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What are the bills, laws and policies that are important to study for the Civil Services Exam?

This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)

Does India need caste-based, gender-based/religious based reservations? Why?

Reservation a studyIndian history is a history of bigotry, it is filled with the loads of lies and misinterpretations. These lies have become the base for the exploitation of millions of indigenous communities in this country. But, many great souls fought against the system which was created by these bigotries, and were successful in educating the exploited and rectifying the system to some extent with some practical measures. Reservation is one such measure which was formulated to fight the discrimination based on the venomous caste system, Chhatrapati Shahu Maharaj was the first person to fight against the discriminatory and caste based reservation which was prevalent in India since 185 B.C from the day of inception of Manusmriti. Manusmriti, written by Sumati Bhargava, not only had a legal sanction it also had a divine sanction, which led to the subjugation of millions of shudras including the Brahmin women, who form the majority (Bahujan) of the Indian society through the denial of educational, social, political and employment rights. Sumati Bhargava's Manusmriti gave 100% Reservation for Brahmins in Education, 100% Reservation for Kshatriyas in Power, 100% Reservation for Vaishyas in wealth and 100% Reservation for Shudras (Bahujans) in Service. This System of Reservation was purely based on caste and caste was based on birth not on merit. This caste based reservation not only pushed these shudras and women into slavery, it also made our nation into a slave nation. As many races and countries were able to defeat us easily as it was only the kshatriyas who had a right to posses and use the weapon. This forced India into the continuous subjugation. This effect can be seen even today. Many claim that our land was a land of opportunities, but, the statistics speak otherwise, the literacy rate according to 1901 census was just 6%, and it was just 16% in 1951. This made majority of Indians to remain illiterate, unproductive and remain in extreme poverty, and also this made India to remain underdeveloped in every sphere. This was the contribution of the caste based reservation created by the Manusmriti.As an antidote to the caste based reservation and its evils, the Maharaja of Kolhapur province, Shri Chhatrapati Shahu Maharaj, for the first time in the history of India, formulated a policy of reservation as a policy of representation in the place of caste based Reservation by introducing the 50% reservation for non-Brahmin communities in state service on July 26th 1902. With this, the flood gates of opportunities was opened to all the exploited communities. This was able to put an end to the caste based discrimination and allowed every individual to get the opportunity in public service. The king of Mysore province, Shri Nalwadi Krishnaraja Wodeyar, was also able to introduce the reservation in public service to all the non-brahmin communities to the extent of 75% in Mysore province. This was opposed by the so-called nationalists Bal Gangadhar Tilak and Sir M. Vishveshwariah respectivel. But, this one decision of these visionary kings led to the creation of an elite and thinking class among the shudras. This also led to the emergence of a great nationalist and the visionary leader Babasaheb Ambedkar, who with his knowledge, intellect, visionary zeal and leadership made a mark as a great social reformer, economist, constitutionalist and a political leader. There was a resistance and intolerance from the Congress leadership and other nationalists, the casteist mainstream media also projected Dr. Ambedkar as the British agent and as an untouchable leader, but, he fought all the odds and became the member of the Constituent Assembly. Later, the Congress conspired against him and made him to lose his membership by giving away his constituency Jaisur and Kulna to Pakistan during partition. But he was able to convince the British and get re-elected to the Constituent Assembly and become the Chairman of the Drafting committee and effectively incorporated the reservation or representational provisions into the constitution to protect the shudras/Bahujans/ (SCs, STs, OBCs) from exploitation.Since the introduction of the reservation as a provision of representation in the place of reservation as a privilege of a caste, the anti-reservation voice has been echoed in this country, from Bal Gangadhar Tilak during Chhatrapati Shahu Maharaj's time , Sir M. Vishveshwaraya during Shri Nalwadi Krishna Raja Wodeyar's time and Mr Gandhi during Babasaheb Ambedkar to the present Hardik Patel and Mohan Bhagwat of right wing group, and their arguments are based on the assumptions and the misinterpretation of the reservation provision of the constitution.Their first argument: the reservation is based on caste, so, the caste based reservation should be replaced by the economic criteria.The second argument: the reservations are given only to SC's and ST's.The third argument: the reservation is limited for only ten years, but reservations have been continuing for last 65 years hence it should be