United Nation: Overview

United Nation is a global intergovernmental organization, it came into existence with objectives to maintain international peace and security, to harmonize the actions of nations among themselves, to achieve international cooperation, and to develop friendly relations. It is the world's largest and the most accustomed international organization. The United Nation has 193 countries as the member and its headquarter Situated in the New York, USA.

It is important to know about the United nation organization because this is not mere an organization but also a global platform where member countries join table and discuss about the global issues, and to formulate, implement policies and treaties. Treaties that consented for global peace, environment/climate change, poverty security and international trade etc.

The idea of United Nation like global and intergovernmental organization can be traced from the First world war. When the First world war occurred during the period of 1914 to 1918, and ended with the 1919 treaty of Versailles, it had been observed that all the involved nations suffered tremendous loss of economics and trade and the human lives.

To avoid such losses in future and no second world could ignite and to promote global trade, peace and security the leading nations realized a grave need of an international organization. And with this objective the League of nation was constituted in January 10, 1920 suggested by Woodrow Wilson the 28^th President of United States. Apart from the main objective to avoid another world war, to ensure peace and to promote trade the league of Nation came into existence with more objectives such as; promoting health, labor protection, and Food and Agriculture sector. The league of Nation was Operating from the headquarter Geneva, Switzerland.   

However, this concept of League of Nation couldn’t survive for long, there were many drawbacks with this arrangement, some of them were as; every Nation who wanted to be part of League of nation they had to pass a resolution from their respective country’s Parliament or legislative assembly. Also, when Germany first attacked to Poland the league of Nation was fumbling, later when it captured France and balltic nation’s area again the League was in inaction and no response initiated by the League of Nation. Hence, this concept lost the trust from its members and it failed to retain its status.

Thus, second world war ignited in 1939 and ended 1945. Franklin Roosevelt 32^nd President of USA had put the idea and emphasis the concept of United Nation Organization with improved efficiency, unlike the League of Nation to prevent any 3^rd world war in future.

United Nation Organization constituted in 1945, operating from the headquartered in the New York, USA. United Nation Organization has six main organs which help them to operate effectively which are General assembly, Security Council, Trusteeship council, International Court of Justice, Secretariat and Social and Economic Council.

General assembly: it is the principal policy making body, it elect president for 1 year and all 193 member country’s representative complete the assembly, each member count one vote.

Security Council: this is the organ that work on policing the world and ensures peace, this council has 15 members 5 permanent members (USA, Russia, UK, China, France) enjoying Veto right and 10 non- permanent members elected for 2years.

Trusteeship council: this organ of UNO account for all the Income and Expenditure of the Organization.

International Court of Justice: International court situated in Heuge, Switzerland, consist of 15 judges having tenure of 9 years. International disputes are resolved by the International Court of Justice.

Secretariat: this is another important organ which handles all secretariat works and Carries out day to day works for the UNO, the secretary hold for the tenure of 5 years.

Socio economic council: this organ has objective to deal with social and economic issues in the world, and in order to accomplish the goal this council has several sub organization or agency to execute it some example of agency work under Socio economic council are; UNESCO, ILO, FAO, WHO and UNICEF etc. and they are running bundles of program and projects in several countries worldwide.

Below graph will depicts and assert true picture of United Nation organs.

 

          

Indian Legislative

 

Indian Legislative

India is a sovereign socialist secular democratic republic. Its constitution has established a democratic form of government in the country. The Constitution of India can also be considered as the Grundnorm [1] as it is the inspiration for all other laws of the country and governs the country, proper distribution of power and duties of several officials, the three main pillars of Indian democracy, which helps it to function efficiently i.e. Parliament, Executive, and Judiciary, a democratic form of government is run by representatives elected by the people. General elections are held every five years, and the people choose their government. General elections are conducted by an independent election commission. The entire country is divided into constituencies, each constituency electing a representative. Each state sends a certain number of members of parliament.

Determination of representatives on the basis of population. India is a union of states. The constitution provides for both the central government and the state government. The powers of the Central Government and the State Governments are clearly defined by the Constitution.

India has legislatures at both the national level, as well as at the state level. The constitution has given three different lists of subjects. Only the Parliament can pass laws on the subjects given in the Union List. Laws relating to the defense of the country, railways, shipping, currency, post and telegraph, foreign affairs, etc.

Whereas, the state government can make laws on the subjects given in the state list. Among them agriculture, health, forest, irrigation, electricity, law, and order are important.

