Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
A person abets an act that does not result in a crime. He is:
Anonymous Quiz
14%
A) Not punishable
64%
B) Punishable for abetment
18%
C) Punishable for attempt
4%
D) Not liable
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π Chhattisgarh GK β Landmark Facts for Judiciary Exam
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6/7. Education & Institutions
π·β’ Oldest University: Pt. Ravishankar Shukla University, Raipur.
π·β’ National Law University: Hidayatullah National Law University (HNLU), Raipur.
π·β’ Medical Institution: AIIMS Raipur.
π·β’ Other Important University: Guru Ghasidas University (Bilaspur).
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6/7. Education & Institutions
π·β’ Oldest University: Pt. Ravishankar Shukla University, Raipur.
π·β’ National Law University: Hidayatullah National Law University (HNLU), Raipur.
π·β’ Medical Institution: AIIMS Raipur.
π·β’ Other Important University: Guru Ghasidas University (Bilaspur).
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
Punishment for criminal conspiracy to commit a crime with maximum punishment of death is:
Anonymous Quiz
18%
A) Six months imprisonment
59%
B) Same as abetment of offence
4%
C) No punishment
19%
D) Ten years
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π Chhattisgarh GK β Landmark Facts for Judiciary Exam
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7/7. Current Affairs (Recent)
π·β’ New Districts (2020β2022): Mohla-Manpur-Ambagarh Chowki, Sarangarh-Bilaigarh, Sakti, Manendragarh-Chirmiri-Bharatpur, Khairagarh-Chhuikhadan-Gandai, Gaurela-Pendra-Marwahi.
π·β’ Current Chief Minister (2025): Vishnu Deo Sai (BJP).
π·β’ Current Governor (2025): Ramen Deka.
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7/7. Current Affairs (Recent)
π·β’ New Districts (2020β2022): Mohla-Manpur-Ambagarh Chowki, Sarangarh-Bilaigarh, Sakti, Manendragarh-Chirmiri-Bharatpur, Khairagarh-Chhuikhadan-Gandai, Gaurela-Pendra-Marwahi.
π·β’ Current Chief Minister (2025): Vishnu Deo Sai (BJP).
π·β’ Current Governor (2025): Ramen Deka.
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
Which of the following is true regarding conspiracy and abetment?
Anonymous Quiz
39%
A) All conspiracies are abetments
45%
B) All abetments are conspiracies
10%
C) Neither are punishable under BNS
5%
D) Only conspiracy is recognized
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Constitution of Parliament π°
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π± Constitutional Basis
Articles 79 to 122 of the Constitution deal with the Union Parliament.
Parliament is the supreme legislative body of India at the Union level.
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π± Composition (Art. 79)
The Parliament consists of:
President of India
Two Houses:
Lok Sabha (House of the People) β Lower House
Rajya Sabha (Council of States) β Upper House
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πͺΆ Lok Sabha (House of the People)
πΉ Maximum Strength: 552 members (Art. 81)
530 from States
20 from Union Territories
2 nominated by President (Anglo-Indian community) β provision abolished by the 104th Amendment, 2019.
πΉ Current Strength (2025): 543 elected members.
πΉ Election: Members directly elected by the people on the basis of universal adult suffrage (Art. 326).
πΉ Term: 5 years (can be dissolved earlier).
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πͺΆ Rajya Sabha (Council of States)
πΈ Maximum Strength: 250 members (Art. 80)
238 representatives of States & Union Territories
12 nominated by the President (eminent persons in literature, science, art, social service).
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πΈ Current Strength: 245 members.
πΈ Nature: Permanent body β not subject to dissolution; one-third of its members retire every 2 years.
πΈ Term: 6 years for each member.
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π± President of India & Parliament
President is an integral part of Parliament.
Summons, prorogues sessions, dissolves Lok Sabha, addresses Parliament, gives assent to Bills.
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π± Powers of Parliament
π£ Legislative Powers: Makes laws on Union List and Concurrent List.
π£ Financial Powers: Passes budget, controls taxation, expenditure.
π£ Constitutional Powers: Can amend the Constitution (Art. 368).
