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My Notes 02 Nov 2016 02-11-2016

Dear Students:

Please Follow My Notes and My Video 02 November 2016


As per the doctrine of Occupied field enshrined in art 254(1) of the constitution, if there exists a central law on a concurrent subject, than a state law can not override it.

There is an exception to it. According to art 254(2) if a state law receives presidential assent after his due consideration, than state law can prevail Inspite of the existence of a central law on the same subject matter. It was basically provided to serve the states having problems peculiar to itself. It s objective is not override a central law. Supreme court of India in Kaiser I hind Pvt. Ltd vs National textile corporation case held that president of India shall actively apply his mind in deciding the matters under Art 254(2) and is subjected to Judicial review.

Parliament of India has enacted right to fair compensation, transparency in land acquisition, rehabilitation and resettlement act 2013. NDA govt failed to get law amended in parliament. Now., it has requested the states to pass their own laws and get them assented by president of India. Tamil Nadu, Gujarat already passed the laws that are violative of land acquisition act passed by parliament.

It is criticised as  violative of constitutional spirit, undermining of parliamentary authority.


Questions about encounter

Context – 8 prisoners belonging to banned SIMI group are killed in an encounter after their break down from jail. There are serious doubts on veracity of the encounter.

Supreme court of India has laid down clear guidelines on police encounters.

Encounter of the unarmed people is essentially an act of criminality. It goes against the spirit of rule of law.


Schools out in Kashmir

Targeting the schools and depriving education to children is the deplorable way of conducting a movement. . Education is meant to be an enabler and is an essential need for future generations to cope up with growing challenges of living in a society.

Closing down schools for four months and burning them down is depriving of very essential right of children.
State also shall stop using them to house military and para military forces where they gain significance as  State institutions.All the sections of Kashmir society shall condemn this assault on future generations.



FBI on the mat

  1. Investigative agencies shall be careful and diligent in unnecessarily being involved with matters influencing elections. FBI director Mr.Comey actions in relations to Secretary of State clintons e mail probe is violative of the above principle.
  2. Investigative agencies need autonomy, officers need security of tenure to perform independently and free from politics. In USA, FBI director has 10 years of tenure and can only be removed by the congress. In India, CBI Director has just 2 years of tenure and has no legislative function. It very much undermining its function and eroding its Independence.

Why diversity needs Secularism

As per Sachar committee Muslims in India faces a double tragedy as beneficiaries of appeasement and victims of communalism. It do not reflect the ground realities they are living in.

Foundations of secularism are essential to protect diversity of nation. Vote bank politics have undermined Indian project of secularism leading to very narrow interpretation of the same.

Original constitution did not have the word secularism in preamble and it was added through 42nd Amendment act. It was not added in the constitution not because it was not important, but it was explicitly stated in various articles of the constitution and so it was felt not necessary to add in Preamble. Dr BR Ambedkar view of secularism  is  about  human  dignity,  and his  idea  of  secular  political  culture  is  to contribute  to  the  emancipation  of  human beings  from  all  kinds  of  man-made suffering  inflicted  in  the  name  of  religion.


Statements to remember  –

  1. Diversity as a political project can only be effective with secularism as a working foundational value.
  2. Poverty alleviation is the main aim of the government with out which everything else will be ineffective - Prime Minister Modi
  3. What the Government can not directly, it can not do indirectly.


Supreme Court Judgements



Manufacturing Purchasing Managers index - Indias factory output has raised consecutively for 10th month. Purchase managers index shows the demand for the manufacturing products.



India and China consulate are conducting a work shop on HiuenTsang(XuanZang) work to explain the depth of India China relationship.


Question of the day

  1. Human rights protection is very essential foundation of a democratic Government. A crime by state establishment is not an answer to tackle crime. In the light of above statement discuss steps to be taken to strengthen human rights framework in India. Add relevant judgements of Supreme court.





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