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Reservation under Constitution

Reservation under Constitution - Constitutional provisions related to reservation - The provisions related to reservation have been discussed under Articles 15-16, 330-331, 333 and 334 of the Indian Constitution. Which is as follows - Article 15 - Prohibition of discretion on the basis of religion, descent, caste, sex or place of birth - (1) The State shall be against any citizen only on the basis of religion, race, caste, sex, place of birth or any of these Will not discriminate. (2) Any citizen only on the basis of religion, race, caste, sex, place of birth or any of these --- (A) entering shops, public eateries, hotels and places of public entertainment, or (B) shall not be subject to any disqualification, obligation, restriction or condition in relation to the use of wells, ponds, bathrooms, roads and places of public participation, wholly or partially funded by the State Fund or dedicated for the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or article 29 (2) shall prevent the State from making any special provision for the advancement of any section of socially and educationally backward citizens or for the Scheduled Castes and Scheduled Tribes. (5) States cannot make special provisions for admission into government or non-government educational institutions. Article 16 - Equality of opportunity in public planning - (1) There will be opportunity for all citizens in subjects related to employment or appointment to a post under the state. (2) No citizen shall be ineligible in respect of any employment or position under the State on the basis of religion, race, caste, ,origin, place of birth or residence or on any of these grounds. (3) Nothing in this article shall prevent Parliament from reserving any posts of the State for the residents of a State. (4) Nothing in this article shall prevent the State from making provisions for the appointment or reservation of posts in favor of any class of citizens who are not sufficiently in service of the State. (4A) It empowers the State to make reservations in the promotion of Government services for Scheduled Castes and Scheduled Tribes. (4B) It provides that in case of non-filling of reserved vacancies in a given year, they will be treated as separate vacancies the following year and 50 percent reservation limit will not be applicable on such vacancies. Articles 341 and 342 empowers the President to specify Scheduled Castes and Scheduled Tribes. Provision has been made to reserve seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Legislative Assemblies under Articles 330 and 332 It was provided by Article 334 that the provision of reservation of seats for the Scheduled Castes and Scheduled Tribes and the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies will remain in force for ten years from the date of the Constitution's implementation. 

Emergency provision in Indian constitution

Emergency provision in Indian constitution Three types of emergencies have been arranged in Articles 352 to 360 of the Constitution of India. Which is as follows - 1. Threat to the security of the nation. 2. Failure of constitutional machinery in a state. 3. Financial emergency. 1. Threats to the security of the nation - Article 352 of the Constitution of India provides that if the President resolves that such a serious emergency has arisen, which may lead to the security of India or any part of India, war, military attacks. Or if the armed rebellion is endangered, the President may declare this effect by emergency proclamation. If the President resolves the above type of danger, he can still declare an emergency. The President can dismantle or change an earlier proclamation by making a subsequent proclamation. The Emergency Proclamation has to be presented before both the Houses of Parliament. The enforcement of the proclamation ends at the end of one month if Parliament does not approve. The President cannot make any emergency proclamation unless the Central Cabinet's decision to issue such proclamation is communicated in writing. Resolution approving the proclamation by each House of Parliament by a majority of the total members of that House and present. And can only be passed by a 2/3 majority of the voting members. The Emergency Proclamation based on Article 352 was used in 1962, 1971 (war) and 1975 (on the basis of internal peace). Effect of emergency proclamation Emergency declaration has the following effects - 1. Direction by the Union to the State: In case of emergency, the executive power of the Union is extended to instruct the states as to how they should use their executive power. The executive power of the states works under the executive power of the center. 2. The power of the Union to make laws on the subjects of the State List: As long as the Proclamation Proclamation is in force, Parliament has the power to make laws for the entire territory of India or any part thereof in relation to any subject of the State List. Will be. 3. Changes in financial relations: During the period of emergency proclamation, the President can, by order, change the relations between the Center and the States. 4. Increase in the duration of Lok Sabha: At the time of enforcement of emergency proclamation, Parliament may by law extend the term of Lok Sabha for one year. This period cannot be extended more than one year at a time. And after the end of the Emergency Proclamation will end by itself after 6 months. 5. Suspension of Fundamental Rights as provided in Article 19: According to Article 358, when the Emergency Proclamation is in enforcement, then anything from Article 19 shall give the State the power to make such a law or the Executive shall take such action. 6. Suspension of enforcement of Fundamental Rights under Article 359: At the time of enforcement of the Emergency Proclamation, the President may by order declare that any or all of the rights granted by Part 3 shall be suspended.

