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UPSC Law Optional Mains Current Affairs

Current Affairs UPSC Law Optional Mains on SC/ST Act | Contemporary legal development

Current Affairs UPSC Law Optional Mains on SC/ST Act | Contemporary legal development  SC/ST Act: Work towards increasing conviction rate What happened ? Police officials and Law departments are instructed by CM B.S. Yediyurappa to register FIR’s without any kind of delay in cases of atrocities under SC/ST Act because conviction rate of cases under this Act is only 6%. MAJOR PROVISIONS TO NOTE Atrocity defined | Section 2(1)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 defines ‘atrocity’ as an offence punishable under Section 3 of the Act. Constitutional link | Further Section 2(1)(c) provides that ‘Scheduled Castes and Scheduled Tribes’ shall have the same meaning as assigned to them under clause (24) and (25) of Article 366 of the Constitution. Article 366(24) of the Constitution provides ‘Scheduled Castes’ means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of Constitution of India. Article 366(25) of the Constitution provides ‘Scheduled Tribes’ means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution. Article 341 and 342 provides that President may after consultation with the Governor specify who shall be deemed to be Scheduled Castes or Scheduled Tribes respectively. Punishment | Section 3 of the SC/ST Act provides atrocities which shall be an offence under this Act and punishable accordingly. Section 14 of the Act provides for setting up special courts to deal with cases under this Act. Provision to prevent delay | The Act provides that investigation shall be completed within 60 days and then without any delay the police shall file charge sheet before the court. So that trial should not get delayed. RECENT AMENDMENTS | The Act has been amended in 2018 and new Section 18A has been inserted. Section 18A provides- 1)For the purposes of this Act, Preliminary enquiry shall not be required for registration of a First Information report against any person, or The investigating officer shall not require approval for the arrest if necessary, of any person, Against whom an accusation of having committed an offence under this Act has been made and no procedure other than provided under this Act or Code shall apply. MAJOR POINT TO NOTE : The provisions of Section 438 of the Code of Criminal Procedure shall not apply to a case under this Act. It means anticipatory bail cannot be granted in case of an offence under SC/ST Act except in the cases where complaint does not cover prima facie case under SC/ST Act. RECENT CASE LAW : Prithvi Raj Chauhan v. Union of India, 2020 SC also says the same. Despite making stringent legislation, the crime against such communities is neither eradicated nor accused are convicted in majority of the cases. Keeping this in mind, the CM of Karnataka organized a meeting to create awareness about the Act and directed police to register FIRs immediately whenever any atrocity is committed against SC or ST ad released huge amount for victim compensation. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link :"https://bit.ly/3kjznEe"

UPSC Law Optional Mains Current Affairs

Centre brings Ordinance to set up permanent Commission to tackle air pollution In Delhi NCR

Centre brings Ordinance to set up permanent Commission to tackle air pollution In Delhi NCRPresident of India in October 2020 signed an Ordinance brought by the Central Government to set up a permanent commission to tackle air pollution in Delhi-National Capital Region and adjoining areas. Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance 2020 What this ordinance does ? The ordinance stipulates an eighteen-member commission called the "Commission for Air Quality Management in National Capital Region and Adjoining Areas" to be set up. Who will be its Chairperson? It will be headed by a Chairperson appointed by the central government. A person who is or has been a Secretary to the Government of India or Chief Secretary to a State Government will be Chairperson. Place of the commission ? The commission which will be headquartered at Delhi, will comprise representatives from the States of Punjab, Haryana, Uttar Pradesh and Rajasthan. Powers of the commission ? It will have powers to "take all such measures, issue directions and entertain complaints for the purpose of improving and protecting the air quality of Delhi-NCR". What is the effect of violation of orders of commission ? The violation of the orders of the Commission are punishable with imprisonment for a term which may extend upto five years or fine which may extend up to Rupees One Crore or both. Who sits as appeal from commission ? The appeals from the orders of the Commission will go to the National Green Tribunal and jurisdiction of civil courts over it has been barred. Interesting jurisdiction of the Commission | The commission will supersede all the other bodies and authorities formed through judicial orders or otherwise on the aspect of air quality management and this commission will have exclusive jurisdiction in this domain. Superiority of the Commission | In case of any conflict between orders and directions passed by this commission and by State governments, the Commission's orders will prevail. RELATING CURRENT AFFAIRS WITH STATIC LEGAL PROVISIONS Relevant Provisions Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedures established by law. Article 48A: Protection and improvement and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country Relevant Case Subash Kumar State of Bihar- (1991) 1 SCC 598à the Court observed that 'right to life guaranteed by article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : "https://bit.ly/3kjznEe" 

