Your Law English

By manish verma Your Law, Your Rights
Mr. Manish Verma is a teacher and a problem consultant. He also helps and guides NIOS
students. Manish is also a DU-SOL students worker. He is the founder of open schooling
awareness program. Apart from these, he is a motivational speaker – CEO and founder of
‘The Life Progress Academy’. President of Joshbadhao foundation.
I want to help you all in every way because we can contribute in any way in the
development of the country which will be a true tribute to the brave heroes and it will be my
first priority to take the country to a
new height for which I have tried to
convert some of my ideas from social
media and from my educational
academy into basalis in which the safety
of women, the education of daughters,
is the cause of terror from the country.
Protection of spirit and environment
should be our first priority! Hope you all
get full support in this.
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Question-1 Discuss the concept of rule of law and its relation with criminal
justice system.
Answer –
The basis of governance is the rule of law. In this type of rule, only the ruler and the politician are subject
to the law. The basic intention of the rule of law is that the method itself is paramount and omnipresent.
Governance is subject to law. And is restrained by laws. The rights of the person will not depend on the
voluntary government and will not be subject to law.
In the rule of law, all citizens are equal before law and all get equal protection of law. Any person can be
punished only if he has violated any existing law and the violation has been proved by the common law
process in the common courts of the country.
The rule of law has three major beliefs -

1. The supremacy of the method.
2. Equality before law.
3. Limitation of power of governance.
Originally, the concept of rule of law is a concept protecting the rights of the individual from autocratic
tyrannical rule. It is considered the basic principle of liberal ideology.
In his book Law of the Constitution, Dyssey has given three meanings of the
rule of law -
1. The rule of law means legal equality in the country.
2. According to the rule of law, a person can be punished for violating the law and not for anything else.
3. The third condition of the rule of law is that the decision of the judges on the interpretation of the
constitution or any other legal matter will be final and acceptable.
Legal rule in England:

The rule of law is the cornerstone of the British Constitution. The rule of law in England means that the
common law is supreme in England and all citizens are subject to the law without any discrimination. The
guarantee of equality before the law is the same as that of Prof. The law is called the rule of law in
England
The rule of law systematically began in England. The important contribution of the British Constitution is
the rule of law. This means that the common law is supreme in England and all citizens are subject to the
law without any discrimination. There is no architecture like autocracy in England and the law is equally
effective on all. The government has to work under the control of law.
This is the simple rule that the Constitution of England does not confer any special rights to the citizens
like America and India nor is there any parliamentary constitution which interprets the fundamental
rights. Yet in England, it is the protector of the freedom of citizens. The reason for this is that there is rule
of law in England. Government works in that country only as per the law. Even in England, taking shelter
of public welfare, the government cannot do any work which is not the basis of law.
All Rights Reserved © Manish Verma Web. www.themanishverma.com Whatsapp 8368259468

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Characteristics of rule of law: -

1. Law attains the paramount place in governance, not any person or officer. Government officials have to
work within the boundaries prescribed by law, not arbitrary.
2. The second feature of the rule of law is that all persons, irrespective of their rank or position, are equal
in terms of law and the same type of law and court has been established for them.
3. The third feature of the rule of law is that common principles of law are the protectors of civil liberties
and rights and the court is their protector. The rule of law is a feature of the British Constitution.
 Dyssey's rule of law: -

Dicey has best explained the concept of rule of law. Dyssey gave the idea of rule of law in his book 'Law
of the Constitution'. According to this, the rule of law means that the governance of a country should be
conducted by law, not by the will of any particular person. The best example of this is the governance of
Britain. In Britain, all persons, irrespective of their position or position, are subject to the same law and
the same type of court.
Law's paramountcy: - Arbitrary power, unlike the influence of discretionary power, is completely
supreme and dominant. Equality before law: - All classes of society should have equal arrangements
according to common rules before the common law courts. That is, all are equal before the law and no
one is ranked above or below. Thus this principle opposes special rights for a government official or any
other person. Dyssey says that there is no need for separate authorization or formation of special courts
to hear any matter of the government or its officials, their case should also be heard in ordinary courts.
The predominance of the legal spirit: - Dyssey was of the opinion that in England, personal
liberty, the right to avoid arbitrary arrest, etc. are the result of judicial decision.
Dyssey's criticism of the rule of law: -
i. Dicey only spoke of personal authority and completely ignored administrative power.
ii. Dicey believed that the administrative authority should not get special discretionary power either.
 Rule of law in India: -

In 1973 Kesavanand Bharti Cass said the Supreme Court, "The rule of law is the basic structure
of the Constitution. “Later in Jabalpur ADM vs SK Shukla, the Supreme Court said that the
Constitution is the rule of law.
Constitutional and other provisions indicate that the rule of law in India is -
Preface - It talks about personal freedom, equality and dignity.
 Fundamental Rights and some positive policy directive elements imposed by the state.
i. Criminal Procedure
ii. Judicial independence
iii. Power of judicial review

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 The rule of law in the Indian Constitution is taken from England.

 Criminal Justice System: -
In the past, the encounter deaths of four accused of rape have brought the issues of 'extra judicial killing',
'fake encounter' and 'quick justice' to the center of discussion once again in the country. Meanwhile, the
Uttar Pradesh Police has also claimed that 103 culprits have died and around 1,859 injured in a total of
5,178 encounters in the state in the last two years. In view of the increasing incidence of extra judicial
killing, it can be clearly said that the country's criminal justice system is almost on the verge of collapse
and the common man has lost his faith in it. Experts say that at such a time it is necessary that the
government should improve the criminal justice system as much as possible so that the trust of the
common citizen can be restored once again on the judicial system of the country.
Meaning of criminal justice system: -

• Criminal justice system refers to those agencies of the government working to enforce law, pass
judgment on criminal cases and improve criminal conduct.
• In fact, the criminal justice system is an instrument of social control, because society considers certain
behaviors to be so dangerous and destructive that it tries its best to control them.
The act of preventing, controlling and punishing those who do this is done by judicial institutions.
There are basically 3 elements of the criminal justice system:

Law enforcement: Law enforcement agencies report crimes in their designated jurisdiction
and conduct investigations in this regard. Also, their task is to collect and protect all the criminal
evidence. It is noteworthy that law enforcement agencies are considered to be an important part
of the Indian criminal justice system.
Adjudication: Adjudication institutions are an integral part of the criminal justice system and
are mainly divided into 3 parts:
i. Courts: Court actions are handled by judges. Their main task is to determine whether
an accused has committed a crime or not and if punishment should be done.
ii. Prosecution: Prosecutors are the lawyers who represent the state in the entire
proceedings of the court. The prosecutor reviews the evidence gathered by law
enforcement agencies and decides whether the case should be dropped or the case should
be filed.
iii. Defense Counsel: These represent the accused in the court against the lawsuit filed by
the government. For the trial of the court, the defense appoints these lawyers on some
remuneration, but if the accused is not competent for this work then it is also appointed
by the court.
• Correctional home or imprisonment: The main function of this institution is to monitor the
criminals convicted by the court and provide them basic facilities.

