Lok Sabha passes Indian Trusts (Amendment), Bill 2015

ಜ್ಞಾನಸೆಲೆ

ಜ್ಞಾನಸೆಲೆ GK4KPSC ಸಾಮಾನ್ಯ ಜ್ಞಾನ

The Lok Sabha has passed the Indian Trusts (Amendment) Bill, 2015, which seeks to amend the Indian Trusts Act, 1882 (Principal Act). The amendment would enable the Central Governmen to remove outdated provisions occurring in section 20 of the Indian Trusts Act, 1882 which have no relevance and retain only the last item. 

Key facts about  Indian Trusts (Amendment), Bill 2015 

1. The amendment enables the Central Government to notify securities or class of securities for investment by trusts and to remove the outdated provisions occurring in section 20 of the Indian Trusts Act, 1882.
2. The Bill provides more autonomy and flexibility to the trustees so that they can take decision on investment of trust money based on their assessment of the risk return and other factors.
3. The bill seeks to do away with age old provision of  case to case approval by the Government for investment in any security.

Indian Trusts Act, 1882

1. The Principal Act ( Indian Trusts Act, 1882) regulates the functioning of private trusts and trustees.  It also outlines the manner in which surplus funds of the trust may be invested for future use of the trust
2. The Act lists seven categories of securities in which trust money can be invested.  These include some pre-Independence references such as securities issued by the United Kingdom, by municipalities of Presidency towns, Rangoon, port trust of Karachi etc.
3. In addition, the Act allows investment in any security expressly authorised by the instrument of trust or by the central government by notification, provided that consent is taken of any person who is competent to contract and entitled to receive the trust income for his life.

Right to Freedom – Article 19

JNANASELE

ಜ್ಞಾನಸೆಲೆ GK4KPSC ಸಾಮಾನ್ಯ ಜ್ಞಾನ

Article 19 enumerates certain positive rights conferred by the Constitution in order to provide the ideal of liberty promised in the Preamble. However, absolute individual rights cannot be guaranteed by any modern State. Articles 19 to 22 deal with different aspects of this basic right. Taken together, these four Articles form a charter of personal liberties, which provides the backbone of the chapter on Fundamental Rights.

“Six freedoms” under the Constitution are guaranteed to all citizens conferring upon the State power to impose, by law, reasonable restrictions in the larger interests of the community. These are :

(1) Freedom of speech and expression;

(2) Freedom to assemble peaceably and without arms;

(3) Freedom to form associations or unions;

(4) Freedom to move freely throughout the territory of India;

(5) Freedom to reside and settle in any part of the territory of India; and

(6) Freedom to practise any profession, or to carry on any occupation, trade or business.

It is impossible to exaggerate the importance of these freedoms in any democratic society. Indeed, the very test of a democratic society is the extent to which these freedoms are enjoyed by the citizens in general. These freedoms, as a whole, constitute the liberty of the individual. And liberty is one of the most essential ingredients of human happiness and progress. The most important among the inalienable rights of man, according to the Declaration of American Independence, are “life, liberty and the pursuit of happiness”. The Preamble of almost every Constitution declares the same in one form or the other as its objectives. The Preamble of the Constitution of the United States, for instance, declares that one of its objectives is “to secure the blessings of liberty to ourselves and to our posterity”. The Preamble of the Indian Constitution, too, proclaims that one of its objectives is to secure Liberty—“Liberty of thought, expression, belief, faith and worship.”

Division of Indian Constitution

JNANASELE

 ಜ್ಞಾನಸೆಲೆ GK4KPSC ಸಾಮಾನ್ಯ ಜ್ಞಾನ

Part I

Comprises Articles 1- 4 and deals with the territory of India, admission or establishment of new States, formation of new States and alteration of areas, boundaries or names of existing States.

Part II

Comprising Articles 5-11 deals with citizenship at the commencement of the Constitution, ‘rights of citizenship of certain persons who migrated to India from Pakistan’, rights of citizenship of certain migrants to Pakistan, rights of citizenship of persons of Indian origin residing outside India, persons voluntarily acquiring citizenship of a foreign state, continuance of rights of citizenship and the right of Parliament to regulate the rights of citizenship by law.

Part III

Covers Articles 12-35 and deals with the Fundamental Rights of Indian citizens. Articles 14-18 deal with the right to equality. Article 19 deals with six freedoms of Indian citizens namely, (a) freedom of speech and expression; (b) freedom of assembly; (c) freedom of association; (d) freedom of movement throughout the territory of India; (e) freedom of residence and settlement in any part of India; and (f) freedom of occupation. Articles 20-22 spell out protection to all persons in respect of conviction, prosecution and rights available to them in this regard. Articles 23-24 deal with the right against exploitation and prohibit traffic in human beings, forced labour, employment of children below 14 years in factories, mines and other hazardous jobs. Articles 25-28 deal with the right to religion. Articles 29-30 deal with cultural and educational rights and afford protection to the interests of minorities. Article 31 dealing with the right to property was deleted by the Forty-fourth Amendment. Articles 32-35 provide the right to constitutional remedies to citizens.

