Trial of Saheed Bhagat Singh (a case that you should know )

Bhagat Singh At the age of 23, Bhagat Singh was hanged on 23 March 1931 along with revolutionaries Rajguru and Sukhdev.

Now, it has surfaced that his sentence was pronounced by the court, which did not have the approval of the legislature for its constitution. The death warrant issued for Bhagat Singh, Sukhdev and Rajguru was invalid. And, the trial violated the principle of natural justice.

WHY BHAGAT SINGH FACED TRAIL ?

Bhagat Singh and Batukeshwar Dutt threw bombs in the Central Legislative Assembly on 8 April 1929 in protest against the  Public Safety Bill. He also threw out some handwritten sheets to illustrate his demands.

It was a low-intensity bomb that was not intended to kill or injure any member of the Legislative Assembly. As soon as the explosion occurred, Bhagat Singh and BK Dutt stood there and later surrendered themselves to the police.

The trial began on 7 May before the British Magistrate BP Pool. Bhagat Singh and BK Dutt were represented by Advocate  Asif Ali, a member of the Indian National Congress, while public prosecutor Rai Bahadur was Suryanarayana. Stating that Bhagat Singh and BK Dutt "hurled bombs with the intent to kill or injure King Majesty's subjects", the judge framed the charges and presented the two revolutionaries to the Sessions Court under British Judge Leonard Middleton.

Some of the questions asked in court were:

Judge: ‘Were you present in the Assembly on the 8th of April, 1929?”

Bhagat Singh: ‘As far as this case is concerned, I feel no necessity to make a statement at this stage. When I do, I will make the statement.”

Judge: ‘When you arrived in the court, you shouted, “Long Live Revolution!”. What do you mean by it?’
then asif ali lawyer  of bhagat singh objected the question  and objection was sustained 



The two revolutionaries refused to cooperate in the trial, sparked by a false allegation by the police that Bhagat Singh opened fire in the Legislative Assembly. Bhagat Singh carried the pistol to the Central Hall but at the time of his arrest he handed it over to the police. Despite this, the court convicted him and sentenced him to life (14 years).

ANOTHER TRAIL FACED BY BHAGAT SINGH( LAHORE CONSPIRACY CASE)

But the British government was not satisfied with this alone. Bhagat Singh was linked to another case - the murder of British police officer John P. Saunders and head constable Chanan Singh. The police found their case based on similarities in the handwriting of leaflets thrown by Bhagat Singh in the Assembly Chamber and those found after the killing of Saunders at various places in Lahore.

This case is known as Lahore Conspiracy Case. Bhagat Singh, Sukhdev and Rajguru were prosecuted for the murder of Sanders and Chanan Singh. The trial in the Lahore Conspiracy Case started in Borstal Jail and was heard by first class Magistrate Pandit Shri Kishan, who was later conferred the title of Rai Sahab by the British Government.

HUNGER STRIKE IN JAIL BY BHAGAT SINGH, 

Kureh Khak hai Gardash main Tapash si Meri , Main Voh majnu huan Jo Jindan main Bhee Azad Raha sher written by -Saheed Baghat Singh in jailgh in jail

Meanwhile, Bhagat Singh and his colleagues started a hunger strike to protest the prisoners' living conditions in the jail. He and other revolutionaries refused to cooperate with the trial, which did not progress much after the framing of charges against him, despite the fabricated witnesses, the accused-confessors and the evidence leveled.

The British government was losing patience as Bhagat Singh's popularity was increasing despite being in prison. On May 1, 1930, Viceroy Lord Irwin promised an ordinance to set up a special tribunal to conduct the hearing of the Lahore Conspiracy Case.

On 7 October, three weeks before its term ended, the tribunal convicted Bhagat Singh, Sukhdev and Rajguru for the murder of Saunders and Chanan Singh.

WHY CONVICTION WAS ILLEGAL 

The entire case against Bhagat Singh was flawed. The FIR lodged in the murder of Saunders did not name the "two unknown" accused. Bhagat Singh was not named as an accused or suspect in the FIR. Even later his name was not added. It was only after the trial in the bomb case started that the British police linked him to the Lahore conspiracy case.

The ordinance that was brought to set up a tribunal to hear the Lahore Conspiracy Case never got the legislature's approval. Its period expired after the tribunal convicted Bhagat Singh. Under the provisions of the 1935 Act, an ordinance was required to procure the approval of the legislature.

