The document discusses the concept of "office of profit" under Indian law. Key points:
- The principle seeks to ensure independence of elected representatives and prevent conflict of interest by barring them from offices that offer financial benefits from the executive.
- The Indian constitution prohibits the President, Vice President, governors and legislators from holding offices of profit. It is up to courts to define what constitutes an office of profit on a case-by-case basis.
- Offices are typically deemed offices of profit if they offer the opportunity for financial gain or benefit, and are under control of the government in terms of appointment and remuneration.
- Several court cases have further explored the criteria for defining an office
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This summary provides an overview of 3 landmark Supreme Court cases:
1. Kesavananda Bharati v. State of Kerala (1973) established the "basic structure doctrine", holding that the Parliament can amend any part of the Constitution as long as it does not alter the basic structure or framework.
2. Indira Gandhi v. Raj Narain (1975) struck down the 39th Amendment for violating free and fair elections, an essential feature of the basic structure.
3. T.M.A. Pai Foundation v. State of Karnataka (2002) empowered states to fix quotas for minority students while also upholding minority institutions' autonomy in admissions.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Vicarious liability of state and sovereign immunityReshma Suresh
This document discusses the vicarious liability of governments in India for torts committed by government employees. It begins by explaining the historical concept of sovereign immunity in England, whereby the government could not be sued for torts of its employees. This changed with the Crown Proceedings Act of 1947. In India as well, various acts allowed governments to be sued by naming them as bodies. The document then examines Indian case law both before and after the constitution, distinguishing between torts committed in sovereign functions like policing versus non-sovereign functions. It concludes by noting the Supreme Court has suggested guidelines but parliament has yet to codify them fully.
Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. UPSC Exam preparation
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This summary provides an overview of 3 landmark Supreme Court cases:
1. Kesavananda Bharati v. State of Kerala (1973) established the "basic structure doctrine", holding that the Parliament can amend any part of the Constitution as long as it does not alter the basic structure or framework.
2. Indira Gandhi v. Raj Narain (1975) struck down the 39th Amendment for violating free and fair elections, an essential feature of the basic structure.
3. T.M.A. Pai Foundation v. State of Karnataka (2002) empowered states to fix quotas for minority students while also upholding minority institutions' autonomy in admissions.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Vicarious liability of state and sovereign immunityReshma Suresh
This document discusses the vicarious liability of governments in India for torts committed by government employees. It begins by explaining the historical concept of sovereign immunity in England, whereby the government could not be sued for torts of its employees. This changed with the Crown Proceedings Act of 1947. In India as well, various acts allowed governments to be sued by naming them as bodies. The document then examines Indian case law both before and after the constitution, distinguishing between torts committed in sovereign functions like policing versus non-sovereign functions. It concludes by noting the Supreme Court has suggested guidelines but parliament has yet to codify them fully.
Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. UPSC Exam preparation
Internal aids of interpretation and construction of statutesgagan deep
This document discusses various internal aids to interpretation and construction of statutes under Indian law. It explains tools like the preamble, title, headings, marginal notes, context, definitions, exceptions, provisos, rules and schedules that are used to understand the meaning and intent of legislation. Examples are provided from various Indian statutes like the Indian Penal Code, Constitution of India, and labor laws. Court rulings are also mentioned to illustrate how these internal aids have been applied in legal interpretations.
The citizens of India are guaranteed certain basic fundamental rights by the state, which cannot be taken away from them except in cases of procedure established by law.
Such a guarantee is instrumental in reducing the arbitrariness of government legislation.
In the absence of fundamental rights, the citizens may not be entitled to any basic human rights.
Thus to prevent this, the constitution-makers incorporated Part III of the Indian Constitution enumerating a list of rights that is to assured by the state.