Part IV

Covering Articles 36-51 deals with the Directive Principles of State Policy which aim at establishing social and economic democracy in the country.

Part IV-A contains only Article 51 A, which was added by the Forty-second Amendment in 1976. It outlines the duties of the citizens of India.

Part V

Covers Articles 52-151 and deals with the government at the Union level, Articles 52-73 deal with the President and the Vice-President of India. Articles 74- 75 deal with the Council of Ministers and the Prime Minister of India. Article 76 relates to the Attorney General of India. Article 77 stipulates that all executive orders of the Government of India shall be taken in the name of the President. Article 78 specifies the duties of the Indian Prime Minister with respect to the furnishing of information to President etc. Articles 79-106 relate to the Indian Parliament and deal with the organisation of the Lok Sabha and the Rajya Sabha; the delimitation of territorial constituencies; qualification for membership of Parliament; power of the President to summon, prorogue and address either House of Parliament; disqualification of members; powers, privileges and immunities of Parliament and its members, salaries and allowances of members and so on. Articles 107-122 deal with the legislative procedure in Parliament. Article 123 deals with the legislative powers of the President. Articles 124-147 deal with the Union judiciary. Articles 148-151 deal with the Comptroller and Auditor General of India.

Part VI

Covering Articles 152-237 deals with the government at the state level. Article 152 exempts Jammu & Kashmir from the category of ordinary States. Articles 153-162 deal with the State Governor. Articles 163-164 deal with the Chief Minister and his council of ministers. Article 165 deals with the Advocate General for the State. Article 166 relates to the conduct of business of the government of a State. Article 167 relates to the duties of Chief Minister with respect to furnishing of information to the Governor. Articles 168-195 deal with the organisation of state legislatures and so on. Articles 196-212 deal with the legislative procedure in the States. Article 213 deals with the legislative powers of the Governor. Articles 214-232 deal with the organisation and powers of High Courts in the States. Article 233-237 deal with the subordinate courts.

Part VII

Comprising Article 238, which dealt with States in Part B of the First Schedule was repealed in 1956 by the Seventh Amendment.

Part VIII

Covering Articles 239-241 deals with Union Territories. Articles 239- 241 contain provisions regarding the administration of Union Territories. Article 342 relating to Coorg was repealed by the Seventh Amendment in 1956.

Part IX

Relating to territories in Part D of the First Schedule and other territories was repealed in 1956. A new Part IX was added to the Constitution by the Seventy-third Amendment Act of 1992. It comprises 16 Articles and a new Schedule- ‘Schedule Eleven’. These articles provide for the constitution, composition, election, duration, powers and responsibilities and power to levy taxes and duties by the Panchayati Raj institutions in the rural areas. Schedule Eleven contains 29 subjects on which the Panchayats have administrative control.

A new part IX-

A to the Constitution was added by the Seventy-fourth Amendment Act, 1992. It consists of 18 Articles and a new Schedule – ‘Schedule Twelve’. These articles provide for the constitution, composition, election, and duration of municipalities, and powers and responsibilities of municipalities in respect of preparation of plans for economic development, levy tax and other duties. Schedule Twelve contains 18 subjects on which the municipalities exercise administrative control.

Part X

Deals with the scheduled and tribal areas, and contains Articles 244 and 244A.

Part XI

Deals with relations between the Union and the States. Articles 245- 255 deal with their legislative relations. Articles 256-263 deal with their administrative relations.

Part XII

deals with finance, property, contracts and suits (264-267). Articles 268- 300 A deal with the distribution of revenue between the Union and States, appointment of Finance Commission, miscellaneous financial provisions, borrowing by Government of India and States property, contracts, etc. rights, liabilities, and obligation suits.

Part XIII

Covering Articles 301-307 relates to trade, commerce and intercourse within the territory of India.

Part XIV

Relates to services under the Union and States and contains Articles 308 to 314. Articles 315-323 relate to the Union Public Service Commission and Public Service Commissions in states.

Part XIV- A inserted by the 42nd Amendment in 1976 contains only Articles 323A and 323B which deal with administrative tribunals which may be set up by the Parliament to hear disputes and complaints regarding Union, State or local government employees as well as for other matters.

Part XV

Deals with elections. Article 324 relates to the Election Commission. Articles 325-329 refer to other matters relating to elections.

Part XVI

Covers Articles 330-342 and concerns special provision relating to certain classes such as reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Assemblies; representation of Anglo- Indian community in Lok Sabha and Legislative Assemblies; claims of Scheduled Castes and Scheduled Tribes to services and posts; special provision regarding educational grants; appointment of commission to investigate conditions of Backward Classes, etc.

Part XVII

Covering Articles 343-351 relates to Official Language.