π£ Judicial Powers: Can impeach President, remove judges, punish for breach of privilege.
π£ Electoral Functions: Participates in election/removal of President, Vice-President.
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π± Important Case Law
Kesavananda Bharati v. State of Kerala (1973): Parliamentβs power to amend the Constitution is wide but limited by the Basic Structure Doctrine.
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π± Conclusion
The Parliament of India is a bicameral legislature consisting of the President, Lok Sabha and Rajya Sabha. It embodies popular sovereignty (Lok Sabha) and federal representation (Rajya Sabha), making it the supreme law-making authority at the Union level.
π Exam Tip: Always mention Articles 79β122, Lok Sabha = 5 years, Rajya Sabha = 6 years, 104th Amendment (Anglo-Indian nomination abolished), and Kesavananda Bharati case.
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π± Constitutional Basis
Articles 79 to 122 of the Constitution deal with the Union Parliament.
Parliament is the supreme legislative body of India at the Union level.
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π± Composition (Art. 79)
The Parliament consists of:
President of India
Two Houses:
Lok Sabha (House of the People) β Lower House
Rajya Sabha (Council of States) β Upper House
https://youtube.com/c/LAWEXPLORER
πͺΆ Lok Sabha (House of the People)
πΉ Maximum Strength: 552 members (Art. 81)
530 from States
20 from Union Territories
2 nominated by President (Anglo-Indian community) β provision abolished by the 104th Amendment, 2019.
πΉ Current Strength (2025): 543 elected members.
πΉ Election: Members directly elected by the people on the basis of universal adult suffrage (Art. 326).
πΉ Term: 5 years (can be dissolved earlier).
https://youtube.com/c/LAWEXPLORER
πͺΆ Rajya Sabha (Council of States)
πΈ Maximum Strength: 250 members (Art. 80)
238 representatives of States & Union Territories
12 nominated by the President (eminent persons in literature, science, art, social service).
https://youtube.com/c/LAWEXPLORER
πΈ Current Strength: 245 members.
πΈ Nature: Permanent body β not subject to dissolution; one-third of its members retire every 2 years.
πΈ Term: 6 years for each member.
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π± President of India & Parliament
President is an integral part of Parliament.
Summons, prorogues sessions, dissolves Lok Sabha, addresses Parliament, gives assent to Bills.
https://youtube.com/c/LAWEXPLORER
π± Powers of Parliament
π£ Legislative Powers: Makes laws on Union List and Concurrent List.
π£ Financial Powers: Passes budget, controls taxation, expenditure.
π£ Constitutional Powers: Can amend the Constitution (Art. 368).
π£ Judicial Powers: Can impeach President, remove judges, punish for breach of privilege.
π£ Electoral Functions: Participates in election/removal of President, Vice-President.
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π± Important Case Law
Kesavananda Bharati v. State of Kerala (1973): Parliamentβs power to amend the Constitution is wide but limited by the Basic Structure Doctrine.
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π± Conclusion
The Parliament of India is a bicameral legislature consisting of the President, Lok Sabha and Rajya Sabha. It embodies popular sovereignty (Lok Sabha) and federal representation (Rajya Sabha), making it the supreme law-making authority at the Union level.
π Exam Tip: Always mention Articles 79β122, Lok Sabha = 5 years, Rajya Sabha = 6 years, 104th Amendment (Anglo-Indian nomination abolished), and Kesavananda Bharati case.
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
In abetment by aiding, aid must be:
Anonymous Quiz
8%
A) Accidental
12%
B) Unintentional
73%
C) Knowingly given
7%
D) Implied by silence
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Composition of the Council of States (Rajya Sabha) π°
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π― Constitutional Provision
Article 80 of the Constitution deals with the composition of the Rajya Sabha (Council of States).
π― Maximum Strength
250 Members
238 Representatives of States and Union Territories
12 Nominated Members by the President (eminent persons in literature, science, art, social service).
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π― Current Strength (2025)
245 Members
233 elected representatives of States & Union Territories.
12 nominated by the President.
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π― Representation of States & UTs
βοΈ States: Members are elected by the elected members of the State Legislative Assemblies through proportional representation by single transferable vote.