The death warrant issued by the tribunal expired before being executed by Bhagat Singh, Sukhdev and Rajguru. The death warrant on which they were executed was not issued by the trial court, as the ordinance ended in its existence and did not receive legislative approval. Under the law, only the trial court was empowered to issue a death warrant. The death warrant thus issued and executed was invalid.


The trial against Bhagat Singh, Sukhdev and Rajguru declined the natural principle of justice. The accused were never presented before the tribunal. His defense was not heard. The defense counsel was not allowed to cross-examine approximately 450 prosecution witnesses. Only those witnesses who were allowed to cross-examine by defense counsel

A LAW THAT EVERY WORKING WOMAN SHOULD KNOW (Sexual Harassment At Workplace)

Sexual Harassment At Workplace 

usually one approach the court for own interest but there are some case which were beneficiary for   the whole nation. out of those cases one case was banwari devi case or vishakha case. this case forced Indian parliament pass the law against sexual harassment  at workplace .
  BUT Prior to the Visakha Guidelines, the workplace was dangerous for many women, especially in the case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village as she tried to raise her voice against child marriage. Her vagina  swab was taken from her body 48 hours after the incident due to gross negligence. Ideally, this should be done within 24 hours. Shockingly, the judge presiding over his case (this was the seventh judge after the six others were removed) acquitted the accused, even stating, "Since the perpetrators were upper caste men , so rape could not happen. " This happened because Bhanwari was from a lower caste. After the acquittal over the acquittal, Visakha and some other women's groups filed a public interest litigation against the state of Rajasthan and the Union of India, forcing the latter to adopt Visakha guidelines, which now protect the working Women all over the country.

The Supreme Court had  made it compulsory for every state, union territory and regulatory body to implement a legal mechanism for implementing the guidelines issued in the 'Visakha' case, allowing employers to prevent sexual harassment. To realize and ensure this. Women at their workplaces.

A three-judge bench of the Supreme Court clarified that the guidelines issued in the Visakha case should be implemented not only in form but also in substance to ensure a safe and secure place and environment for a woman. Could. His workplace. The bench also states that there is a lack of a law and proper mechanism to address complaints of sexual harassment of women, such as women doctors / nurses or architects and even domestic workers and in other cases, because often Women are victims of sexual harassment. Often reluctant to accept it due to some social stigma / fanaticism, they think that it affects their dignity and respect in society.

Sexual harassment at workplaces is an expression of the continuing gender discrimination in society that is rarely recognized. The bench has also stated that if there exists a case for modifying old acts and bringing in new laws to protect women from indecency, humiliation and humiliation occurring in their workplaces, homes and other places, it would certainly Will react To educate girls and women in all fields and protect them from violence in all forms (eg domestic violence, sexual harassment at work); latter on  law was enacted by the Parliament namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 .

KNOW THE EXACT LAW OF SEXUAL HARASSMENT

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

 WHAT IS SEXUAL HARASSMENT AS PER LAW?

AS PER LAW OF 2013 SEXUAL HARASSMENT INCLUDES:

• .Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; .inappropriate questions or remarks about a person’s sex life
• .Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
• Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
• Unwelcome social invitations with sexual overtones, commonly seen as flirting
• Unwelcome sexual advances

According to the LAW, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

The Act specifies five circumstances that amount to sexual harassment. These are:

• Implied or explicit promise of preferential treatment in her employment
• Implied or explicit threat of detrimental treatment
• Implied or explicit threat about her present or future employment status
•  Interference with her work or creating an offensive or hostile work environment
• Humiliating treatment likely to affect her health or safety.

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognises the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act.

It further says such women can be “engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer”; they may be working for remuneration, or on a voluntary basis, a contract worker, probationer, trainee, apprentice, or called by any other such name.

The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, cannot be made public, as per the Act.

How to file a complaint of sexual harassment at workplace?

The 2013 Act says the aggrieved woman may make, in writing, a complaint of sexual harassment. However, a written complaint is not mandatory. If she cannot give a written complaint, the Act says, any member of the ICC “shall” render “all reasonable assistance” to her for facilitating it. Also, if the woman is unable to make a complaint citing “physical or mental incapacity or death or otherwise”, her legal heir may do so.

Time-frame for making a complaint to ICC

According to the Act, the complaint of sexual harassment has to be made “within three months from the date of the incident”. If such incidents have taken place over a time, the complaint should be made within three months from the date of the last incident. However, the ICC has the discretion to “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”. The ICC needs to record these reasons to exercise the right.

after a complaint is made?

