HYDRO-POLITICS

1. India has Indus water treaty agreement with Pakistan .Under this legal framework Pakistan has exclusive rights over three rivers-Jhelum,Chenab and Indus - that flow westward.
2. China has dispute with India on BramhaPutra river( known as Tsangpo in china) .China is building dam on its upper reaches.
3. China has dispute on two more river with its riparian states. Rivers are Salween(Involving Myanmar & Thailand) & Mekong (Combodia & Vietnam).China believes and implements a policy that calls for exclusive use of all resources that originate on its soils..
4. India has plans for 25 hydropower projets in Arunachal Pradesh , one part of thinking behind these projects is to implement them before China complete its dam projects. If that happens then India can press its usage rights by what is called the doctrine of prior- appropriation.  Under this legal concept the first country to use these resources has a claim over them before any other country. However of 25 projects , not a single one is completed & China takes 3 years to complete dam where India takes minimum 10 years to complete.

 

Election Commission

Subordinate Courts

HIgh Court

HIghCourt:

1.    The constitution does not specify the strength of High Court and leaves it to the discretion of president.

2.    Procedure for impeachment of high courts judges are same as for judges of Supreme Court( Please refer to supreme court article for this)

3.    Death sentence awarded by a sessions court should be confirmed by the high court or an additional session court should be confirmed by the high court before it can be executed whether there is an appeal by the convicted persons or not.

4.    Retirement age for high court judges is 62 years & for supreme court judges is 65 years

5.    The writ jurisdiction of the high court (Under article 226) is not exclusive but concurrent with writ jurisdiction of the supreme court (Under article 32)

State Legislature

Points to Remember:

1.    The parliament can abolish legislative council or create it, if the legislative assembly of that state passes a resolution to that effect.

2.    The size of legislative council depends upon the size of assembly of that state & it can’t be more than one third of total strength of legislative assembly & minimum it should be 40.

3.    1/6 members of total members of legislative council are nominated by the governor.

4.    The term of legislative assembly of j&k is six years under  its own state constitution

5.    Resolution to remove Speaker of assembly can be moved only after giving 14 days advance notice.

6.    Speaker decides whether bill is money bill or not and his decision on this question is final.

7.    Salaries of speaker & chairman are charged on the consolidated fund of the state.

8.    On the dissolution of assembly :-

a.    A bill pending in the assembly lapses.

b.    A bill passed by assembly but pending in the council lapses

c.    A bill pending in the council but not passed by assembly does not lapse

d.    A bill passed by the assembly or passed by both the houses but pending assent of governor or the president doesn’t not lapse.

e.    A bill passed by both the house & returned by the president for reconsideration of House does not lapse.

9.    If the assembly rejects the amendment suggested by the council or council rejects the bill altogether or the council does not take any action for three months, then the assembly may pass the bill again and transmit the same to council, If the council rejects the bill again or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month, then the bill is deemed to have been passed by both the houses in the form it was passed by the assembly for the second time.

10.  Ultimate power regarding the bill is vested in assembly , at most council can delay the bill for the period of 4 month(3 month first time & one month second time)

11.  When a bill which has originated in the council and was sent to assembly, is rejected by the assembly , the bill ends & becomes dead.

12.  A money bill cant be introduced in the legislative council, it can be introduced in the legislative assembly only.

13.  When a bill is returned by the president for reconsideration of the house , houses have to reconsider it within a period of six months.

14.  Legislative council has restriction on money bill passed by legislative assembly, council cant reject or cant amend the money bill, it can only make recommendation & must return the bill to the legislative assembly within 14 days.

15.  President cant return the money bill if it is reserved for president’s assent, he can assent or withhold the bill.

16.  The constitution does not provide for the mechanism of joint sitting of two houses of state legislature to resolve a deadlock between them over passage of a bill, but the constitution provides for the mechanism of joint sitting of two houses of the parliament to resolve a deadlock between them over passage of a bill.

17.  Money bill can be introduced only by a minister not by a private member.

18.  The council can only discuss the budgets but can’t vote on demands for grants.

19.  The council can not remove the council of ministers by passing a no-confidence motion. This is because the council of ministers is collectively responsible only to the assembly.

20.  Members of Each  house of the state legislatures cannot be arrested during the session of the state legislature and 40 days before the beginning & 40 days after the end of such session .This privilege is available only in civil cases.

21.  Members of Each  house of the state legislatures are exempted from jury service, they can refuse to give evidence and appear as a witness in a case pending in a court when state legislature is in session

State Council Of Ministers

Points to Remember:

1.       Article 163- Council of Minister to aid and advise governor.

2.       The total number of council ministers including chief minister should not exceed the 15 % of total strength of the legislative assembly of the state.

3.       Number of ministers, including CM in a state shall not be less than 12.

4.       The ministers shall hold office during the pleasure of governor.

5.       A minister who is not member of state legislature for any period of six consecutive months shall cease to be a minister.

6.       A minister who is member of one house of the state legislature has the right to speak and to take part in the proceedings of the other house, but he can vote only in the house of which he is a member.

7.       Article 164 – The council of minister is collective responsible to the legislative assembly.

8.       The council of ministers can advice the governor to dissolve the legislative assembly on the ground that House does not represent the views of the electorate faithfully and call for fresh elections.