Part XVIII

Deals with Emergency provisions. Article 352 contains provisions regarding emergency due to external deals with the effects of the above proclamation of emergency. Article 354 relates to changes that can be effected in the distribution of revenues between the central and state governments. Article 355 asserts the duty of Union to protect states against external aggression and internal disturbances and ensure that government is carried on in accordance with the provisions of the Constitution. Article 356 deals with President’s rule in the state. Article 357 authorises Parliament to confer on the President the power to make laws on state subjects and authorises the President to permit expenditure from the Consolidated Fund of the State. Article 358 provides for automatic suspension of Article 19 (regarding right to freedom) when Emergency under Article 352 is in operation. Article 359 authorises the President to suspend the right to constitutional remedies. Article 360 relates to financial emergency.

Part XIX

Contains miscellaneous provisions, regarding exemption of the President and Governors from criminal proceedings for their official acts; immunity from court proceedings for publication of the report of proceedings of the Parliament and state legislatures and so on. This part contains Article 361- 367.

Part XX

Deals with the Amendment of the Constitution. Article 368 deals with the powers of the Parliament to amend the Constitution.

Part XXI

Contains temporary, transitional and special provisions. Article 369 accords temporary powers to the Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. Article 370 contains temporary provisions relating to Jammu & Kashmir. It restricts the power of Parliament to make laws for the State only with regard to matters listed in the Instrument of Accession and such other matters in the Union List and the Concurrent List which the President may specify with the concurrence of the government of that State.

Articles 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H and 3711 relate to special provisions for Maharashtra, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. Article 372 deals with the continuance in force of the existing laws and their adaptation. Articles 372- 392 deal with several other miscellaneous matters. A number of these articles have since been repealed.

Part XXII

Concerns the short tide, commencement and repeal of the Constitution. It contains Articles 393- 395

Article 370: Ten Facts

The "1974 Indira-Sheikh" accord between Sheikh Abdullah Kashmiri politician and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India".

10 Points of Article 370

1. According to the Constitution of India, Article 370 provides temporary provisions to the state of Jammu and Kashmir, granting it a special autonomy.

2. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir.

3. Dr BR Ambedkar, the principal drafter of the Indian Constitution, had refused to draft Article 370.

4. In 1949, the then Prime Minister Jawaharlal Nehru had directed Kashmiri leader Sheikh Abdullah to consult Ambedkar (then law minister) to prepare the draft of a suitable article to be included in the Constitution.

5. Article 370 was eventually drafted by Gopalaswami Ayyangar

6. Ayyangar was a minister without portfolio in the first Union Cabinet of India. He was also a former Diwan to Maharajah Hari Singh of Jammu and Kashmir

7. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.

8. The original draft explained "the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948."

9. On November 15, 1952, it was changed to "the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office."

10. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.

Courtsey:   "India Today" 

Constitution of India

                       Constitution of India and borrowings

The present constitution of India was framed by the Constitution Assembly of India setup under Cabinet Mission Plan of May 16, 1946.

Composition of Constituent Assembly:-

• The Constituent Assembly consisted of 385 members, of which 292 were elected by he elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.
• Each Province and each Indian State or group of States were allotted the total number of seas proportional to their respective population roughly in the ration of one to a million.
• B N Rao was appointed the Constitutional Advisor of the Assembly.
• The first meeting of the Constituent Assembly took place of Dec 9, 1946 with Dr. Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its President n Dec 11, 1947.
• The Assembly framing the Constitution.had 13 Committees.
• The all-important Drafting Committee, which bore the responsibility of drafting the Constitutional document during the recess of the Constitutent Assembly, from July 1947 to September 1948, was formed on August 29, 1947. Its members were:

1.    Dr. B.R. Ambedkar

2.    N. Gopalaswami Ayyar

3.    K.M. Munshi

4.    Syyed Mohd. Saadulla

5.    N.Madhav Rao

6.    D.P.Khaitan (T Krishnamachari, after Kahitan’s Death in 1948)

• It was finally passed and accepted on Nov 26, 1949. The session of the Assembly was held on Jan 24, 1950, which unanimously elected Dr, Rajendra Prasad as the President of India. In all the 284 members of the Assembly signed the official copies of the Indian Constitution which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India.

Following are the borrowed features of constitution from different countries

From U.K.

• Nominal Head – President (like Queen)
• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lowe House
• Speaker in Lok Sabha

From U.S.

• Written Constitution
• Executive head of state known as President and his being the Supreme Commander of the Armed Forces
• Vice- President as the ex-officio Chairman of Rajya Sabha
• Fundamental Rights
• Supreme Court
• Provision of States
• Independence of Judiciary and judicial review
• Preamble
• Removal of Supreme court and High court Judges

From USSR

• Fundamental Duties
• Five year Plan

From AUSTRALIA

• Concurrent list
• Language of the preamble
• Provision regarding trade, commerce and intercourse

From JAPAN

• Law on which the Supreme Court function

From WEIMAR CONSTITUION OF GERMANY

• Suspension of Fundamental Rights during the emergency

From CANADA

• Scheme of federation with a strong centre
• Distribution of powers between centre and the states and placing. Residuary Powers with the centre

From IRELAND

• Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President