UPSC Law Optional Mains Current Affairs

Governor to decide on Rajiv Gandhi murder case | UPSC Law Optional Mains Current Affairs

Governor to decide on Rajiv Gandhi murder case | UPSC Law Optional Mains Current Affairs  CURRENT AFFAIRS | OCTOBER 2020 | GOVERNOR TO DECIDE PARDON TO CONVICTS IN RAJIV GANDHI ASSASSINATION CASE WHAT HAPENNED ? In A G Perarivalan v. Ministry of Home Affairs, also called Rajiv Gandhi Assassination case, Perarivalan was sentenced to life imprisonment and therefore he filed a petition for pardoning the sentence under Article 161. But this petition was not decided for over more than two years. Therefore, Supreme Court expressed its unhappiness and said that the Multi-Disciplinary Monitoring Agency (MDMA) investigation into the larger conspiracy behind Rajiv Gandhi assassination in 1991 need not deter the TamilNadu Governor from declining the plea for pardon of sentence of convicts. RELATING THE CURRENT AFFAIRS WITH STATIC LAW PORTIONS Relevant Legal Provision : Article 161 Indian Constitution Governor’s pardoning powers | Article 161 of the Indian Constitution provides empowers the Governor to grant pardons, reprieves, respites or remissions or suspend or commute the sentence of persons convicted of any offence against law relating to matter to which the executive power of the State extends. Limitations on his pardoning power : But he cannot pardon death sentence. He cannot pardon the punishment awarded by court-martial. Governor’s decision is subject to judicial review. Governor can either grant or reject the mercy petition. FEW RECENT AND LAND MARK CASES ON THE POINT Result of inordinate delay | In Shatrughan Chauhan and Ors. v. Union of India,2014  the court held that undue and unexplained delay in deciding mercy petitions was a legitimate ground for the death row convicts to approach the Apex court seeking commutation of death penalty to life imprisonment. It also held that undue delay violates Article 21 of the prisoners. In 2014, the Supreme Court had commuted death sentence of three convicts due to delays in deciding their mercy petitions. Power not absolute | In Dhananjoy Chatterjee v. State of Bengal, the Supreme Court reiterated that power under Article 161 is exercised by State government and not be Governor on his own. The advice of State government binds the head of State. The powers under Article 161 can be challenged on the following grounds as stated in Epuru Sudhakar v. Govt. of A.P. and Ors.- That the order was passed without applying the mind. That the order is malafide. That the order has been passed on extraneous or wholly irrelevant considerations. That order passed is arbitrary. That the relevant material was not considered. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : "https://bit.ly/3kjznEe"