This document provides an overview and summary of key principles for interpreting statutes. It begins with an introduction to statutory interpretation and discusses literal and logical interpretation approaches. It then covers various internal aids to interpretation like context, title, preamble, headings, and definitions. Exceptions to literal interpretation like ambiguity and absurdity are also noted. The document aims to enable law students' understanding of interpreting statutes.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
This document discusses various aids that judges use when interpreting statutes, including both intrinsic (internal) aids found within the statute as well as extrinsic (external) aids outside the statute.
Some key intrinsic aids discussed are other provisions and context within the act, the title, preamble, headings, marginal notes, provisos, definitions, exceptions, schedules, and illustrations. External aids include parliamentary history, historical facts, subsequent developments, reference to other statutes, contemporary opinion, policy behind the act, precedent, and dictionaries.
The document provides examples of different intrinsic aids like definitions, exceptions, and illustrations used in the Indian Penal Code to help interpret provisions. It emphasizes that the intention of the legislature and circumstances around an
This document discusses the various internal aids to interpretation that can be used when interpreting statutes. It outlines 14 main internal aids: the preamble, title, headings, marginal notes, context, punctuation and brackets, illustrations, definition and interpretation clauses, provisos, exceptions and saving clauses, rules, fictions, explanations, and schedules. For each aid, it provides examples from acts like the IPC and constitutional cases where courts have referred to these aids to resolve ambiguities in statutes.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
This document discusses the legal doctrine of ejusdem generis. It begins by defining ejusdem generis as a Latin term meaning "of the same kind or nature". It then explains that the doctrine is a rule of statutory interpretation where a general term following a list of specific terms will be interpreted to include only items of the same kind, class, or nature as the preceeding specific terms. The document provides examples to illustrate this and also discusses cases where courts have applied or not applied the doctrine of ejusdem generis. It emphasizes that the doctrine should not be used by courts to change the meaning of legislation and defeat the intent of the law.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document discusses sections of the Advocates Act related to the admission and enrollment of advocates. It notes there are two classes of advocates: senior advocates and other advocates. It outlines the requirements to become an advocate including being a citizen of India over 21, having a law degree from a Bar Council of India recognized university, and paying enrollment fees to the State Bar Council and Bar Council of India. It also mentions a State Bar Council can remove an advocate's name from the state roll if they are deceased or request removal.
charge under Criminal procedure code, 1908Amudha Mony
The document discusses the contents of a charge and the alteration of a charge in a criminal case. It defines a charge as a formal accusation by a court based on evidence against the accused. A charge informs the accused of what they are accused of to allow them to defend themselves. The document notes that a charge can contain multiple heads or accusations. It also states that the purpose of framing a charge is to give the accused clear and unambiguous notice of the accusations they must address at trial. The document outlines when charges are framed in sessions cases and warrant cases. It also discusses that a court can alter or add to a charge before judgment, and must explain any changes to the accused. The court may continue the trial or order a new
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
This document provides an overview of the grounds for disqualification of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in India, with a special focus on the office of profit and anti-defection law. It discusses constitutional and statutory disqualifications under articles 102(1), 191(1), 243-F(1), 243-V(1) and various acts. Key points covered include the definition of office of profit, rationale behind the provision, relevant case laws, provisions under the anti-defection law including definition of defection, grounds for disqualification, splits and mergers exception. The document concludes by noting both positive and negative implications of the current anti-defection law in India.
disqualifications of the legislators Students.pptxSamikshaNayak5
This document discusses the qualifications and disqualifications of members of parliament and legislative assemblies in India according to the constitution and other laws. It outlines various grounds for disqualification, including holding an office of profit, unsoundness of mind, being an undischarged insolvent, lack of citizenship, conviction of certain crimes, and defection by switching parties or voting against one's own party. It also discusses related court cases and establishes that speakers act as tribunals in deciding disqualification cases based on defection, and their decisions can be subject to judicial review.
Internal aids of interpretation and construction of statutesgagan deep
This document discusses various internal aids to interpretation and construction of statutes under Indian law. It explains tools like the preamble, title, headings, marginal notes, context, definitions, exceptions, provisos, rules and schedules that are used to understand the meaning and intent of legislation. Examples are provided from various Indian statutes like the Indian Penal Code, Constitution of India, and labor laws. Court rulings are also mentioned to illustrate how these internal aids have been applied in legal interpretations.
