AECC 2 - IV SEM BBA COI - UNIT 3 - FEB 2024.pptx
- 1. From the desk of Prof A.Seshachalam IFIM COLLEGE (AUT0NOMOUS), BENGALURU : 560 100
- 2. AECC2 - Constitution of India
- 4. Module No: 3 Legislature and Judiciary
- 6. COMPOSITION OF RAJYA SABHA ? The maximum strength of the Sabha is 250 members. ? Out of these 230 members represent the States & Union Territories of the country. ? The president nominates a total of 12 candidates. ? The current strength ( 2020 ) is 245 out of which 229 members are state representatives. ? Total 4 members of the assembly represent the union territories ? The representation in the Sabha is unequal and depends on o the population. ? Higher the state population, the higher the number of seats.
- 7. REPRESENTATION OF STATES IN RAJYA SABHA ? The state legislative assemblies elect the members for the Sabha under this representation. ? The election principle that they follow is Proportional Representation. ? This means that they use the Single Transferable Vote. ? The population is the factor in deciding the number of seats a state would get in Sabha. ? Uttar Pradesh has the maximum number of seats with 31 representatives in the Sabha.
- 8. REPRESENTATION OF NOMINATED MEMBERS IN RAJYA SABHA The president nominates 12 candidates for Rajya Sabha as they are experts in the fields of : ¨C ? Art ? Literature ? Science ? Social Service
- 9. ISSUES RELATED TO RAJYA SABHA ? The unequal representation of states. This is the reason why countries like the US, Australia are more successful as they provide equal representation to all states in the upper houses. ? There are times when Lok Sabha passes bills in the name of Money bill raising the question of efficacy. ? Rajya Sabha can only recommend and not amend. If they don¡¯t send in their suggestions in 14 days, the bill gets approved. The Aadhaar Act of 2019 is an example of this. ? An individual who doesn¡¯t belong to any state cannot be a part of this Sabha. ? The member of the Sabha has been showing low sincerity towards the decision- making process. ? The government often takes up a famous personality on board who doesn¡¯t even take this process very seriously.
- 10. SUGGESTIONS FOR BETTER RAJYA SABHA FUNCTIONING ? The citizens of the country should elect the members of the Sabha. ? Reduction in cronyism and patronage appointments. ? Allow equal representation of the states. ? Better nomination procedure for quality discussion. ? More representation of vulnerable sections. What is the difference between nepotism and cronyism? Nepotism means favoring only relatives in all positions, Cronyism is favoring only companions and friends in every position, and Patronage means that governing political party appoints their friends and relatives to only high positions not lower positions.
- 19. 1773 ¨C 1947 ¨C British Ruled India for around 174 Years
- 32. POINTS TO BE FOLLOWED WHEN FILING PIL: 1. Discuss the legal issue with the affected people thoroughly. 2. Find out whether the matter infringes on the fundamental rights of the people or not. It is also important to specify which fundamental rights have been violated. 3. Help the people to decide whether legal action must be taken in the court to enforce their rights or to prevent the violation of their rights. 4. Write out a petition with all the facts and details, dates, etc, 5. Specify in the petition the type of relief wanted by the people. 6. Get the signatures of all the affected people, if possible. 7. Collect all the available documents, paper clippings, photographs, investigation reports, certificates and affidavits related to the issue and attach them to the main petition as annexure. 8. If possible, consult a socially conscious lawyer or the members of the local legal aid society before sending the petition. 9. Send the registered petition to the Chairman of the High Court Legal Services 10.Committee of the respective High Court or to the Chairman of the Supreme Court Legal Services Committee, New Delhi-110 001.
- 33. EXAMPLE ISSUES RELATED TO PIL ? Maintenance of Law and Order, ? Dowry Deaths. ? Reform of illegal social customs such as Sati, Child Marriage, Devdasi System, etc. ? Basic amenities such as roads, water, medicines, electricity, primary school, primary health center, bus service, Railways etc, ? Identification and rehabilitation of displaced persons, bonded and child labourers. ? Illegal detention of arrested persons. ? Atrocities by police, Torture of persons in police custody, Custodial deaths. ? Protection of Prisoner¡¯s Rights, Jail Reforms. ? Speedy trials of under trials. ? Atrocities / Violation of fundamental rights against SCs/STs or the weaker sections. ? Neglect of inmates of government welfare homes.
- 34. EXAMPLE ISSUES RELATED TO PIL ¡. Cont¡¯d¡. ? Children in custody, Adoption of children. ? Corruption charges against Public Servants. ? Payment of Minimum Wages. ? Legal aid to the Poor. ? Starvation Deaths. ? Indecent Television Programmes. ? Prohibition. ? Environmental Pollution. ? Unauthorized Eviction, ? Protection of Pavement and Slum Dwellers. ? Implementation of Welfare Laws. ? Ragging in Colleges.