VARIOUS POWERS IN THE CONSTITUTION OF INDIA

POWERS IN THE CONSTITUTION OF INDIA
THE POWER IN THE CONSTITUTION OF INDIA CAN BE DIVIDED IN TWO CATAGORIES -
1. THOSE GIVEN TO VARIOUS WINGS OF STATE- FOR EXAMPLE,
--POWER GIVEN TO PARLIAMENT-LEGISLATIVE POWER TO MAKE LAWS, CONSTITUENT POWER TO AMEND CONSTITUTION,
POWER GIVEN TO EXECUTIVE, LIKE PRESIDENT, ELECTION COMMISSION ETC,  POWER GIVEN TO JUDICIARY
2. THOSE NOT GIVEN TO ANYBODY BUT IS SAFE ONLY WITH THE CONSTITUTION AND CAN BE USED BY HIGHER JUDICIARY-FOR EXAMPLE THE POWER OF BASIC STRUCTURE THEORY.
NOW HIREARCHY OF POWER IS
1. POWER OF BASIC STRUCTURE THEORY
2. CONSTITUENT POWER
3. LEGISLATIVE POWER
4.RULE MAKING POWER

WHY LAW IS NEEDED

The Report of the Joint Committee of Parliament quoted the observations of Jawaharlal Nehru to indicate the role of legislation in dealing with the social evil as under:

" Legislation .cannot by itself normally solve deep-rooted social problems, One has to approach them in other ways too, but legislation is necessary and essential, so that it may give that push and have that educative factor as well as the legal sanctions behind it which help public opinion to be given a certain shape."

 AS QUOTED IN Soni Devrajbhai Babubhai vs State Of Gujarat And Ors on 28 August, 1991

Equivalent citations: 1991 AIR 2173, 1991 SCR (3) 812

धर्मान्तरण

एक संवेदशील मुद्दा है. लोग धर्म के लिए भूखे रह लेते हैं, मर जाते हैं. भारत सरकार सर्वोच्च न्यायालय के पूर्व न्यायाधीश (जैसे मार्कण्डेय काटजू) की अध्यक्षता में एक आयोग का गठन करे जो आजादी के बाद से अब तक धर्मान्तरण से सम्बंधित सभी सामाजिक, आर्थिक, विधिक, राजनैतिक मामलों पर एक सांगोपांग(comprehensive) रपट दो साल में दे. सरकार इस रपट पर कार्यवाही करे.

VICTIM SOCIAL BOYCOTT CONSENT DISCUSSED IN 2014 SC ST AMENDMENT ACT

VICTIM SOCIAL BOYCOTT CONSENT DISCUSSED IN 2014 SC ST AMENDMENT ACT. CrPC AND IPC ALSO DESCRIBES VICTIM AND CONSENT RESPECTIVELY 

HOSPITAL/MEDICAL/DR SERVICES

I DO NOT UNDERSTAND WHY THE HOSPITALS DENY GIVING THE TREATMNT DOCUMENTS TO PATIENTS. RECENTLY THIS WRITER VISITED JAYPEE HOSPITAL IN SEC 128 NOIDA, UP. A PATIENT WAS ADMITTED AND TREATED FOR TWO DAY. THE HOSPITAL GAVE DISCHARGE SUMMARY BUT NOT ALL DOCUMENTS FROM ADMISSION TO DISCHARGE.
SIMILARLY WHEN WE SIGNED IN CONSENT FORM, THE COPY HAS NOT BEEN GIVEN EVEN DEMANDED. 

Art 21 personal liberty, arrest and compensation

International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Art 19 and police act 1861

30. Regulation of public assemblies and processions and licensing of the same:-

(l) The District Superintendent or Assistant District Superintendent of Police may, as

occasion required, direct the conduct of all assemblies and processions on the public roads,

or in the public streets or thoroughfares, and prescribe the routes by which, and the times at

which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of

persons to convene or collect an assembly in any such road, street or thoroughfare, or to

form a procession which would, in the judgment of the Magistrate of the district, or of the

sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly

or directing or promoting such procession shall apply for a license.

(3) On such application being made, he may issue a license, specifying the names of

the licensees and defining the conditions on which alone such assembly or such procession

is to be permitted to take place, and otherwise giving effect to this section:

Provided that no fee shall be charged on the application for, or grant of any such

license.

(4) Music in the streets:- He may also regulate the extent to which music may

be used in streets on the occasion of festivals and ceremonies.]

COMMENTS

 The police is empowered to regulate public assemblies and processions and licensing of the same.

 Violation of any of conditions of the license granted under this section will entail penalty postulated by

section 32.

[3OA. Powers with regard to assemblies and processions violating conditions of

licence:- (l) Any Magistrate or District Superintendent of Police or Assistant District

Superintendent of Police or Inspector of Police or any police-officer in charge of a station

may stop any procession which violates the conditions of a license granted under the last

foregoing section, and may order it or any assembly, which violates any such conditions, as

aforesaid, to disperse.

 (2) Any procession or assembly which neglects or refuses to obey any order given

under the last preceding sub-section, shall be deemed to be an unlawful assembly].

COMMENTS

 Violation of any of conditions of a license issued under this section entails penalty stipulated

in section 32.