The citizens of India are guaranteed certain basic fundamental rights by the state, which cannot be taken away from them except in cases of procedure established by law.
Such a guarantee is instrumental in reducing the arbitrariness of government legislation.
In the absence of fundamental rights, the citizens may not be entitled to any basic human rights.
Thus to prevent this, the constitution-makers incorporated Part III of the Indian Constitution enumerating a list of rights that is to assured by the state.
This document provides an overview and summary of key principles for interpreting statutes. It begins with an introduction to statutory interpretation and discusses literal and logical interpretation approaches. It then covers various internal aids to interpretation like context, title, preamble, headings, and definitions. Exceptions to literal interpretation like ambiguity and absurdity are also noted. The document aims to enable law students' understanding of interpreting statutes.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
This document discusses various aids that judges use when interpreting statutes, including both intrinsic (internal) aids found within the statute as well as extrinsic (external) aids outside the statute.
Some key intrinsic aids discussed are other provisions and context within the act, the title, preamble, headings, marginal notes, provisos, definitions, exceptions, schedules, and illustrations. External aids include parliamentary history, historical facts, subsequent developments, reference to other statutes, contemporary opinion, policy behind the act, precedent, and dictionaries.
The document provides examples of different intrinsic aids like definitions, exceptions, and illustrations used in the Indian Penal Code to help interpret provisions. It emphasizes that the intention of the legislature and circumstances around an
This document discusses the various internal aids to interpretation that can be used when interpreting statutes. It outlines 14 main internal aids: the preamble, title, headings, marginal notes, context, punctuation and brackets, illustrations, definition and interpretation clauses, provisos, exceptions and saving clauses, rules, fictions, explanations, and schedules. For each aid, it provides examples from acts like the IPC and constitutional cases where courts have referred to these aids to resolve ambiguities in statutes.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
This document discusses the legal doctrine of ejusdem generis. It begins by defining ejusdem generis as a Latin term meaning "of the same kind or nature". It then explains that the doctrine is a rule of statutory interpretation where a general term following a list of specific terms will be interpreted to include only items of the same kind, class, or nature as the preceeding specific terms. The document provides examples to illustrate this and also discusses cases where courts have applied or not applied the doctrine of ejusdem generis. It emphasizes that the doctrine should not be used by courts to change the meaning of legislation and defeat the intent of the law.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document discusses sections of the Advocates Act related to the admission and enrollment of advocates. It notes there are two classes of advocates: senior advocates and other advocates. It outlines the requirements to become an advocate including being a citizen of India over 21, having a law degree from a Bar Council of India recognized university, and paying enrollment fees to the State Bar Council and Bar Council of India. It also mentions a State Bar Council can remove an advocate's name from the state roll if they are deceased or request removal.
charge under Criminal procedure code, 1908Amudha Mony
The document discusses the contents of a charge and the alteration of a charge in a criminal case. It defines a charge as a formal accusation by a court based on evidence against the accused. A charge informs the accused of what they are accused of to allow them to defend themselves. The document notes that a charge can contain multiple heads or accusations. It also states that the purpose of framing a charge is to give the accused clear and unambiguous notice of the accusations they must address at trial. The document outlines when charges are framed in sessions cases and warrant cases. It also discusses that a court can alter or add to a charge before judgment, and must explain any changes to the accused. The court may continue the trial or order a new
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
This document provides an overview of the grounds for disqualification of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in India, with a special focus on the office of profit and anti-defection law. It discusses constitutional and statutory disqualifications under articles 102(1), 191(1), 243-F(1), 243-V(1) and various acts. Key points covered include the definition of office of profit, rationale behind the provision, relevant case laws, provisions under the anti-defection law including definition of defection, grounds for disqualification, splits and mergers exception. The document concludes by noting both positive and negative implications of the current anti-defection law in India.
disqualifications of the legislators Students.pptxSamikshaNayak5
This document discusses the qualifications and disqualifications of members of parliament and legislative assemblies in India according to the constitution and other laws. It outlines various grounds for disqualification, including holding an office of profit, unsoundness of mind, being an undischarged insolvent, lack of citizenship, conviction of certain crimes, and defection by switching parties or voting against one's own party. It also discusses related court cases and establishes that speakers act as tribunals in deciding disqualification cases based on defection, and their decisions can be subject to judicial review.
