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Constitution of India-English

India, also known as Bharat, is a Union of States.It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.

The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.

The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). Every State has a Legislative Assembly. Certain States have an upper House also called State Legislative Council. There is a Governor for each state who is appointed by the President. Governor is the Head of the State and the executive power of the State is vested in him. The Council of Ministers with the Chief Minister as its head advises the Governor in the discharge of the executive functions. The Council of the Ministers of a state is collectively responsible to the Legislative Assembly of the State.

The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residuary powers vest in the Parliament. The centrally administered territories are called Union Territories.

 

Constitution of India: English

 

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Right to Information Corner
  • RTI Happenings: Uttar Pradesh: फर्जी प्रमाण पत्र से हथियाया ठेका, जनसू&#2As reported in Daily News Activist on 20/05/13 Image: http://www.dailynewsactivist.com/epaperimages/2052013/2052013-md-hr-2/D102473462.JPG Source: Details (http://www.dailynewsactivist.com/Details.aspx?article=True&boxid=102473462&ID=24968)
  • Deccan Herald First Edit: Draconian actPublished in Deccanherald.com on May 20, 2013 Draconian act (http://www.deccanherald.com/content/333387/draconian-act.html) *The arrest of Jaya Vindhyala, president of the People’s Union for Civil Liberties(PUCL) in Andhra Pradesh, is the latest case of arbitrary and highhanded police action to restrict freedom of expression.* The case specifically involved online freedom of expression because the alleged offences related to a posting on a Facebook page. Vidhyala had made a posting critical of Tamil Nadu governor K Rosaiah and an AP legislator Amanchi Krishna Mohan. While the same information published by the local print media had invited only a notice of legal action, its online publication has invited arrest and prosecution. It is difficult to understand how there can be different standards of response to the same information in two forms of media. Online media postings are made by individuals and they are more vulnerable. Freedom of expression is basically the individual’s freedom to express opinions and it should be guaranteed and protected, whatever the medium of expression. While dealing with the case, the Supreme Court has directed state governments to not arrest anybody for a post on a networking site unless the action is cleared by senior police officials. But this is no relief because senior police officials are also vulnerable to pressure from political authorities who are offended by postings in online media, as in this case. Vindhyala’s postings contained only matters revealed under the RTI Act and other information in the public realm. And yet she is being prosecuted. This is because Section 66 A of the Information Technology Act, under which the action was taken, is very restrictive and draconian. The section in effect differentiates between an ordinary citizen and a person who uses social media for comment. While the citizen has a defence under Section 19(1)(a) of the Constitution and other relevant provisions of the law, the netizen can be proceeded against under Section 66 A. This is anomalous because social media is actually gaining more popularity and importance than conventional media and they provide an empowering forum for individuals. This section should be removed from the IT Act because it is discriminatory and liable to be misused, whatever the guidelines that are given to the police. A number of cases of highhanded actions under the provision have come to light, including the arrest of two girls in Maharashtra who questioned the shutting down of Mumbai in the wake of Bal Thackeray’s death. Union Law minister Kapil Sibal’s recent assurances on the bill in parliament were not convincing.
