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[Official] The Doubts Thread for Indian Polity

edited July 2014 in Polity & Governance
Who is a Puisne judge(Supreme court)?
SC does not have original jurisdiction regarding pre constitution treaties and convention.then How SC can settle Mullaiperiyar Dam issue on what basis(advisory jurisdiction) ?

This thread shall be the exclusive thread for any Indian Polity related doubts including books to study, and small queries. Any other thread with the title "doubt in polity", "laxmikant doubt", "polity question doubt" etc shall be deleted and membership suspended. Members may however create new threads asking Polity questions directly in the Discussion title.


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Comments

  • edited July 2014
    The judges assisting the CJI are the puisne judges.
    The treaty lost it's significance with the dissolution of the Madras Presidency and the State of Travancore. The SC pronounced its judgement on the law enacted by the Kerala legislature, which comes under the original jurisdiction of SC u/A 131.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • I have 2 questions:-

    1. Is CAT a constitutional or a statutory body??
    2. In the recent controversy on the appointment of supreme court judges ,how can the govt remove the name of the judge?? Is it not a collegium system with the govt having no say this??
  • CAT is a statutory body whose powers have been provided by the Administrative Tribunals Act, 1985.

    The President can return the name(s) suggested by the collegium once, citing cogent reasons, for its reconsideration. However, if the name is sent back by the collegium, the President is bound to give his assent to it- Re. Appoinment of Judges, 1998.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • But is it not mentioned in article 323 A about the tribunals?? then should not it be a constitutional body since it is mentioned in the constitution??
  • Public order & Police is in State list.How could Central Govt deploy forces in state? say for Telengana agitation -Rapid Action forces were deployed .Are state Police forces not efficient enough to handle those situations?
  • @Dreamer CAT are established by an act of parliament..So they come under statutory body
  • @baddie. State police are usually for normal law and order situations. For bigger problems like naxalism, riots there are special armed police forces. Some States also have their own armed police forces. But generally, central armed police forces are used (mainly crpf).
    I'm not sure about this point but I think central armed police forces are deployed in a state at the request.of the state government.
  • edited July 2014
    National security is a matter to be dealt by the Central Govt. Maintenance of public order is a shared concern of both governments.

    Singh189 is absolutely right. The CAPFs and RAF is deployed by the Central Govt. on the request of the State Govts.

    Also, article 323A does not explicitly mention any 'body'. It's an enabling clause for the CAT and SATs. Similarly ITAT is a tribunal established by the Parliament in pursuance of article 323B of the constitution. Therefore, they have their genesis in constitutional provisions but are essentially statutory.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • @Neanderthal

    I had this doubt for long. Can I call District Planning Committee as constitutional body or should they be seen as having genesis in constitutional provisions and are not constitutional?
  • Article 243ZD of the Constitution expressly provides for a 'District Planning Committee'. Ergo, it's a constitutional body. @bhasdi
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • @bhasdi
    Whenever constitution says "may be constituted", it is a statutory body; whenever constitution says " shall be constituted" it is a constitutional body.
    *District Planning Committee is a constitutional body.
    “The starting point of all achievement is DESIRE. Keep this constantly in mind. Weak desire brings weak results, just as a small fire makes a small amount of heat.”
    ― Napoleon Hill
  • @Neanderthal, @ck10203

    I got the point. Thanks guys....actually since many states have yet not constituted DPC even after 20 years, I felt that may it is not a constitutional body.......:)
  • Who are Gazetted Officers? only Group A & B ..Are they only authorised to give attestation?
    Why Finance Commission is a Quasi judicial body?
    Reservation for Direct recruitment in All India basis (22+7.5-27) on open competition.what s other than open competition?
  • Who administers oath of the Lok Sabha Speaker?
    There is a tide in the affairs of men. Which, taken at the flood, leads on to fortune.
  • Who are Gazetted Officers? only Group A & B ..Are they only authorised to give attestation?
    Why Finance Commission is a Quasi judicial body?
    Reservation for Direct recruitment in All India basis (22+7.5-27) on open competition.what s other than open competition?
    Group A and B officers, yes. 'Only' authorised as in? They do attest forms and certificates.

    FC receives petitions from states and carefully scrutinizes each and every issue on a material basis and hence, it's a quasi-judicial body.

    I can't get what your question is- the third question.
    Who administers oath of the Lok Sabha Speaker?
    Is there a separate oath for the Speaker? I don't think so. The Speaker takes his oath as an MP at the time of the new LS which is administered by the Speaker Protem on behalf of the President u/A 95, if I'm not wrong.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • @LordCalvin I couldn't find it in Laxmikanth so thought of asking, I think @Neanderthal is right that there is no separate oath for the Speaker- searched & could find pics of Sumitra Mahajan taking oath as a LS member only. Once elected she was led to Speaker's chair by PM, Advani, etc. No oath mentioned there as well.
    There is a tide in the affairs of men. Which, taken at the flood, leads on to fortune.
  • Who administers oath of the Lok Sabha Speaker?
    No separate oath for Speaker and @Neanderthal is right in suggesting that he takes oath along with other MPs when pro-tem speaker presides the house.