Once a complaint is made, the ICC can offer conciliation under Section 10 of the Act. Before starting an inquiry, the ICC may “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent though conciliation”. It is to be seen, however, that “no monetary settlement shall be made as a basis of conciliation”.

If conciliation is not an option, the ICC may straightaway forward the complaint to the police under RELEVANT SECTIONS OF IPC (word, gesture or act intended to insult the modesty of a woman) . Or, it can start its own inquiry and complete it within 90 days.

Enjoying powers similar to those of a civil court, the ICC can summon and examine any person on oath, can ask for production of related documents before it. During the inquiry, if the woman makes a written request, the ICC “may” also recommend her transfer, a three-month leave, or any other relief it deems fit. Once the inquiry is over, the ICC is to provide a report to the employer within 10 days, making available a copy of it to the victim too.

What happens after the ICC report?

If the ICC finds the allegations true, it will recommend to the company to take action against the accused for misconduct “in accordance with the provisions of the service rules”. In case the company does not have service rules, the recommended action may include disciplinary action, including a written apology, reprimand, warning, censure; withholding promotion/ pay raise/ increment; termination of service; counselling; community service.

The ICC can also recommend financial damages to the complainant. The amount can be decided taking into consideration “mental trauma, pain, suffering and emotional distress caused”, medical expenses incurred, loss of career opportunity, and income and financial status of the respondent.

Once the ICC furnishes its recommendations, the aggrieved woman or the respondent can challenge the report in a court of law within 90 days.

What happens to the ‘victim’ if her complaint is found to be false?

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act deals with false complainant. If the ICC finds the complaint to be false, the Act says, it may recommend action against the woman or the person who has made the complaint. The Act, however, makes it clear that “a mere inability to substantiate a complaint or provide adequate proof need not attract legal action. Also, no action can be recommended against the complainant unless an inquiry establishes malicious intent on part of the complainant.

When just 5 paise can let you fight a legal battle for 41 years

The 5 paise coin had been out of circulation for decades. But this is exactly the amount on which 73-year-old Ranveer Singh Yadav has been fighting the case for more than 40 years. Lakhs of rupees have been spent over the years by both parties as legal fees, with the Delhi Transport Corporation as the complainant.

Back in 1973, Mr. Yadav worked as the conductor of the DTC bus. The charge against him was that he charged a female passenger 15 paise, gave her a ticket of 10 paise and gave an additional 5 rupees.Following an allegation of investigating the employees on the bus, an internal investigation took place and in 1976 he was dismissed.Although Mr. Yadav won a case in Labor Court in 1990, in which his dismissal was illegal, the transport body appealed the following year. Till now, it was Rs. 47,000 to contest the case.

Mr. Yadav said that my children also used to ask me if I cheated. "I will be in pain to convince those I have not cheated ... other people go on pilgrimage, I am going to court."

When the High Court rejected the DTC's petition in January this year, it allowed the transport body to pay Rs. 30,000 to Mr. Yadav. The court ruled that CPF should be paid a gratuity of Rs 22 lakh and another Rs 37 lakh as CPF.

During the hearing, the court asked the DTC how many lakhs have been spent on litigation to recover 5 paise.

"There is a case where the defendant has been fighting a long battle with the DTC for more than 40 years and has not reaped the fruit despite winning the case in the Labor Court and High Court," the court said. said.

Mr. Yadav's wife Vimala said, "Whether the case is of 5 paise or 2 paise, the way we have been punished for it is lakhs of rupees. Even the currency has disappeared, but We are still stranded. "

The High Court had asked DTC to pay Yadav a gratuity of 6 lakhs and other benefits and said, "Here is a case where the defendant has been fighting a long battle with DTC for more than 41 years And despite winning the case in Labor court. Court, he has not been able to cut the fruits. "

Here a legal maxim is fully enforced "Justice delayed is justice denied" Ranveer Singh Yadav has spent 41 years of his life to prove that he has not cheated anyone for 5 paise. And the value of that 5 paise was given to him for 41 years of life and legal battle of millions of rupees. .

जब एक मृत व्यक्ति ने राजीव गांधी विरुद्ध चुनाव लड़ा WHEN A DEAD MAN STOOD IN ELECTION AGAINST RAJIV GANDHI (FORMER PRIME MINISTER OF INDIA) LAL BIHARI CASE

 Lal Bihari has spent a significant part of his adult life being dead on paper. In fact he grew so used to his expired identity that he became known as Lal Bihari “Mritak” – “dead man.” In his village of Amilo, Uttar Pradesh, people on the streets simply call him “Mritak.”(dead man)

Bihari is not the only mritak. He is among the thousands who have been unlawfully registered as dead in government records by their relatives in order to capture their land and property. This often happens with the connivance of local officials.