This presentation includes Indian Parliamentary System, Council of States(Rajya sabha), House of People (Lok Sabha), Office of Profit, Indian Legislative Procedure System, Money Bill, Ordinary Bill, Parliamnet Privilage, Comptroller and Auditor General, CAG Reports, Consolidated Fund of India, Public Accounts of India.
A governor is the constitutional head of an Indian state. The governor is appointed by the President of India under Article 155. Governors must be Indian citizens over 35 years old and cannot hold any other office of profit. As the executive head, governors exercise executive powers on a state's behalf and grant pardons. They also have legislative powers like summoning state legislatures. Governors have discretionary powers conferred to serve as the central government's agents in states and maintain national unity and integrity.
The document discusses the concept of sanction for prosecution under Indian law. It provides definitions for key terms like public servant and discusses the legal provisions around sanction requirements. Some main points:
- Sanction is required before prosecuting a public servant to prevent vexatious/frivolous cases and protect the innocent.
- The Prevention of Corruption Act and Code of Criminal Procedure contain sanction provisions for prosecuting public servants.
- A public servant is broadly defined and can include government employees, elected officials, and others. Ministers and the Chief Minister are considered public servants.
- Sanction is typically granted by the authority that appointed the public servant, but the Governor has power to grant sanction for prosecuting
The Rajya Sabha or Council of States is the upper house of the Indian Parliament. It was created as a federal chamber to represent the states. Some key points:
1. The Rajya Sabha has 245 members, 233 representing the states and 12 nominated by the President. Members serve 6-year terms with one-third retiring every 2 years.
2. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. It has special powers to legislate on state matters and create all-India services.
3. The Rajya Sabha cannot pass a no-confidence motion or make/unmake the government like the Lok Sabha. However, it plays an important role in
This document proposes amending the Indian Constitution to change the process for appointing the Chief Election Commissioner and other Election Commissioners. It suggests establishing a Committee of Appointments, with representatives from the government, opposition parties, and judiciary, to recommend candidates for these roles. The goal is to make the Election Commission of India more independent and impartial in conducting free and fair elections.
Current legal-scenario-for-election-in-co-operative-societies-as-per-97th-con...Dr Vijay Pithadia Director
The document summarizes the current legal situation for elections in cooperative societies in Maharashtra according to the 97th Constitutional Amendment Act. It discusses how elections are currently banned until a State Cooperative Election Commissioner is appointed. It also outlines the process for setting up the State Cooperative Election Authority, its powers and responsibilities, the election process, funding, and the roles and responsibilities of cooperative societies. Transitional provisions extend the deadline for elections that were due in early 2013 to December 2014.
UPSC aspirants who are a part of Vajirao IAS Academy or even aspirants who are not can follow our "Indian Governance Class Notes" to get a thorough guidance for UPSC CSE examinations. We specifically assign the task of writing the class notes to people who are experts in writing without any error. These notes are updated on our website on a regular basis and can be downloaded without paying any fees. Here’s the link to follow for Vajirao IAS Academy class notes.
https://www.vajiraoiasacademy.com/class-notes/
The document discusses the roles and powers of the President of India according to the Constitution. It covers the President's role as head of state and government, election process, qualifications, powers related to legislation, finance, judiciary, emergencies, and foreign affairs. The Vice-President has similar qualifications to the President but plays a secondary role as the ex-officio chair of the Rajya Sabha.