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 Objective of criminal justice system: -

• Preventing criminal incidents.
• Punishing criminals.
• To arrange rehabilitation of criminals.
• Compensation of victims as much as possible.
• Maintaining law and order in the society.
 Development of criminal justice system

• India has a long history of criminal justice. In this context, various systems developed in
ancient times and various rulers tried as much as possible to implement them.
• It is known that the codification of criminal laws in India was done during the British rule,
which is more or less the same in the 21st century.
• Lord Warren Hastings (1774–85) first identified the flaws and inequalities of the then prevalent
Muslim criminal justice system.
However, the biggest change in this context came with the creation of the Indian Penal Code.
The Indian Penal Code (IPC) was created in the year 1860 based on the recommendations of the
First Law Commission of India constituted under the chairmanship of Lord Thomas Macaulay.
Apart from this, the Code of Criminal Procedure (CrPC) was enacted in the year 1973 and
implemented in 1974.
 The need to reform the criminal justice system

Law enforcement
• In most of the states in the country, the image of the police has been as an institution which
abuses its rights rather than being friendly with the public.
• Corruption has spread like infectious disease in our country today. When corruption has
become a part of our life, then how can the police system remain untouched by it. It is necessary
to improve our police system and keep it in tune with the changing times.
• According to statistics, on an average, a police officer works for about 14 hours in a day, while
the Model Police Act recommends only 8 hours of duty. In a report released in September this
year, every other policeman had said not to get a single holiday in the week.
• Apart from excessive workload, the police department also has to face lack of necessary
resources. Some police stations also lack basic facilities like drinking water, clean toilets,
transport, adequate staff and money for regular purchases. It is noteworthy that India's ranking in
the Rule of Law Index released by the World Justice Project is 68th out of 126 countries.

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Award
• According to the Economic Survey 2018-19, about 3.5 crore cases are pending in the judicial
system. Of these total pending cases, more than 80 percent are in the district and subordinate
courts.
• The main reason of pending cases is lack of courts in India, shortage of sanctioned posts of
judges and vacancy of posts.
• According to the National Judicial Data Grid, over 20 lakh criminal cases have been pending in
district courts and high courts for more than 10 years.
• Talking only about rape related cases, NCRB statistics for the year 2017 show that a total of
1.27 lakh cases of rape in the country are pending in courts at various stages.
• According to the 2011 census, there are only 18 judges per 10 lakh people in the country. In a
report of the Law Commission, it was recommended that the number of judges should be about
50 per 10 lakh population.
• Significantly, to reach this position, the number of posts will have to be increased threefold.
• According to the 'Indian Justice Report' released in November this year, about 23 percent of the
total sanctioned posts of judges across the country are vacant. It is noteworthy that India spends
only 0.08 percent of its total budget on judiciary.
• It was also revealed in the Indian Justice Report that in the year 2017-18, the per capita
expenditure on legal aid in the country was only 0.75 rupees per year.
Reform house or imprisonment

 Statistics from the National Crime Records Bureau-NCRB show that in 2015 Indian prisons had
14 times more prisoners than capacity. Even after 2015, these figures have seen a steady
increase, but the worrying situation is that the number of jails has not increased significantly
during this period.
 It is clear from the above figures how bad the condition of prisoners in jails is. According to Jail
Statistics 2015, a total of 1,584 people died in the year 2015 due to the poor condition of the
prison.
 According to experts, a large number of cases pending in the courts are the main reason for the
poor condition of the jails and the excess inmates. In the year 2017, the government had
informed that the number of pending cases in Indian courts has increased to more than 26
million.

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Question 2- Discuss the provisions related to arrest and bail in India.

1. What is Arrest - Arrest?
2. Bail
Answer :-
What is arrest – arrest
According to the Ballentine Law Dictionary 1948 Ed.P.105, an arrest means taking, seizing, or
detaining another person, either touching it, or laying hands on it, or by any act that he or she
takes Indicates intention to take. Detained, and subjects arrested according to the actual control
and will of the person arrested. Under consideration V and sections 41 to 59 of Criminal
Procedure Code 1973, relating to arrest of persons.
1. According to Section 41 (1) Cr.P.C, any police officer can arrest any person without the
order of magistrate and without any warrant.
i. Which is related to a cognizable offense, or a reasonable complaint has been made, or

reliable information has been obtained or a reasonable doubt exists.
ii. Who is in possession of any implementation of house breaking.
iii. Who has been declared criminal or
iv. In whose possession anything is found, which can be suspected to be stolen property.
v. One who obstructs a police officer in the execution of his duty, or who has survived, or
tries to escape.
vi. It is suspected to be desperate from any of the armed forces.
2. According to Section 42 of Cr.PC, any person who, in the presence of a police officer, has
committed or is charged with committing a non-cognizable offense, demands to give his name
and residence to such officer But could refuse, arrested.
3. According to Section 50 of Cr.P.C, a person arrested without warrant should be informed

about the basis of his arrest and his rights regarding bail.
4. According to Section 53 of the Cr.PC, when a person is arrested and if there are reasonable
grounds to believe that an examination of his person will cost evidence as a commission of a
crime, then it is against a registered physician Shall be lawful for, acting not below the rank of

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sub-inspector at the request of a police officer (and for any person assisting and in good faith in
his direction), such examination of the arrested person as reasonably necessary To create, and to
use such force is reasonably necessary for that purpose.
When a woman's person is to be examined under this section, the examination will be conducted
only by a woman registered doctor or under her supervision.
5. According to Section 56 of Cr.PC, a police officer making arrest without delay, without delay
and subject to the provisions herein, shall have jurisdiction over the person arrested or taken as
bail. May arrest before or before. Officer in charge of a police station.
6. According to Section 57 of the Cr.PC, no police officer shall detain a person who is arrested
without any warrant unless all the circumstances of the case are reasonable, and such period shall
be by special order. Will not be in absence A magistrate of more than 24 hours is required under
section 167 of the time required to travel from the place of arrest to the magistrate's court.
7. According to Section 151 of Cr.P.C, a person can also be arrested for preventing the
commission of cognizable offenses.
What is meant by "bailable / non-bailable offense"

