Day 17 PDF
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Day 17
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Geography www.iasscore.in
HUMAN SETTLEMENT
Settlements can broadly be divided into two types rural and urban.
Some basic differences between rural and urban areas in general. (i) The major difference between rural and urban
areas is the function. Rural areas have predominantly primary activities, whereas urban areas have domination of
secondary and tertiary activities. (ii) Generally the rural areas have low density of population than urban.
Settlement Hierarchy
i. Isolate dwellings
Such settlement consists of individual units. It can be termed as the initial state of development of
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a settlement.
An isolated dwelling would only have 1 or 2 buildings or families in it.
ii. Hamlets
OR
When many individual units are cluster together they form hamlets. The grouping may be due to
similar occupation patterns, religion, cultural factors etc. a hamlet has a tiny population (<100) and
very few (if any) service.
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iii. Villages
When many hamlets combine they from a village. The reason for such grouping may be due to
interdependencies of one hamlet on another, thus to form a self sufficient unit.
iv. Towns
A town is a larger entity which is more self sufficient, has a stronger economic base.
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v. Cities
Where large concentration of people exists, multiple economic activities exist.
vi. Metropolis
A metropolis is a large city, with a population of at least one million living in its urban agglomeration.
vii. Megalopolis
An extensive, metropolitan area or a long chain of continuous metropolitan areas.
RURAL SETTLEMENTS
Geographers have suggested various schemes of classification. If we group settlements found all over the
country, these can broadly be grouped under four categories:
A. Compact Settlements:
These settlements have closely built up area.
Therefore in such settlements all the dwellings are concentrated in one central sites and these inhabited
area is distinct and separated from the farms and pastures.
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Maximum settlements of our country comes under this category. They are spread over almost every
part of the country.
B. Semi- Compact Settlement:
The dwellings or houses are not well-knitted.
Such settlements are characterized by a small but compact nuclears around which hamlets are dispersed.
It covers more area than the compact settlements.
These settlements are found both in plains and plateaus depending upon the environmental conditions
prevailing in that area.
C. Hamleted Settlements:
These type of settlements, are fragmented into several small units.
The main settlement does not have much influence on the other units.
Very often the original site is not easily distinguishable and these hamlets are often spread over the
area with intervening fields.
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This segregation is often influenced by social and ethnic factors.
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D. Dispersed Settlements:
This is also known as isolated settlements.
Here the settlement is characterized by units of small size which may consist of a single house to
a small group of houses. It varies from two to seven huts.
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Therefore, in this type, hamlets are scattered over a vast area and does not have any specific pattern.
URBAN SETTLEMENTS
According to the census of India urban areas are those which satisfy the conditions given below:
(a) All places with a municipality corporation, cantonment board or notified town area committee etc.
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Smart Cities are those that are able to attract investments. Good infrastructure, simple and transparent online
processes that make: it easy to establish an enterprise and run it efficiently are important features of an
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investor friendly city. Without this a city loses attraction as an investment destination. An investor is considered
as someone who helps a city rather than someone who only profits from it.
Pillars of a Smart City
Essentially, its Institutional Infrastructure (including Governance), Physical Infrastructure and Social Infrastructure
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constitute the three pillars on which a city rests, The center of attention for each of these pillars is the citizen.
In other words a Smart City works towards ensuring the best for all its people, regardless of social status, age,
income levels, gender, etc.
a) Institutional Infrastructure: Institutional Infrastructure refers to the activities that relate to the planning
and management systems in a city. The new, technology has provided a new dimension to this system
making it efficient and transparent, It includes the systems of governance the sense safety and security,
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the opportunities for entertainment and ions, the open spaces and parks that are available.
b) Physical Infrastructure Physical infrastructure refers to its stock of physical infrastructure such as the
urban mobility system, the housing stock, the energy system, the water supply system, sewerage system,
sanitation facilities, (solid waste management system, drainage system, etc. which are all integrated through
the use of technology.
c) Social Infrastructure: Social Infrastructure relates to those that work towards developing the human and
social capital, such as the educational, healthcare, entertainment; etc systems.
Social Infrastructure would include the following:
Education: The city should have good quality educational facilities both for schooling and higher education.