βοΈ Union Territories: Members are elected in the same manner by the electoral college for that UT (e.g., Delhi, Puducherry).
βοΈ Nominated Members
The President nominates 12 members having special knowledge or practical experience in:
π€ Literature
π€ Science
π€ Art
π€ Social service
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π― Term
Rajya Sabha is a permanent body, not subject to dissolution.
One-third of its members retire every 2 years.
Term of office: 6 years for each member.
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π― Key Points
Provides representation to the States of India in the federal structure.
Ensures experienced persons (through nominations) contribute to parliamentary debates.
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π― Conclusion
The Rajya Sabha, as the Upper House of Parliament, represents the interests of States and UTs, while also including nominated members to bring expertise into law-making. Its composition balances federalism with national interest.
π Exam Tip: Always remember β Article 80, Max strength 250 (238+12), Current strength 245, PR-STV system, 6 years term, 1/3rd retire every 2 years.
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π― Constitutional Provision
Article 80 of the Constitution deals with the composition of the Rajya Sabha (Council of States).
π― Maximum Strength
250 Members
238 Representatives of States and Union Territories
12 Nominated Members by the President (eminent persons in literature, science, art, social service).
https://youtube.com/c/LAWEXPLORER
π― Current Strength (2025)
245 Members
233 elected representatives of States & Union Territories.
12 nominated by the President.
https://youtube.com/c/LAWEXPLORER
π― Representation of States & UTs
βοΈ States: Members are elected by the elected members of the State Legislative Assemblies through proportional representation by single transferable vote.
βοΈ Union Territories: Members are elected in the same manner by the electoral college for that UT (e.g., Delhi, Puducherry).
βοΈ Nominated Members
The President nominates 12 members having special knowledge or practical experience in:
π€ Literature
π€ Science
π€ Art
π€ Social service
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π― Term
Rajya Sabha is a permanent body, not subject to dissolution.
One-third of its members retire every 2 years.
Term of office: 6 years for each member.
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π― Key Points
Provides representation to the States of India in the federal structure.
Ensures experienced persons (through nominations) contribute to parliamentary debates.
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π― Conclusion
The Rajya Sabha, as the Upper House of Parliament, represents the interests of States and UTs, while also including nominated members to bring expertise into law-making. Its composition balances federalism with national interest.
π Exam Tip: Always remember β Article 80, Max strength 250 (238+12), Current strength 245, PR-STV system, 6 years term, 1/3rd retire every 2 years.
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
Which of the following best describes the difference between attempt and preparation?
Anonymous Quiz
5%
A) Preparation is punishable
79%
B) Attempt begins after preparation ends
13%
C) Both are same
3%
D) Attempt includes only planning
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Composition of the House of the People (Lok Sabha) π°
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β½οΈ Constitutional Provision
Article 81 deals with the composition of the Lok Sabha (House of the People).
β½οΈ Maximum Strength
552 Members
530 representatives of the States.
20 representatives of the Union Territories.
2 nominated by the President from the Anglo-Indian community (β Abolished by the 104th Constitutional Amendment, 2019).
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β½οΈ Current Strength (2025)
543 elected members
530 from States
13 from Union Territories
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β½οΈ Method of Election
Members are directly elected by the people of India.
Universal Adult Suffrage (Art. 326): every citizen of 18 years and above has the right to vote.
First-Past-the-Post (FPTP) system of election is used.
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β½οΈ Term
5 years (Art. 83), unless dissolved earlier by the President.
Can be extended by Parliament during a National Emergency (Art. 352), but not beyond one year at a time.
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β½οΈ Reserved Seats
Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
No reservation for religious minorities.
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β½οΈ Key Points
Represents the direct will of the people.
Known as the Lower House, but it is the real center of power in Parliament.
Responsible for controlling the Council of Ministers through no-confidence motions (Art. 75(3)).
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β½οΈ Conclusion
The Lok Sabha is the popularly elected house of Parliament, directly representing the people of India. With 543 elected members, it plays a central role in law-making, financial control and ensuring government accountability.