Under the Criminal Procedure Code 1973 (earlier schedule), offenses are classified as 'bailable'
and 'non-bailable' offenses.
i. In case of bailable offense, it is binding on the investigating officer to grant bail. However, in
case of non-bailable offense, the police cannot grant bail and bail can only be granted by a
judicial magistrate / judge.
ii. In case of bailable offenses, if the accused produces a reasonable bail, and satisfies other
conditions, it is bound to grant bail to the investigating officer.
iii. In case of non-bailable offense, the investigating officer has to produce the accused before
the concerned judicial magistrate / judge within 24 hours of the arrest. At that time, the
accused has the right to apply for bail.
Question 3 - In the context of India, discuss the laws related to child abuse and
sexual harassment.
Answer -
Introduction: To eradicate this evil from India, violence with women can be considered
through comprehensive information-education-communication (IEC). Such campaigns
supplement existing legal provisions such as the Protection of Women from Domestic Violence
Act, 2005, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 and Sections 354A, 354B, 354C and 354D of the Indian Penal Code. And provide
them with perfection - all of these laws deal with sexual harassment and other forms of
mistreatment such as visitation and stalking. However, these laws can be effective only when
women come forward and file cases against the culprits, which happens only occasionally. Thus,
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usually a large number of such cases are not registered for fear of slander, especially when the
victim has to file a complaint against her husband, family member or any other acquaintance.
Therefore, these legal provisions made for the prevention of criminal activity are generally used
only as measures to relieve the victim after a crime has occurred. In 2013, the Mumbai Police
partnered with ORF to launch an advertising campaign as part of a campaign to "make Mumbai
safe for women and children". Under this, women were encouraged to come forward and lodge a
complaint on helpline 103 of Maharashtra Police. The same year, O&M launched another
campaign, in which police warned men that if they would commit any kind of violence against
women, they might have to bear the consequences. If such campaigns were to be promoted
across the country, they would have helped law enforcement agencies and prevent crime, rather
than as a means of rescuing the victim after the crime.
India is still lagging behind in studying, understanding and trying to change the mindset of
attackers. We are still largely ignoring the view propagated by experts that "men and boys need
to look beyond part of the problem to truly end violence and discrimination against women and
girls; They have to see it as an inseparable part of the solution. " A holistic approach to dealing
with violence against women can never be completed without serious efforts to change the
behavior of criminals.
There is only one kind of story behind every kind of violence with women - they are born in the
society, so the society itself has to work towards improving them.
The perpetrators of violence are not used to abuse from birth. They are mentally prepared to
behave that way from childhood. Madhumita Pandey interviewed 100 rape convicts for her
doctoral research at the Department of Criminology at Anglia Ruskin University, UK. In an
interview, he said, "When I went to research, I thought he would be crazy, but when I talked to
him, he realized that he was not a unique person. He was a very normal person. Everything he
did was done because of his upbringing and thinking. " There is only one kind of story behind
every kind of violence with women - they are born in the society, so the society itself has to work
towards improving them.
The 'Kishore Dialogue', organized by the Center for Health and Social Justice (CHSJ), was
another new endeavor under which body understanding, sexuality, discrimination between boys
and girls, masculinity, menstruation, self-immolation, mobility of girls and marriage age A series
of audio-visual stories about Adi was prepared. One can listen to these audio stories by dialing a
free number through their basic mobile phone.
Both women and men are being harmed as a result of stereotypes and the chances of establishing
a satisfactory, mutually respectful relationship are being clouded.
These efforts, despite being impressive, have been limited to a few cities and are not enough to
solve this macabre problem. The central government had set up the Nirbhaya Fund at its level in
2013 for projects related to women's safety. The amount of this fund has increased to Rs 3,100
crore during the year 2013 to 2017. 22 proposals relating to the safety and security of women

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under this fund have been formulated and recommended by the Empowered Committee from the
Central Ministries and State Governments.
These 22 proposals include schemes such as 'One-Stop Centers', which have been established to
facilitate their access to an integrated range of medical, legal and psychological services to help
women who are victims of violence. They will be linked to '181' and other helplines. So far, 151
one-stop centers have been started. The objective of the 'universalization of women's helpline'
scheme is to provide 24-hour immediate and emergency relief to women suffering from violence
through referrals. This helpline also provides information about government schemes related to
women across the country.
While these schemes are being implemented and ultimately their results are also coming out, but
they will not be able to solve this problem till we start the continuous method of change in
behavior. This can be done by organizing a collective nationwide IEC campaign by the Center
and the state to encourage a sense of healthy masculinity. Continued IEC campaigns have shown
significant success in the past. For instance, a television advertisement created by UNICEF and
the Ministry of Health and Family Welfare for a polio vaccination program in 2002, 'Do Drop
Zindagi Ki'. In this ad, cine actor Amitabh Bachchan scolds mothers for not taking their children
to polio booths Have been. This, as well as campaigns coordinated by local self-government
bodies across the country, eventually led to the 'Polio Free India' in 2014.
Question 4- Test the constitutional and legal provisions adopted for the
protection of the rights of scheduled castes and scheduled tribes in India.
Answer -
Role -
Article 46 of the constitution provides that the state will take special care of the educational and
economic interests of the weaker sections of the society, especially the Scheduled Castes and
Scheduled Tribes, and protect them from social injustice and all forms of exploitation. The
provision of reservation in educational institutions is made in Article 15 (4) while the provision
of reservation in posts and services is made in Articles 16 (4), 16 (4A) and 16 (4B) of the
Constitution. Some other provisions have also been included in the Constitution to protect and
promote the interests and rights of Scheduled Tribes in various areas to enable them to join the
main stream of the nation.
Article 23 which prohibits prostitution, begging and forced labor has special significance for the
Scheduled Tribes. In pursuance of this Article, the Parliament enacted the Bonded Labor System
(Abolition) Act, 1976. Similarly, Article 24 which prohibits the employment of children below
the age of 14 years in a factory or mine or any other hazardous work, is also of special
importance to the Scheduled Tribes as excessive share of child laborers engaged in these works.
Belongs to scheduled tribes only. Other specific safeguards read with the provisions mentioned
in the 5th and 6th Schedules of the Constitution are available in Article 244.
Key Provisions: -

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Article 164 (1)

Provides that in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Orissa, there shall be
a Minister in charge of the welfare of the tribes who may also be in charge of the welfare of the
Scheduled Castes and Backward Classes or any other work.
Article 243D
Provides reservation of seats for Scheduled Tribes in Panchayats.
Article 330
Provides reservation of seats for Scheduled Tribes in the Lok Sabha.
Article 332
Provides reservation of seats for Scheduled Tribes in Legislative Assemblies.
Article 334
Provides that reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and
State Legislatures (and representation of Anglo-Indian communities by nomination in Lok Sabha
and State Legislative Assemblies) will continue till January 2010.
State Special Provisions: -

Article 371A
Nagaland makes special provisions with respect to the state.
Article 371B
Assam makes special provisions with respect to the state.
Article 371C
Manipur makes special provisions with respect to the state.
Article 371F
Sikkim makes special provisions with respect to the state.
Amendment of constitutional orders specifying Scheduled Tribes

• As a result of the reorganization of the States in 1956 by the States Reorganization Act, 1956
(Act 37 of 1956), the above 2 Constitutional Orders Section 4 of the Scheduled Castes and
Scheduled Tribes Order (Amendment) Act, 1956 (Act 63 of 1956) dated 25th September, 1956
were amended under s. Pursuant to Section 41 of the State Reorganization Act and the Bihar and
West Bengal (Transfer of Areas) Act, 1956 (40 of 1956), the President issued the Scheduled
Castes and Scheduled Tribes Lists (Amendment) Order, 1956.