Healthcare: High quality healthcare facilities are important factors in making a city livable and attractive
for people and businesses.
Entertainment: Good entertainment facilities make the people in a city happy. Good sports facilities,
cultural centers, open spaces and plazas allow opportunities for recreation, so important for healthy and
happy living.
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C. Growth Rate
OR
The rate of natural increase or the growth rate of population refers to the difference between the birth
rate and the death rate. When this difference is zero (or, in practice, very small) then we say that the
population has stabilized, or has reachedthe replacement level, which is the rate of growth required
for new generations to replace the older ones that are dying out.
Sometimes, societies can experience a negative growth rate - that is, their fertility levels are below the
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replacement rate. This is true of many countries and regions in the world today, such as Japan, Russia,
Italy and Eastern Europe.
On the other hand, some societies experience very high growth rates, particularly when they are going
through the demographic transition described on the previous page.
D. Fertility Rate
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The fertility rate refers to the number of live births per 1000 women in the child-bearing age group,
usually taken to be 15 to 49 years.
But like the other rates discussed above (the birth and death rates) this is a crude rate- it is a rough
average for an entire population and does not take account of the differences across age-groups.
Differences across age groups can sometimes be very significant in affecting the meaning of indicators.
That is why demographers also calculate age-specific rates.
The total fertility rate refers to the total number of live births that a hypothetical woman would have
if she lived through the reproductive age group and had the average number of babies in each segment
of this age group as determined by the age-specific fertility rates for that area. Another way of
expressing this is that the total fertility rate is the the average number of births to a cohort of women
up to the end of the reproductive age period (estimated on the basis of the age-specific rates observed
during a given period).
E. Mortality Rates
The infant mortality rate is the number of deaths of babies before the age of one year per 1000 live
births.
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Likewise, the maternal mortality rate is the number of women who die in child birth per 1000 live
births.
High rates of infant and maternal mortality are an unambiguous indicator of backwardness and
poverty; development is accompanied by sharp falls in these rates as medical facilities and levels of
education, awareness and prosperity increase.
F. Life expectancy
This refers to the estimated number of years that an average person is expected to survive. It is
calculated on the basis of data on age-specific death rates in a given area over a period of time.
G. Sex ratio
The sex ratio refers to the number of females per 1000 males in a given area at a specified time
period.
H. Age structure
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The age structure of the population refers to the proportion of persons indifferent age groups relative
to the total population.
OR
The age structure changes in response to changes in levels of development and the average life
expectancy. Initially, poor medical facilities, prevalence of disease and other factors make for a
relatively short life span. Moreover, high infant and maternal mortality rates also have an impact on
the age structure. With development, quality of life improves and with it the life expectancy also
improves. This changes the age structure: relatively smaller proportions of the population are found
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in the younger age groups and larger proportions in the older age groups. This is also refered to as
the aging of the population.
I. Dependency ratio
The dependency ratio is a measure comparing the portion of a population which is composed of
dependents (i.e., elderly people who are too old to work, and children who are too young to work)
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with the portion that is in the working age group, generally defined as 15 to 64 years.
The dependency ratio is equal to the population below 15 or above 64, divided by population in the
15-64 age group; the ratio is usually expressed as a percentage. Or in other words, Dependency Ratio
= Population in the age group 0-14 + Population in the age group 60 + or 65 + Population in the age
group 15-59 or 15-64.
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CENSUS 2011
The Indian Census is the most credible source of information on Demography (Population characteristics),
Economic Activity, Literacy & Education, Housing & Household Amenities, Urbanization, Fertility and Mortality,
Scheduled Castes and Scheduled Tribes, Language, Religion, Migration, Disability and many other socio-
cultural and demographic data since 1872. Census 2011 will be the 15th National Census of the country. This
is the only source of primary data at village, town and ward level. It provides valuable information for planning
and formulation of polices for Central & State Governments and is widely used by National & International
agencies, scholars, business people, industrialists, and many more. The delimitation/reservation of Constituencies
- Parliamentary/Assembly/Panchayats and other Local Bodies is also done on the basis of the demographic
data thrown up by the Census. Census is the basis for reviewing the country's progress in the past decade,
monitoring the on-going schemes of the Government and most importantly, plan for the future.