UPSC Law Optional Mains Current Affairs

INDIA'S REPLY TO UNCHR | INTERNATIONAL LAW CURRENT AFFAIRS | UPSC LAW OPTIONAL MAINS

INDIA'S REPLY TO UNCHR | INTERNATIONAL LAW CURRENT AFFAIRS | UPSC LAW OPTIONAL MAINSINDIA REPLIES TO UNHCR CHIEF’S CRITICISM Recent amendment in Foreign Contribution (Regulation) Amendment Act drew a criticism from UN High Commissioner for Human Rights.UN High Commissioner for Human Rights Michelle Bachelet raised the closure of Amnesty International after it was found to be in violation of FCRA rules. Michelle Bachelet also asserted that, Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalized or outlawed.Responding to the criticism, India asserted that India is a democratic polity based on the rule of law and an independent judiciary. The framing of laws is obviously a sovereign prerogative. The Foreign Contribution (Regulation) Amendment Act 2020 The Foreign Contribution (Regulation) Amendment Act 2020 has been notified by the Central Government (Government) on 29 September 2020, to amend certain provisions of the Foreign Contribution (Regulation) Act 2010 (Act / FCRA). Provisions of the Bill: The Bill bars public servants from receiving foreign contributions. The Bill prohibits the transfer of foreign contribution to any other person. The term ‘person’ under the Bill includes an individual, an association, or a registered company.The FCRA 2010 allows transfer of foreign contributions to persons registered to accept foreign contributions.The Bill makes Aadhaar number mandatory for all office bearers, directors or key functionaries of a person receiving foreign contribution, as an identification document. In case of a foreigner, a copy of the passport or the Overseas Citizen of India card for identification is required.The Bill states that foreign contribution must be received only in an account designated by the bank as FCRA account in such branches of the State Bank of India, New Delhi. No funds other than the foreign contribution should be received or deposited in this account. The person may open another FCRA account in any scheduled bank of their choice for keeping or utilizing the received contribution.The Bill allows the government to restrict usage of utilized foreign contribution. Bill proposes that not more than 20% of the total foreign funds received could be defrayed for administrative expenses. In FCRA 2010 the limit was 50%.The Bill allows the central government to permit a person to surrender their registration certificate. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8App link : "https://bit.ly/3kjznEe" 

UPSC Law Optional Mains Current Affairs

EVICTION OF RESORTS IN ELEPHANT CORRIDOR | UPSC LAW OPTIONAL MAINS CURRENT AFFAIRS | ENVIRONMENTAL LAW

EVICTION OF RESORTS IN ELEPHANT CORRIDOR | UPSC LAW OPTIONAL MAINS CURRENT AFFAIRS | ENVIRONMENTAL LAW EVICTION OF RESORTS IN ELEPHANT CORRIDOR | UPSC LAW OPTIONAL MAINS CURRENT AFFAIRS | ENVIRONMENTAL LAW The Elephant corridor situated in Sigur Plateau, connecting Western and Eastern Ghats is famous for large population of Elephants in Tamil Nadu. It is a nomadic survival place for Elephants in the form of forest. Issue | The private land owners and resort owners wanted to use this forest reserve for commercial purposes. But these commercial activities became a hindrance in way Elephants as they could not move freely due to set up of buildings in their natural habitat. Legal provisions : The Constitution as well as Environment law protects and safeguards the forests and wildlife of the country. This is also enunciated under Article 48A of the Constitution. Article 21 provides protection of rights of animals.In Animal Welfare Board of India v. Nagaraja & ors., the court extended Article 21 to animals, and conferred that animals shall not be arbitrarily deprived of their rights. Article 51 A states fundamental duty on every citizen of India to have compassion for living creatures.The principles of Environmental law also provides for protection and preservation of environment and animals.The precautionary principle makes it mandatory for the state government to anticipate and prevent degradation to environment. Decision of court The case came before the Madras High court which followed the government order and held that Elephant corridor should be preserved and the migratory path of animals through Nilgiri biosphere reserve should be protected. 32 appeals were filed against this decision before the Supreme Court. The apex court upheld the decision of Madras High Court and said, “It it is the duty of state government to protect a keystone species like Elephant, which is immensely important for the environment.” Thus, the court evicted 39 resorts that restricted the path of Elephants. The Chief Jusice India also said that Elephant is a gentleman and man should give way for the Elephant. The case is reserved for judgment on 22 January, 2021. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link :  https://bit.ly/3kjznEe

UPSC Law Optional Mains Current Affairs

PIL to protect Sexual Assualt against Transgender - UPSC Law Optional Mains Current Affairs