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The Constitution (Scheduled Tribes) Order, 1950 was amended under section 3 (1) of the List
Amendment Order, 1956 whereas the Constitution Scheduled Tribes (Part C States) Order, 1951
was amended by the List Amendment Order, 1956, Section 3 (2) Modified under.
The First Backward Classes Commission (under the chairmanship of Kaka Kalelkar) was set up
in 1955, keeping in view the demand of various sections for the specialization of Other
Backward Classes. The Kalelkar Commission submitted its report in 1956. The Commission also
recommended inclusion of Scheduled Tribes in other backward classes. In addition, an advisory
committee was formed in 1965 to amend the lists of Scheduled Castes and Scheduled Tribes
(Lokur Committee) to examine the demand for the specialization of new communities in the list
of Scheduled Tribes through the process of amendment of the Constitution Scheduled Tribes
Order. .
• Thereafter, a draft bill for amendment of the Constitution Orders introduced in Parliament was
sent to the Joint Select Committee of Parliament on the Scheduled Castes and Scheduled Tribes
Order (Amendment) Bill, 1967 (Chanda Committee). For a community to identify as a
Scheduled Tribe, the following Required features accepted –
i. Primitive nature of life and habitat in isolated and scarce access areas,
ii. Specific culture,
iii. Hesitate to connect with the community at large
iv. Geographic isolation, and
v. General backwardness
To consider the demand for entry of certain communities in the list of Scheduled Tribes and in
keeping with the above criteria, the Constitution Order is broadly enforced by the Constitution
Scheduled Castes and Scheduled Tribes Order (Amendment) Act 1976 (No. 108 of 1976) Were
amended while new constitution orders were also issued in respect of some states.
Revised procedure for entry or removal in the list of Scheduled Tribes

The following formalities are mentioned in the June 1999 list of Scheduled Tribes for deciding
claims on entry or expulsion -
Only those claims on which the respective State Governments agree are considered by the
Registrar General of India and the National Commission for Scheduled Tribes.
Whenever representations are received in the Ministry for transmitting a community in the list of
Scheduled Tribes of a State / Union Territory, the Ministry shall forward those representations to
the respective State Government / UT Administration for the requisite recommendation under
Article 342 of the Constitution. gives.
If the concerned State Government recommends the proposal, it is sent to the Registrar General
of India for his comments / views.

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The Registrar General of India, if satisfied with the recommendations of the State Government,
recommends that the proposal be forwarded to the Central Government.
After that, the government sends the proposal to the National Commission for Scheduled Tribes
for their recommendation.
If the National Commission for Scheduled Tribes also recommends the case, the matter is
referred to the Cabinet for decision after consultation with the administrative ministries
concerned. Thereafter, the matter is brought before Parliament in the form of a bill to amend the
Presidential Order Claims for accession, removal or other amendments which are neither
endorsed by the Registrar General of India nor the respective State Governments will not be
referred to the National Commission for Scheduled Tribes. It will be rejected at the level of the
Ministry of Social Justice and Empowerment.
If there is a disagreement between the views of the State Government and the Registrar General
of India, the views of the Registrar General of India will be forwarded to the State Governments
to justify their recommendations. On receipt of the clarification from the State Government /
Union Territory Administration, the proposal is again forwarded to the Registrar General of India
for comment. In cases where the Registrar General of India does not agree on the points of view
of the State Government / Union Territory Administration with reference to the Second
Government, the Government of India may consider the rejection of such proposal.
Similarly, in cases where the State Government and the Registrar General of India are in favor of
entry / removal but do not have the support of National Commission for Scheduled Tribes, the
same will be rejected.
The claims automatically recommended by the National Commission will be forwarded to the
Registrar General of India and the State Governments. Depending on their response, they will be
disposed of as far as possible formalities.
Question 5 Discuss the laws related to the protection of the rights of the
working class by emphasizing the Minimum Wages Act (1948).
Answer -
Minimum Wages Act, 1948
The Act authorizes the government to set minimum wages for employees working in specified
jobs. In this, there is a provision for reviewing and amending the minimum wages already
prescribed at appropriate intervals and at maximum five-year intervals. The Central Government
is the appropriate agency for any scheduled employment conducted by or under its authority or

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in railway administration or in relation to mines, oil fields or big ports or any corporation
established under the Central Act. State governments are the appropriate government in relation
to other scheduled employment.
The Central Government has a limited relationship with agricultural farms in the building and
construction activities which are mostly conducted by the Central Public Works Department,
Ministry of Defense, etc. and under the Ministries of Defense and Agriculture. Most of such
employment falls within the state territories and it is through them that the wages are to be fixed /
revised and to ensure their implementation in relation to the scheduled employment under their
own areas.
The enforcement of minimum wages in the central sector is ensured through the Central
Industrial Relations Mechanism (CIRM). The Central Government has fixed the minimum wages
under the Minimum Wages Act, 1948 for 40 scheduled employments under the Central Sector.
The Chief Labor Commissioner is the VDA to review it at the interval of six months ie April 1
and October 1.
Question 6:- Evaluate the working of the Right to Information Act (2005) in
strengthening democracy in India.
Answer 6 - Indian constitution gives the right to freedom of expression to the citizens of the
country i.e. every citizen of the country has the right to express his free opinion on any subject
and share it with others, but many independent thinkers have always believed It is that in the
absence of information and transparency, freedom of expression has no importance. The right to
information plays an important role in strengthening and democratizing large democracies like
India.
Historical background of right to information

 The global right to information gained a new identity when the Universal Declaration of
Human Rights was adopted by the United Nations General Assembly in 1948. Through
this, everyone was empowered to seek and obtain information through media or any other
means.
 According to Thomas Jefferson, the third President of the US, "Information is the
currency of democracy and plays an important role in the growth and development of any
vibrant civilized society."
 The Indian Parliament enacted the Right to Information Act, 2005 with a view to
strengthening Indian democracy and bringing transparency in governance.

