Wednesday, August 31, 2016

Conditions when the bills lapse in parliament with real examples



Here we have to first know that Rajya Sabha and Legislative Councils are permanent Houses and Loksabha and Legislative Assembly are subject to dissolution.And hence any bill pending in Lok sabha or  Legislative Assembly will be Lapses when it dissolves.
        Condition when bill lapses:::

1)A bill originated in lok sabha and pending in Lok Sabha.

Example::The National Co-operative Development Corporation (Amendment Bill) 2012.

ƒThe National Co-operative Development Corporation (Amendment) Bill, 2012 was introduced in the Lok Sabha on May 17, 2012 by the Minister of Agriculture and Food Processing Industries, Mr. Sharad Pawar. The Bill was referred to the Standing Committee on Agriculture (Chairperson: Basudeb Acharia) on May 25, 2012. The Committee has been granted an extension till the last day of the Winter Session, 2012 to submit its report. a

This bill was introduced in Lok sabha and was pending ,since  lok sabha dissolved in 2014 the bill lapsed.

2)A bill originated and passed in Rajya Sabha but pending in Lok Sabha.
 example ::Constitution (One Hundred and Eighth Amendment) Bill(Women reservation in parliament) this bill was passed in Rajya Sabha pending lok sabha Lapsed,

3)A bill originated and passed in Lok Sabha but pending in Rajya sabha.

  1. 4)

  1. A bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajaya Sabha on the date of the dissolution of Lok Sabha- lapses.

Some Fundamental Rights Explained by Real Time Examples

          High Court Rules, Women can enter Haji Ali sanctum 



CASE:  A public Interest petition filed by Dr. Noorjehan Safia Niaz and Zakia Soman,co-founder of the Bharatiya Muslim Mahila Andolan.

JUDGEMENT (HC) :"Women be permitted to enter the sanctum sanctorum of the Haji Ali Dargah at par with men".

high court considered to violation of 3 articles of constitution,all are fundamental rights
  Article 14(equality before law).
  Article 15(prohibition of discrimination on grounds of religion ,race,caste,sex or place of birth).
  Article 25(freedom of conscience and free profession,practice and propagation of religion)   

WRITS EXPLAINED BY REAL TIME EXAMPLE

          Context   --     A three-judge bench held that ashiq hussain  faktoo writ petition asking the                 court    to   reconsider,  Its decision to award the life sentence merely  on basis of his                           confessional  statements ,under TADA was not maintainable.
          

Court's reply(SC)  ~~   "The present writ petition under Article 32 of the Constitution by no stretch of reasoning , would fit into any of the permissible categories of post conviction exercises permissible in law"(HINDU).
          Mr  jathmalani(appearing for faktoo) :::argued court to correct the wrong done to faktoo as a               matter  of right under the principle of ex debito justitiae. 

          After reading the real time supreme court judgement(as above), many questions perplexes our mind.I try to solve this riddle in most efficient and understandable way.The first question crosses our mind is what is a WRIT.

      WHAT IS A WRIT??

     Writ is nothing but a order issued by court that something must be done or to order a authority to do a specific act.
Simply speaking, WRIT is a order issued by court for the purpose of itself or for a authority to perform specific act.

After reading the above your mind starts to reason and want to delve into depth. Obviously you will start questioning ,then what is WRIT petition.Lets try to explain WRIT petition.

      WHAT IS A WRIT PETITION??

A WRIT petition is a request to appellate court to grand immediate relief from the order of trail court.Granting of Writ petition is a rare sight since there are many hurdles to pass.

So, In the above case  ashiq hussain  faktoo filed a writ petition and court rejected his request.

Since  in the above case court mentioned ARTICLE 32,for the answer to writ petition.We can infer that ARTICLE 32 of Indian Constitution provides insight into writ of supreme court. 
 Lets explain what is ARTICLE 32 of Indian Constitution.

According to ARTICLE 32 ,supreme court can issue writ only when fundamental rights are violated.
Supreme court according to ARTICLE 32 can issue 5 types of WRIT they are:


            1)Habeas Corpus.
            2)Mandamus.
            3)Prohibition.
            4)Certiorari.
            5)Quo-Warranto.

 Habeas Corpus.:::It is an order given by court to the person who has detained other person,to produce the body of latter before it.The purpose is to examine the cause and legality of detention.


Mandamus::::It is a command issued by the court to public officer asking to perform his official duty which he failed  or refused to perform .

Prohibition::::It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it doesnot possess.

Certiorari::::It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

Quo-Warranto:::It is issued by the court to enquire into the legality of claim of a person to a public office.





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