Bihari fought for 18 years and managed to reclaim his identity in 1994. His fight hasn’t stopped. He became a full time activist to help those who face the same plight that he did – being stripped of an identity and land rights.

when Lal Bihari was 22 years old  went to a bank for loan against his ancestral property that initially belong to his father, is been told that is dead according to records and the land belongs to his uncle. This may sound odd to many but this had happened in one of villages of Azamgarh district, Uttar Pradesh. In 1977, when Lal Bihari (born in 1955) went approached the bank for loan, he has been declared dead over a year by the official sitting there. To regain his identity, Lal Bihari had to fight many odds and finally after 18years of struggle the court gave him his life back on paper. According to the government’s RTI responses to petitions filed by Bihari – the other was in 2008 and indicated that 335 dead people had been declared “alive” – over 500 people have been recognised as living individuals.

Acrimony and greed led members of same family declaring the other person dead so as to acquire the land and unscrupulous work by the lekpal (low-level bureaucrat) in maintaining the record books devoid a living person of Right to Life. This case brought into five major citation, those are, The Protection of Human Rights Act, 1993;The Indian Penal Code; Article 21 in The Constitution Of India 1949;Section 36 in The Protection of Human Rights Act, 1993;Section 14 in The Protection of Human Rights Act, 1993.

The chronology of events in Lal bihari case

Lal Bihari took 18 years to get his identity back.

Phase 1

Lal Bihari approaches his birthplace Khalilabad for residence, income and caste certificates as He needed them to get a bank loan for his handloom business. On his arrival at the tehsildar’s office, he came to know that he has been dead since 30th July, 1976. His relatives had bribed the khatuni (record keeper) to declare him dead on the official papers and transfer one-fifths of the land to them. Shocked and shattered with the news, he started a new phase of life, which was regaining his identity.

Phase 2

Lal Bihari kidnapped his nephew and sent his shirt drenched with animals blood available at butcher’s shop. But he let the child go to his parents when didn’t register any case against him. If nephew’s parents would have registered a case against him then he would had a proof of his identity. After his nephew returned home, an article appeared in a regional newspaper called Swatantra Bharat and after hearing upon the news an MLA raised a question in the UP Assembly.

Phase 3

Lal Bihari got married at a young age, and applied for a widow pension for his wife hoping the government would rectify the mistake upon seeing him alive, but this also went in vain.

Phase 4

At this point Lal Bihari started to give when a politician named Shyam Lal appeared as a Guru to him and advised him to openly call him “Mritak”, as the passerby made fun of his identity and cracked joke on his situation. This idea appealed him so much so that he started the Mritak Sangh, an association of the living dead. But there was one problem: it had no members except him.

Phase 5

As the drama spurred at the Assembly, Lal Bihari sat on dharnas outside the Assemby in Lucknow. And finally got a visitor pass to enter the assembly, and heroically stood up from his place and sang the slogan of “Mujhe zinda karo” while the assembly was in session. He had to be thrown out of the assembly. He even bribed a police officer with 500 Rupees to register a case against him but it went into vain.

Phase 6

 Lal Bihari sold his property to contest the 1988 Lok Sabha election from Allahabad against former Prime Minister VP Singh.Surprising even himself, he got about 1,600 votes. In 1989, he filed nomination papers against Rajiv Gandhi in Amethi and then promptly filed an application for countermanding the election, as he was dead. It was not countermanded, of course, but he got written about. In 1994, finally he was declared alive and got his identity back.

Now Mritak Sangh is a popular community, which helps other people like Lal Bihari to earn justice who have been declared dead by the family members in lure of property.

NOBEL PRIZE IN Peace – Presented to Lal Bihari, of Uttar Pradesh, India, for a triple accomplishment: First, for leading an active life even though he has been declared ,Legally dead; Second, to carry out a lively posthumous campaign against bureaucratic inertia and greedy relatives; And third, to form the Association of Dead People. Lal Bihari overcame the barrier of being dead, and managed to obtain a passport from the Government of India so that he could travel to Harvard and accept his award. However, the US government refused to allow them into the country. His friend Madhu Kapoor therefore came to the IG Nobel function and accepted the award on behalf of Lal Bihari. Several weeks later, Lal Bihari was presented the award at a special ceremony in India.

you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life   

you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life   

WHEN GOVERNMENT PASSED COMMUNAL ORDER (State of Madras v. Champakam Dorairajan & C. R. Srinivasan) THE CASE CHANGED INDIAN RESERVATION SYSTEM ,INDIA SHOULD KNOW

 This case was filed in 1951 for fundamental right to get admission into educational institutions maintained by the State. this case has two stories one relates to Sri Srinivasan and another to Srimathi Champakam Dorairajan.