π Exam Tip: Always write β Art. 81 (composition), 543 strength, 5 years term, FPTP election, 104th Amendment (Anglo-Indian seat abolished).
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β½οΈ Constitutional Provision
Article 81 deals with the composition of the Lok Sabha (House of the People).
β½οΈ Maximum Strength
552 Members
530 representatives of the States.
20 representatives of the Union Territories.
2 nominated by the President from the Anglo-Indian community (β Abolished by the 104th Constitutional Amendment, 2019).
https://youtube.com/c/LAWEXPLORER
β½οΈ Current Strength (2025)
543 elected members
530 from States
13 from Union Territories
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β½οΈ Method of Election
Members are directly elected by the people of India.
Universal Adult Suffrage (Art. 326): every citizen of 18 years and above has the right to vote.
First-Past-the-Post (FPTP) system of election is used.
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β½οΈ Term
5 years (Art. 83), unless dissolved earlier by the President.
Can be extended by Parliament during a National Emergency (Art. 352), but not beyond one year at a time.
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β½οΈ Reserved Seats
Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
No reservation for religious minorities.
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β½οΈ Key Points
Represents the direct will of the people.
Known as the Lower House, but it is the real center of power in Parliament.
Responsible for controlling the Council of Ministers through no-confidence motions (Art. 75(3)).
https://youtube.com/c/LAWEXPLORER
β½οΈ Conclusion
The Lok Sabha is the popularly elected house of Parliament, directly representing the people of India. With 543 elected members, it plays a central role in law-making, financial control and ensuring government accountability.
π Exam Tip: Always write β Art. 81 (composition), 543 strength, 5 years term, FPTP election, 104th Amendment (Anglo-Indian seat abolished).
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
Attempt requires:
Anonymous Quiz
22%
A) Guilty intention only
67%
B) Direct act in pursuance of crime
5%
C) Success of crime
5%
D) Involvement of multiple persons
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Chairman and Deputy Chairman of the Rajya Sabha π°
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1οΈβ£ Chairman of the Rajya Sabha
π Position: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. (Art. 64)
π Role:
Presides over the sittings of the Rajya Sabha.
Maintains order and decorum in the House.
Decides on points of order.
No voting power, except casting vote in case of a tie.
π Remuneration: Draws salary as Vice-President, not as Chairman.
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2οΈβ£ Deputy Chairman of the Rajya Sabha
π Election (Art. 89(1)): Elected by the members of the Rajya Sabha from among themselves.
π Role:
Presides over the House in the absence of the Chairman.
Enjoys all powers of the Chairman when presiding.
π Tenure: Holds office until he/she ceases to be a member of Rajya Sabha or resigns, or is removed by a resolution of the Rajya Sabha (effective by a majority of members present and voting).
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π Key Points
*οΈβ£ Article 64 β Vice-President is Chairman of Rajya Sabha.
*οΈβ£ Article 89 β Rajya Sabha elects a Deputy Chairman.
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π Removal:
βοΈ Chairman (Vice-President) β removed by Rajya Sabha & Lok Sabha resolution (Art. 67(b)).
βοΈ Deputy Chairman β removed by a majority resolution in Rajya Sabha alone.
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βΉοΈ Conclusion
The Chairman (Vice-President) and the Deputy Chairman ensure smooth functioning of the Rajya Sabha. While the Chairman is an ex-officio presiding officer, the Deputy Chairman is elected from within the House to discharge duties in his absence.
π Exam Tip: Always mention Articles 64 & 89, and the fact that Chairman = Vice-President (ex-officio) while Deputy Chairman = elected by Rajya Sabha.
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1οΈβ£ Chairman of the Rajya Sabha
π Position: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. (Art. 64)
π Role:
Presides over the sittings of the Rajya Sabha.
Maintains order and decorum in the House.
Decides on points of order.
No voting power, except casting vote in case of a tie.
π Remuneration: Draws salary as Vice-President, not as Chairman.
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2οΈβ£ Deputy Chairman of the Rajya Sabha
π Election (Art. 89(1)): Elected by the members of the Rajya Sabha from among themselves.
π Role:
Presides over the House in the absence of the Chairman.