Preliminary Exam, Main Exam, Interview
Higher Posts: Main Exam, Interview
Training: Foundation Course at LBSNAA, Mussoorie
Probation: 2 years
Bureaucracy
Preliminary Exam, Main Exam, Interview
Higher Posts: Main Exam, Interview
Training:
Foundation Course at LBSNAA, Mussoorie
Probation:
2 years probation period
Bureaucracy
Document contain a reliable knowledge for law and students may gain a very useful knowledge from our parliament . If the notes is read with proper attention then they will be able to tell about our parliament to others.
SOME LEGAL BINDINGS, EXCEPTIONS & IMMUNITIES OF THE PUBLIC SERVANTS ON DUTY -...sobujmon
The document discusses rules and provisions related to public servants in India. It defines who constitutes a public servant according to the Indian Penal Code and Prevention of Corruption Act. It outlines constitutional provisions regarding recruitment and conditions of service for public servants. It discusses various service rules for West Bengal covering recruitment, probation, confirmation, leave, conduct, discipline and penalties. Offences applicable to public servants from the Indian Penal Code are also summarized.
Bjmc i, igp, unit-ii, Working of parliamentary systemRai University
The document discusses the parliamentary system in India. It describes how the Indian Parliament is bicameral, consisting of the Lok Sabha (House of the People) and Rajya Sabha (Council of States). The Lok Sabha has 543 directly elected members who each represent approximately 2 million people. Elections are held every 5 years by secret ballot. The document then outlines the qualifications, disqualifications, and officers of Parliament, focusing on the important role of the Speaker as an impartial presiding officer elected from within the Lok Sabha.
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2. Origin
The English ACT OF SETTLEMENT 1701 -early
example of this principle.
The Act of Settlement provided that-
no person who has an office or place of profit under
the King, or receives a pension from the Crown,
shall be capable of serving as a member of the
House of Commons;
3. Principle in US
The U.S. Constitution prohibits a Member of
Congress from being appointed to an executive office
if the executive office was created during that Member's term
in Congress, or
if the compensation for that executive office was increased
during that Member's term in Congress.
The U.S. Constitution also prohibits an executive
officer from being a Member of Congress.
4. Principle
The object of the provision is to secure
independence of the elected representatives and
to ensure that Parliament/Legislature does not
contain persons
who get favours or benefits from the executive and
who consequently might be amenable to its
influence.
Principle is to eliminate or reduce the risk of conflict
between duty and self-interest.
Insulate from executive patronage
5. Office of Profit?
The expression "office of profit" has not been defined in the
Constitution or in the Representation of the People Act, 1951.
It is for the courts to explain the significance and meaning of this
concept. Over the years, courts have decided this issue in the
context of specific factual situations.
Office that would give its occupant the opportunity to
gain a financial advantage or
benefit.
The actual amount of profit gained during the violation has no
bearing on its classification.
Parliament (Prevention of Disqualification) Act, 1950, 1951, and 1953
exempted certain posts from being recorded as offices of profit- -
replaced by the Parliament (Prevention of Disqualification) Act,
1959.
7. Article 18
Article 18(3) No person who is not a citizen of India
shall, while he holds any office of profit or trust under the
State, accept without the consent of the President
any title from any foreign State.
18 (4) No person holding any office of profit or trust under
the State shall, without the consent of the President,
accept any present, emolument, or office of any kind
from or under any foreign State.
8. Qualifications for election as
President and conditions of Office
58 (2) A person shall not be eligible for election as President if he
holds any office of profit under the
Government of India or
the Government of any State or
under any local or
other authority subject to the control of any of the said Governments.
59 (2) ( conditions )-The President shall not hold any other office of
profit.
64 The Vice-President shall be ex officio Chairman of the Council of
the States and shall not hold any other office of profit
Explanation( Article 58).—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is
the President or
Vice-President of the Union or
the Governor of any State or
is a Minister either for the Union or for any State.