The State of Madras maintains four Medical Colleges at that time(in 1951) and only 330 seats were available for students in those four Colleges. Out of those 330 seats, 17 seats were reserved for students coming from outside the State and 12 seats were reserved for discretionary allotment by the State and the balance of the seats available were apportioned between four distinct groups of districts in the State.

Likewise, the State of Madras maintains four Engineering Colleges at that time( in 1951) and the total number of seats available for students in those Colleges were only 395. Out of those, 21 seats were reserved for students coming from outside the State, 12 seats were reserved for discretionary allotment by the State and the balance of the seats available were apportioned between the same four distinct groups of districts.
For many years before the commencement of the Constitution, the seats in both the Medical Colleges and the Engineering Colleges so apportioned between the four distinct groups of districts used to be filled up according to certain proportions set forth in what used to be called the Communal GOVERMENT ORDER. Thus, for every 14 seats to be filled by the selection committee, candidates used to be selected strictly on the following basis:

Non-Brahmins (Hindus) ... 6
Backward Hindus ... 2
Brahmins ... 2
Harijans ... 2
Anglo-Indians and Indian Christians ... 1
Muslims ... 1
Subject to the aforesaid regional and what have been claimed to be protective provisions selection from among the applicants from a particular community from one of the groups of districts used to be made on certain principles based on academic qualifications and marks obtained by the candidates

In the case of the Medical Colleges where Srimathi Champakam Dorairajan had applied for admission, not less than 20 per cent. of the total number of seats available for students of the State were filled by women candidates separately for each region, it being open to the selection committee to admit a larger number of woman candidates in any region if qualified candidates were available in that region and if they were eligible for selection on merits vis-a-vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules. It appears that the proportion fixed in the old Communal G. O. has been adhered to even after the commencement of the Constitution on 26-1-1950. Indeed, G. O. No. 2208, dated l6-6-1950, laying down rules for the selection of candidates for admission into the Medical Colleges substantially reproduces the communal proportion fixed in the old Communal Government order.

Proceedings At  Supreme Court

Sri Srinivasan who had actually applied for admission into the Govt. Engineering College at Guindy, filed a CASE (petition). praying for a writ of mandamus or any other writ restraining the State of Madras all officers thereof from enforcing, observing, maintaining or following the Communal G. O. in and by which admission into the Engineering College was sought to be regulated in such manner as to infringe and involve the violation of the fundamental right of the Sri Srinivasan . under Art. 15 (1)(The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them) and Art. 29 (2) (No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them) of the Constitution, in the affidavit filed in support of his petition. the Sri Srinivasan. has stated that he had passed the Intermediate Examination held in March 1950 in Group 1, passing the said examination in first class and obtaining marks set out in para. 1 of his affidavit.

It will appear that in the optional which are taken into consideration in determining the academic test for admission in the Engineering College the  Srinivasan secured 369 marks out of a maximum of 450 marks. The High court has by the same judgment allowed this application in favour of Sri Srinivasan also and the State of madras  filed an appeal which has been numbered 271 of 1951. The learned counsel appearing for the State of Madras conceded that these two applicants would have been admitted to the educational institutions they intended to join and they would not have been denied admission if selections had been made on merits alone.

Art.29 'Cultural and Educational Rights' runs as follows:

"(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them."

It will be noticed that while Cl. (1) protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Cl. (2) is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens. This right is not to be denied to the citizen on grounds only of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. But, on the other hand, if he has the academic qualifications but is refused admission only on grounds of religion, race, caste, language or any of them, then there is a clear breach of his fundamental right.

The learned Advocate- General appearing for the State of madras contends that the provisions of this Article have to be read along with other Articles in the Constitution. He urges that Art. 46 charges the State with promoting with special care the educational and economic interests of the weaken sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and with protecting them from social injustice and all forms of exploitation. It is pointed out that although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Ct. the principles therein laid down are nevertheless fundamental for the governance of the country and Art. 37 makes it obligatory on the part of the State to apply those principles in making laws.

