods tax, capitation tax and others. 3. Concurrent List (46 Subjects): The Union Parliament, as well as the State Legislatures, have the power to legislate over the subjects listed in List III (Concurrent List). The main subjects listed in this list are : criminal law, criminal procedure, preventive detention for reasons concerned with the security of state, marriage and divorce, transfer of property other than agricultural land, contract, actionable wrongs, bankruptcy and insolvency, trust and trustees, administration of justice, evidence and oaths, civil procedure, contempt of court, lunacy, prevention of cruelty to animals, forests, protection of wild animals and birds, population control and family planning, trade unions, education, labour welfare, inland shipping and navigation, food stuffs, price control, stamp duties, and others. Residuary Powers: The Constitution vests the residuary powers of legislation with the Union. Article 248 states: “The Union Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List.” “Such power shall include the power of making any law and imposing a tax not mentioned in either of these lists.” Thus, the Constitution of India creates a clear-cut division of legislative powers between the Union and the States Art 254 talks about the inconsistency between laws made by Parliament and laws made by the legislatures of States with respect to one of the matters mentioned in the concurrent list then the laws made by the state legislature shall prevail if it has been reserved for the consideration of the President and has received his assent, but the Parliament can amend or repeal with respect to the same subject matter so made by the Legislature of the State.

The Punjab assembly adopting a resolution that rejected the new central farm laws and passing four bills to counter the controversial farm legislation enacted by Parliament. LEARNING FROM HOME/    WITHOUT CLASSES/…

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Supreme Court : States can have sub-groups among SCs/STs

A five-judge Bench of the Supreme Court held that States can sub-classify Scheduled Castes and Scheduled Tribes,  for granting them reservation, in the Central List to provide preferential treatment to the weakest out of…

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National Council for Transgender Persons

The Ministry of Social Justice and Empowerment has constituted the National Council for Transgender Persons, a requirement under the Transgender Persons (Protection of Rights) Act, 2019. Representatives from five states…

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