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Right to Information Act, 2005

The Right to Information-RTI Act, 2005 is an Act of the Government of India, which has been
enacted to provide the right to information to citizens.
Main provisions of the Act

 Under the provisions of this Act, any citizen of India can request for information from any
government authority, a provision has been made to provide this information within 30 days.
If the information sought relates to life and personal liberty, there is a provision to make such
information available within 48 hours.
 The Act also states that all public authorities will protect their documents and keep them in
computer.
 In case of dissatisfaction regarding the content of the information received, non-receipt of
information within the stipulated time period, an appeal can be made from local to state and
Central Information Commission.
 Through this Act, information of President, Vice President, Prime Minister, Parliament and
State Legislature as well as constitutional bodies like Supreme Court, High Court,
Comptroller and Auditor General (CAG) and Election Commission and their related posts.
Rights have been brought under the purview of the Act.
 The Act provides for the constitution of a Chief Information Commissioner at the Central
level and a Central Information Commission with a membership of 10 or less than 10
Information Commissioners. Based on this, a State Information Commission will be set up in
the state as well.
 This Act applies to all other states except Jammu and Kashmir (here J&K Right to
Information Act is in effect).
 It includes all constitutional bodies, institutions and bodies constituted by Acts of Parliament
or State Legislatures.
 The obligation to disclose information that adversely affects the sovereignty, unity, integrity,
strategic interests, etc. of the nation is provided.
Objectives of RTI Act: -
i. Transparency
ii. Determining Accountability
iii. Empowering citizens
iv. Curbing corruption
v. Ensuring participation of citizens in the process of democracy
RTI achievements
Famous 2G scamThis scam is the most prominent example of misuse of powers by officers in
high positions. The scam resulted in a loss of Rs 1,76,645 crore to the Indian government. It is

15
noteworthy that this big scam came to light when an RTI worker filed an RTI against it using the
Act.
Recent amendments to the Information Act: -

Recently, the Central Government had amended the Right to Information Act, 2005, on which
many critics and analysts believed that this move would endanger the basic spirit of the Right to
Information Act.
Main amendment to the Act

i. Under the amendment, a provision was made that the salary, allowances and other
conditions of service of the Chief Information Commissioner and Information
Commissioners and State Chief Information Commissioners and State Information
Commissioners would be decided by the Central Government.
ii. It is noteworthy that the term and service conditions of the Chief Information
Commissioner and Information Commissioners were provided in Section 13 of the RTI
Act. The Act stated that the salaries, allowances and conditions of the Chief Information
Commissioner and Information Commissioners would be the same as the Chief Election
Commissioner and Election Commissioners respectively. It also provided that the salary
of the State Chief Information Commissioner and State Information Commissioners
would be the same as the Election Commissioner and Chief Secretary respectively.
Criticism of amendment
The move of the central government was severely criticized by many RTIs and social workers.
The workers said that with such amendments, the Central Government is trying to acquire the
powers of determining the salaries, allowances and other conditions of service of the Chief
Information Commissioner and Information Commissioners and State Chief Information
Commissioners and State Information Commissioners, the effect of which This further reinforces
the possibility that people in these positions will be more interested in proving their loyalty to the
government and not in the interests of common citizens.
Why is right to information important?

 The right to access to information empowers the poor and poor sections of society to seek
and obtain information about public policies and actions, so that their welfare is possible.
 This Act brings all the steps of the government under scrutiny before the general public.
 This makes the government and government departments more accountable and brings
transparency in their work.
 It improves adjudication by removing unnecessary privacy by public authority.
Challenges before RTI

16
Lack of awareness - It was found from a survey that only 15 percent of all the participants
participating in it knew about the RTI Act. It was also revealed from the survey that most people
either came to know about it from the media or got information from another person. This means
that the work of its Nodal Agency on RTI awareness is very limited.
Poor quality of information provided - 75 percent of RTI filing workers are not fully
satisfied with the information received. 91 and 96 percent of the petitioners from Andhra Pradesh
and Uttar Pradesh, respectively, have expressed dissatisfaction regarding the information
received under the RTI. At the same time, many petitioners have also admitted to receiving
unnecessary information.
Non-receipt of information on time - The Act provides that in any normal circumstance
it is necessary to provide the information within 30 days, but in the above survey it was revealed
that due to mismanagement of the information, 50 percent of the petitioners got this period. The
required information is not received within.
 Other challenges
• The system of keeping and preserving records in the bureaucracy is very weak.
• There is a lack of adequate infrastructure and staff to run the information commissions.
• Efficient implementation of the right to information laws, such as the Whistle Blower
Protection Act, has not been implemented.
The conclusion
The RTI Act, 2005 was brought to achieve objectives like social justice, transparency and
accountability, but it cannot be denied that it has failed to achieve its objective due to the failure
of the RTI mechanism. It is necessary that the government and civic institutions should work
together to strengthen the RTI Act, which will also increase people's participation in the
administration along with controlling corruption.
Question 7-Write an essay on the rights of forest dwellers on the forest with
special reference to the Forest Rights Act (2006).
Answer 7 -
Introduction - The Forest Rights Act (2006) was a historic forest law in India, under which
individual and community rights over forest resources were recognized. However, as of
November 2018, ownership has been granted in only 44.83% of the total claims received across
the country. Sayak Sinha has described various issues related to the implementation of this Act
based on field studies done in Maharashtra, which historically make it difficult for marginalized
tribals and forest dwellers to get rights.

17
Forests or forests are complex socio-ecological structures that create economic opportunities for
the people living within them. People living outside the forest are concerned about their safety.
The governance system of forests has been situated amidst various statements about the
importance of forests and their relationship with those living inside and outside. It is because of
this complexity of forests that till date the state has been unable to formulate a strong definition
of forests. Thus the passage of the Forest Rights Act (FRA) 2006 was a historic event in India in
relation to forest law, which recognized the traditional rights of 'tribals and other forest dwellers'
communities over the control and use of natural resources.
It recognizes individual and community rights over forest resources. After decades of trying to
keep them out of the woods and limiting their access, the law seeks to hand over forests to the
people, and recognizes their role in the conservation of forests. However, its implementation has
not been very smooth. The law has also seen disputes on the basis of protection and
implementation. As of November 2018, ownership has been awarded in only 44.83% of the total
claims received across India. In this article, I have discussed these two problem areas of FRA
based on observational studies of participants in two villages of Maharashtra in the year 2018,
and put its findings for larger debate in the context of FRA .
Historical Context
The Center for Policy for Forests and subsequent debates have given almost two types of
arguments. The first is to protect the means of livelihood of the tribals and other forest dwellers
and to ignore the historical injustice done to them, which has traditionally been dependent on
forests for generations. Second, state-controlled exploitation of forest resources, conservation of
forests and wildlife and keeping them away from human intervention on as wide a scale as
possible. The second argument had been the dominant statement for most of history. Starting
with the Indian Forest Act, 1865 and subsequent legislations, the colonial state took full control
of forest land and restricted access to traditional forest dwellers (Guha 1983). Forestry continued
to be regarded as an important source of revenue for the government, with an emphasis on the
complete industrialization of the Nehruvian state after independence, and focused on their
economic exploitation (Guha 1983).
Both approaches reflect the resulting legislation regarding the governance of forests and the
conflicting behavior of the state. Whereas the Wildlife Protection Act (1972) and the Forest
Protection Act (1980) are an attempt to protect wildlife by limiting access to humans. The Forest
Rights Act (2006) recognizes the traditional rights of forest dwellers and the need to
institutionalize their access to forests. Thus, the Indian state acted as a protector by restricting
their access to forests, making statutory arrangements for the rehabilitation of livelihoods and
shelter of forest-dependent people. This dual attitude of the state has brought a lot of scope in the
scope of implementation of the Act. No single department has the privilege to implement the
FRA, but it requires the revenue, rural development and forest departments to work together.
Each must be involved in the proper identification of the land and ensure the conservation of
forests.
Broad implications