    Likewise deputy speaker, chairman(who is otherwise ex-officio) and deputy chairman also do not take oath of office !

    For that matter PM's oath is same as other cabinet ministers . Only MoS have slight variation in their oath ..

    Deputy PM(of at all) does not have separate oath etc.
    Indian Foreign Service | Career Diplomat
  • Can anyone help with the emergency provisions in J&K ?
    J&K have national emergency, financial emergency, prez rule, and their own emergency ?
    Are the rules for prez rule same as other states? confused.
  • National Emergency only on grounds of war and external aggression. Financial Emergency hasn't been proclaimed hitherto so that remains contentious. President Rule is not applicable as far as I recall, do check on that.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • Can anyone help with the emergency provisions in J&K ?
    J&K have national emergency, financial emergency, prez rule, and their own emergency ?
    Are the rules for prez rule same as other states? confused.
    @geeta Neanderthal is true about national and financial emergency. President rule under article 356 also extends to J&K but with slight modification. in case of failure of constitutional machinery, Governor rule is imposed for 6 months and if within these 6 months election does not take place then president rules under article 356 extended to J&K. Recall the incident of riots in 2005 over Amaranth Shrine incident when president rule was imposed in J&K.
    Until you're ready to look foolish, you'll never have the possibility of being great.
  • Thanks, @Optimus14 . This helped me too. Much appreciated.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • @Neanderthal 3rd Question Reservation to the SCs, STs and OBCs in case of direct recruitment on all the India basis by open competition is given at the rate of 15% 7.5% and 27% respectively. In case of direct recruitment on all India basis otherwise than by open competition, reservation for SCs, STs and OBCs is 16.66% 7.5% and 25.84% respectively. what is this other than by open competition?Where it is implemented?
  • India's Exclusive economic Zone extends upto 200 nautical miles.Distance between Rameshwaram and Talaimannar is merely 50 km.Then why indian coast guard are not able to protect Indian Fisherman?
  • ^ 200 nautical miles in the open seas, baddie. Not in the territory of other countries.

    About reservation, I have very minimal knowledge. Would expect others to help us here.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • How many MP s are disqualified by anti defection law?
    Central Information commission was constituted through an Official Gazette notification under the provisions of RTI,2005.
    Central Vigilance Commission created by an executive resolution( Union Cabinet) feb 1964 on the recommendations of the Committee on Prevention of Corruption.
    Is there any difference between these process?
  • Public order & Police is in State list.How could Central Govt deploy forces in state? say for Telengana agitation -Rapid Action forces were deployed .Are state Police forces not efficient enough to handle those situations?
    Article 355 read with Entry 2(A) has sufficient ground for Union Govt to deploy Paramilitary or military forces in any state.
    Request or even consent of state is not necessary for deployment of CAPFs in state.
    The two most important days in your life are the day you are born and the day you find out why –Mark Twain
  • @Aurelio
    Thanks for providing this information. I searched about it.
    Wikipedia says that entry 2A was added during emergency but after emergency due to protests, CAPFs were deployed only at the state's request.

    I Also found this Hindu Article which sheds light on this issue. It also says the same thing.
    http://www.hindu.com/thehindu/op/2001/11/20/stories/2001112000010100.htm

    So, I think although entry 2A gives centre the power to deploy but they do so only at the request of the state concerned.
  • How many MP s are disqualified by anti defection law?
    Central Information commission was constituted through an Official Gazette notification under the provisions of RTI,2005.
    Central Vigilance Commission created by an executive resolution( Union Cabinet) feb 1964 on the recommendations of the Committee on Prevention of Corruption.
    Is there any difference between these process?
    There's no set number as such, if you ask me. It depends on the conduct of the MPs.

    The CVC was established by an executive order because;
    a. it was not in pursuance of any law passed by the Parliament and,
    b. it was not intended to function as the anti-corruption watchdog of the entire central government in 1964.
    As per the recommendations of the Santhanam committee, CVC was supposed to have oversight over lower levels of bureaucracy. Moreover, it was supposed to be a recommendatory body and not meant to carry out prosecutions. However, with the growing demand for its institutional autonomy, SC directed the centre to make it a statutory 'independent' body (Vineet Narain case, 1997) and thus came the CVC Act, 2000 or 2002.

    CIC was established in pursuance of an act of the Parliament- the RTI Act, 2005. Thus, it had to be established by a gazette notification as it is a statutory body.
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
  • ^ CVC Act 2003.
    “The starting point of all achievement is DESIRE. Keep this constantly in mind. Weak desire brings weak results, just as a small fire makes a small amount of heat.”
    ― Napoleon Hill
  • Thanks much, @ck10203
    ForumIAS Moderator | Indian Revenue Service 2014 | Indian Administrative Service 2015
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