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.

The Right Empowers YOU to SPEECH , YOU MUST KNOW ( RIGHT TO FREEDOM OF SPEECH & EXPRESSION)

Right to freedom of speech & expression is FUNDAMENTAL RIGHT OF EVERY CITIZEN OF INDIA  .

   Article 19 (1) A of INDIAN CONSTITUTION

  guarantees to all the citizens right to freedom of speech and expression. this right is most important right not because it not only assures the condition necessary for democracy but also for a civilized life. The ability to express our opinion and speak freely is essential to bring about change in society

WHAT IS Freedom of Speech & EXPRESSION  AS PER INDIAN CONSTITUTION ?

Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalists. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of one's idea through any communicable medium or visible representation, such as gesture, signs, and the like.

This ALSO includes the right to express your views aloud (for example through public protest and demonstrations) or through:

• published articles, books or leaflets
• television or radio broadcasting
• works of art
• the internet and social media

.

IS THERE ANY RESTRICTIONS  ON RIGHT TO FREEDOM?

Article 19(2) in The Constitution Of India 

Grounds of Restrictions

It is necessary to maintain and preserve freedom of speech and expression in a democracy, so also it is necessary to place some restrictions on this freedom for the maintenance of social order, because no freedom can be absolute or completely unrestricted. Accordingly, under Article 19(2) of the Constitution of India, the State may make a law imposing “reasonable restrictions” on the exercise of the right to freedom of speech and expression “in the interest of” the public on the following grounds: Clause (2) of Article 19 of Indian constitution contains the grounds on which restrictions on the freedom of speech and expression can be imposed:-

1) Security of State: Security of state is of vital importance and a government must have power to impose restriction on the activity affecting it. Under Article 19(2) reasonable restrictions can be imposed on freedom of speech and expression in the interest of security of State. However the term “security” is very crucial one. The term "security of state" refers only to serious and aggravated forms of public order e.g. rebellion, waging war against the State, insurrection and not ordinary breaches of public order and public safety, e.g. unlawful assembly, riot, affray. Thus speeches or expression on the part of an individual, which incite to or encourage the commission of violent crimes, such as, murder are matters, which would undermine the security of State.

2) Friendly relations with foreign states: In the present global world, a country has to maintain good and friendly relationship with other countries. Something which has potential to affect such relation ship should be checked by government. Keeping this thing in mind, this ground was added by the constitution (First Amendment) Act, 1951. The object behind the provision is to prohibit unrestrained malicious propaganda against a foreign friendly state, which may jeopardize the maintenance of good relations between India, and that state.

No similar provision is present in any other Constitution of the world. In India, the Foreign Relations Act, (XII of 1932) provides punishment for libel by Indian citizens against foreign dignitaries. Interest of friendly relations with foreign States, would not justify the suppression of fair criticism of foreign policy of the Government. However it is interesting to note that member of the commonwealth including Pakistan is not a "foreign state" for the purposes of this Constitution. The result is that freedom of speech and expression cannot be restricted on the ground that the matter is adverse to Pakistan.

3) Public Order: Next restriction prescribed by constitution is to maintain public order. This ground was added by the Constitution (First Amendment) Act. 'Public order' is an expression of wide connotation and signifies "that state of tranquility which prevails among the members of political society as a result of internal regulations enforced by the Government which they have established."

Here it is pertinent to look into meaning of the word “Public order. Public order is something more than ordinary maintenance of law and order. 'Public order' is synonymous with public peace, safety and tranquility. Anything that disturbs public tranquility or public peace disturbs public order. Thus communal disturbances and strikes promoted with the sole object of accusing unrest among workmen are offences against public order. Public order thus implies absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal avocation of life. Public order also includes public safety. Thus creating internal disorder or rebellion would affect public order and public safety. But mere criticism of government does not necessarily disturb public order.

The words 'in the interest of public order' includes not only such utterances as are directly intended to lead to disorder but also those that have the tendency to lead to disorder. Thus a law punishing utterances made with the deliberate intention to hurt the religious feelings of any class of persons is valid because it imposes a restriction on the right of free speech in the interest of public order since such speech or writing has the tendency to create public disorder even if in some case those activities may not actually lead to a breach of peace. But there must be reasonable and proper nexus or relationship between the restrictions and the achievements of public order.

4) Decency or morality: The way to express something or to say something should be decent one. It should not affect the morality of the society adversely. Our constitution has taken care of this view and inserted decency and morality as a ground. The words 'morality or decency' are words of wide meaning. Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on the freedom of speech and expression in the interest of decency or morality. These sections prohibit the sale or distribution or exhibition of obscene words, etc. in public places. No fix standard is laid down till now as to what is moral and indecent. The standard of morality varies from time to time and from place to place.