State, Police, Entertainment, etc. Both the Parliament and the State Legislatures have the power to make laws on the subjects given in the Concurrent List. The important topics under this list are civil and criminal procedure, labor welfare, factories, newspapers, education, books, etc. The central government consists of three organs, namely the executive, the legislature, and the judiciary. India Follow the parliamentary form of government in which the parliament is the supreme law-making body and the real executive powers are vested in the prime minister. The Prime Minister is the leader of the party in the majority in the popularly elected Lok Sabha. He chooses his ministers and all of them collectively and is personally responsible to the Lok Sabha.

In Delhi, there is a huge parliament building known as Sansad Bhawan in which the representatives elected by the people gather and make laws for the whole country. Every proposed law when introduced in the Parliament is called a Bill. Such a law is first introduced in the form of a bill in either house of the Parliament. After discussion and passing by one house, it is sent for the concurrence of the other house. After being passed by both the houses of the parliament, the bill is sent to the other house for concurrence. After being passed by both the houses of the Parliament, the bill is sent to the President for his approval and signature. The bill becomes law after the President's signature. Thus, the President, Lok Sabha, and Rajya Sabha form the Parliament.

Lok Sabha is the house of the people as its members are directly elected by the people. The members are elected for five years. Every member has to take an oath of faith and allegiance to the Constitution. Lok Sabha elections are contested by political parties and hence barring a few independent members, most of the members are elected on party tickets. The political party which has a majority in the Lok Sabha elects its leader who is appointed by the President as the Prime Minister of India. The President appoints other ministers on the advice of the Prime Minister.

The members of the Lok Sabha elect one person from amongst themselves to preside over their meetings. This person is called the speaker. Speaker conducts the proceedings of Lok Sabha impartially.

Rajya Sabha is the second house of the Parliament. It is called the Council of States because it consists of the representatives of the states. Apart from the twelve members nominated by the President on the basis of their contribution in the field of literature, science, art, and social service, the rest are elected by the members of the state legislatures. Rajya sabha never dissolve, however, One-third of its members retire at the end of every second year. The Vice President of India presides over the meetings of the Rajya Sabha, hence he is also known as the Chairman of the Rajya Sabha. The functions of the Parliament make laws for the whole country. It is the highest law-making body in the country.

The central government receives money through various taxes. This money is spent on the welfare of the people. Income and expenditure are shown in the budget prepared and presented by the government to the Parliament every year. the budget is approved by the parliament.

The government can neither impose any tax nor spend any amount without the approval of the Parliament. Thus, the Parliament exercises control over the income and expenditure of the government. The most important function of the Parliament is to exercise control over the ministers and their functions. A member of parliament can ask any minister a question about his department. Through these questions, the members keep an eye on the functioning of various departments. The Prime Minister and his ministers are responsible for their work to the Parliament. furthermore, bypassing a no-confidence motion in Lok Sabha against them they can be removed. A proposed law is first introduced in the parliament as a bill. Bills are of two types- Money Bills and Bills other than Money Bills, any bill relating to income and expenditure is called a money bill, and the Money Bill cannot be introduced in Rajya Sabha. It should be introduced in the Lok Sabha first. After it is passed in the Lok Sabha, the money bill is sent to the Rajya Sabha for return. Any Bills other than Money Bills can be introduced in either House of the Parliament. Every Bill introduced in the Parliament has to be read thrice in each House. Copies of the Bill are given to the members in advance so that they can study and raise objections, if any, at the preamble stage. The Minister or any other member introduces the Bill. In the second reading, there is a general clause-by-clause discussion on the Bill. The members supporting the Bill argue why the Bill is important and necessary. Opposing members criticize it and suggest reforms in the bill. If desired, it can be referred to a Select Committee made up of members of the House or a Joint Committee of both the Houses of Parliament which examines the Bill in detail. The committee reports back with or without proposals for amendments. In the third reading, the bill as a whole is finally discussed and put to vote. If the majority of the members are in favor of it, the bill is passed. This procedure is followed in both houses. When both Lok Sabha and Rajya Sabha have passed the bill, it is sent to the President for his signature. After the President has given his assent to it by signing it, the bill is called an Act and has the force of law.