9. Qualifications for election as Vice
President and conditions of Office
Article 64 -The Vice-President shall be ex officio Chairman of
the Council of the States and shall not hold any other office of
profit
66(4) A person shall not be eligible for election as Vice-President
if he holds any office of profit under
the Government of India or
the Government of any State or
under any local or
other authority subject to the control of any of the said
Governments.
Explanation.— For the purposes of this article, a person shall not
be deemed to hold any office of profit by reason only that he is
the President or
Vice-President of the Union or
the Governor of any State or
is a Minister either for the Union or for any State.
10. Disqualifications for membership
of Parliament
102 (1) A person shall be disqualified for being chosen
as, and for being, a member of either House of
Parliament—
(a) if he holds any office of profit under
the Government of India or
the Government of any State,
other than an office declared by Parliament by law not to
disqualify its holder;
• Explanation.—For the purposes of this clause a person
shall not be deemed to hold an office of profit under
the Government of India or
the Government of any State
By reason only that he is a Minister
either for the Union or for such
State.
11. Disqualifications for membership of
State Legislative Assembly or
Legislative Council
191 (1) A person shall be disqualified for being
chosen as, and for being, a member of the
Legislative Assembly or Legislative Council of a
State—
(a) if he holds any office of profit under
the Government of India or the Government of any State
specified in the First Schedule,
other than an office declared by the Legislature of the
State by law not to disqualify its holder;
• Explanation.—For the purposes of this clause, a person
shall not be deemed to hold an office of profit under the
Government of India or the Government of any State
specified in the First Schedule by reason only that he is
a Minister either for the Union or for such State.
12. Difference between President and
MP as regards office of Profit
President Member of Parliament
if he holds any office of profit under
the Government of India or
the Government of any State or
under any local or
other authority subject to the
control of any of the said
Governments.
if he holds any office of profit
under
the Government of India or
the Government of any
State,
other than an office
declared by Parliament by
law not to disqualify its
holder;
13. How disqualification( of MP/MLA)
comes into effect
Disqualifications
mentioned
in clause (1) of article 102
In clause (1) of article 191
Referred
to
President/
Governor
Obtain
opinion of
Election
Commission
Question
raised
Shall act according to such
opinion
14. Conditions of Governor's office
158 (2) The Governor shall not hold any other
office of profit.
NO explanation is given here……..
15. Law in India
Elected representatives, MLAs or MPs, cannot
hold an office of profit under section 9 (A) of the
Representation of People's Act
20. THE DELHI MEMBERS OF
LEGISLATIVE ASSEMBLY
(REMOVAL OF
DISQUALIFICATION BILL, 1997
3. A person shall not be disqualified for
being chosen Disqualifications as, or
for being a member of the Legislative
Assembly of the National Capital Territory
of Delhi merely by reason of the fact that he
holds any of the offices prescribed in the
Schedule appointed to this Act.
Amended in 2015
21. Instances
In 2006, MP, Ms Sonia Gandhi resigned several
posts -that the posts were 'offices of profit' and thus
unlawful.
Ms Jaya Bachchan was disqualified from the Rajya
Sabha -she was also chairperson of UP Film Dev
Federation.
Two UP Assembly members, Bajrang Bahadur Singh
and Uma Shankar Singh, were disqualified in January
2015 due to holding government contracts.
January 19, 2018: Election Commission
recommended disqualification of 20 AAP legislators in
the ‘Office of Profit’ case
22. Jaya Bachchan case
Election Commission of
India -opined that any
post, even if held in an
advisory capacity, was
an office of profit.
23. UP MLA case
In the Lokayukta's probe –
both MLAs were found prima facie guilty of
misusing their position to grab government
contracts worth hundreds of crores of rupees.
Both were heading a sole proprietorship firm that
was awarded numerous work contracts by the
PWD.
