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Displaying 1 - 18 of 18

Explainer: Mechanisms to investigate charges against a Supreme Court judge

Roshni Sinha - April 25, 2019
This week, an in-house inquiry committee was constituted to consider a complaint against the current Chief Justice of India.  Over the years, three mechanisms have evolved to investigate cases of misconduct, including cases of sexual harassment, misbehaviour or incapacity against judges.  ...
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Explainer: Removal of Judges from Office

Roshni Sinha - April 20, 2018
Today, some Members of Parliament initiated proceedings for the removal of the current Chief Justice of India by submitting a notice to the Chairman of Rajya Sabha.  A judge may be removed from office through a motion adopted by Parliament on grounds of ‘proven misbehaviour or incapacity&...
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Explained: Law on holding an ‘Office of Profit’

Vibhor Relhan - February 22, 2018
Following the recommendation of the Election Commission (EC), the President disqualified 20 MLAs of the Delhi Legislative Assembly last month for holding an ‘office of profit’. The legislators in question were appointed as parliamentary secretaries to various ministries in the Delhi gove...
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Modernisation of Police Forces

Vinayak Krishnan - October 3, 2017
In India, police and law and order come under the purview of state governments.[1]  Accordingly, each state has its own police force for maintaining law and order and investigating crimes.  However, due to financial and other constraints, states have critical gaps in their policing infrast...
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Following the elections of the Vice President of India

Vibhor Relhan - August 5, 2017
The elections for the next Vice-President of India are underway today.  The current Vice President Dr. Hamid Ansari will complete his second five-year term on August 10, which is in a few days.  While the BJP-led NDA’s candidate is Mr. Venkaiah Naidu, Dr. Gopalkrishna Gandhi is ...
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Key amendments proposed to the Constitution Amendment Bill on GST

Prianka Rao - August 2, 2016
Yesterday, the government circulated certain official amendments to the Constitution (122nd Amendment) Bill, 2014 on GST.  The Bill is currently pending in Rajya Sabha.  The Bill was introduced and passed in Lok Sabha in May 2015.  It was then referred to a Select Committee of Rajya S...
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Money Bills vs. Other Bills

Prianka Rao - December 22, 2015
The Insolvency and Bankruptcy Code, 2015 was introduced in Lok Sabha yesterday, as a Money Bill [Clarification: This is as per news reports.*  The text of the Bill does not indicate that it is a Money Bill].  In this context, we briefly outline the various types of Bills in Parliament, and...
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Rethinking judicial appointments: Collegium vs. Commission

Prianka Rao - October 16, 2015
Earlier today, the Supreme Court struck down the two Acts that created an independent body for the appointment of judges to the higher judiciary. One of the Acts amended the Constitution to replace the method of appointment of judges by a collegium system with that of an independent commission, call...
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Compulsory voting in India

Prianka Rao - November 17, 2014
Compulsory voting at elections to local bodies in Gujarat Last week, the Gujarat Local Authorities Laws (Amendment) Act, 2009 received the Governor’s assent.  The Act introduces an ‘obligation to vote’ at the municipal corporation, municipality and Panchayat levels in the stat...
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Removal of Governors: What does the law say?

Anviti Chaturvedi - June 19, 2014
In the last few weeks, after the 16th Lok Sabha election, there has been some debate around powers of the central government to remove Governors.  News reports have suggested that the central government is seeking resignations of Governors, who were appointed by the previous central g...
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Ordinances promulgated during different Lok Sabhas

Shreya - April 21, 2014
Recently, the President repromulgated the Securities Laws (Amendment) Ordinance, 2014, which expands the Securities and Exchange Board Act’s (SEBI) powers related to search and seizure and permits SEBI to enter into consent settlements.  The President also promulgated the Scheduled Castes...
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Ordinance making powers of the Executive in India

Joyita - September 27, 2013
In light of the decision of the union cabinet to promulgate an Ordinance to uphold provisions of the Representation of People Act, 1951, this blog examines the Ordinance making power of the Executive in India.  The Ordinance allows legislators (Members of Parliament and Members of Legislative A...
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Case not closed - Appointment of judges

M R Madhavan - September 5, 2013
Parliament is considering a proposal to change the process of appointment of judges to the Supreme Court and High Courts.  A Constitutional Amendment Bill has been introduced in Rajya Sabha that enables the formation of a Judicial Appointments Committee (JAC), and states that the composition an...
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Reason and ordinance: The National Food Security Bill

admin_2 - July 5, 2013
Sakshi of PRS Legislative Research discusses the government's ordinance-making power in the context of the National Food Security Ordinance in an Indian Express opinion editorial. On Wednesday, the Union cabinet approved the food security ordinance. The government has already introduce...
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All you want to know about the President's power of ordinance making

Jhalak - February 5, 2013
The President issued the Criminal Law (Amendment) Ordinance on February 3, 2013. This ordinance amends the Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act. Here we explain what an ordinance is, how it is made and with what frequency it is used. This article was first published...
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Supreme Court stays Calcutta High Court judgement on Singur Act

Sakshi - September 17, 2012
According to news reports, the Supreme Court stayed a Calcutta High Court judgement on the Singur Land Rehabilitation and Development Act, 2011 [Singur Act] on August 24, 2012. The apex court also issued a notice to Tata Motors seeking its response within four weeks, on the West Bengal government...
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Constitutionality of Parliamentary Secretaries

admin_2 - August 9, 2012
(Authored by Anil Nair) Many states in the Indian Union have instituted the post of Parliamentary Secretary.  A Parliament Secretary often holds the rank of Minister of State and has the same entitlements and is assigned to a government department.  Manipur, HP, Mizoram, Assam, Rajasthan, ...
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Report of the Group of Interlocutors for Jammu and Kashmir

Pallavi - May 25, 2012
The central government appointed the J&K Interlocutors Group on October 13, 2010.  The Group submitted the Report to the Home Ministry earlier this year.  The Report was made public by the Home Ministry on May 24, 2012. It may be noted that under Article 370 of the Constitution sp...
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