Generally, bills are passed by a simple majority in the Parliament. This means that if 100 members are present in the house and 51 members are in favor and 49 are against, then the bill is said to have been passed by a simple majority. The constitution can be changed or amended but cannot change its basic structure (Keshavananda Bharti V/s State of Kerala (AIR 1973 SC 1461). The special majority is required to amend certain parts of the Indian Constitution. Amendments to certain articles of the Constitution require a two-thirds majority of the members present and voting in the Parliament.

If a member misbehaves in Parliament, he can be reprimanded by the Speaker of the House. Sometimes the members are expelled from the house with disorderly behavior. Thus, the Parliament performs a very important function. These can be divided into five main functions.

i) it exercises control over the government and its income and expenditure.

ii) it makes laws on various subjects.

iii) the members of parliament express their views on various public issues. In this way, they bring many grievances of the people to the notice of the government.

iv) as we have seen, members ask questions to get information.

the Parliament elects the Vice President and participates in the Presidential election. It can also impeach the President of India and the Vice President of India and remove the judges of the Supreme Court and High Courts.

 

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[1] Brian H Bix and Brian H., ‘Kelsen, Hart, and Legal Normativity’ [2018] http://journals.openedition.org/revus <http://journals.openedition.org/revus/3984> accessed 16 August 2021.

Indian Judiciary System

 

Indian Judiciary System

Indian Judiciary system one of the three pillars (Legislative, Executives and Judiciary) of Indian democracy  ensures the rule of law, interpret, administer justice, and make checks and balances of executives and parliament activities, though parliament is the supreme law-making body and can amend the constitution, however, it cannot amend constitution

’s basic structure as it was decided in the case of Keshavananda Bharti V/s State of Kerala (AIR 1973 SC 1461)

Courts are the institutions where disputes are adjudicated, and justice is administered. The Indian judiciary consists of the Supreme Court, High Courts, and subordinate courts that resolve disputes between union and state, state and state, state and citizen, and in limited cases according to their jurisdiction in appeals arising out of private disputes. Contains substantial questions of law.

The Supreme court is India’s highest court. It is placed at the apex of the judicial structure under Article 124 (1) of the constitution of India and article 141 empower the supreme court that the law declared by the Supreme court shall be binding on all Courts in India and article 32 empower to issue the writ to any person or authority. Thus, its appellate powers are much wider as compared to any other federal system of the world.

High Court the State judiciary consists of a High Court and a system of subordinate courts. The High Courts are the highest courts of law in the respective state or Union territory in which they are situated or have jurisdiction. High Court can issue the writ to the person or authority having its location or residence within the territorial jurisdiction of the high court article 226 of the constitution.

Below the High Courts the judiciary system has Subordinate courts. These courts come in close contact with the people and follow the law of the concerned state. High Court of the respective state have the administrative control over subordinate courts.

 

Executives:

Executives:

The Union Executive of India, as in the parliamentary type of government, consists of the President and the council of ministers. The executives branch of the Union Government is headed by the president, in whom the constitution vests a formidable array of powers. The president serves as the head of state and the supreme commander of the armed forces. Article 55 states there shall be a President of India, and that the executive power of the Union will be vested in him, exercised by him, directly or through officials subordinate to him, in accordance with the constitution of India. However, though he is the constitutional head of the parliamentary system of government and represents the nation, he does not rule it. Power that the president has as- Executive power Article 53: All executives functions of the Union government are carried on in the name of the President. It is he who appoints the Prime Minister. According to the Constitution he can appoint only such person to the post about whom he feels that he would be able to command the confidence of the majority of the members of lok sabha. He also appoints and allocate minister portfolio on the advice of Prime Minister, and appoint Attorney General, Comptroller and auditor general, Chairman and members of UPSC, Chief Justice and other judges of Supreme court and High Court, Governors of states and Chief commissioners of Union territories, members of Finance Commission languages, election commission, ambassadors or diplomatic agent of India to other countries.

The real power vests with the council of Ministers headed by the Prime Minister of India Article 75 provides that the Prime Minister and other ministers shall be appointed by the president on the advise of prime minister. The prime minister selects the council of ministers from other members of parliament. Council of ministers headed by the Prime minister to aid and advise the president in the exercise of his functions. It is the policy making body of the country and the government in the real sense. It is composed of all the union ministers, Cabinet minis, Ministers of Sate and Deputy ministers.  

Indian Constitution: History and sources

 

Indian Constitution: History and sources:

The constitution of a country sets the basic structure of the political system under which its people are to be governed. Precisely discussing India, the ancient, rich cultured and the nation symbolized for love, peace, and compassion and in the eventful history of this country, the two-century-old British rule of India ended on 15th of August 1947, and political authority was transferred to the people of India.

