Law & Order

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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Daughters have equal property rights rules Supreme Court

The Supreme Court expanded on a Hindu woman’s right to be a joint legal heir and inherit ancestral property on terms equal to male heirs. The ruling extends the scope…

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Supreme Court upholds MP governor’s floor test call

The Supreme Court  held that the governor of a state was well within their rights to call for a floor test during an assembly session. The ruling upheld Madhya Pradesh…

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Publish details of tainted candidates: SC to parties

The Supreme Court ruled and handed down a series of directions aimed at checking the criminalization of politics. Parties that field candidates with criminal records must from now on tell…

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SC upholds constitutional validity of SC/ST Amendment Act, 2018

The Supreme Court  upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018. A three-judge bench, headed by Justice Arun Mishra, upheld the amended…

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SC Upholds Right Of Government To Appoint Teachers In Aided Minority Educational Institutions

The Supreme Court has upheld the constitutionality of West Bengal Madrasah Service Commission Act 2008       observing that the Government has right to  appoint teachers in aided-minority educational   institutions.  …

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INDIA’S FIRST LOKPAL:JUSTICE PINAKI CHANDRA GHOSE

Former Supreme Court judge Justice Pinaki Chandra Ghose was appointed as the country’s first Lokpal, the anti-corruption ombudsman. The Lokpal and Lokayukta Act, which envisages appointment of a Lokpal at the Centre and…

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CHILD FROM MARRIAGE OF MUSLIM MAN AND HINDU WOMAN LEGITIMATE, ENTITLED TO FATHER’S PROPERTY: SC

In a far reaching judgement Supreme Court(SC) ruled that  child born out of a marriage between a Muslim man and a Hindu woman is a legitimate one and is entitled to…

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