The argument is that having regard to the provisions of Art. 46, the State is entitled to maintain the Communal G. O. fixing proportionate seats for different communities and if because of that Order, which is thus contended to be valid in law and not in violation of the Constitution, the petnrs. are unable to get admissions into the educational institutions, there is no infringement of their fundamental rights. Indeed, the learned Advocate-General of Madras even contends that the provisions of Art. 46 override the provisions of Art. 29 (2). We reject the above noted contentions completely. The directive principles of the State policy, which by Art. 37 are expressly made unenforceable by a Ct. cannot override the provisions found in Part III which, notwithstanding other provisions, are expressly made enforceable by appropriate Writs, Orders or directions under Art. 32.

The chapter of Fundamental Rights is sacrosanct and not liable to be abridged by any Legislative or Executive act or order, except to the extent provided in the appropriate Art. in Part III. The directive principles of State policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. In our opinion, that is the correct way in which the provisions found in Parts III and IV have to be understood. However, so long as there is no infringement of any Fundamental Right, to the extent conferred by the provisions in Part III, there can be no objection to the State acting in accordance with the directive principles set out in Part IV, but subject again to the Legislative and Executive powers and limitations conferred on the State under different provisions of the Constitution.

. In the next place it will be noticed that Art. 16 which guarantees the fundamental right of equality of opportunity in matters of public employment and provides that no citizen shall, on grounds only of religion, race, caste , sex , descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State also includes a specific clauses in the following terms:
"(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments of posts in favour of any backward class of citizens which, in the opinion of the State , is not adequately represented in the services under the State."
  

SUPREME COURT' OF INDIA'S FINDING 

If the argument founded on Art. 46 were sound then cl. (4) of Art. 16 would have been wholly unnecessary and redundant. Seeing, however, that cl. (4) was inserted in Art. 16, the omission of such an express provision from Art. 29 cannot but be regarded as significant. It may well be that the intention of the Constitution was not to introduce at all communal considerations in matters of admission into any educational institution maintained by the State or receiving aid out of State funds. The protection of backward classes of citizens may require appointment of members of backward classes in State services and the reason why power has been given to the State to provide for reservation of such appointments for backward classes may under those circumstances be understood. That consideration, however, was not obviously considered necessary in the case of admission into an educational institution and that may well be the reason for the omission from Art. 29 of a clause similar to cl. (4) of Art, 16.

Take the case of the petnr. Srinivasan. It is not disputed that he secured a much larger number of marks than the marks secured by many of the Non-Brahmin candidates and yet the Non. Brahmin candidates who secured less number of marks will be admitted into six out of every 14 seats but the petnr. Srinivasan will not be admitted into any of them. What is the reason for this denial of admission except that he is a Brahmin and not a Non-Brahmin. He may have secured higher marks than the Anglo Indian and Indian Christians or Muslim candidates but, nevertheless, he cannot get any of the seats reserved for the last mentioned communities for no fault of his except that he is a Brahmin and not a member of the aforesaid communities. Such denial of admission cannot but be regarded as made on ground only of his caste.

It is argued that the petnrs. are not denied admission only because they are Brahmins but for a variety of reasons, e. g. (a) they are Brahmins, (b) Brahmins have an allotment of only two seats out of 14 and (c) the two seats have already been filled up by more meritorious Brahmin candidates. This may be true so far as these two seats reserved for the Brahmins are concerned but this line of argument can have no force when we come to consider the seats reserved for candidates of other communities, for so far as those seats are concerned, the petnrs. are denied admission into any of them not on any ground other than the sole ground of their being Brahmins and not being members of the community for whom those reservations have been made. The classification in the Communil G. O. proceeds on the basis of religion, race and caste. In our view, the classification made in the Communal G. O. is opposed to the Constitution and constitutes a clear violation of the fundamental rights guaranteed to the citizen under Art. 29 (2) In this view of the matter, we do not find it necessary to consider the effect of Art. 14 or 15 on the specific Articles discussed above.

For the reasons stated above, we are of opinion that the Communal Government Order. being inconsistent with the provisions of Art. 29 (2) in Part III of the Constitution is void under Art 13. The result, therefore, is that these appeals  filed by state of madras stand dismissed with costs.

Sri Srinivasan and  Srimathi Champakam Dorairajan won the case .

what if  they had not challenged the COMMUNAL GOVERNMENT ORDER IN THE court ?

then system would not be changed. Sri Srinivasan and  Srimathi Champakam Dorairajan were aware of there rights . their awareness changed the whole system. 