Failure of constitutional machinery in a state

Failure of constitutional machinery in a state Article 356 of the Constitution of India provides that if a report is received in writing by the Governor of a State to the President or otherwise it is resolved that a situation has arisen in which the constitutional machinery of that state Failure or the rule of the state cannot be carried out in accordance with the provisions of the Constitution, then by President's proclamation - (a) with the State Government Is busy or there is no act or contained in any other body or authority of the State could assume powers themselves. (B) It may declare that the Parliament shall exercise the powers of the State Legislature. (C) may make such relevant and relevant provisions as may be necessary or necessary for the enforcement of the Proclamation. He may also suspend the enforcement of provisions relating to any body or authority in the state, wholly or in part. Every Proclamation is required to be presented to both the Houses of Parliament and the enforcement of such Proclamation ceases after two months, except for the Proclamation declaring the preceding Proclamation, if meanwhile not approved by the Resolutions of both the Houses of Parliament. are given. If at the time of issuing a proclamation or thereafter the Lok Sabha is dissolved without approving such proclamation, and if the Rajya Sabha approves such proclamation, thirty days of the first sitting of the Lok Sabha to be constituted as a result of the general election. The Proclamation remains in force till the end of the period and expires thereafter, even before the expiry of this period, the Lok Sabha does not grant its approval. She would have done it. Period of Enforcement of Proclamation: The period of enforcement of proclamation is 6 months from the last date on which both the Houses of Parliament pass resolutions granting its approval. The period can be extended to six months in a month. If the Lok Sabha is dissolved within a period of six months, the enforcement of the proclamation remains for one month from the date on which the re-constituted Lok Sabha holds its first meeting. However, within this stipulated time, the Rajya Sabha should approve it. The Parliament will decide how long the proclamation should be maintained. The maximum period of enforcement of proclamation in a state is 3 years. The second safeguard is that no House of Parliament can pass a resolution for approval to be extended in the state after one year of emergency unless - (1) No emergency proclamation is in force at the time of passing of such resolution. Be, and (2) the Election Commission should not certify that the continuation of the enforcement of the proclamation under Article 356 is necessary for the period mentioned in the resolution, because in the concerned state Somewhere there are difficulties in providing the general election of the Legislative Assembly. There are two major Supreme Court decisions related to this: - State of Rajasthan v. Union of India 1978 Su Court. s. R. Bommai v Union of India 1994 Su. Court

Effect of contract with minor

Effect of contract with minor As per Section 3 of the Indian Adults Act, a minor is a person who is under 18 years of age. Nature of Minor Contracts According to the Section 11 Indian Contract Act, every person is competent to enter into a contract which is in accordance with the law to which it is subject, and which is a healthy mind, and is not disqualified from contracting by any law to which it is subject. Ho. There has always been a difference of opinion on whether the contract of a minor was null or voidable from the beginning. But in the plea of ​​Mohri Bibi v. Dharmadas Ghosh (1903), the Privy Council abolished the differences and ascertained that the contract of a minor was void from the very beginning. Dharmadas who was a minor. He had taken a mortgage deed of Rs 10,500 from a Mahajan Brahmadatta in Calcutta. At the time of writing the mortgage, the agent of Brahmadatta had come to know about Dharmadasa's minorities. But despite this, the deed was written. On behalf of the minor, his mother pleaded that the mortgage deed be canceled, as it was executed by the minor. During the suit, Brahmadatta died and his place was received by his wife Mohari Bibi and the case continued. It was determined that the contract entered into by the minor is void from the beginning. Principle of substitution The Lahore High Court had decided in the case of Khangul v. Lakha Singh that the principle of substitution would apply to the contract of minor. But the Allahabad High Court refused to implement the decision of the Lahore High Court in the case of Ayodhya Prasad v. Chandan Lal Ai Ara 1937 Ila. Ratification Contracts made by minors cannot be endorsed. But even in adulthood, the agreement of minors can be enforced by obtaining some money and if the agreement of the minor is ratified. But according to Section 68 Indian Contract Act, if any person who is unable to contract or someone whom he is legally bound to maintain, is provided with the necessary items worthy of his position in life by another person. If she goes, then she is entitled to be repaid from the property of such incapable person.

Contract in India Definition of contract

How is the contract in India / Contract in India Definition of contract - As per Section 2 (h) of the Indian Contract Act, an agreement enforceable by law is a contract. Essential elements of contract (1) There is an agreement. (2) enforceable by agreement law. (1) Agreement - Every word or class of promise which is a reward for each other is called a contract. (2) Agreements enforceable by law - According to Section 10, all those agreements are contracts which are made for the lawful purpose and for the lawful purpose with the independent consent of the competent parties to the contract and are not expressly declared void. Are. Therefore the following conditions must be fulfilled for a valid contract - (1) The parties should be competent. (2) Opinion should be independent. (3) The reward and purpose should be lawful. (4) Should not be declared as void. (5) If required, the agreement should be written and registered. Difference in agreement and contract 1. Related to definition - Contracts enforceable by law are contracts whereas each class of promises and words which are a reward for each other is called agreement. 2. Field related - All contracts are agreements whereas all agreements are not contracts. Only agreements enforceable by law are contracts. 3. Related to effect - The contract always has binding effect on the parties to the contract whereas the agreement does not always have binding effect. 4. Enforceable - Contract is enforceable by law whereas contract is not enforceable by law. Difference between null and voidable contracts 1. Zero contracts are not enforceable by law whereas voidable contracts are enforceable only at the will of one party. 2. Period of Validity - Zero contracts are void from inception whereas voidable contracts remain valid till the aggrieved party declares void. 3. With respect to rights - Under the void contract, the parties do not get any legal right whereas in the voidable contract, the aggrieved party has the right to terminate the contract and get compensation in some cases. 4. Transfer of Rights - In a void contract, the third party does not get any right whereas in a voidable contract the third party can get good rights.