removed.The fourth argument: the General communities or Upper Castes have been loosing the opportunities because of reservation so it should be scraped.The fifth argument: the reservations have hindered the growth and development of this country so it should be stopped.The sixth argument: the reservations has created and strengthened the caste system and so on......... there are many such baseless arguments.The fact is that all their arguments and discussions are based on wrong notions and misinterpretation of reservation provisions of the constitution and they are not fact based arguments, they are just the perverted and anti-shudra opinions. We can understand the conspiracy of this caste-minded people only when we analyze and interpret the constitutional provisions without any prejudice. So, let us attempt to analyze the truth in every argument and then let us come to the conclusion.Let us try to find out the facts through the constitutional provisions; there are various constitutional provisions which speak about the reservation. Some of the Articles in the Constitution which speak about the Reservation are Articles 15(4), 16(4), 330, 332, 334, where article 15(4) speaks of reservation in education, art 16(4) speaks about the reservation in employment, and art 330 and 332 speaks about political reservations, art 334 about the time limit for reservations. Article 340 speaks about the provision to appoint a commission to investigate the conditions of backward classes.Let us try to examine their first argument that is the basis of reservation from the definitions of above mentioned articles respectively,Art 15(4): Nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.Art 16(4): Nothing in this article shall prevent the state from making any special provision for the reservation of appointments or posts in favor of any backward classes of citizens which, in the opinion of the state, is not adequately represented in the services under the state.So Article 15(4) which speaks about the Educational reservation does not mention any caste and clearly mentions that the basis of reservation is social and educational backwardness. Art 16(4) also does not mention anything about the caste, and it also clearly mentions that the basis for the reservation in state employment is, the criteria of inadequate representation, then why reservation only to SC's, ST's and OBC's? There is a basic problem with us in the understanding of the words SC, ST and OBC, we have been told and understood that the SC, ST and OBC are the names of the castes, but the fact is that they are not the names of the castes, they are the lists of the castes as a schedule means a list. The lists of the castes and tribes are based on the definition which has been given under the article 15(4) and 16(4), if we look at the number of castes which were under this lists in 1950. And now, we can clearly understand that many new castes have been added from time to time to the lists of SC's/ST's and OBC's, in other words, the reservation is not given to a particular caste, but it is given to an individual because he belongs to the caste which is socially and educationally backward and not adequately represented in the state service, and this list has been checked from time to time, hence his caste comes under the definition of the above said articles, so, he is given reservation. A Brahmin is not denied a reservation because he is a Brahmin, he is denied because his caste does not come under the definition of the above said articles, that is, he is not socially and educationally backward and also he is adequately represented. Hypothetically if a Brahmin or any other caste that is not getting the reservation becomes socially and educationally backward and not adequately represented in state service. Than, that caste can also be added into the list of SC or ST or OBC based on the opinion of the president, and then the reservations can also be provided to them.Hence, according to the constitutional provisions, reservation is not based on caste, it is just a myth created by the anti-reservationists. So now it is left to us to tell the truth that whether the educational reservation is based on caste or on the basis of social and educational backwardness and employment reservation on the basis of caste or on the basis of representation.The second argument of anti-reservationists is that the reservations are given only to SC's And ST's, but the fact is that the reservations is given not only to SC's and ST's, there is also the reservation for OBC's that is Other Backward castes, the SC's have 15% reservation, ST's Have 7.5% reservation and OBc's have 27% reservation. The OBC's (3743 backward castes) got the reservations in 1993 on the recommendations of Mandal Commission report based on Article 340 of the constitution.The third argument is about the time limit of the reservations. They argue that the time limit is only for ten years, article 334 of the constitution speaks about the time limit the article reads as follows, Reservation of seats and special representation to cease after ten years,-notwithstanding anything in the foregoing provisions of this part, the provisions of this constitution relating to-a) The reservation of seats for the scheduled castes and the scheduled tribes in the House of People