SO ALL OF YOU SHOULD AWARE ABOUT YOUR RIGHTS BECAUSE AWARNESS IS THE ONLY THING TO FIGHT AGAINST THE ODD'S OF SOCIETY ,

THANKS FOR READING 

REGARDS 

ADV SHASHIVEER SHARMA

KNOW THE SYSTEM WHICH RUNS INDIA ( PARLIAMENTARY SYSTEM OF INDIA)

PARLIAMENTARY  SYSTEM IN INDIA

PARLIAMENTARY FORM OF GOVT HAS BEEN THE KEY FEATURE OF INDIAN POLITICAL SYSTEM. ITS INCEPTION HAVING TAKEN PLACE UNDER THE BRITISH RULE ITSELF. IT BECAME AN ANNOUNCED POLICY UNDER THE GOVT OF INDIA ACT 1919 AND SUBSEQUENT ENACTMENTS. WHEN INDIA EMERGED AS INDEPENDENT NATION IN 1947 ,IT ALREADY HAD THE EXPERIENCE OF OPERATING PARLIAMENTARY INSTITUTION. BY PLANTING INSTITUTION AND PROCESS OF PARLIAMENTARY DEMOCRACY IN INDIA, BRITISH RULERS HAD TRAINED THE INDIANS IN PARLIAMENTARIAN SYSTEM. WHEN INDIAN LEADERS WERE CALLED TO CHOOSE, A FORM OF GOVT THEY NATURALLY CHOOSE THIS FORM OF GOVT WITH WHOM THEY WERE FAMILIAR.THE POLITICAL REALITY APPEARS TO BE THAT INDIAN PSYCHE HAS FOUND ITSELF IN HARMONY WITH PARLIAMENTARY FORM OF GOVT. 

Parliamentary system having  two houses, a prime minister, and a President. .

Indian Parliament Structure

The Indian Parliament is broken down into three parts: president, Lower House, and Upper House. There's also a prime minister, who oversees the Upper House, that plays an important role in lawmaking.

The federal Parliament of India is based on the current British parliamentary system and thus is divided into three parts:

1. The President

The Indian president essentially signs bills into law or sends them back for reworking. The president is also chosen through an election by the members of parliament. The members of parliament are made up of both the Upper and Lower House. In the Lower House, the president appoints two out of the 552 members, while he appoints 12 of the Upper House's 250 members. The president must choose members that have shown honors or skill from a variety of backgrounds, such as science, literature, and the arts. It's normal for the president to be elected from one of the individuals in either the Upper or Lower House.

2. Lok Sabha/Lower House

The Lower House, Lok Sabha, is also known as the House of the People, and it - works for the people. The Lower House currently contains 545 members; however, it can have up to 552 members. 530 members to represent the States, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community. The members are elected for terms of 5 years at a time, and they can be re-elected, but they don't have to be. Additionally, the age of each member has to be over 25 years old. The people voted into the Lower House must be broken down this way:

• 84 seats for ''scheduled castes''
• 47 seats for individual tribes of India
• 131 reserved seats

Additionally, the whole Lower House can be dissolved if the president and people believe it's necessary.

3. Rajya Sabha/Upper House

The Upper House essentially works for the Member States and has 250 allowed members, though currently they only have 245. Also called the Council of States, the Upper House is considered the less powerful house. This house can't be dissolved for any reason; however, a third of the members are required to retire every two years. This means there is a constant movement of people into the Upper House. Individuals that are elected can only stay within the Upper House for up to 6 years. The minimum age requirement for this house is 30 years old.

 Purpose ,Power and Functions of Indian Parliament

Each section of parliament is set up to take on different responsibilities, and yet they have to work together to make sure a law passes. Parliament makes law with the help of its both the houses. Laws passed by the parliament and approved by the president are enforced in the whole country.

Its powers and functions can be classified in to following heads:

(1). Legislative powers

(2). Executive powers

(3). Financial powers

(4). Constituent powers

(5). Judicial powers

(6). Electoral powers

(7). Other powers

1) Legislative Powers- All the subjects in our constitution are divided among state, union and concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law. Constitution also have powers to make law with respect to state legislature in following circumstances:

(i).  When Rajya Sabha passes a resolution to that effect

(ii). When national emergency is under operation

(iii).When two or more states request parliament to do so

(iv). When necessary to give effect to international agreements, treaties and conventions

(v).  When President’s rule is in operation.

2) Executive Powers- According to parliamentary form of government executive is responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament.