Enjoys all powers of the Chairman when presiding.
π Tenure: Holds office until he/she ceases to be a member of Rajya Sabha or resigns, or is removed by a resolution of the Rajya Sabha (effective by a majority of members present and voting).
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π Key Points
*οΈβ£ Article 64 β Vice-President is Chairman of Rajya Sabha.
*οΈβ£ Article 89 β Rajya Sabha elects a Deputy Chairman.
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π Removal:
βοΈ Chairman (Vice-President) β removed by Rajya Sabha & Lok Sabha resolution (Art. 67(b)).
βοΈ Deputy Chairman β removed by a majority resolution in Rajya Sabha alone.
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βΉοΈ Conclusion
The Chairman (Vice-President) and the Deputy Chairman ensure smooth functioning of the Rajya Sabha. While the Chairman is an ex-officio presiding officer, the Deputy Chairman is elected from within the House to discharge duties in his absence.
π Exam Tip: Always mention Articles 64 & 89, and the fact that Chairman = Vice-President (ex-officio) while Deputy Chairman = elected by Rajya Sabha.
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Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
A person can be punished for abetment even if:
Anonymous Quiz
20%
A) The person instigated is acquitted
24%
B) The offense is committed unknowingly
5%
C) The person is insane
51%
D) All of the above
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Speaker and Deputy Speaker of Lok Sabha π°
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1οΈβ£ Speaker of Lok Sabha
βΎοΈ Constitutional Basis: Article 93 β Lok Sabha shall choose two members as Speaker and Deputy Speaker.
βΎοΈ Election: Elected by the members of the Lok Sabha from among themselves.
βΎοΈ Tenure:
ππ» Holds office during the life of Lok Sabha (5 years).
ππ» Vacates earlier if:
Ceases to be member of Lok Sabha, or
Resigns, or
Removed by a resolution of the Lok Sabha passed by a majority of all members.
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βΎοΈ Powers & Functions:
ππ» Presides over sittings of Lok Sabha and maintains order.
ππ» Decides questions of disqualification under the Tenth Schedule (Anti-Defection Law).
ππ» Decides on points of order; his decision is final.
ππ» Refers bills to committees.
ππ» No voting power, except casting vote in case of a tie.
ππ» Acts as ex-officio Chairperson of Business Advisory Committee, Rules Committee and General Purposes Committee.
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βΎοΈ Special Position:
Considered the guardian of the privileges of Lok Sabha.
Next to President in order of precedence.
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2οΈβ£ Deputy Speaker of Lok Sabha
βΎοΈ Election: Elected by members of Lok Sabha from among themselves after election of the Speaker.
βΎοΈ Role:
Presides over Lok Sabha in the absence of the Speaker.
When presiding, has same powers as the Speaker.
βΎοΈ Tenure: Same as Speaker; removable by a majority resolution of the Lok Sabha.
βΎοΈ Key Points
Article 93 β Provision for Speaker and Deputy Speaker.
βΎοΈ Removal: By resolution of Lok Sabha (effective by majority of all then members).
βΊοΈ Case Law: Kihoto Hollohan v. Zachillhu (1992) β Speakerβs decision under Anti-Defection Law is subject to judicial review.
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βΊοΈ Conclusion
The Speaker is the presiding officer and guardian of Lok Sabha proceedings, while the Deputy Speaker assists and acts in his absence. Together, they ensure the smooth and impartial functioning of the House of the People.
π Exam Tip: Always write β Art. 93, Anti-Defection role, casting vote, judicial review (Kihoto Hollohan, 1992).
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1οΈβ£ Speaker of Lok Sabha
βΎοΈ Constitutional Basis: Article 93 β Lok Sabha shall choose two members as Speaker and Deputy Speaker.
βΎοΈ Election: Elected by the members of the Lok Sabha from among themselves.
βΎοΈ Tenure:
ππ» Holds office during the life of Lok Sabha (5 years).
ππ» Vacates earlier if:
Ceases to be member of Lok Sabha, or
Resigns, or
Removed by a resolution of the Lok Sabha passed by a majority of all members.
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βΎοΈ Powers & Functions:
ππ» Presides over sittings of Lok Sabha and maintains order.