18
Tribals and other forest dwellers have lived in forests for thousands of years, doing agricultural
work and consuming non-timber forest produce. Each implementation department has its own
interests. For example - the focus of the forest department is more on protecting forest land and
keeping these lands under its direct control whereas the revenue department is mainly interested
in increasing tax collection. In such a scenario, the tribals are required to go through bureaucratic
hurdles, compile and document many evidences, and complete all the procedures in the same
manner as in towns and villages to be able to interact with the will. people do. Despite that they
are socially and politically far from the rest of the citizens. The FRA has in a way brought the
marginalized people very close to the state and enabled them to act as citizens.
In villages like Lengre and Humbe Basti, people are caught in the trap of complex processes.
They should be part of a type of dialogue of state-society for which they are neither sufficiently
literate, nor experienced. In order for the state to enter new spheres of society it is necessary that
its nature is understandable and beneficial to the occupants of those places, which was not the
case at all.
As seen in these two villages, villagers were entangled in these bureaucratic complexities and
struggled for years to obtain legal rights over their own land. Matters are further complicated by
the fact that these are lands where people live and do agricultural work. This is the land that
gives them shelter and livelihood and all legal hurdles must be easily overcome to achieve this.
Therefore, the FRA needs to be amended immediately to create a system that is historically fair
to the marginalized and gives them the right to life and subsistence.
Question 8 Briefly comment on the following

Answer :-
(1) Procedure for making voter ID card: - The Indian voter ID card is an identity document
issued by the Election Commission of India for adult residents of India, which is given to the
person who has completed the age of 18 years, mainly the Indian voter ID. The letter serves
as an identity proof for Indian citizens when casting their votes in the country's municipal,
state and national elections. It also serves as a common identity, address and age proof for
other purposes such as purchasing a mobile phone SIM card or applying for a passport. It
also serves as a travel document to travel to Nepal and Bhutan by land or air. It is also known
as Electoral Photo Identity Card (EPIC) [3]. It was first introduced in 1993 during the tenure
of Chief Election Commissioner TN Seshan.
 Physical Appearance :
Initially, voter ID cards were printed with black ink on regular paper and coated with plastic. In
2015, the Indian government started introducing the lowest perishable PVC color version,
conforming to the ISO / IEC 7810 (ISO / IEC 7810 size standard) size standard that most ATMs
use. This is done in the card.
On the front, the EPIC contains the voter's name, the name of a relative they have chosen (such
as their father or mother), and the voter's ID number with the voter's photograph. The address of

19
the voter's home is printed on the back of the card, along with an image of the signature of their
Electoral Registration Officer. The bench also mentions the voters' constituency and their
constituency. The new series also has a 'part number', which helps voters and election officials
locate the voter list.
Procedure to get Voter Card:

1. The voter card is issued to all Indian citizens who have attained the age of 18 years and have
qualified to become voters. To get a voter card, Indian citizens who have attained the age of 18
years, those people have to fill form - करना and apply with ID, Indian nationality, age and
residence certificate (proof of ID, Indian nationality, age and residence) Will be. [4]
2. Those of "unqualified mind", guilty of "corrupt practices", or election-related offenses are
ineligible to vote.
3. Applicants have to submit paper Form-6 to their booth level officer (BLO) of the area.
4. Applicants can apply online on the website of the Chief Electoral Officer given for that state
or can also apply directly on the website called National Voter Service Portal (NVSP)
Validity
If a person transfers his place of residence to another assembly constituency, he is no longer a
valid voter of the previous constituency. The person has to be re-registered as a voter in the new
assembly constituency. Therefore a new card is issued to him and the old card becomes invalid.
2. National Rural Employment Guarantee Act 2005: - Or, NREGA 42, later renamed as
"Mahatma Gandhi National Rural Employment Guarantee Act", MGNREGA), is an Indian labor
law and social security measure aimed at 'work. The right to do '.
Its goal is to increase employment security in rural areas by providing at least 100 days of
employment in a financial year for every family whose adult members do unskilled manual
work.
The act was the first time P.V. Was proposed in 1991. Narasimha Rao In 2006, it was finally
accepted in Parliament and implemented in 625 districts of India. Based on this pilot experience,
NREGA was formulated from 1 April 2008 for inclusion in all districts of India.
The statute has been called by the government as "the world's largest and most ambitious social
security and public works program". Development Report 2014, the World Bank called it "a
stellar example of rural development".
MGNREGA was launched with the aim of enhancing livelihood security in rural areas by
providing "at least 100 days of guaranteed wage employment in a financial year, for which adult
members of each family volunteered to do unskilled manual work Was. " Another objective of

20
MNREGA is to build sustainable assets (such as roads, canals, ponds, wells), to provide
employment within 5 km of the applicant's residence, and pay the minimum wage. If the work
has not been done within 15 days of applying, the applicants are entitled to unemployment
allowance. Thus, employment under MGNREGA is a legal entitlement.
MNREGA is to be implemented mainly by the Gram Panchayat (GP). The participation of
contractors is restricted. Labor-intensive tasks such as creating infrastructure for water
harvesting, drought relief and flood control are preferred.
In addition to providing economic security and creating rural assets, NREGA can help protect
the environment, empower rural women, reduce rural-urban migration, and promote social
equity.
1. Consumer Protection Act: -

Today the customer is surrounded by hoarding, black marketing, adulteration, sale of goods
without standard, high prices, non-service after guarantee, fraud, everywhere, low weights and so
on. Various laws have been made for customer protection, as a result, the customer has become
dependent on the government today. People who do illegal work, such as hoarding, black
marketing, adulteration etc. get political protection. Since customers are not organized, they are
cheated everywhere. This is where the customer movement begins. The customer has to wake up
and protect himself.
History
The consumer movement was started in the US by Ralph Nader. As a result of Nader's
movement, a bill on consumer protection was approved by then President John F. Kennedy in the
US Congress on March 15, 1962. For this reason, 15 March is celebrated as International
Consumer Day. The bill passed in the US Congress had four special provisions.
1. Consumer Protection Rights.
2. Right of consumer to get information.
3. The consumer the right to make choices.
4. Consumer right to hear.
The US Congress later added four more to broaden these rights .

1. Right to consumer education.
2. Right to receive damages.
3. Right to clean environment.
4. The right to obtain basic necessities such as food, clothing and housing.