Legal provision for Protection of transgender from sexual assault Issue The issue before the Supreme Court is that penal provisions that make a person liable for sexual crimes or assault or harassment does not include transgender as victims in that category. No provision has been made to protect transgenders against sex crimes. Plea raised for penal laws to protect transgender from sexual assault Plea has been raised before the Supreme Court of India that there are no penal provisions in cases of sexual assault against transgenders. It is stated that although transgender people are declared as ‘third gender’ yet no law has been enacted to protect them against sexual assault. Neither IPC nor any other criminal law provides offences against transgender, transsexuals etc. Constitutional validity of certain clauses of Section 354A is also challenged that it excludes transgender victims of sexual harassment. The apex court has asked the government to respond to the plea so as to ensure equal protection. Laws supporting transgender Articles 14, 15, 16, 19, 21 of the Indian Constitution provides equal treatment and rights against discrimination on grounds of race, caste, religion, community, gender etc. Article 21 protects rights to life and liberty and provides right to live with dignity to every person irrespective of their gender. Transgender Persons (Protection of Rights) Act, 2019 prohibits any kind of discrimination based on sexual orientation and gender identity. The Transgender Persons (Protection of Rights) Rules, 2020 protects rights of transgender people by granting them recognition and making provisions for their welfare. It provides for issuing identity certificate to transgender persons, provides for equal opportunities in employment, safe working environment and that there must not be any kind of discrimination in employment matters. Whether penal provisions under IPC applies to transgender victims Section 8 of IPC, provides definition of gender as- “the pronoun he and it’s derivative are used of any person whether male or female” Thus, it does not include, transgender persons. Similarly Section 10 provides that, ‘man’ denotes a male human being of any age; ‘woman’ denotes a female human being of any age. This makes it clear that the penal provisions under IPC do not protect the interest of transgender. The same thing applies to other legislation too. Important judgments on transgender Naz Foundation v. Government of NCT Delhi, known as Naz judgment declared Section 377 of IPC as unconstitutional stating it to be violative of Article 14, 15 and 16 of the Constitution. KS Puttaswamy v. Union of India- Right to privacy was declared as fundamental right and integral part of Article 21 and it was extended to every individual irrespective of their gender and sex thus including LGBTQ also. NALSA v. Union of India- The Supreme Court declared transgender individuals as ‘third gender’ under the Indian Constitution. In Navtej Singh Johar v. Union of India, Section 377 of IPC, decriminalized consensual sexual acts if persons are above 18 years of age and competent to give their consent. Arun Kumar v. Inspector General of Registration, Tamil Nadu- In this case, the Madras High Court held that under Hindu Marriage Act, bride includes trans women also. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : "https://bit.ly/3kjznEe"

UPSC Law Optional Mains Current Affairs

Does Constitution secure the job of domestic workers during pandemic - UPSC Law Optional Current Affairs

Does Constitution secure the job of domestic workers during pandemic - UPSC Law Optional Current Affairs UPSC Law Optional Mains Current affairs - Rights of Domestic workers post lockdown What happened? Due to outburst of Covid-19, country faced national lockdown and every person had to sit at home. Although this had adversely affected almost every section of the society as well as other sectors yet domestic workers plight is different as they have lost their jobs. Reason | This has happened because their jobs were not secure and pandemic lockdown is the reason for it. Domestic workers have faced not only financial crisis but have been denied salaries and has suffered harassment on the hands of employer. Issue : Domestic workers do not have a legal regime that protect their job Step for remedy | The issue of safeguarding rights of domestic workers has emerged out under Resident Welfare Associations. Different surveys have shown that domestic workers were not sure that they would be called back on work after lockdown will end. Therefore, 17 organizations and unions have come forward to form the Network of Rights and Voices of Domestic Workers. Remedy suggested National and regional campaigns can raise awareness amongst employers and employees about rights of domestic workers and reduce exploitation. Government must make legislations protecting rights of domestic workers and harassment at the hands of employers and impose penalties if any person deducts salary of employees unreasonably or tortures them. Domestic workers should be aware of fair working hours and should be paid more for working beyond these hours. Legal provisions. CONSITUTIONAL PROVISION : Article 23 of the Constitution prohibits trafficking in humans as children or adults both man and woman are trafficked for forced labour or to work as slaves.The Directive principle for state policy under Article 39(e) ensures that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.Article 39(f) provides for protecting children from exploitation. Article 39(d) provides for equal pay for equal work irrespective of sex. Domestic workers still suffer and their rights are protected irrespective of so many legislations. STATUTORY ACT : Domestic Workers (Registration Social Security and Welfare) Act, 2008 provides that every registered domestic worker should receive pension, maternity benefits and paid leave i.e. paid weekly off. Section 22 of the Act, 2008, a domestic worker living in the house is entitled to annual leave with wages for at least 15 days during the year. Section 23 provides that any person who sexually harasses domestic worker or child will be punishable with imprisonment for not less than six months and which may extend upto period of 7 years or with a fine of Rs. 50000, or both. Domestic Workers Recommendation, 2011 adopted by ILO affirmed fundamental rights of domestic workers which were binding for signatory nations. WHAT OTHER COUNTRIES DO ? Different nations have their own legislations to protect domestic workers irrespective of loopholes in them as in India still there is no proper legislation protecting or safeguarding rights of domestic workers. Countries like Canada, Philippines are considered to have good laws to protect and safeguard rights of domestic workers.Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8App link :https://bit.ly/3kjznEe