ππ» Decides questions of disqualification under the Tenth Schedule (Anti-Defection Law).
ππ» Decides on points of order; his decision is final.
ππ» Refers bills to committees.
ππ» No voting power, except casting vote in case of a tie.
ππ» Acts as ex-officio Chairperson of Business Advisory Committee, Rules Committee and General Purposes Committee.
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βΎοΈ Special Position:
Considered the guardian of the privileges of Lok Sabha.
Next to President in order of precedence.
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2οΈβ£ Deputy Speaker of Lok Sabha
βΎοΈ Election: Elected by members of Lok Sabha from among themselves after election of the Speaker.
βΎοΈ Role:
Presides over Lok Sabha in the absence of the Speaker.
When presiding, has same powers as the Speaker.
βΎοΈ Tenure: Same as Speaker; removable by a majority resolution of the Lok Sabha.
βΎοΈ Key Points
Article 93 β Provision for Speaker and Deputy Speaker.
βΎοΈ Removal: By resolution of Lok Sabha (effective by majority of all then members).
βΊοΈ Case Law: Kihoto Hollohan v. Zachillhu (1992) β Speakerβs decision under Anti-Defection Law is subject to judicial review.
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βΊοΈ Conclusion
The Speaker is the presiding officer and guardian of Lok Sabha proceedings, while the Deputy Speaker assists and acts in his absence. Together, they ensure the smooth and impartial functioning of the House of the People.
π Exam Tip: Always write β Art. 93, Anti-Defection role, casting vote, judicial review (Kihoto Hollohan, 1992).
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Which of the following is not a requirement for criminal conspiracy?
Anonymous Quiz
13%
A) Illegal object or means
23%
B) Agreement
20%
C) Overt act (in some cases)
44%
D) Presence of minor
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Disqualifications of Members of Parliament π°
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β³οΈ Constitutional Provisions
The disqualifications of MPs are laid down mainly in:
Articles 102 & 103 of the Constitution.
Representation of the People Act, 1951 (RPA).
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1οΈβ£ Disqualification under the Constitution (Art. 102)
A person shall be disqualified for being chosen as, and for being, a member of Parliament if he:
βοΈ Holds any office of profit under the Union or State government (except offices exempted by Parliament).
βοΈ Is of unsound mind, declared so by a competent court.
βοΈ Is an undischarged insolvent.
βοΈ Is not a citizen of India or has voluntarily acquired the citizenship of a foreign State.
βοΈ Is disqualified under any law made by Parliament (RPA, 1951).
π Article 103 β Decision on disqualification is made by the President, who must act according to the opinion of the Election Commission.
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2οΈβ£ Disqualification under Representation of the People Act, 1951
A person is disqualified if he/she:
β Is convicted of certain criminal offences (e.g., corruption, terrorism, promoting enmity, certain serious crimes).
β Is guilty of corrupt practices in elections.
β Has engaged in government contracts, works or services.
β Fails to lodge an account of election expenses.
β Is a director/manager in a company owing money to government.
(Important: 2013 Supreme Court ruling in Lily Thomas v. Union of India β MPs convicted of a criminal offence and sentenced to 2 years or more are disqualified immediately; earlier they could continue till appeal.)
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3οΈβ£ Disqualification under Anti-Defection Law (Tenth Schedule)
An MP can be disqualified if:
β οΈ He voluntarily gives up membership of his party.
β οΈ He votes or abstains contrary to party whip without permission.
β οΈ An independent member joins a political party after election.
β οΈ A nominated member joins a party after 6 months of nomination.
β οΈ Decision lies with the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Kihoto Hollohan v. Zachillhu (1992) β Speakerβs decision under Tenth Schedule is subject to judicial review.
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β³οΈ Conclusion
The disqualifications of MPs are designed to ensure that Parliament consists of persons of integrity, loyalty and accountability. The provisions under Articles 102β103, RPA 1951 and Anti-Defection Law collectively protect the sanctity of Parliament.
π Exam Tip: Always write β Articles 102β103, RPA 1951, Lily Thomas (2013), Kihoto Hollohan (1992).
