Facts This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Articles 74 (pari materia to Article 163) and 156 of the Constitution, has been referred to this six-judge Constitution Bench. On August 7th, 2014, President Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with barely four months left of her tenure. Ms. Beniwal, who had crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the decision to …show more content…
It is requested that these orders may be conveyed to the officer concerned under intimation to the Government." By an order dated 15 December, 1969 the services of the appellant Ishwar Chand Agarwal were terminated. The order was as follows: "On the recommendation of the High Court of Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part D' of the Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time". The appellants contend that the Governor as the Constitutional or the formal head of the State can exercise powers and functions of appointment and removal of members of the
Subordinate Judicial Service only personally. The State contends that the Governor exercises powers of appointment and removal conferred on him by or under the Constitution like execute powers of the State Government only on the aid and advice of his Council of Ministers and not personally. The appellants rely on the decision of this Court in Sardari Lal v. union of India & Ors. (1971)3 S.C.R. 461 where it has been held that where the President or the Governor, as the case may be, if satisfied, makes an order under Article 311(2) proviso(c) that in the interest of thesecurity of the State it is not expedient to hold an enquiry
This is a 2000 word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave)
There are certain principles in the constitution that the US Supreme court should rely on when it comes to defining the limits of state and federal authority. To define these limits concepts such as implied powers, checks and balances, separation of powers and limited government will be discussed along with the benefit that comes with their implementation in our government. As these concepts are defined along with their implementation into the government I hope to give the reader a firm understanding of these concepts individual importance within the constitution and society.
Provide the class with the details of the project (location, acres restored, methods used, species benefited if available, etc.). Be sure to integrate what you find with what you are learning in your text and other readings and supplement it with additional research.
The US Constitution is made up of three branches, The Legislative, The Executive and The Judicial, each having a part in the US Constitution. The Legislative Branch makes the law and consists of two houses that are the Senate and the House of Representatives. The Executive Branch enforces the law while the Judicial Branch interprets the laws. All branches were given important powers but not enough for one branch to dominate the other branches and the government, which can be supported, by the first three articles of the US Constitution.
Tarr, G. A. (2014). Judicial Process and Judicial Policymaking, 6th Edition. [MBS Direct]. Retrieved from
After taking the “Constitution Quiz,” I was very disappointed. Not only did I earn a 6/10 on the quiz, but I noticed a relatively low score of 7/10 for the state of California. Considering my performance in school and love for American history, I was embarrassed. I truly believe that this is a legitimate reflection on society’s horrible job of teaching the youth about the government in which they are under. Up until this point in the educational system, we students have not been exposed to the study of our own government or that of any other governmental system. Our knowledge dwindles past the obvious three branches of the U.S. government. Compared to other countries, we are far behind. I traveled to Japan this summer
In the creation of the Constitution, the states had several different reactions, including defensive and understanding reactions. The constitution provided the rights of people, as well as laws of the land. The attention of the document was aimed towards problems the country was facing. However, the document itself was very challenging because it lent itself to many different opinions, views, and interpretations, depending upon who the reader was. It is no puzzle that the founders’ perspectives as, American citizens would play a role in the creation and implementation of The Constitution. Most of the issues in the document were due to cultural, economic, and racial, lifestyles that our country continuously supports,
Novus Ordoro Seclorum is Latin for “a new order for the ages.” Why did Americans select the constitutional order they did in 1787-1789, and why did they reject a more democratic and confederal form not more than a decade old?
The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and
In 2007, when Musharraf filed the reference against CJP Chaudhry before the SJC, the SCP strategically seized this opportunity, to countermand this constitutional mechanism for removal. In its detailed judgment, that came out two years after the short order, the SCP self-invented the jurisdiction to hear a Presidential Reference. The judgment elaborately talks about the defects of the SJC's order of 9th March 2007, that restrained CJP Chaudhry from performing his duties, despite the fact that Article 211, vests exclusive jurisdiction in the SJC to decide questions of the removal of judges, and precludes “any court” from challenging the SJC‘s proceedings, its report to the President, or its recommendation for the removal of a judge. The Court
Basantibai Mohanlal Khetan , the Supreme Court, applied the unamended Article 31C, had inevitably accepted its revival. It would be appropriate here to put the words of the Supreme Court in word-to-word manner, “Let us proceed on the basis that after His Holiness Kesavanada Bharati Sripadagalavaru v. State of Kerala and Minerva Mills Ltd & Ors. v. Union of India & Ors. Article 31C reads as “notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of Article 39 shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Article 14 or Article
Subsequent to having experienced the disgraceful period of aggregate oppression under the Indira Gandhi administration, the judiciary had been endeavouring, following the lifting of the Emergency, to rethink its part as an autonomous establishment. This was done through strides like developing the idea of Public Interest Litigation (PIL) and suo moto intercession by and large including the minimized areas of the general
The Bill confers power upon the DA, the State and Central Public Grievance Redressal Commissions to impose a lump sum penalty, including compensation to the complainant, against the designated official responsible for delivery of goods and services for their failure to deliver goods or services to which the applicant is entitled, which may extend up to fifty thousand rupees which shall be recovered from the salary of the official against whom penalty has been imposed. Such portion of the penalty imposed, shall be awarded as compensation to the appellant, by the Appellate Authority, as it may deem fit. If found guilty of any offence, disciplinary action also shall be initiated against the public servant. Which include punishment and penalty, as decided by the disciplinary authority . In the case of non-redress of complaint, the burden of proof shall be upon the GRO, who denied the request . If the appellate authorities find the grievance complained of is a part of corrupt practice, that shall be referred to the appropriate Competent Authority to take action on such corrupt practice, under the Prevention of Corruption Act, 1988 .
<br>Waheed-ud-Din, quotes, two of Ranjit Singh's orders which highlight his sense of justice and equality for his people. In one order he says, that even if His Highness himself issues an inappropriate order against any resident, it should be clearly brought to the notice of His Highness so that it may be amended......justice should be