5) Contempt of Court: In a democratic country Judiciary plays very important role. In such situation it becomes essential to respect such institution and its order. Thus, restriction on the freedom of speech and expression can be imposed if it exceeds the reasonable and fair limit and amounts to contempt of court. According to the Section 2 'Contempt of court' may be either 'civil contempt' or 'criminal contempt.' But now, Indian contempt law was amended in 2006 to make “truth” a defence. However, even after such amendment a person can be punished for the statement unless they were made in public interest. Again in Indirect Tax Practitioners Assn. vs R.K.Jain, it was held by court that, “Truth based on the facts should be allowed as a valid defence if courts are asked to decide contempt proceedings relating to contempt proceeding relating to a speech or an editorial or article”. The qualification is that such defence should not cover-up to escape from the consequences of a deliberate effort to scandalize the court.

6) Defamation: Ones’ freedom, be it of any type, must not affect the reputation or status another person. A person is known by his reputation more than his wealth or any thing else. Constitution considers it as ground to put restriction on freedom of speech. Basically, a statement, which injures a man's reputation, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in relating to defamation is still uncodified in India and subject to certain exceptions.

7) Incitement to an offence: This ground was also added by the constitution (First Amendment) Act, 1951. Obviously, freedom of speech and expression cannot confer a right to incite people to commit offence. The word 'offence' is defined as any act or omission made punishable by law for the time being in force.

8) Sovereignty and integrity of India- To maintain sovereignty and integrity of a state is prime duty of government. Taking into it into account, freedom of speech and expression can be restricted so as not to permit any one to challenge sovereignty or to permit any one to preach something which will result in threat to integrity of the country.

From above analysis, it is evident that Grounds contained in Article 19(2) show that they are all concerned with the national interest or in the interest of the society. The first set of grounds i.e. the sovereignty and integrity of India, the security of the State, friendly relations with foreign States and public order are all grounds referable to national interest, whereas, the second set of grounds i.e. decency, morality, contempt of court, defamation and incitement to an offence are all concerned with the interest of the society.

KNOW THE EXACT LAW ON Upto 7 years in jail for attacking Covid-19 warriors (HEALTH WORKERS), govt brings in ordinance

Promulgation of an Ordinance to amend the Epidemic Diseases Act, 1897 in the light of the pandemic situation of COVID-19

During the current COVID-19 pandemic, there have been instances of the most critical service providers i.e. members of healthcare services being targeted and attacked by miscreants, thereby obstructing them from doing their duties.

In this context, the Union Cabinet in its meeting held on 22nd April 2020 has approved promulgation of an Ordinance to amend the Epidemic Diseases Act, 1897 to protect healthcare service personnel and property including their living/working premises against violence during epidemics. The President has given his assent for promulgation of the Ordinance. The Ordinance provides for making such acts of violence cognizable and non-bailable offences and for compensation for injury to healthcare service personnel or for causing damage or loss to the property in which healthcare service personnel may have.

 1) What is violence as per law?

Violence as defined in the Ordinance will include harassment and physical injury and damage to property. 

2)who are the health service personnel  as per law?

Healthcare service personnel include public and clinical healthcare service providers such as doctors, nurses, paramedical workers and community health workers; any other persons empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof; and any persons declared as such by the State Government, by notification in the Official Gazette. 

3)what type of property includes in law?

The penal provisions can be invoked in instances of damage to property including a clinical establishment, any facility identified for quarantine and isolation of patients, mobile medical units and any other property in which the healthcare service personnel have direct interest in relation to the epidemic.

4)act is bailable or non bailable as per law?
The amendment makes acts of violence cognizable and non-bailable offences. 

5)Punishment as per law?
Commission or abetment of such acts of violence shall be punished with imprisonment for a term of three months to five years, and with fine of Rs.50,000/- to Rs.2,00,000/-.  
In case of causing grievous hurt, imprisonment shall be for a term six months to seven years and with fine of Rs.1,00,000/- to Rs.5,00,000/-.   In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property.

6)who can investigate the matter?

Offences shall be investigated by an officer of the rank of Inspector within a period of 30 days, and trial has to be completed in one year, unless extended by the court for reasons to be recorded in writing.

purpose of this law to prevent The health workforce  who are our frontline soldiers in battling the spread of Covid-19. they put their own lives at risk in order to ensure safety of others. They deserve our highest respect and encouragement at this moment rather than being harassed or being subjected to violence. It is hoped that this Ordinance will have the impact of infusing confidence in the community of healthcare service personnel so that they can continue to contribute to serving mankind through their noble professions in the extremely difficult circumstances being witnessed during the current Covid-19 outbreak.