The Indian Constitution is the longest handwritten constitution in the world and originally had 22-parts, 8 schedules, and 395 Articles, and took 2 years 11 months, and 18 days to complete, It was adopted on 26 November 1949, although it was completely adopted and, came into force from 26 January 1950, one of the reasons for this was the declaration of Purna Swaraj on 26 January 1930.

Although the concept of democracy, representative institutions, and rule of law, etc. was not alien to India as the Rigveda and Atharvaveda mention Sabha (Mahasabha) and committee house of elders. However, it can be traced the history of the development of the contemporary Indian Constitution from 1601, when the East Indian Company, which came to India as merchants, received its first charter of 1601 by the Queen of England. As per Charter 1601, the Company was given the power to make, organize and make such and so many appropriate laws, constitutions, orders, and ordinances for the good governance of the Company. The legislative powers of the Company were very limited in their scope and character. Later, similar legislative powers were designed and ratified by the Charters of 1609, 1661, and later by Charter 1693, which enabled the company to regulate its business and maintain discipline among its employees. The Charter of 1726 was of great importance as the courts of mayors were established for the first time in India in three presidencies – Bombay Madras and Calcutta to introduce English laws in India. But even then, the British were not the ruling power in India, and it was only in the late 17th century, when the Company was awarded the Diwani of Bengal, Bihar, and Orissa and the British administration of civil justice developed. This led to the mis-administration of Indian affairs by the Company's officials, who amassed huge wealth and fled to England, leaving the East India Company on the verge of bankruptcy. In 1772 a secret committee was appointed by the British Parliament which uncovered many defects and shortcomings in the administration of the Company. Thereafter, to regulate the affairs of the East India Company the Parliament passed the Regulation Act of 1773.

In order to frame the Indian Constitution, the Constituent Assembly was formed under the Cabinet Mission Plan 1946, even before the complete transfer of power affected by the Indian Independence Act 1947. As per the Recommendation of the Cabinet mission plan, Constituent assembly formed of the members who were indirectly elected by the members of the Provincial Legislative Assemblies.

The arrangements were in the form of 389 seats (93 princely and 292 provincial legislative assemblies and 4 chief commissioners elected through the provinces). However, after the split by virtue of the Indian Independence act 1947 partition, the number of members in the Legislative Assembly came down to 299. The first meeting of the Constituent Assembly was held on 9 December 1946, and Shri Sachidananda Sinha was elected as the first Chairman. The second meeting was held on December 11, 1946, in which Dr. Rajendra Prasad was elected the president.

Initially, the Assembly was not a sovereign body but was subject to the ultimate authority of the British Parliament.  To assume power on behalf of the Government of India as it was converted into a sovereign body by virtue of the Indian Independence Act 1947 that heralded a complete change in its character, the constituent assembly was reassembled on 14 August 1947.

The Constitution should not be interpreted as a mere law, but as the mechanism by which laws are made. The Constitution of India consists of 1) preamble 2) parts-XXII, Article 1- 395 and; 3) Schedules 1-12 and Appendix.

Source of inspiration	Feature that inspired
Government of India Act 1935	Federal System, Office of Governor, Public service Commission, emergency (however this was adopted by Germany), Judiciary and executives
British Constitution	Parliamentary system, Single citizenship , Rule of law, Bi-cameral system , cabinet and writs from Britain (although many of inspiration were also from Indian Government act 1919)
Ireland’s constitution	DPSP (Directive Principal to State Policy), Nomination of the Rajya sabha members and election of president.
Russian Constitution	fundamental duties and Social, Political and Economic Justice as enumerated in preamble.
U.S. Constitution	Preamble, Fundamental rights (From Bill of Rights), Free judiciary , Impeachment, vice president ex-officio chairman of Council of state(Rajya sabha), President as Executive head and the Supreme commander of Armed Forces, and removal of Supreme court and High Court Judges.
South Africa constitution	to amend the constitution, and election of the members of Rajya sabha
Australian Constitution	Joint assembly, free trade and concurrent list
Canada Constitution	Federal government with strong center, appointment of Governor, Residuary power lies with center, Advisory jurisdiction of Supreme court.
Germany constitution	Suspension of Fundamental rights during emergency.
Japanese Constitution	Procedure Established by law
French Constitution	Enumerated in preamble , Republic and the ideals of liberty, equality and fraternity.