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Jan 11th, 2022 - Daily Quiz
- A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
- A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
- A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
- A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
- A bill passed by both Houses but pending assent of the president does not lapse.
- A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.
- A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
- The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
- They have both civil and criminal jurisdiction over the offences.
- The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.
- Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.
- devolving justice delivery to the fourth tier
- ensuring equal access to justice
- reducing the burden of district courts
- delivering speedier justice
- reducing the costs associated with litigation for the common man
- reducing dependency on extra-constitutional forums of justice
- President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
- Use of Article 356
- The Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power under Article 356 could be proper.
- One such situation is that of ‘Hung Assembly’, i.e. where after general elections to the assembly, no party secures a majority.
- Constitutional Provisions
- The President’s Rule is imposed through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
- Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.
- Parliamentary Approval and Duration
- A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
- The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting.
- Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.
- Consequences of President’s Rule
- The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
- The President can declare that the powers of the state legislature are to be exercised by the Parliament.
- President either suspends or dissolves the state legislative assembly. The Parliament passes the state legislative bills and the state budget.
- The President’s Rule does not lead to dissolution of local bodies.
- Revocation
- A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
- This happens, in case, the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government.
- The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the Government.
- If there is a pre-poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government.
- In case no party or pre-poll coalition has a clear majority, the Governor should select the Chief Minister in the order of preference as indicated below:
- The group of parties which had pre-poll alliance commanding the largest number.
- The largest single party staking a claim to form the government with the support of others.
- A post-electoral coalition with all partners joining the government.
- A post-electoral alliance with some parties joining the government and the remaining including independents supporting the government from outside.
If any member other than a minister introduces a bill, it is called a private member bill. The bill can be introduced by both ruling and opposition party MPs. Private member bill is a bill proposed by a member who is not a member of the cabinet and executive. The session for private member bill is held at alternative Fridays from 2 pm to 6 pm.
This bill needs a month of notice; this has no impact on the health of the government when the private member bill gets rejected. Till date, the parliament has passed fourteen private member bills; the last one was passed on 1970. Most of the bill passed by the private member is not even read or discussed and dismissed. Private members bills are accepted even those are constitutional amendment bills but not that those are money bills.
The Rights of Transgender Persons Bill, 2014- In Lok Sabha, the last two and half hours of a sitting on every Friday, and in Rajya Sabha two and half hours, i.e., from 2.30 p.m. to 5.00 p.m. on every alternate Friday are allotted for transaction of “Private Members’ Business”, i.e., Private Members’ Bills and Private Members’ Resolutions.
- The last time a private member’s Bill was passed by both Houses was in 1970.
- Till Now, only Fourteen Private Member’s bill have been passed by the Parliament.
- The Rights of Transgender Persons Bill, 2014: The Rights of Transgender Persons Bill, 2014 is a private member bill introduced by Trichy Shiva M.P. of Tamil Nadu, which seeks to end the discrimination faced by transgender people in India.The Bill was passed by the upper house Rajya Sabha on 24 April 2015. It was introduced in the lower house Lok Sabha on 26 February 2016. The Bill is considered historic as for being the first private member’s bill to be passed by any house in 36 years and by Rajya Sabha in 45 years.