and in Legislative Assemblies of the states; andb) The representation of the Anglo-Indian community in the House of People and in the Legislative assemblies of the states by the nomination, shall cease to have effect on the expiration of a period of ten years from the commencement of this constitution................Above mentioned provisions of the constitution has mentioned about the time limit to the political reservation, that is the reservation for the Lok Sabha and Vidhana Sabha only, it does not mention anything about the educational and employment reservation. Prima facie it is clear that the ten year time limit argument is also a big lie.The fourth argument, general communities are loosing the opportunities because of reservations, it is a very old argument; let us look into this allegation with the fact. Firstly, the extent of reservations is only 50% and this is given to SC/ST and OBC's who constitute 85% of the Population, remaining 50% is given to the 15% of the population, which are general or so-called upper castes. The implementation of the reservation according to the statistics of the government is as follows; the percentage of reservation in employment give to SC's is 15%, but only 8% is fulfilled and they have a backlog of 7%, ST's are given 7.5% reservation and only 3.5% has been filled so they have a backlog of 4%, OBC's have been given 27% reservations but they have been given only 5% until now and they have a backlog of 22%. This being the fact how can they argue or tell that the upper castes are the losers? As, out of 49.5% reservations only 16.5% is filled, where did the backlog of 33.5% go, when Brahmins make just 3.5% of the population of India? Yet they're 48% in Lok Sabha, 36% in Rajya Sabha, and they also make 50% of Governors, 36% of Cabinet ministers, 54% of Chief Secretaries, 62% of Additional Chief Secretaries, 70% of PA to Ministers, 70% of Vice-Chancellors, 56% of Supreme Court Judges, 40% of High Court Judges, 70% of IAS, 61% of IPS, 90% in National media and 100% at temples.The primary source of income to 46% of people in India is agriculture and 50% of agricultural families have the ownership of only 3% of land, whereas 10% of people hold 54% of land and 20% rural families are landless agricultural laborers. That means 70% of rural families are dependent agricultural laborers and their average monthly income is mere 5000 Rs only.23% of people's source of income is from secondary sector that is industries and the ownership of the industries is as follows. Brahmins with a mere 3.5% of population hold 41.2% of industries, kshatriyas with a mere population of 5.5% hold 18.5% of industries, Vy with a mere population of 6% holds 17.9% of industries, OBC's and religious minorities who constitute 55% of population hold only 4.2% of Industries and the SC/ST's who constitute 30 % of population holds just 0.2% of industries. And, Service sector is the source of income for 31% of people but 90% of this sector is also under the monopoly of the upper castes. So what do these facts prove? Who have grabbed every thing? Who are the losers and who the gainers are?The Fifth argument is that the reservation has hindered the growth of the nation. The rate of literacy before the implementation of reservation that is in 1901 it was just 6% and in 1951 it was just 16% but it jumped to 74% by 2011. The efficiency has improved in every sector where there is an involvement of the SC's/ST's/OBC's, any public sector which was under the administration of SC's/ST's they have excelled e.g.; ITI, HAL, Mysore Soaps, BHEL, BEML etc but they have declined when they came under the administration of the upper castes. The fact is where ever there has been no reservation they have remained more inefficient e.g. Judiciary, Defense, Scientific Organizations.So this rightly proves that this argument is also a big lie!Their sixth argument is, the reservation has strengthened the caste system. Here there is no need to get into any argument, as only one question can find the answer to this, the anti-reservationists should answer whether the reservation came into force before the emergence of caste system or after the emergence of caste system; in other words, did caste system begin before 1950 or after 1950? They should also answer who is castiest? Whether it is the upper castes or the dalits? None of the dalits have become the Prime Minister of India since the independence so who is to be blamed for the present crisis in India, is it the castiest Upper castes or the victims of caste? Who are responsible for the mess?So to conclude, the reservation is not a charity it is parity. It is the provision which enables the state to provide the representation of every section of the society in every part of the government. It is the process to strengthen the weakest link of the chain. The true spirit of democracy is to create equal opportunities to all and a nation can never develop or progress when majority of its people is denied of opportunities. We can become a real democracy only when every community gets its share and anybody who is anti-reservation is anti-democracy and anybody is anti-democracy is anti-constitutional and anti-constitutional is anti-national.See below linksDeath of Merit - Wikipedia

Who transfers the judges of lower and high courts?