21
Consumer Protection in India

As far as India is concerned, the direction of the consumer movement was established in 1966 by
some industrialists under the leadership of JRD Tata, under the Consumer Protection Fair
Practices Association in Mumbai and its branches were established in some major cities. The
Customer Panchayat as a voluntary organization was founded in Pune in 1974 by BM Joshi.
Institutions for consumer welfare were formed in many states. In this way the consumer
movement continued to move forward. On 24 December 1986, the Consumer Protection Bill was
passed by the Parliament on the initiative of the then Prime Minister Rajiv Gandhi and after the
President signed the Consumer Protection Act came into force across the country. Important
amendments were made to this Act in 1993 and 2002. After these extensive amendments, it has
become a simple and easy act. Provision of imprisonment and punishment under Section 27 and
attachment under Section 25 has been made for non-compliance of orders passed under this Act.
Consumer
According to the Consumer Protection Act, 1986, a person who purchases goods or services for
his own use is a consumer. The person using such goods / services is also a consumer with the
permission of the seller. Therefore, each one of us is a consumer in some form or the other.
Consumer rights
Right to protection from products and services that can cause damage to life and property. 2.
Right to know about the quality, quantity, effect, purity, standard and price of products and
services so as to protect the consumer from unfair trade practices. 3. The right to be assured of
access to various products and services at competitive prices wherever possible. 4. The right to
be heard and to assure that the consumer's interests will receive appropriate appropriation at
appropriate forums. 5. Right to be heard against unfair or restrictive trade practices or unethical
exploitation of consumers. 6. Right to consumer education.
What can be the complaints?
If you have suffered loss / damage due to improper / restrictive use by a trader or if there is any
defect in the goods purchased or there is a deficiency in the services hired / consumed or the
seller has shown the price Or by applicable law or the value has been taken in excess of its value.
Apart from this, if in violation of any law, goods which pose a risk to life and safety are being
sold to the public, then you can lodge a complaint.
Who can complain?

A consumer or a voluntary consumer organization registered under the Societies Registration Act
1860 or the Companies Act 1951 or any other law for the time being in force can file a
complaint.
Where to complain

22
Where to make a complaint depends on the cost of the goods services or the compensation
sought. If this amount is less than Rs 20 lakh, then complain to the district forum. If this amount
is more than Rs 20 lakh but less than Rs 1 crore, then file a complaint before the State
Commission and if it is more than Rs 1 crore, then before the National Commission. All
addresses are available on the website www.fcamin.nic.in.
How to complain
A complaint can be made by the consumer or by the complainant on plain paper. The complaint
should contain the details and address of the complainants and the name of the opposite party,
the facts related to the complaint and details of when and where it happened, documents
supporting the allegations mentioned in the complaint as well as the signature of the authorized
agent. No lawyer is required to lodge such a complaint. Also, a nominal court fee is charged on
this work.
Compensation
Removal of defects from goods supplied to consumers, replacement of goods, compensation for
loss or injury in addition to refund of the price paid. Along with removing errors or deficiencies
in services, the parties are given relief by providing adequate court litigation.
Some Laws for Consumer Rights Protection

The consumer as well as voluntary consumer organizations, central or state governments, may
take one or more consumer actions.
 Indian Telegraph Act-1885,
 Post Office Act, 1898
 Indian Sale of Goods Act 1930, relating to consumer / civil court
 Agriculture Products related to Directorate of Agriculture and Marketing, Government of
India
 Drug Control Administration MRTP Commission - Drug and Cosmotic Act-1940, relating to
Consumer Civil Court
 Monapaliies and Restrictive Trade Practices Act - 1969,
 Prize Chit and Money Circulation Schemes (Banning) Act-1970
 Indian Standards Institution (Certificate) Act-1952, relating to Consumer / Civil Courts
 The Anti-Adulteration of Food Act, 1954,
 Life Insurance Act-1956,
 Trade and Merchandise Marks Act-1958,
 Higher Purchase Act-1972,
 Chit Fund Act-1982,
 Consumer Protection Act,
 Railway Act'-1982
 Information and Technology Act-2000,
 Electrical Wire Cables - Equipment and Accessories (Quality Control) Act - 1993,

23
 Indian Electricity Act-2003,

 The Drug and Magic Remedies Act-1954, relating to drug inspector-consumer-civil court
 Food and Supplies Essential Commodities Act-1955,
 The Standards of Weight and Measures (Packaged Commodity Rules) - 1977,
 The Standard of Weight and Measures (Enforcement Act-1985,
 The Prevention of Black Marketing and Maintenance of Supplies of the Commodities Act-
1980
 Water (Conservation and Pollution Control) Act-1976, relating to the State Pollution Control
Board / Central Government.
 The Air (Protection and Control of Pollution) Act-1981,
 Household Electrical Appliances (Quality Control) Order-1981, related to Bureau of Indian
Standards - Civil / Consumer Court
 Bureau of Indian Standards Act 1986, relating to Bureau of Indian Standards
 Consumer Protection Act relating to Consumer Court,
 Ministry of Environment-Environmental Protection Act-1986 related to State and Central
Pollution Board
 Electrical Equipment (Quality Control) Order related to Bureau of Indian Standards-Civil-
Consumer Court
Brief Introduction
M. R T. P. Today, the tendency to exploit the consumer on the basis of misleading false
advertisements is seen to be flourishing in some merchants. Sometimes impossible things are
guaranteed, which cannot be fulfilled. The items promoted are not of quality and are priced
higher. Many times, monopoly is taken advantage of by overpricing.
The Monopolis and Restrictive Trade Practices Act, 1969 created by the Central Government to
protect the consumer from similar exploitation, is in effect known as MRTP Act. In case of such
complaint, the consumer should inform the MRTP commission so that it can be freed from
exploitation and necessary action can be taken against the businessman. Consumers can also
send such cases to the Food Department.
Consumer Protection Act - Consumer Protection Act 1986 was enacted to protect the rights and
interests of those who are consumers in some way or other from the exploitation of trade and
industry. According to this Act, any person who buys goods and services for his use is a
consumer. Users of these goods and services are also consumers with the permission of the
buyer.
4 Rights of disabled people: -

What is the UN Convention on the Rights of Persons with Disability?
What is the UN Convention on the Rights of Persons with Disability?

24
The United Nations Convention, also known as the 'Disability Convention', is about the human
rights of people with disabilities.
What are human rights?

These are the basic rights and freedoms related to all people - to be treated fairly and equitably
and with respect and dignity. Human rights also show how the government should treat people.
Such rights ensure that all people:
 To be safe and protect them from injury etc.

 make your own decisions
 Live a good life
 Be able to join your community and society.
What is a Disability Convention?

 Worldwide, people with disabilities do not have the same access to human rights that other
people have. The Disability Convention is a worldwide human rights agreement. It clarifies
the human rights of people with disabilities.
 This agreement does not give new human rights to people with disabilities. This makes it
clear that their rights are the same as everyone else's. It tells governments how barriers
should be removed and how to ensure that people with disabilities have access to their rights.
 The Disability Agreement was adopted by the General Assembly of the United Nations in
December 2006. It aims to promote, protect and ensure equal human rights and freedoms for
all people with disabilities, and to promote respect for the dignity of people with disabilities.
 Several governments, including New Zealand, have signed and ratified the agreement
(agreeing to abide by it).
Who are the disabled?