UPSC Law Optional Mains Current Affairs

FARMER'S BILL - UPSC LAW OPTIONAL MAINS CURRENT AFFAIRS

                                                                   PAPER 1 UPSC LAW OPTIONAL MAINS                                                                        SUBJECT : INDIAN CONSITUTION ARTICLE 1 | SUDDEN, ORGANIC PROTESTS SHOULD NOT AUTOMATICALLY INVITE THE STATE’S STRONG ARM What happened ? With reference to Shaheen bagh protest, Supreme Court has ventured to hold that any such indefinite blockade of a public pathway is unacceptable. And that the administration ought to take action to remove “encroachments and obstructions” placed during such protests. Relevant provisions: The Right to protest peacefully is enshrined in the Indian Constitution—Article 19(1)(a) guarantees the freedom of speech and expression; Article 19(1)(b) assures citizens the right to assemble peaceably and without arms.Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.              .These reasonable restrictions are imposed in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Relevant Case Law | Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors. case (2012), the Supreme Court had stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.” Conclusion | The ruling should not form the basis for suppression of such protests by the force of the state. Both principles the need for balance between the right to protest and the right to free movement, and the rule that protests should take place at designated spots are salutary from an administrative point of view. But these cannot become unquestionable axioms to the point of rendering any and all protests that cause inconvenience to others the target of the strong arm of the state.Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8App link : "https://bit.ly/3kjznEe"