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The Census is a statutory exercise conducted under the provisions of the Census Act 1948 and Rules made
thereunder.
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How the Census is conducted?
The Census process involves visiting each and every household and gathering particulars by asking questions
and filling up Census Forms. The information collected about individuals is kept absolutely confidential. In fact
this information is not accessible even to Courts of law. After the field work is over the forms are transported
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to data processing centres located at 15 cities across the country. The data processing will be done using
sophisticated software called Intelligent Character Recognition Software (ICR). This technology was pioneered
by India in Census 2001 has become the benchmark for Censuses all around the globe. This involves the
scanning of the Census Forms at high speed and extracting the data automatically using computer software.
This revolutionary technology has enabled the processing of the voluminous data in a very short time and
saving a huge amount of manual labour and cost.
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However, the 2001-2011 decadal growth rate of 17.6 %, compared to 21.5 recorded during 1991-2001,
suggests slowing down of growth. Interestingly, the enumerated population size was larger than most
projections, including that of the Registrar General's office that projected the 2011 population to be 1.19
billion. India is now expected to become the most populous country of the world by 2030 overtaking
China sooner than earlier expected.
India's population size is expected to stabilize at 1.8 billion around 2041.
B. Geographic Distribution
The state of Uttar Pradesh with 199.6 million people is India's most populous state accounting for 16.5%
of country's population. Bihar (103.8) and Maharashtra (112.4) are other two states with more than 100
million people. Other large states are West Bengal with 91, Andhra Pradesh with 85, Madhya Pradesh with
73, and Tamil Nadu with 72 million people.
Nearly 42.4% of Indians now live in formerly undivided Bihar, Uttar Pradesh, Madhya Pradesh and
Rajasthan; a proportion that has increased from 40% in 1991.
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Conversely, the proportion of Indians living in the four southern states of Kerala, Tamil Nadu, Karnataka
and Andhra Pradesh has decreased from 22.5% in 1991 to 20.8% in 2011, causing concerns about their
C.
representation in parliamentary democracy.
Rate of Population Growth OR
Among the major states, Bihar with 25.1% growth rate during 2001-2011is the fastest growing state.
Decadal Growth rates have exceeded 20% in all the core north India states - Bihar, Uttar Pradesh,
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Rajasthan, Madhya Pradesh (including Jharkhand And Chattisgarh).
Kerala's growth rate during 2001-2011 of 4.9% is indicative of the state reaching stationary population in
the next 10-20 years.
Growth rate around 11-13% is reported by Punjab, Andhra Pradesh, and West Bengal and around 15-16
% by Karnataka, Maharashtra and Tamil Nadu. Southern states are the harbinger of population stabilization.
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D. Literacy
India has witnessed remarkable progress in spread of literacy. Compared to barely 18 percent of India's
population recorded as literate in the first Census after Independence, according to the 2011 Census, that
proportion has gone up to 74 percent.
The achievement among males has been from 27 to 82 percent in the 60 years. From less than one in
10 women counted as literate in 1951, today two out of three women are enumerated as literate.
Nationally, the gender gap in spread of literacy began to narrow first in1991 and the pace has accelerated.
However, there are large state variations in the gender gap with Rajasthan reporting nearly 28 percentage
point gap and other core North Indian states like Bihar, Uttar Pradesh, Madhya Pradesh, Chattisgarh and
Jharkhand reporting a gap between male and female literacy rate of more than 20 percentage points.
Compared to 2001, in 2011 male literacy rate increased by 6 percentage points but female literacy
increased by nearly 12 percentage points, which is viewed as a remarkable achievement.
E. Sex Ratio of Population
Female to male sex ratio of population has began to improve - from 927 in 1991 to 933 in 2001 to 940
in 2011.
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The female to male sex ratio of population historically noted in the contiguous area of Punjab, Haryana,
Chandigarh and Delhi, has improved between 2001 and 2011, but it is still below 900 women per 1000
men.
On the other hand, sex ratio close to unity is recorded in the southern states of Kerala, Tamil Nadu and
Andhra Pradesh. This phenomenon observed since the beginning of the 20th Century has persisted even
now.