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β³οΈ Constitutional Provisions
The disqualifications of MPs are laid down mainly in:
Articles 102 & 103 of the Constitution.
Representation of the People Act, 1951 (RPA).
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1οΈβ£ Disqualification under the Constitution (Art. 102)
A person shall be disqualified for being chosen as, and for being, a member of Parliament if he:
βοΈ Holds any office of profit under the Union or State government (except offices exempted by Parliament).
βοΈ Is of unsound mind, declared so by a competent court.
βοΈ Is an undischarged insolvent.
βοΈ Is not a citizen of India or has voluntarily acquired the citizenship of a foreign State.
βοΈ Is disqualified under any law made by Parliament (RPA, 1951).
π Article 103 β Decision on disqualification is made by the President, who must act according to the opinion of the Election Commission.
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2οΈβ£ Disqualification under Representation of the People Act, 1951
A person is disqualified if he/she:
β Is convicted of certain criminal offences (e.g., corruption, terrorism, promoting enmity, certain serious crimes).
β Is guilty of corrupt practices in elections.
β Has engaged in government contracts, works or services.
β Fails to lodge an account of election expenses.
β Is a director/manager in a company owing money to government.
(Important: 2013 Supreme Court ruling in Lily Thomas v. Union of India β MPs convicted of a criminal offence and sentenced to 2 years or more are disqualified immediately; earlier they could continue till appeal.)
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3οΈβ£ Disqualification under Anti-Defection Law (Tenth Schedule)
An MP can be disqualified if:
β οΈ He voluntarily gives up membership of his party.
β οΈ He votes or abstains contrary to party whip without permission.
β οΈ An independent member joins a political party after election.
β οΈ A nominated member joins a party after 6 months of nomination.
β οΈ Decision lies with the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Kihoto Hollohan v. Zachillhu (1992) β Speakerβs decision under Tenth Schedule is subject to judicial review.
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β³οΈ Conclusion
The disqualifications of MPs are designed to ensure that Parliament consists of persons of integrity, loyalty and accountability. The provisions under Articles 102β103, RPA 1951 and Anti-Defection Law collectively protect the sanctity of Parliament.
π Exam Tip: Always write β Articles 102β103, RPA 1951, Lily Thomas (2013), Kihoto Hollohan (1992).
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When was the Bharatiya Nagarik Suraksha Sanhita enacted?
Anonymous Quiz
3%
o A) 2022
76%
o B) 2023
3%
o C) 2021
18%
o D) 2024
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
π° Powers, Privileges and Immunities of Parliament and its Members π°
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π² Constitutional Basis
Articles 105 & 194 deal with the powers, privileges and immunities of Parliament/State Legislatures.
π² Purpose: To enable legislators to function independently and fearlessly.
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1οΈβ£ Powers of Parliament
π§© Legislative Powers β Makes laws on Union List & Concurrent List (Art. 246).
π§© Financial Powers β Controls taxation, budget, expenditure (Money Bill introduced only in Lok Sabha).
π§© Constitutional Powers β Can amend Constitution (Art. 368).
π§© Judicial Powers β Impeachment of President, removal of judges, punish for breach of privilege.
π§© Electoral Powers β Elects President, Vice-President.
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2οΈβ£ Privileges and Immunities of Parliament & its Members (Art. 105)
π °οΈ Collective Privileges of Parliament
βΎοΈ Right to publish proceedings; others need Parliamentβs permission.
βΎοΈ Right to exclude strangers from proceedings and hold secret sittings.
βΎοΈ Right to punish members/outsiders for breach of privilege or contempt.
βΎοΈ Freedom to regulate its own internal proceedings.
π ±οΈ Individual Privileges of Members
βΎοΈ Freedom of Speech in Parliament (Art. 105(1))
βΎοΈ Members cannot be questioned in any court for anything said/voted in Parliament.
βΎοΈ Subject to parliamentary rules and discipline.
βΎοΈ Freedom from Arrest
βΎοΈ Members cannot be arrested in civil cases during sessions, and 40 days before/after session.
βΎοΈ No immunity in criminal cases.