UPSC Law Optional Mains Notes

5 TYPES OF WRITS | NOTES FOR UPSC LAW OPTIONAL MAINS

NATURE OF WRIT JURISDICTION :  NATURE : It is discretionary power of the courts. Guiding Factors for exercising discretion  1.Locus Stand   : Earlier as per traditional rule, only aggrieved party can file a petition now, any public Spirited person/citizen can file an petition for the grievances of the weak and the disadvantaged persons.  2.Alternative relief  : One should generally exhaust all the remedies before seeking the Writ Jurisdiction. However this rule not applicable for breach of FR is prima facie established.  3.Res Judicata  : Already decided case cannot be re-agitated before the Courts of Law. One person files an case in HC, which is dismissed. He cannot go to SC on the same matter to SC. However this principle not applicable to Writ of Habeas corpus.  4.LACHES : Laches/inordinate delay can be ground to disentitle to a remedy under Art.32.  5.Questions of facts are not decided by the courts in its writ jurisdiction. Only the question of law is entertained.   A.WRIT OF HABEAS CORPUS :  MEANING : You (shall) have the body /bring the body. NATURE :  It is in the nature of an order calling upon the person who has detained another to produce the latter before the court. If the grounds for detention are invalid (malafide/unconstitutional/ not authorized by law) or unlawful detention, then court can order to free him.  This writ operates as an effective bulwark of personal liberty + safeguards of individual freedom against arbitrary state action which violates FRs u/A. 19,21 & 22 of Constitution.WHO CAN FILE > Under Articles 32 and 226, any person can move for this writ to the Supreme Court and High Court respectively . IF SUSPENDED : If article 32 is suspended as per provisions of Art. 359, then one can move to High court under art.226. NON-COMPLIANCE WILL RESULT IN CONTEMPT : Disobeying this writ is met with by punishment for contempt of court under the Contempt of Courts Act CASE LAWS : Kanu Sanyal v. District Magistrate  : the court may examine the legality of the detention without requiring the person detained to be produced before it B.WRIT OF MANDAMUS :  The word mandamus literally means "we command". The writ of mandamus is a command issued to direct any person, corporation, inferior court, or Government requiring him/it to do a particular thing specified therein, which pertains to his/its office and is further in the nature of a public duty. CONDITION : The applicant must have a legal right to the performance of a legal duty by the person against whom the writ is prayed for. It is not issued if the authority has discretion.  TO WHOM? The Constitution, through Articles 226 and 32, enables mandamus to be issued by the High Courts and the Supreme Court to all authorities. CANNOT DIRECT WHOM : President or the Governor of a State / private individual[ Barada Kanta v State of West Bengal]. GROUNDS FOR WRIT OF MANDAMUS : The Writ can granted against a public authority if : Acted against the law/ Exceeded his limits of power/ Acted with mala fides/ Did not apply his mind/ Abused his discretionary powers/ Did not take into account relevant consideration / Has taken into account irrelevant consideration.  C.WRIT OF PROHIBITION :  It is to forbid or to stop called as “Stay Order”  WHEN >  Issued in cases where is excess of Jurisdiction and where there is absence of Jurisdiction.When the proceedings are pending in the court. Issued by both SC and HC’s to any inferior court or Quasi-Judicial Body but not against legislative or administrative body While mandamus commands activity, prohibition commands inactivity, it is available only against judicial or quasi-judicial authorities and is not available against a public officer who is not vested with judicial functions. If abuse of power is apparent, this writ may be of right and not a matter of discretion. D.WRIT OF CERTIORARI :  It means “To be Certified”  Both preventive and curative. Issued by SC and HC’s for quashing the order of any inferior court, tribunal or Quasi-Judicial body. Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque  1.It is issued to correct the errors of Jurisdiction.  2.When court or tribunal acts illegal in its jurisdiction.  3.Order against principles of natural justice.  4.Court acts in exercise of its supervisory and not appellate Jurisdiction.  5.An error in the decision or determination itself may also be amenable to a writ of Certiorari Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction. 1. Check whether inferior court has exceeded its jurisdiction. 2. Mere formal and technical errors doesn’t attract this. E.WRIT OF QUO-WARRANTO : MEANING : It means “what is your authority”.  SCOPE :  Issued to restrain a person from holding a public office. The fundamental basis of the proceeding of quo warranto is that the public has an interest to see that a lawful claimant does not usurp a public office. It is a discretionary remedy which the court may grant or refuse. CONDITIONS : The holder of the office has to show to the court under what authority he holds the office. It is issued when: i) the office is of public and of a substantive nature; ii) created by statute or by the Constitution itself, and iii) the respondent has asserted his claim to the office. It can be issued even though he has not assumed the charge of the office.  Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link :https://bit.ly/3kjznEe