3) Financial Powers- It includes enactment of budget, scrutinizing the performance of government with respect of financial spending through financial committees (post budgetary control)

4) Constituent Powers- Example - To amend the constitution, to pass any laws required

5) Judicial Powers- Includes;

(i).  Impeachment of President for violation of constitution

(ii). Removal of judges of Supreme Court and High court

(iii). Removal of Vice- President

(iv). Punish members for breach of privileges like sitting in the house when the member knows he is not an eligible member, serving as member before taking oath etc.

6). Electoral Powers- It has its participation in the election of President and Vice-President. The members of Lok Sabha elects speaker and deputy speaker from among its members. Similarly members of Rajya Sabha elects deputy chairman.

7). Other Powers-

(i).  To discuss various issues of national and international importance

(ii). Imposing emergency

(iii). Increase or decrease area, change names, alter the boundary of the states

(iv). Create or abolish state legislature    etc any powers can be added from time to time

Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India and a state legislature can make laws for the whole or any part of the state. Seventh Schedule of the constitution distributes the legislative powers between the centre and the state by putting subjects into Union List, State List and Concurrent List. The centre can make law on any of the subjects in the union list or in the concurrent list. The parliament can override the law of a state on a subject listed in concurrent list. In addition to these powers, the residuary powers are also vested with the parliament.

The constitution also empowers the Parliament to make law on a state subject in the following circumstances:

(i) When Rajya Sabha passes a resolution supported by two-thirds of the members present and voting

(ii) When a Proclamation of Emergency is in operation

(iii) When two or more states make a joint request to the parliament

(iv) When it is necessary for parliament to implement any international treaty, agreement or convention

(v) When President’s rule is in operation in the state

Executive Powers and Functions

In India, political executive is a part of the parliament. Parliament exerts control over the executive through procedural devices such as question hour, zero hour, calling attention motion, adjournment motion, half-an-hour discussion, etc. Members of different political parties are elected/nominated to the parliamentary committees. Through these committees, the parliament controls the government. Committee on ministerial assurances constituted by parliament seeks to ensure that the assurances made by the ministries to parliament are fulfilled.

Article 75 of the constitution mentions that the council of ministers remains in office as long as it enjoys the confidence of the Lok Sabha. The ministers are responsible to the Lok Sabha individually and collectively. Lok Sabha can remove the council of ministers by passing a no confidence motion in the Lok Sabha.

Apart from that, the Lok Sabha can also express lack of confidence in the government in the following ways:

(i) By not passing a motion of thanks on the President’s inaugural address.

(ii) By rejecting a money bill

(iii) By passing a censure motion or an adjournment motion

(iv) By passing a cut motion

(v) By defeating the government on a vital issue

These powers of parliament help in making government responsive and responsible.

Financial Powers and Functions

Parliament enjoys the supreme authority in financial matters. Executive cannot spend any money without parliament’s approval. No tax can be imposed without the authority of law. The government places the budget before the parliament for approval. The passage of the budget means that the parliament has legalised the receipts and expenditure of the government. The public accounts committee and the Estimates committee keep a watch on the spending of the government. These committees scrutinize the account and bring out the cases of irregular, unauthorised or improper usage in public expenditure.

In this way, parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is known as ‘rule of lapse’. This also leads to increase in expenditure by the end of the financial year.

Judicial Powers and Functions

judicial powers and functions of the Parliament are mentioned below;

(i) It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court.

(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.

Electoral Powers and Functions

The electoral powers and functions of the parliament are mentioned below;

(i) The elected members of the parliament (along with state assemblies) participate in the election of the President

(ii) All the members of the parliament participate in the election of the Vice-President.

(iii) The Lok Sabha elects its Speaker and Deputy Speaker.

(iv) The Rajya Sabha elects its Deputy Chairman.

(v) Members of various parliamentary committees are also elected.

Constituent Powers and Functions

Only parliament is empowered to initiate any proposal for amendment of the constitution. A bill for amendment can be initiated in either House of Parliament.  However, the state legislature can pass a resolution requesting the parliament for the creation or abolition of the legislative council in the state. Based on the resolution, the parliament can make an act for amending the constitution for that purpose.

There are three types of bills for constitution amendment which requires:

(i) Simple Majority: These bills need to be passed by simple majority, that is, a majority of members present and voting in each of the House.

(ii) Special Majority: These bills need to be passed by the majority of the House and two-third of the members present and voting in each of the House.

(iii) Special majority and consent of half of all the state legislatures: These bills are to be passed by the special majority in each house. Along with this, atleast half of the state legislatures should give consent to the bill.