 The agreement defines people as people with disabilities who suffer from "long-term,
physical, mental, intellectual or sensory disorders". According to the agreement, people with
disabilities can be prevented from attending the same society as others due to the disorders
and attitudes of the society.
 Everyone is different. The principles of the agreement are based on respecting differences
and accepting people with disabilities as part of a diverse human society.
 The society disables people with disabilities by ignoring them. If they are included, they can
lead a full and happy life and contribute to society.
What does a disability agreement describe?

 The agreement aims to protect the civil, political, economic, social and cultural rights of
people with disabilities. Governments ratifying the agreement should implement civil and
political rights immediately. But they can enforce economic, social and cultural rights as well
as gain more resources.

25
 The agreement provides governments with practical information on how to ensure rights for
people with disabilities. This includes directives for making health, education, and other
services accessible, such as by providing mobility aids, assistive technology, and 'easy read'
information.
Civil and political rights

The agreement specifically identifies the following:
• right to life
• Safety in hazards and emergency situations
• Uniform Identity Ahead of Law
• Access to justice
• Right to freedom and security of the person
• Freedom from torture or cruelty, inhuman or degrading treatment or punishment
• Freedom from exploitation, violence and abuse
• Protection of the integrity of the person
• Right to freedom of movement and nationality
• Right to live independently and be included in the community
• Right to personal mobility
• Freedom of expression and opinion, and access to information
• Respect for privacy
• Respect for home and family
• Participation in political and public life.
Economic, social and cultural rights

•Education
•Health
• Relocation and habitat
•Work
• Adequate level of living and social security
• Participation in cultural life, entertainment, leisure and sports.

26
What is the role of Human Rights Commission?

• Identifies the United Nations (UN) commission as New Zealand's independent national human
rights body. The commission's task is to promote human rights and protect and investigate all
New Zealanders.
• The commission has identified people with disabilities as one of the most disadvantaged
sections in New Zealand. The major focus of its work is focused on improving their human
rights.
According to the Disability Agreement, any ratifying country should establish an independent
screening process. In New Zealand, it includes institutions of people with disabilities through the
commission, the Office of the Ombudsmen and the Disability Convention Coalition.
• The commission will independently inform the United Nations (UN) on how the agreement is
being implemented in New Zealand, aside from government reports. Institutions of people with
disabilities can also write reports to the United Nations.
Question :- How does a bill become an act?
A bill is a draft proposal. It requires to be passed through both the houses of parliament, followed by
the President's nod, to become an act.
The bill goes through two houses and three readings in both the houses to become an act.
In the monsoon session of Parliament, both Houses passed 25 Acts. About 15 of them were
passed on the last day itself. That begs the question, how does a Bill become an Act?

27
A Bill is a draft proposal, which needs to be passed in the Lower and Upper House, and
only after the President gives his assent, it becomes an Act.
The bill goes through two houses and three readings in both houses to become an Act.
Here's a look at the entire process.
First House
First reading
A Bill is introduced in either the Lok Sabha or Rajya Sabha, by a minister or a private
member. Whoever introduces the Bill, moves a motion for leave to introduce it. Once the
leave is granted by the House, the Bill is introduced.
At this stage, the bill is not discussed.
After the introduction of the bill, it is published in The Gazette of India. However, it can be
published before introduction as well by seeking permission from the Speaker. In this case,
the Bill is introduced straight away.
Second reading
The second reading has two stages.
First stage
In the first stage, the House discusses the Bill and it can opt to refer it to a select or joint
committee of both Houses to elicit an opinion.
Second stage
In this stage, the Bill is referred to the joint committee or a select committee.
The committee examines the Bill thoroughly and reports to the house. The house then
discusses the Bill, clause by clause. Each clause is voted separately. At this stage, the Bill
can be sent back for amendments; however, they are put to vote in the House before
relevant clauses are disposed.
If the amendments are accepted by a majority of the people, they become a part of the Bill.

28

29
Third reading
A Bill is put to vote by members of the House after a debate on support or rejection of the
Bill.
The parliament allows only formal, verbal, or consequential amendments at this stage.
If the bill is rejected by the majority of the members, it is deemed rejected.
However, if a majority of the members accept the Bill, it is deemed as accepted by the
House.
The Bill is then sent to the second House.
Second House
In the second House, the Bill goes through three readings and the outcome it can either be
rejected, kept pending, sent back for amendments or is passed.
Once it is passed, a Bill is presented in front of the President of India.
President's approval
The President has three choices:
 Withhold assent: The President can withhold his assent, in which case the bill is dropped and
it is called an absolute veto.
 Gives the assent: The Bill becomes an Act.
 Return for reconsideration: If the President feels the bill is violating the Constitution, he can
return it with recommendations under Article 368. However, the President cannot withhold a
Constitutional Amendment Bill passed by Parliament. At this stage, the Bill goes back to
Parliament and is revised. However, the houses might or might not decide to make the
amendments. The bill again goes to President, and now the President must give his consent.

30

31
These cases do not apply to money Bills, because the President himself suggests them. The
Bill becomes an act on the date of his consent and is published in The Gazette of India.

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By manish verma Your Law, Your Rights

©THE COPYRIGHT ACT 1957.

The rule of law has three major beliefs -

Legal rule in England:

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Characteristics of rule of law: -

 Dyssey's rule of law: -

Dyssey's criticism of the rule of law: -

 Rule of law in India: -

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 The rule of law in the Indian Constitution is taken from England.

Meaning of criminal justice system: -

There are basically 3 elements of the criminal justice system:

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 Objective of criminal justice system: -

 Development of criminal justice system

 The need to reform the criminal justice system

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Reform house or imprisonment

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Question 2- Discuss the provisions related to arrest and bail in India.

i. Which is related to a cognizable offense, or a reasonable complaint has been made, or

ii. Who is in possession of any implementation of house breaking.

iii. Who has been declared criminal or

3. According to Section 50 of Cr.P.C, a person arrested without warrant should be informed

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What is meant by "bailable / non-bailable offense"

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Article 164 (1)

State Special Provisions: -

Amendment of constitutional orders specifying Scheduled Tribes

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Revised procedure for entry or removal in the list of Scheduled Tribes

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Historical background of right to information

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Right to Information Act, 2005

Main provisions of the Act

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Recent amendments to the Information Act: -

Main amendment to the Act

Why is right to information important?

Challenges before RTI

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Question 8 Briefly comment on the following

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Procedure to get Voter Card:

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1. Consumer Protection Act: -

The US Congress later added four more to broaden these rights .

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Consumer Protection in India

Who can complain?

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Some Laws for Consumer Rights Protection