  • RTI Court Decision: Punjab: HC grants stay against info panel orderReported by Hindustantimes.com on May 19, 2013 HC grants stay against info panel order – Hindustan Times (http://www.hindustantimes.com/Punjab/Ludhiana/HC-grants-stay-against-info-panel-order/SP-Article1-1062741.aspx) The Punjab and Haryana high court on Friday granted a stay against the order of the Punjab State Information Commission dated March 12, vide which the Dayanand Medical College and Hospital (DMCH) was declared a public authority under the Right to Information Act. The commission had passed its order on two complaints filed by Rohit Sabharwal of Ludhiana and Dr Sandeep Kumar of Hisar in Haryana. The complainants had claimed that being a charitable institution, the DMCH was availing itself of certain exemptions, including house tax, income tax and stamp duty. The commission held that this amounted to indirect funding by the state government, thus the DMCH was a public authority. The DMCH challenged the order in the high court saying the commission had no jurisdiction to review its earlier decisions, so it was not a public authority. The DMCH petition was taken up for hearing by the bench of Justice TS Dhindsa, who granted the stay against the order of the commission, while issuing notices to the commission and the two complainants for July 24.
  • J&K: Dates announced for State level RTI program**Dates announced for State level RTI program** Reported by risingkashmir.in on 20.05.2013 Dates announced for State level RTI program (http://www.risingkashmir.in/news/dates-announced-for-state-level-rti-program-47517.aspx) *Jammu, May 19:* The 2-day training program on Right to Information Act shall commence from May 28 to 29 of this month, as per information issued by Sangarsh RTI Movement today. The program is open for students of law/social sciences, NGO members, women rights/social activists, legal professionals, senior citizens and journalists, A press release of the Sangarsh RTI Movement read. “During the training program the participants shall be given complete knowledge of the RTI act and the rules. Subject experts and faculty from Commonwealth Human Rights Initiative (CHRI) New Delhi shall also interact with the participants and would apprise them about the global scenario of the act,” press release further read. The Sangarsh RTI group told Rising Kashmir that the motive of organizing such event is to give free RTI education to the citizens so that they can further spread it amongst the masses. “The organization has invited nominations of candidates who are interested to join the course. Interested candidates have been advised to contact its member Balvinder Singh on 94191-95295 or Raman Sharma on 9086232994 before May 23 for completion of formalities.
  • RTI Happenings: Uttar Pradesh: महिलाओं को झूठ का सुरक्षा कवचAs reported in Dainik Jagran on 20/05/13 Image: http://epaper.jagran.com/epaperimages/20052013/Meerut/19MRT-pg3-0/d3090.png Source: Story (http://epaper.jagran.com/ePaperArticle/20-may-2013-edition-Meerut-page_3-12094-3090-29.html)
  • How to find registered propertyHI All, How to know whether the property is registered or not. I have a house in Wangani, Ambernath Taluka, Thane Zilla. Is there any documents that we need to take or get stamped from GramPanchayat of Wangani so that we have a complete proof that, the property is not illegal. Thanks in advance
  • RTI Help: Applied RTI under Life and Liberty and no intimation even after 4 daysHi All, I have applied for medical records under RTI from June 2008 under Life and Liberty clause of RTI act on Monday, 13th April 2013 but till today I have not received any intimation if the request has been accepted or rejected. What should be my next course of action? N.B: The information is been requested from Karnataka Central Prisons authority and Dr. Ambedkar Medical college, KG Halli, Bangalore DR.B.R. Ambedkar Medical College (http://www.bramc.org/) KARNATAKA PRISONS (http://www.karnatakaprisons.kar.nic.in/) Thank you,
  • how can i get my incoming and outgoing call detailshi i m using bsnl prepaid no. i want my incoming and outgoing call detail from bsnl .what can i do.
  • RTI Help: Whom to write for getting clarification for ex service man age relaxationSir i want to know whom i should write for clarification regarding age relaxation for ex serviceman in group a and group b posts in central govt and public sector like banks.
  • RTI Happenings: Punjab: डीएमसी को आरटीआई पर कोर्ट से मिला स्टे**डीएमसी को आरटीआई पर कोर्ट से मिला स्टे** Reported by bhaskar.com on 19.05.2013 http://www.bhaskar.com/article/PUN-OTHc-110-621435-NOR.html लुधियाना-!-पंजाब एंड हरियाणा हाईकोर्ट ने दयानंद मेडिकल कॉलेज व अस्पताल को आरटीआई के तहत लाने के निर्णय पर स्टे लगा दिया है। हाईकोर्ट ने यह फैसला 12 मार्च 2013 को स्टेट इंफार्मेशन एक्ट कमिशन के आदेश के खिलाफ सुनाया है। लुधियाना के आरटीआई एक्टीविस्ट रोहित सभ्रवाल व हिसार के डॉ.दीप कुमार ने अस्पताल को आरटीआई के तहत लाने के लिए एक याचिका दायर की थी। इसमें कहा गया था कि डीएमसी अस्पताल खुद को चैरिटेबल ट्रस्ट बताकर हाउस टैक्स, इनकम टैक्स और स्टांप ड्यूटी से छूट पा रहा है। इसलिए डीएमसी को आरटीई की अधीन लाया जाए। लेकिन बाद में डीएमसी ने इस फैसले को हाईकोर्ट में चुनौती दी और उसे स्टे मिल गया।
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