The lower court Judges are transferred by the High Court.The High Court Judges are transferred by Supreme Court.____________________________________RELEVANT CONSTITUTIONAL PROVISIONSTHE UNION JUDICIARY i.e. THE SUPREME COURT (ARTICLES 124-147)Part VChapter IVARTICLE 124: ESTABLISHMENT AND CONSTITUTION OF SUPREME COURT(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:Provided further that –(a) a Judge may, by writing under his hand addressed to the President, resign his office;(b) a judge may be removed from his office in the manner provide in clause (4).(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and –(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or(c) is, in the opinion of the President, a distinguished jurist.EXPLANATION I: In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.EXPLANATION II: In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court of before any authority within the territory of India.ARTICLE 127: APPOINTMENT OF AD HOC JUDGES(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.ARTICLE 128: ATTENDANCE OF RETIRED JUDGES AT SITTINGS OF THE SUPREME COURTNotwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who as held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.______________________________CHAPTER V {THE HIGH COURTS IN THE STATES}ARTICLE 216 {CONSTITUTION OF HIGH COURTS}Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.ARTICLE 217 {APPOINTMENT AND CONDITIONS OF THE OFFICE OF A JUDGE OF A HIGH COURT}Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: Provided that –a Judge may, by writing under his hand addressed to the President, resign his office;a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.a person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and –has for at least ten years held a judicial office in the territory of India; orhas for at least ten years been an advocate of a High Court or of two or more such Courts in succession;[Explanation: For the purposes of this clause -in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;(aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate;in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.]If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.ARTICLE 218 {APPLICATION OF CERTAIN PROVISIONS RELATING TO SUPREME COURT TO HIGH COURTS}The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.ARTICLE 222 {TRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANOTHER}The President May, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.ARTICLE 223 {APPOINTMENT OF ACTING CHIEF JUSTICE}When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.ARTICLE 224 {APPOINTMENT OF ADDITIONAL AND ACTING JUDGES}If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein; it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.ARTICLE 224A {APPOINTMENT OF RETIRED JUDGES AT SITTINGS OF HIGH COURTS}Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.ARTICLE 227 {POWER OF SUPERINTENDENCE OVER ALL COURTS BY THE HIGH COURT}Every High Court shall have superintendence over all courts and tribunal, throughout the territories in relation to which it exercises jurisdiction.Without prejudice to the generality of the foregoing provision, the High Court may –call for returns from such courts;make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; andprescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.ARTICLE 228 {TRANSFER OF CERTAIN CASES TO HIGH COURT}If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may -either dispose of the case itself, ordetermine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.Article 228A {Special provisions as to disposal of questions relating to constitutional validity of State laws}{...}ARTICLE 229 {OFFICERS AND SERVANTS AND THE EXPENSES OF HIGH COURTS}Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State.The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.ARTICLE 230 {EXTENSION OF JURISDICTION OF HIGH COURTS TO UNION TERRITORIES}Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.Where the High Court of a State exercises jurisdiction in relation to a Union territory, -nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; andthe reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the president.ARTICLE 231 {ESTABLISHMENT OF A COMMON HIGH COURT FOR TWO OR MORE STATES}Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.In relation to any such High Court,the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situated; andthe references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.________________________________________CHAPTER VI {SUBORDINATE COURTS}ARTICLE 233 {APPOINTMENT OF DISTRICT JUDGES}Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years as an advocate or a pleader and is recommended by the High Court for appointment.ARTICLE 233A {VALIDATION OF APPOINTMENTS OF, AND JUDGMENTS, ETC. DELIVERED BY, CERTAIN DISTRICT JUDGES}Notwithstanding any judgment, decree or order of any court, -no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, andno posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.ARTICLE 234 {RECRUITMENT OF PERSONS OTHER THAN DISTRICT JUDGES TO THE JUDICIAL SERVICE}Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.ARTICLE 235 {CONTROL OVER SUBORDINATE COURTS}The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.ARTICLE 236 {INTERPRETATION}IN THIS CHAPTER –the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.ARTICLE 237 {APPLICATION OF THE PROVISIONS OF THIS CHAPTER TO CERTAIN CLASS OR CLASSES OF MAGISTRATES}The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

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