F. Child Sex Ratio
Since 1981 Indian Censuses have made available data on population in the age group 0-6 by sex, as a
byproduct of information on literacy rates which are calculated for 7+ population, enabling calculation of
sex ratio of children in the age group 0-6. (Typically, age data are generated in five year age groups and
thus most populations would provide data on children in the age group 0-4 and not 0-6.)
The Census Commissioner's office has calculated sex ratio of children aged 0-6 from the previous Censuses
of 1961 and 1971 also showing the trend over 50 years (See Table 2).
The child sex ratio has steadily declined from 976 in 1961 to 927 in 2001 and further to 914 in 2011.
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OR
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Parliament as well as by state legislatures.
OR
SC
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Guardian of the Constitution The conflicts of jurisdiction between the central government
and the state governments or between the legislature and the
executive are decided by the court. Any law or executive
order which violates any provision of the constitution is
declared unconstitutional or null and void by the judiciary.
For eg. Judicial review- guaranteeing the fundamental rights
of individuals and ensuring balance between the union and
the units in a federal state.
Protector of Fundamental Rights The judiciary protects the rights of people against the
encroachment of the government or any other association or
individual. The superior courts enforce the fundamental rights
of the people through appropriate writs in the nature of
Habeas Corpus, Mandamus, Certiorari, Quo-Warranto etc.
Advisory Function In India the Supreme Court, the highest court of law, may
give advisory opinion on constitutional questions. Such advice
is given even in the absence of an actual dispute, when the
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chief executive so desires.
OR
Supervisory Function Higher courts, in most cases, are assigned the task of
supervising the work of the lower courts. The High Courts
supervise the work of the subordinate courts in India.
Non-judicial or Administrative Functions Miscellaneous functions like the courts may grant certain
licenses, administer the estates of deceased persons and
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At present the convention of appointing the senior most judge as the chief justice prevails.
Appointment of Judges (Art. 124)
OR
Every judge of the Supreme Court shall be appointed by the President after consultation with such judges
of the Supreme Court and of the High Court as the President may deem necessary.
In case of the appointment of a judge other than the chief justice, the chief justice of India shall always
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be consulted.
The consultation process has been made systematic, elaborate and effective by the Supreme Court in
various cases known as Supreme Court Judges case.
The Supreme Court has held that the Chief Justice must consult the four senior most judges of the
Supreme Court and if two judges give an adverse opinion, the Chief Justice should not send the
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He may be removed by the President by an order issued after being presented an address by each House
of Parliament passed by special (also known as double majority) majority.
Such removal can be on the ground of (a) proved misbehaviour or (b) incapacity.
Salary of Supreme Court Judges:
Chief Justice -1 lakh
Other Judges -90,000 (From consolidated fund of India)
Appointment of acting Chief Justice (Art. 126)
In case of absence of the Chief Justice of the Supreme Court by any reason, the President may appoint
a judge of the Supreme Court as the acting Chief Justice during such absence.
Ad-hoc Judges (Art. 127)
The Chief Justice with the previous consent of the President can ask a High Court judge after consulting
the chief justice of that High Court to attend at the sittings of the Supreme Court as an ad hoc judge.
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The ad hoc judge will have all the jurisdiction, powers and privileges of a judge of the Supreme Court.
Attendance of retired Judges (Art. 128)
OR
The chief justice may with the prior consent of the President request a retired judge of the Supreme Court
or a High Court who is qualified to be judge of the Supreme Court to and act as a judge of the Supreme
Court.
The President may determine his allowances. He shall have all the jurisdiction, powers and privileges of
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the Supreme Court. But he shall not be deemed to be a judge of the Supreme Court.
Removal of Supreme Court judges Art. 124(4):
The manner of removal of a Supreme Court judge which is an impeachment like process. A judge may be
removed from his office on the ground of (a) misbehavior or (b) incapacity. The removal involves the following
steps:
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A motion for presenting an address to the President praying for the removal of a judge must be signed
by at least 100 members of the Lok Sabha (if notice is given in the Lok Sabha).
The Chairman or the Speaker (as the case may be) may consult such persons as he thinks fit and consider
such material as may be available and may admit the motion or refuse to admit it.
