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My Notes 26-Feb-2017 26-02-2017

Dear Students:

Please Follow My Notes and My Video 26-Feb-2017


Money bill

Art 110 of the constitution defines Money bill and decision of the speaker is final in certifying a draft law as a money bill. Aadhar act was passed by the parliament as a money bill. It mean that role of Rajya Sabha in voting against and suggesting amendments is nullified.

Supreme court of India Mohd. Speed Siddiqui vs state of UP has clarified that speakers decision to clarify a draft statute as a money bill was not judicially reviewable even if the classification is incorrect. In 2007 Judgement in Raja ram pal vs speaker of LS, court held that speaker power to certify a bill as a money bill Come sunder Judicial review, if it is grossly illegal, disregards basic constitutional mandates or speakers decisions are made with dishonest intentions.

So, Aadhar act has serious issues related to data security and rights of citizens. So, definition  of Money Bill need to be verified by SC.


Hate Hubbles over

America is a melting pot for immigrants of different cultures. It is a reason for its wealth and supremacy. But, growing racist Xenophobia makes USA a far more dangerous destination for Immigrants.



India has opened border roads in Mizoram and Tripura for Bangladeshi forces for building their outposts along Chittagong tract. It is an example for growing trust between countries. Prime Minister sheikh Hasina’s visit to India can consolidate other agreements like defence partnership agreement, Teesta water sharing agreement, Ganga water barrage project, Farakka barrage agreement.  But major constraints are

  1. Apprehensions of Indian states
  2. Border firing has not ceased between the forces
  3. Increasing Chinese investments in Bangladesh.




Countries make Bilateral investment treaties to protect private  investments flowing from one country to another. If any party fails to oblige to agreed conditions, that party can be pulled for international arbitration. Agitation among tribal people has made many state Governments to move away from MOUs they have signed and it pulled them to international arbitration.

So, to avoid these situations in future following steps shall be taken

  1. the government’sapproachshouldbeto includeprovisionsrelatingtothe protectionofindigenouspeopleinBITs.Therearemanyexamplesfromaroundtheworld which,hasseveralexceptions to protect the rights of indigenous people.

Ex – New Zealand has provisions to protect the rights of Maoris Tribes.

  1. Strengthening of BITs shall go hand in hand in strengthening of domestic legislation.
  2. As far as possible Tribals shall be given representation in investment policy making.




Remember these

  1. UN declaration on the Rights of Indigenous people  - UN DRIP – 2007 recognises the indigenous people right to self determination, autonomy or self governance and their right against forcible displacement and relocation from their lands and territories with out free, prior and informed consent.
  2. Samata Judgement : SC held that transfer of tribal land to private parties for mining as null and void under the fifth schedule.



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