βΎοΈ Exemption from Jury Duty
βΎοΈ Cannot be compelled to give evidence or appear as a witness while Parliament is in session.
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3οΈβ£ Limitations
Privileges are not absolute; they are subject to the fundamental rights of citizens (esp. freedom of speech, Art. 19).
They are undefined in many respects, hence decided on a case-to-case basis.
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4οΈβ£ Important Case Laws
π² Keshav Singhβs case (1965): Supreme Court held that Parliamentβs privileges are subject to judicial review.
π² Shiv Sagar Tiwari case (1997): Misuse of privileges (allotment of government accommodation) was criticized.
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π² Conclusion
The powers, privileges and immunities of Parliament and its members are essential to maintain the independence and dignity of the legislature. However, since many privileges remain uncodified, the balance between legislative privileges and fundamental rights is maintained by the judiciary.
π Exam Tip: Always write β Articles 105 & 194, freedom of speech, freedom from arrest (civil cases), Keshav Singh case (1965).
https://youtube.com/c/LAWEXPLORER
π² Constitutional Basis
Articles 105 & 194 deal with the powers, privileges and immunities of Parliament/State Legislatures.
π² Purpose: To enable legislators to function independently and fearlessly.
https://youtube.com/c/LAWEXPLORER
1οΈβ£ Powers of Parliament
π§© Legislative Powers β Makes laws on Union List & Concurrent List (Art. 246).
π§© Financial Powers β Controls taxation, budget, expenditure (Money Bill introduced only in Lok Sabha).
π§© Constitutional Powers β Can amend Constitution (Art. 368).
π§© Judicial Powers β Impeachment of President, removal of judges, punish for breach of privilege.
π§© Electoral Powers β Elects President, Vice-President.
https://youtube.com/c/LAWEXPLORER
2οΈβ£ Privileges and Immunities of Parliament & its Members (Art. 105)
π °οΈ Collective Privileges of Parliament
βΎοΈ Right to publish proceedings; others need Parliamentβs permission.
βΎοΈ Right to exclude strangers from proceedings and hold secret sittings.
βΎοΈ Right to punish members/outsiders for breach of privilege or contempt.
βΎοΈ Freedom to regulate its own internal proceedings.
π ±οΈ Individual Privileges of Members
βΎοΈ Freedom of Speech in Parliament (Art. 105(1))
βΎοΈ Members cannot be questioned in any court for anything said/voted in Parliament.
βΎοΈ Subject to parliamentary rules and discipline.
βΎοΈ Freedom from Arrest
βΎοΈ Members cannot be arrested in civil cases during sessions, and 40 days before/after session.
βΎοΈ No immunity in criminal cases.
βΎοΈ Exemption from Jury Duty
βΎοΈ Cannot be compelled to give evidence or appear as a witness while Parliament is in session.
https://youtube.com/c/LAWEXPLORER
3οΈβ£ Limitations
Privileges are not absolute; they are subject to the fundamental rights of citizens (esp. freedom of speech, Art. 19).
They are undefined in many respects, hence decided on a case-to-case basis.
https://youtube.com/c/LAWEXPLORER
4οΈβ£ Important Case Laws
π² Keshav Singhβs case (1965): Supreme Court held that Parliamentβs privileges are subject to judicial review.
π² Shiv Sagar Tiwari case (1997): Misuse of privileges (allotment of government accommodation) was criticized.
https://youtube.com/c/LAWEXPLORER
π² Conclusion
The powers, privileges and immunities of Parliament and its members are essential to maintain the independence and dignity of the legislature. However, since many privileges remain uncodified, the balance between legislative privileges and fundamental rights is maintained by the judiciary.
π Exam Tip: Always write β Articles 105 & 194, freedom of speech, freedom from arrest (civil cases), Keshav Singh case (1965).
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LAW EXPLORER
This channel is an initiative for providing an aid towards legal study.
Forwarded from π LAW STUDENTS Β© π (ASIF ALI)
The BNSS applies to:
Anonymous Quiz
90%
o A) Whole of India
6%
o B) Only Union Territories
2%
o C) Only metropolitan cities
2%
o D) None of the above