If the motion is admitted, a committee consisting of 3 persons will be constituted of whom,
One shall be from among the Chief Justice and judges of the Supreme Court.
One shall be from among the Chief Justice and the judges of the High Court.
One shall be a person who is a distinguished jurist.
If the committee arrives at a finding that the judge is guilty of misbehaviour or suffers from an incapacity,
then the motion for removal of the judge together with the report of the committee will be taken up for
consideration in the House in which it is pending.
The motion must be passed by each House by a majority of the total membership of that House and by
a majority of not less than two-third of the members of that House present and voting. After being so
passed, the address is presented to the President.
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Acting CJ & Ad Hoc Judges
OR
Appointment of Acting CJ - By President if CJ is ill or incapable to serve
Appointment of Ad-hoc Judges - IF there is lack of quorum of Judges of SC to hold or continue any
session in court, CJ of India with previous consent of President & after consultation with CJ of HC
concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period
(Judges shall be qualified to be judges of SC)
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Retired judges of SC can sit in SC as Ad-hoc Judges on request of CJ after consent of President, provided
they fulfill the criteria of SC
Criminal proceedings initiation against a judge of SC or HC requires CJs consent
After retirement, a Judge of SC is prohibited from practising or acting as a judge in any court.
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Exclusion to original jurisdiction of states (Art.131)
In disputes between center & state due to disputes arising out of provisions of a treaty, agreement etc.
OR
which was executed before 26th Jan 1950 & is in operation ever since
Parliament may by law exclude SCs jurisdiction in disputes with respect to use, distribution & control of
water in any interstate river
Exclusive jurisdiction in following cases:
SC
depends.
A legal right is one which is capable of enforcement by a Court law. It must be based on a rule of
positive law and not be a matter of political considerations.
Writ Jurisdiction (Art.32)
A type of original jurisdiction of Supreme court
Jurisdiction of SC to enforce FRs - Every individual has a right to move to SC directly by appropriate
proceedings for the enforcement of his FR, without coming via HC, by means of writs.
B. Appellate Jurisdiction:
Constitutional Matters (Art.132):
Appeal lies to SC if HC certifies that the case involves a substantial question of law as to interpret the
constitution
If HC refuses to give certificate, SC may grant a special leave for appeal if it is satisfied that case does
involve such question
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Civil Matters:
An appeal lies to SC from any any judgement in civil proceeding of HC if it certifies :
that the case involves a substantial question of law of general importance
that in opinion of HC, the said question needs to be decided by SC
Thus, No appeal in case of civil matters lies to SC as a matter of right as it lies only when HC issues a
certificate on above 2 conditions
Criminal Matters (Art.134):
Constitution provides the following provisions as to appeal in criminal matters:
If HC has sentenced someone to death
If HC has withdrawn for trial before itself a case from the lower court & in such trial, lower court has
sentenced the accused to death
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If HC certifies that the case is fit for appeal to SC, even if HC on appeal has reversed an order of acquittal
of accused & sentenced him to death or life imprisonment or for period not less than 10 years
OR
(Appellate Jurisdiction is not Applicable in cases of Court Martial)
Grant of special leave to appeal - Article 136
Articles 131, and 133 provide for appeals to the Supreme Court from constitutional, civil and criminal matters
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respectively.
Under Article 136, the Supreme Court has the power to grant special leave to appeal from any judgement,
decree, determination, sentence or order of a Court or tribunal except military tribunals. In the earlier
articles, the appeals flow only from the determinations of a High Court.
Article 136 puts no such restrictions. Under this article, the Supreme Court may hear an appeal even from
a subordinate court or tribunal. Even where the law does not provide for any appeal, e.g., from Industrial
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Tribunals, Election Tribunals, the Central Board of Revenue, the Central Government, the Railway Rates
Tribunal, etc.
Advisory Jurisdiction (Only consultative Role):
President can refer to court either on a question of law or on a question of fact provided it is of public
importance. However, it is not compulsory for court to give its advice.
