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A Must for All Defence Candidates Elections In India And The Electoral Reforms

A Must for All Defence Candidates Elections In India And The Electoral Reforms

A Must for All Defence Candidates Elections In India And The Electoral Reforms

ELECTION IN INDIA AND ELECTORAL REFORMS
Electoral Bonds To Cleanse Political Funding These Bonds Are Bearer Instruments Like A Promissory Note And An Interest Free Banking Instrument. It Will Not Carry Name Of Payee. These Electoral Bonds Can Be Bought For Any Value In Multiples Of 1,000, 10,000, 1lakh ,10 Lakh Or ,1 Crore After Fulfilling All Existing Kyc Norms. It Can Be Purchased By Any Citizen Or A Body Incorporated In India. Only Political Parties That Are Registered Under Section29 Of Rpa 1951 And Have Secured Not Less Than 1% Of Votes Polled In Last Election Of Lok Sabha Or Legislative Assembly, Can Encash Electoral Bonds Through Their Bank Accounts Only.
These Bonds Will Have A Life Of 15 Days ,I.E The Political Party Will Have To Ancash Them Within 15 Days.
Only Few Authorized Branches Of State Bank Of India Can Sell These Bonds.
A Totaliser Machine Is A Mechanism Which Allows Votes From Several Booths To Be Counted Together.
The Objective Is To Save Voters From Pre-Poll Intimidation And Post –Poll Harassment. Currently, The Votes Cast Via Evms Are Counted On Individual Booth Basis. Before The Introduction Of Evms Ballot Papers Were Often Mixed To Prevent Intimidation Of Voters By Disclosure Of Voting Pattern. It Has Been Recommended By The Election Commission (In 2008) As Well As Law Commission (In 2015).
Special Courts For Trying Politicians.
To Supreme Court Accepted Centre’s Scheme To Set Up 12 Fast Track Courts To Exclusively Prosecute And Dispose Criminal Cases Pending Against Mps &Mlas Within A Year.
Section 29 A Of Rpa
Section 29a Of Representation Of People Act, 1951 ,Lays Down Various Provisions In Regards To The Registration And Recognition Of Political Parties Of India.
Any Association To Be Registered As A Political Party Needs To Conform In Form Only To The Provisions Of The Constitution ,Especially To The Preamble,Which Are Considerably Lenient And Has Ultimately Led To Ruthless Mushrooming Of Many Political Parties In The Country Since The Election Commission Has No Option Except To Register.
A Private Member Bill Proposes That Members Of Parliament Declare Their Assets Within 90 Days After Their Tenure Ends.
At Present ,Elected Candidate Of The Two Houses Of Parliament Have To Declare Their Assets And Liabilities Within 90 Days From The Date On Which They Take Their Seat.
Earlier,The Supreme Court Had Also Demanded The Necessary Information Against Politicians Whose Assets Have Taken A Massive Jump By As Much As 500% Between Two Elections And Asked Cbdt To Probe The Issue.
In February 2018 The Supreme Court Ruled That Politicians, Their Spouses And Associates Declare Their Sources Of Income Along With Their Assests,In Order To Qualify For Contesting Elections. It Also Directed The Government To Set Up A Permanent Mps And Members Of Legislative Assemblies Mlas Their Spouses And Associates.
Polity And Goverance The Supreme Court Has Upheld Passive Euthanasis And The Right To Give Advance Medical Directives Or Living Wills.
Passive Euthanasia Was Recognised By The Sc In Aruna Shanabung Case In 2011. It Is The Last It Is The Sc In Aruna Shanbang Case In 2011. It Is The Act Of Withdrawing Of Witholding Medical Support To A Dying Patient Who Has No Hope For Revival Or Cure.
The Court Has Ruled In Common Cause V. Union Of India Case That The Fundamental Right To Life And Dignity Under Article 21 Of The Constitution includes The Right To Die With Dignity.
The Court Has Inkoved Its Inherent Power Under Article 142 Of The Constitution To Grant Legal Status To Avance Directives And Its Directives Will Hold Good Until Parliament Enacts Legislation On The Matter.
Active Euthanasia Is When Death Is Brought About By An Act For Example When A Person Is Killled By An Overdose Of Painkillers. Passive Eithanasia Is When Death Is Brought About By An Omission-I.E When Someone Lets The Person Die.
The Supreme Court Has Observed In A Judgement That The Sc/St Act Has Become An Instrument To Blackmail Innocent Citizens And Public Servants.
