The president of India recently
inaugurated the diamond jubilee celebration of the election commission of India.
The commission was set up on Jan
25, 1950. While the rest of the constitution came into force on Jan 26, 1950.
Article 324 that created the
commission was one of those exceptional provisions given effect as early as on
Nov 26, 1949.
Until Oct 1989 there was just one chief election commission. In 1991 a law providing for the appointment of two
election commissioners. This law was amended and renamed in 1993.
The election commission enjoys
complete autonomy and is insulated from any kind of executive interference.
It also functions as a quasi-judicial
body in matters of electoral disputes and other matters involving the conduct of
However the decisions of the body
are liable for independent judicial reviews by courts acting on electoral
Principal functions of Election Commission of India:-
Demarcation of consistencies
Preparation of electoral rolls
Recognition of political parties
and allotment of symbols
Scrutiny of nomination papers
Conduct of polls
Scrutiny of election expenses of
The national health bill – 2009
It seeks to provide health ,
health equity and justice for all Indians
3. National Health Bill- 2009
It seeks to provide health, health equity and justice for all Indians.
Important Features are:-
Right to heath care:- the bill
seeks to legalize the right to health care along with other issues associated
with health rights.
Emergency care:- no individual
should be denied emergency treatment because of his inability to pay fees or due
to the requirement for police clearance.
Patient complaints:- bill seeks
to make it mandatory for the hospitals to address patient complaints on 24x7
Name of doctor involved in
treatment:- every patient has the right to know the name of doctor/ nurse involved in his
National Arrears Grid:-
Union law minister had announced that the national arrears grid and the
special purpose vehicle would implement the action plan to bring down the
arrears of cases pending in
The action plans should focus on
human resource development, infrastructure development and procedural reforms.
It is decided that special judges
to deal with all pending criminal cases where the term of sentences was less
than 3 years.
It favored creation of a national
pool of judicial officers from retired judges to enable persons from the pool to
be appointed as high court judges.
The Gram Nyayalayas act 2008 had
been enacted to provide for the establishment of the gram nyayalayas at the grass
root level for the purpose of providing access to justice to the citizens at
their door steps.
It is aimed at providing
inexpensive justice to people in rural areas at their door steps.
It will have its court of judicial
magistrate of the first class and its presiding officers ( Nyayadhikri) shall be
appointed by the state government in consultation with the High Court.
The Gram Nyayalaya shall be
established for every panchyats at intermediate level in a district or where
there is no panchayat at intermediate level in any state for a group of
Gram nyayalaya shall be a mobile
court and shall exercise the powers of both criminal and civil courts.
Officiating nyaydhikari will go to
villages work there and dispose of the cases.
It is a non- statutory body.
Constituted by the government from time
to time originally constituted in 1955 and it is reconstituted every three
Judges ( inquiry) bill , 2006:-
The judges ( inquiry ) bill 2006
established a national judicial council ( NJC) to conduct Inquiries into allegations of
incapacity or misbehavior by high court and Supreme Court judges.
The proposed NJC would consist of
the chief justice of India, two Supreme Court judges and two high court chief
justices to investigate high court judge (It has been change again in the new
The chief justice of India and
four Supreme Court judges to investigate Supreme Court judges.
The NJC shall investigate
complaints submitted by any persons, or upon receiving a references from
parliament based on a motion moved by 50 Rajya Sabha or 100 Lok Sabha m.p.
If the allegations are proven, the
NJC may impose minor measures or recommended the removal of judges. Removal of
judges shall be through impeachment by parliament.
Biotechnology Regulating Authority of India
This Bill would bring about wide ranging changes in the process of regulating research, transport,
manufacture and use of G.M product in the country.
Controversy regarding the Bill:-
According to section 81 of the
bill the act will have an overriding effect over other state – level acts.
Activists allege that this ignores the constitutional powers of states
over agriculture and health
This bill has no provisions for
public participation, which is a violation of article 23.2 of the Cartagena Protocol on bio- safety to which India is a signatory.
The bill also states that whoever without any evidence or scientific
record misleads the public about the safety of organism and products shall be punished with imprisonment for a term
which shall not be less than six months. But which may extend to one year
and with fine which may extend to two lakh rupees or with both.
The bill serves to over ride state specific concerns by making the
proposed authority solely responsible for
releasing and controlling genetically modified organisms (GMOs) through out the
country and envisages only an advisory role for state.
9. The prohibitions of unfair
practices in technical, medical educations institutions and universities bill:-
It is drafted by the Human
Resource development ministry to provide for a central law to curb malpractices.
However in the T.M.A pai , case
supreme court held that establishment of private unaided educational
institutions was in the exercise of fundamental rights to occupations under
article 19 (1) (g) of the constitution.
10. Communal violence bill:-
It is communal violence
(prevention, control and rehabilitation) bill.
The bill empowers the centre to intervene to tackle communal violence without the concurrence of the state
government , if it is believe that state is not doing enough to control the
The bill also empowers the centre to declare any area in any state
communally disturbed, if it is convinced that
the state government is not following its directions to control or to check
The bill gives the central government exclusive power to constitute a
unified command to deal with communal violence