Further, President is empowered to refer to SC for its opinion regarding disputes, arising out of provisions
of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since. In such
case, it is obligatory for the court to give its opinion to President
(In this cases, opinion expresses by SC is only advisory in nature & not binding on President)
C. Revisory Jurisdiction:
Empowered to review any judgment or order made by it with a view to remove any mistake or error that
might have crept in judgment
Even though, judgment have been passed by SC has a binding effect on all the courts of India, but not
on SC itself.
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In cases involving the same questions of law having general importance, the Supreme Court may withdraw such
cases and dispose them itself.
OR
Advisory jurisdiction (Article 143):
The power of consulting the Supreme Court by the President on a matter affecting the nation is known
as advisory jurisdiction of the Supreme Court.
If the President at any time feels that a question of law or fact of public importance has arisen which
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requires the opinion of the Supreme Court, he may refer the matter to the Supreme Court to seek its
advice.
However, the President is not bound by the advice given by the Supreme Court nor Supreme Court is
bound to tender its advice always.
Transfer of Certain Cases to High Court (Article 228):
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If the High Court is satisfied that a case pending in a subordinate Court involves a substantial question of law
as to the interpretation of the Constitution, the High Court will withdraw the case and either determine the
question of law and return the case to the court from where it was withdrawn or dispose of the case itself.
Contempt of court:
(Supreme Court has power to punish its own contempt)
Civil - Willful disobedience to any judge or other processes of the court
Criminal - Publication of any matter or doing any act whatsoever which scandalizes or tend to scandalize
authority of the court or tend to interfere course of any judicial proceedings
Curative Petition:
A review petition may be filed in SC after delivery of its judgment; Court may review the case under its
inherent power but on very restricted grounds
The petition 1st has to circulate to a bench of 3 senior most judges & judges who passed the judgment
complained of.
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Composition of the NJAC 6 members:
OR
Chief Justice of India (Chairperson, ex officio)
Two other senior judges of the Supreme Court next to the Chief Justice of India ex officio
The Union Minister of Law and Justice, ex-officio
Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or
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a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :
Chief Justice of India
Prime Minister of India
Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the
Leader of single largest Opposition Party in Lok Sabha)
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Evolving System:
Pre- 1993- Law ministers selected judges in' consultation with' judiciary.
Post-1993- Judiciary assumed 'primacy' by creating collegiums in Supreme Court and high courts.
NC judge is appointed after a collegium of judges of that court suggests his/ her
name, which then has to be cleared by a three-member SC collegium. The 3 judges
include the CJI and at least one SC judge who has been associated with that particular
HC in the past. SC appointments cleared by 5-member collegium including CJI and
4 other senior most judges.
2014 Proposed National judicial appointments commission seeks to make selection process
more transparent. To have 6 members, inducing law minister, Cell, 2 SC judges and
2 'eminent persons'. At least 5 members will have to agree on each judge's appointment.
2015 NJAC system is ruled over by SC, collegiums system revised and back in practice.
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OR
SC
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HIGH COURTS
The judiciary in the states consists of a High Court and a system of subordinate courts below it.
The High Court is at the apex of the judiciary in the state.
Article 214 provides for High Court for each state but there can be common High Courts for two or more
states established by Parliament under Article 231.
Under Article 230 the jurisdiction of High Court can be extended to the Union Territories also.
At present there are only 24 High Courts covering all the 29 states and 7 Union Territories.
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A High Court may also have one or more benches of itself within the area of its territorial jurisdiction.
Indian High court Act, 1861
High courts established at Calcutta, Bombay & Madras
OR
Constitution states that there shall be HC in every state, but, parliament has the power to establish a
common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs)
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Strength of HC is flexible (Unlike SC which can be increased by parliament)
President may from time to time appoint judges of HC, keeping in view amount of work before HC.