According To Recent Judgement,No Arrest Should Be Made Without The Written Permission Of The Offical Appointing Authority With Respect To Public Servants; And For Private Citizens The Senior Superintendent Of Police In The District Should Approve The Arrest.
LAW COMMISSION OF INDIA
The Law Commission Shall, On A Reference Made To It By The Central Government Or Suo –Motu Undertake Research In Law And Review Of Existing Laws In India For Making Reforms Therein And Enacting New Legislation.
The First Suh Commission Was Established In 1834 Under The Charter Act Of 1833 Under The Chairmanship Of Lord Macaulay That Recommended Codification Of The Penal Code And The Criminal Procedure Code.
The First Law Commission Of Independent India Was Established In 1955 With The Indian Was Established In 1955 With The Ithen Attorney General Of India M.C Setalved ,As Its Chairman.
The Law Commission Of India Is A Non-Statutory Body Constituted Every Three Years By The Government Of India.Its Recommendedations Are Binding Upon The Government.
The Government Constituted 21st Law Commission Of India For A period Of Three Years W.E.F. 1st September 2015 To 31st 2018.It Is Headed By Justice B.S Chauhan.
Who Will Head The Law Commsiion Is Completely At The Discretion Of The Government .However ,It Is A Convention That A Retired Judge Of Supreme Court Heads India’s Law Commission. Further The States Also Can Consitute Their Own Law Commissions.
Recent Important Issues And Related Reports Of The Law Commission
170 –Inner Party Democracy/Simultaneous Polls
235- Conversion/Reconversion To Another Religion Mode Of Proof
241- Passive Euthanasia
243-Section 498a, Ipc( Anti-Dowry Law)
255- Electoral Reforms
262- Death Penalty
267- Hate Speech
272- Tribunals
RIGHT TO PRIVACY
In Justicek.S Puttaswamy (Retd).V.Union Of India, A Nine Judge Constitution Bench Of The Supreme Court Ruled That Right To Privacy Is An Intrinsic Part Of Life And Liberty Under Article 21. However ,The Court Held That Privacy Is Not An Absolute Right.
Earlierm.P Sharma (8-Judge Bench) And Kharak Singh(6 Judge Bench) Cases Delivered In 1954 And 1961 ,Respectively Held That Privacy Is Not Protected Under The Constitution.
By Making Privacy An Intrinsic Part Of Life And Liberty Under The Article 21, It Isn Not Just Citizens But Anyone ,Whether An Indian National Or Not,Can Move The Constitutional Courts Of The Land Under Articles 32 And 226 To Get Justice.
A Committee Of Experts Was Constituted Under Justice A P Shah To Study The Privacy Laws& Make Suggestions On Proposed Draft Bill On Privacy 2011..
The Government Formed A Committee On Data Protection Framework For India Under Justice B.N Srikrishna In August 2017.
ARTICLE 35A
Article 35 A Is A Provision Incorporated In The Constitution Giving The Jammu And Kashmir Legislature An Unrestricted Authority To Decide Who Al Are Permanent Residents Of The State And Confer Them Special Righrs And Privileges In Public Sector Jobs ,Acquisition Of Property In The State, Scholarship And Other Aid And Welfare.
The Provision Mandates That No Act Of The Legislature Coming Under It Can Be Challenged For Violating The Constitution Or Any Other Law Of The Land.
Article 35a Was Incorporated Into The Constitution In 1954 By An Order Of The Then President Rajendra Prasad On The Advice Of The Jawaharlal Nehru Cabinet.
The Presidential Order Was Issued Under The Article 370(1) (D) Of The Constitution.
Recently It Was In News For Two Separate Petitions In The Sc.In 2014 It Was Challenged On Grounds In The Sc.In 2014 It Was Neither Presented Before The Parliament Nor Added To The Constitution Through Amendent Under Article 368. In Another Case In 2017,Two Kashmiri Women Argued That The State’s Laws Flowing From Article 355a,Had Disenfranchised Their Children.

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Er. HartaJ is one of the main Instructors and a part of the team At NCA. He himself has cleared the SSB process thrice, but as per his grandfather's Late Lt. Col H.S.Dhaliwal Wish he is continuing teaching and making officers. Been associated with New Careers Academy for the last 8 years, he also has been succefull in making Second and Third Generation Of officers. Once Taught by his Grandfather and Father Capt. Dhaliwal. He is know all across with students for the way he teaches and he is more of a role model for them .