UPSC Law Optional Mains Notes

Doctrine of pleasure | Notes for UPSC Law Optional Mains

Doctrine of pleasure | Notes for UPSC Law Optional Mains Doctrine of pleasure | Notes for UPSC Law Optional Mains ORIGIN : In Britain, traditionally, a servant of the Crown holds office during the pleasure of the Crown. This is the common-law doctrine. WHAT IT IMPLIES : The tenure of office of a civil servant, except where it is otherwise provided by a statute, can be terminated at any time at will without assigning any cause, without notice. The civil servant has no right at common-law to take recourse to the Courts, or claim any damages for wrongful dismissal. He cannot file a case for arrears of his salary. JUSTIFICATION : The justification for the rule is that the Crown should not be bound to continue in public service any person whose conduct is not satisfactory. IN INDIA : A similar rule is embodied in Article 310(1) which lays down that the defence personnel and civil servants of the Union, and the members of an All-India Service, hold office during the ‘pleasure of the President’. Similarly, a civil servant in a State holds office ‘during the pleasure of the Governor’. WITH OR WITHOUT ADVICE OF COM ? The pleasure of the President or the Governor is not required to be exercised by either of them personally. The Supreme Court has propounded the view in Shamsher Singh[ Shamsher Singh v. State of Punjab, AIR 1974 SC 2192 overruling State of Uttar Pradesh v. Babu Ram Upadhya, AIR 1961 SC 751 : (1961) 2 SCR 679 on this point] and Sripati Ranjan[ Union of India v. Sripati Ranjan, AIR 1975 SC 1755 : (1975) 4 SCC 699.] that the Constitution ‘conclusively contemplates’ a ‘constitutional President’ acting with the aid and advice of the Council of Ministers. Appointment, dismissal or removal of civil servants is not a ‘personal’ but an ‘executive’ function of the President or the Governor. UPSC LAW OPTIONAL MAINS 2021 TEST SERIES JUST STARTED – CONTACT US FOR MORE DETAILS – 78 % prediction rate established since 2016 UPSC LAW OPTIONAL MAINS NOT ALL POSTS ARE AT SOMEONE’S PLEASURE : This is the general rule which operates “except as expressly provided by the Constitution”. This means that the “doctrine of pleasure” is subject to general constitutional limitations. NOT WITHIN ANYONE PLEASURE : The Supreme Court Judges [Art. 124], Auditor-General [Art. 148], High Court Judges [Arts. 217, 218], a member of a Public Service Commission [Art. 317], and the Chief Election Commissioner have been expressly ex-cluded by the Constitution from the rule of pleasure. ART.310 : Under Article 310, the government has power to punish any of its servants for misconduct committed not only in the course of official duties but even for that committed by him in private life. The government has a right to expect that each of its servants will observe certain standards of decency and morality in his private life. For example, government has power to demand that no servant shall re-marry during the life-time of his first wife, or that he shall not drink at social functions etc.. 1.Union of India v. Tulsiram Patel, AIR 1985 SC 1416 : (1985) 3 SCC 398 : The Supreme Court has recently justified the pleasure doctrine on the basis of ‘public policy’, ‘public interest’ and ‘public good’ insofar as inefficient, dishonest or corrupt persons, or those who have become a security risk, should not continue in service. 2.Thus, disciplinary action can be taken against a police constable for his behaving very rudely and improperly with a member of the public in his private life.[ Madhosingh v. State of Maharashtra, AIR 1960 Bom 285.] 3.As per common law doctrine of pleasure, a servant cannot ask for any arrears of salary. The Supreme Court in India refused to follow the above mentioned rule in State of Bihar v. Abdul Majid. A sub-inspector of police, dismissed from service on the ground of cowardice, was later reinstated in service, but the government contested his claim for arrears of salary for the period of his dismissal. The Supreme Court upheld his claim for arrears of salary on the ground of contract or quantum meruit, i.e., for the value of the service rendered. In State of Maharashtra v. Joshi, a claim for arrears of salary was held to be based on con-tract. 2021 UPSC LAW OPTIONAL MAINS COMPREHENSIVE COURSE STARTS THIS WEEK – CONTACT FOR MORE DETAILS – AIR 14 preferred this course – topper’s choice ART.309 V. ART.310 : The power of the Legislature or that of the Executive to make rules, to lay down conditions of service of public servants is subject to ‘the tenure at pleasure’ doctrine under Article 310. Article 309 is, therefore, to be read subject to Art. 310. DISCIPLINARY ACTION TAKEN UNDER STATUTORY AUTHORITY: Though a law (or the rules) made under Article 309 cannot restrict the pleasure of the President or the Governor, as noted above, yet a law or a rule can prescribe the procedure by which, and the authority by whom, disciplinary powers can be exercised over civil servants. Whatever this authority then does, it does so by virtue of the express power conferred on it by the law (or the rules), and not under the ‘pleasure’ of the President or the Governor. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : https://bit.ly/3kjznEe