Jurisdiction and Seats of Courts in India
Court Jurisdiction Seat
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Supreme Court
All India High Courts New Delhi
Name of High Court Year Established Jurisdiction Seat
Allahabad High Court 1866 Uttar Pradesh Allahabad (with Bench at
Lucknow)
Hyderabad High Court 1956 Andhra Pradesh, Telangana Hyderabad
Bombay High Court 1862 Maharashtra, Dadra and Bombay (Bench at Nagpur,
Nagar Haveli, Goa, Panaji and Aurangabad)
Daman and Diu
Calcutta High Court 1862 West Bengal, Andaman Kolkata (Circuit Bench at Port
and Nicobar Blair)
Chhattisgarh High 2000 Chhattisgarh Bilaspur
Court
Delhi High Court 1966 Delhi New Delhi
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High Court and Indore)
OR
Madras High Court 1862 Tamil Nadu and Chennai (Bench at Madurai)
Puducherry
Manipur High Court 2013 Manipur Imphal
Meghalaya High Court 2014 Meghalaya Shillong
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Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or
a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :
Chief Justice of India
Prime Minister of India
Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the
Leader of single largest Opposition Party in Lok Sabha)
Functions of the Commission:
Recommending persons to president for appointment as:
Chief Justice of India,
Judges of the Supreme Court,
Chief Justices of High Courts and other Judges of High Courts.
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Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to
any other High Court
OR
Ensuring that the persons recommended are of ability and integrity
Appointment of Acting CJ, Additional Judges & Ad Hoc Judges High Court
Appointment of acting CJ By President if CJ is ill or incapable to serve
SC
Appointment of additional judges Duly qualified persons as additional judges , for a period of not
extending 2 years (when President thinks that there is temporary
increase in business of HC)
Ad hoc judges CJ of HC with prior permission to President may request retired
HC judges to sit & act as a judge of HC for a temporary period
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They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the
country
OR
C. Writ Jurisdiction:
Jurisdiction to issue writs under HC is larger than the SC.
SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such
cases but also where an ordinary legal right has been infringed
SC
(HC acts as court of records & has power to punish its own contempt)
Superintendence over Courts:
Under Article 227 every High Court has a power of superintendence over all courts and tribunals throughout
the territories in relation to which it exercises jurisdiction. Superintendence covers both administrative as
well as judicial.
The power of superintendence is an extraordinary power to be exercised most sparingly and only in
appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for
making trifle corrections.
The High Court should intervene in cases of gross injustice or non-exercise or abuse of jurisdiction even
though there is no provision for appeal or revision.
Transfer of Certain Cases to High Court (Article 228):
If the High Court is satisfied that a case pending in a subordinate Court involves a substantial question of law
as to the interpretation of the Constitution, the High Court will withdraw the case and either determine the
question of law and return the case to the court from where it was withdrawn or dispose of the case itself.
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The initial appointment of a District Judge or Additional District Judge is made by the Governor who has to
act in consultation with the High Court. After he is appointed his posting and promotion is done by the
Governor in consultation with the High Court (Article 233). Normally the High Courts recommendation must
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be accepted. Departure from it must be rare and for cogent and compelling reasons.
The posting and promotion of the district judge is done by the Governor in consultation with the High Court
but posting and promotion of persons belongings to state judicial service (other than district judges) exclusively
rests with the High Court (Article 235).
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Article 235 expressly states that the control over district court and courts below it vest in the High Court. The
control is administrative, removal or reduction in rank. In the matter of dismissal, removal and reduction also
the High Court may recommend such punishment to the Governor.
Powers to issue writs:
The Supreme Courts and High Courts can issue writs to ensure that rights of the people are not violated
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DISTRICT JUDICIARY
Subordinates courts district courts
Civil cases- district judges,
Criminal cases- session judges
Appointed by Governor in consultation with CJ of HC
In each district of India there are various types of subordinate or lower courts. They are civil courts, criminal
courts and revenue courts. These Courts hear civil cases, criminal cases and revenue cases, respectively.
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Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or
contract, divorce or landlord - tenant disputes. Civil Courts settle these disputes. They do not award any
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punishment as violation of law is not involved in civil cases.
Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical
assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, againt
the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or
even death sentence.
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Revenue cases relate to land revenue on agriculture land in the district.
Qualifications and Appointment of Judges
Supreme Court
The judges of subordinate courts are appointed by the Governor of India
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The next set of courts is described as courts of District and Sessions Judge, which also includes courts
of the Additional Judge, Joint Judge, or Assistant Judge. The court of the District and Sessions Judge at
the district level is the principal court of original jurisdiction.
It is presided over by an officer called the District and Sessions Judge. As a rule, the same officer is
invested with power under both the statutes and presides over the court, known as the District and
Sessions Court.
