How to Conquer GS in UPSC Mains, Explained By Anudeep Durishetty AIR 1 CSE 2017 Writing a good Essay in UPSC Mains, Explained by Anudeep Durishetty Answer Writing Focus Group for Mains 2018 – Details DOWNLOAD: UPSC Prelims 2018 GS Paper I UPDATE : Answer Writing Group ( Offline | New Delhi ) Registrations Are Now Open!
27 JULY | 200+ Issues for Mains 2018 ForumIAS is conducting classes for Current Affairs Mains. Cover upto 200+ Issues important for Mains , with specific focus on holistic coverage and content differentiation. Attend the first session ( Open to All ) at 11AM, on Friday July 27 at ForumIAS Offline Center, New Delhi.
CLICK HERE to read more and register for the First Open Class

jurisdiction of election dispute

1- SC have original jurisdiction in P and VP election dispute while HC have same in parliamentary and state legis election.

2- article 323B empower Parliament and state legis.to establish tribunal for election dispute and can exclusion to SC (EXCEPT leave jurisdiction of SC) and HC.

Confusion- do Parliament and state legis allowed hc and sc to have original jurisdictions in these cases or it is by constitution? If its by constitution thn what is the need of article 323b??

Comments

  • edited February 20
    sk_kumar said:

    1- SC have original jurisdiction in P and VP election dispute while HC have same in parliamentary and state legis election.

    2- article 323B empower Parliament and state legis.to establish tribunal for election dispute and can exclusion to SC (EXCEPT leave jurisdiction of SC) and HC.

    Confusion- do Parliament and state legis allowed hc and sc to have original jurisdictions in these cases or it is by constitution? If its by constitution thn what is the need of article 323b??

    do Parliament and state legis allowed hc and sc to have original jurisdictions in these cases or it is by constitution?
    Constitution.

    If its by constitution thn what is the need of article 323b??
    Indira Gandhi enacted many amendments to rein in the judiciary. It's one among those.
    But SC declared excluding HC, SC jurisdiction is unconstitutional, because judicial review is one of the basic structure of the constitution.

    As per original Constitution there was no restriction on Parliament to amend any part of the constitution. But after arbitrary amendments SC invented 'basic structure' doctrine that put limitations on Parliament amendment power.
    Screenshot_2018-02-20-12-18-05-930_cn.wps.moffice_eng.png
    1080 x 1258 - 252K
    Hunt alone
  • Lone Wolf said:

    sk_kumar said:

    1- SC have original jurisdiction in P and VP election dispute while HC have same in parliamentary and state legis election.

    2- article 323B empower Parliament and state legis.to establish tribunal for election dispute and can exclusion to SC (EXCEPT leave jurisdiction of SC) and HC.

    Confusion- do Parliament and state legis allowed hc and sc to have original jurisdictions in these cases or it is by constitution? If its by constitution thn what is the need of article 323b??

    do Parliament and state legis allowed hc and sc to have original jurisdictions in these cases or it is by constitution?
    Constitution.

    If its by constitution thn what is the need of article 323b??
    Indira Gandhi enacted many amendments to rein in the judiciary. It's one among those.
    But SC declared excluding HC, SC jurisdiction is unconstitutional, because judicial review is one of the basic structure of the constitution.

    As per original Constitution there was no restriction on Parliament to amend any part of the constitution. But after arbitrary amendments SC invented 'basic structure' doctrine that put limitations on Parliament amendment power.
    If suppose there is a dispute in gram panchayat elections then the appeal lies before whom;...state election commission or HC or district court.??


  • If suppose there is a dispute in gram panchayat elections then the appeal lies before whom;...state election commission or HC or district court.??

    Provided by state legislatures.
    Hunt alone
  • Q1- that means after 1997 verdict.... Sc and hc can interfere in water tribunal proceeding??
    My view is -- sc is allowed to interfere but not through original jurisdiction but appellate jurisdiction only...correct me if I m wrong.

    Q2- laxmikant supreme court chapter did not mention that election of P and VP is under original jurisdictions of SC....but vision 2018 test 2 mention it as original jurisdiction. What is real????

    Q3- after 1997 case.....what is the scenario now......who decide P election dispute.....sc or parliament under article 323B
  • Lone Wolf said:



    If suppose there is a dispute in gram panchayat elections then the appeal lies before whom;...state election commission or HC or district court.??

    Provided by state legislatures.
    Provided state legis don't exclude SC or HC from it.....as per 1997 case
  • sk_kumar said:



    Q2- laxmikant supreme court chapter did not mention that election of P and VP is under original jurisdictions of SC....but vision 2018 test 2 mention it as original jurisdiction. What is real????

    It's comes under SC's original and exclusive jurisdiction.
    Its there in SC chapter. (attached image)
    Screenshot_2018-02-20-17-30-58-656_cn.wps.moffice_eng.png
    1080 x 443 - 123K
    Hunt alone
  • edited February 20
    sk_kumar said:

    Q1- that means after 1997 verdict.... Sc and hc can interfere in water tribunal proceeding??
    My view is -- sc is allowed to interfere but not through original jurisdiction but appellate jurisdiction only...correct me if I m wrong.

    Yes correct. Not original jurisdiction, but SC (in most cases HC also) can interfere in everything.

    Tribunals like NGT excluded from HC jurisdiction by parliamentary law. But HC accepted appeals against NGT verdict!

    Stance of SC, HC is "judicial review is a basic structure, it cannot be taken away even by a Constitutional Amendment, so their jurisdiction also cannot be excluded"
    Hunt alone
  • sk_kumar said:



    Lone Wolf said:



    If suppose there is a dispute in gram panchayat elections then the appeal lies before whom;...state election commission or HC or district court.??

    Provided by state legislatures.
    Provided state legis don't exclude SC or HC from it.....as per 1997 case
    Yes correct.
    Hunt alone
  • sk_kumar said:



    Q3- after 1997 case.....what is the scenario now......who decide P election dispute.....sc or parliament under article 323B

    Do u mean President election? It's already explained.
    Hunt alone
Sign In or Join to comment.

Courses by ForumIAS for CSE
ForumIAS is trusted by over 10,000+ students for their Prelims, Mains and Interview Preparation and we currently run several assistance programs to help students from Civil Services prelims preparation to rank upgradation to IAS. You can enroll for these programs by visiting http://academy.forumias.com

Welcome!

We are a secret self-moderated community for Civil Services preparation. Feel free to join, start a discussion, answer a question or just to say Thank you.

Just dont spread the word ;)

Sign in or join with Facebook or Google

Subscribe to ForumIAS Blog