25. Test of appointment- What Supreme
Court has said
A Constitution Bench of the Supreme Court in Guru
Gobind Basu vs Sankari Prasad Ghosal & others (AIR
1964 SC 254) ruled that
The Supreme Court has further held that it is not
necessary that all these factors must co-exist.
the authority vested with the power
to terminate the appointment;
the authority that determines the
remuneration;
the source from which the
remuneration is paid;
the authority vested with the power
to control the manner in which the
duties of the office are discharged
and to give protection on that behalf.
appointing authority
26. Ramkrishna Hegde vs the State of
Karnataka (AIR 1993)
He was elected as Member of Karnataka Legislative
Assembly.
He was appointed on the post of Deputy Chairman of
Planning Commission in the rank of Cabinet Minister.
It was specifically mentioned in the order of
appointment that he would not draw any salary, he would
be entitled only to the travelling allowance/daily
allowance, conveyance allowance or chauffer-driven car
and house rent allowance or rent free furnished
accommodation including free supply of electricity and
water.
In that circumstances the Court held whether a
person holds an office of profit should be interpreted
reasonably taking into consideration the class of
person at the relevant time .
In the instant case no evidence was placed to show that
the office of Deputy Chairman of Planning Commission
27. MP/MLA do they hold office
As per Sub-section (viii) of Clause (C) of Section
2 of the new PC Act of 1988
held in the case of P. V. Narsimha Rao ,
the office of Member of Parliament is an office,
Therefore, it can be held that the office of MLA is
an office of profit
BUT certainly it can not be held that it is
an office under Government
because it does not satisfy the other tests as laid down by
the Supreme Court in various cases, such as removal
from office, performance of functions for the Government
and Government control over the performance of functions.
28. Other cases which came in
controversy in the past
Lok Sabha Speaker Somnath Chatterjee (Chairman
of Sriniketan-Santinikatan Development Authority)
Former Union Minister T Subbirami Reddy (Chairman,
Tirumala Tirupati Devasthanams),
Karan Singh (ICCR), nominated Rajya Sabha
member
Kapila Vatsyayan and V K Malhotra (former president
of the All India Council of Sports).
29. Joint Committee on office of profit
10 members from the Lok Sabha and 5 members from
the Rajya Sabha.
The function of the Committee
continuous scrutiny of the composition and character of
various government appointed bodies
membership of which of these ought to disqualify a person
for membership of Parliament.
The Committee generally applies two tests
the emoluments and allowances attached to the members;
the nature and function of the body.
30. Can MP be Dy Chairman of some
Commission
When Pranab Mukherjee became Deputy Chairperson of the
Planning Commission under Prime Minister P.V. Narasimha Rao,
the office was exempted by adding it to the list in the Parliament
(Prevention of Disqualification) Act, 1959.
31. Some relevant cases
In the case of Hoti Lal v. Raj Bahadur (AIR 1959
Rajasthan 227), the Division Bench of the
Rajasthan High Court has held that the office of
the Oath Commissioner in Rajasthan is
an office of profit -
as the Oath Commissioners are appointed by the
Government and the office brings a profit to the
holder thereof, therefore, it must be held to be
an office of profit.
32. How to decide which office is Office
of profit
Does the Government have the power to appoint
to and remove from an office?
If the answer is in the negative, no further enquiry
is called for.
If the answer be positive, further probe has to go
on.
Whether on account of holding of such office, would the
Government be in a position to so influence him or her as to
interfere with independence in functioning as MLA/MP
33. Delhi AP MLAs case- questions
being raised
The Delhi High Court had declared the
appointment of 21 AAP MLAs as Parliamentary
secretaries void ab initio
If the appointments were void ab initio, how can the
EC consider positions that did not exist to begin
with as offices of profit?
The appointment letter clearly stated “The
Parliamentary Secretaries will not be eligible for
any remuneration or any perks of any kind, from
the government.”
34. Good practices and way ahead
In England whenever a new office is created, the
law also lays down whether it would be an office
of profit or not.
Follow the UK practice or
Have an elaborate law on office of profit laying
down broad principles for declaring an office as
office of profit.
Setting up mechanism of annual review of office of
profits under Union and State.