Depending upon workload, a district court may have jurisdiction over more than one district- In some
states, there is a court called the Court of Civil and Sessions Judge.
These courts generally have unlimited pecuniary jurisdiction and depending upon the power conferred on
the incumbent officer-in-charge of the court, it can handle criminal cases. In some states, these courts with
unlimited pecuniary jurisdiction are called Courts of Civil Judge (Senior Division) while in other states
they are described as Courts of Subordinate Judge. In addition there are courts known as Small Causes
Courts.
These are set up either under the Provisional Small Causes Act at the district level or under the Presidency
Town Small Causes Court Act in presidencies/metropolitan towns.
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Salient features of the Act
1. TheLokpalto consist of a Chairperson and a maximum of eight Members, of which fifty percent shall
2.
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be judicial Members. Fifty per cent of members ofLokpalshall be from amongst SC, ST, OBCs, Minorities
and Women.
The selection of Chairperson and Members ofLokpalshall be through a Selection Committee consisting
of
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a) Prime Minister;
b) Speaker ofLokSabha;
c) Leader of Opposition in theLokSabha;
d) Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;
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Enquiry procedure
The Lokpals inquiry wing is required to inquire into complaints within 60 days of their reference. On
considering an inquiry report the Lokpal shall-
(i) order an investigation; (ii) initiate departmental proceedings; or (iii) close the case and proceed against the
complainant for making a false and frivolous complaint. The investigation shall be completed within 6 months.
The Lokpal may initiate prosecution through its Prosecution Wing before the Special Court set up to adjudicate
cases. The trial shall be completed within a maximum of two years.
The recent amendment has amended Section 44.
Now the every public servantshall make declaration of their assets and liabilities in the form and manner as
prescribed by government. It has abolished the previous 30 days timeline.
b) Gives extension of the time given to public servants and trustees and board members of Non-Governmental
Organisations (NGOs) to declare their assets and those of their spouses.
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GENDER BUDGETING
Gender Budgeting is a powerful tool for achieving gender mainstreaming so as to ensure that benefits of
development reach women as much as men. It is a tool for gender empowerment. (Gender empowerment
includes opening up access to decision-making processes that make women to perceive themselves as able and
entitled to occupy decision-making space).
Gender Budgeting was introduced by the government in 2005-06 in order to ensure that policy commitments
are backed by financial outlays and that the gender perspective is incorporated in all stages of a policy or a
programme.
The purpose of GB is to ensure the translation of Governments policy commitments on gender equity into
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budgetary allocations.
The Gender Budgetary allocations of the Union Government are reflected in two parts. The first part- Part A
A gender-sensitive budget aims at examining budgetary resource allocations through a gender lens. It is not a
separate budget for women; rather it is a dissection of the government budget to establish its gender-specific
impact and to translate gender commitments into budgetary commitments. It also examines the gendered
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incidence of budgetary policies for effective targeting of public spending, and offsetting any undesirable gender-
specific consequences of previous budgetary measures.
There are a range of different actors who can be involved in Gender Budgeting. They have different roles and
carryout different activities. Some of them are:
Ministry of Finance (both at the Centre &State)
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Its goals and objectives include the following:
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to reduce distress, disability, exclusion, morbidity and premature mortality associated with mental health
problems across life-span of a person,
to enhance understanding of mental health in the country,
to provide universal access to mental health care,
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It also recognises the fact that mental health is linked to many other aspects of life, and thus recommends
allocation of funds not just to the governments health department but also to other sectors such as social
welfare, school education and women and child development.
In addition to the treatment of mental illnesses, the policy also stresses the need to prevent such problems and
promote mental health. It places the onus of such promotion on early childhood care itself, by targeting
anganwadi centres for children below six years of age.
The policy aims to train anganwadi workers and school teachers to help parents and care-givers understand the
physical and emotional needs of children to facilitate and affirmative and positive environment for their
growth. It also proposes teaching mandatory life skills education in schools and colleges that, among other
things, includes discussions on issues of gender and social exclusion.
To bring down rates of suicide in India, the policy talks of setting up crisis intervention centres, training
community leaders to recognise risk factors, restricting access to means of suicide and also framing guidelines
for responsible media reporting of the issue.
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