EDUCATION ASSAM

Sunday, December 23, 2018

NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC) 8:18 AM

ABOUT THE NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC)

NATIONAL JUDICIAL APPOINTMENT COMMISSION (NJAC)

The National Judicial Appointment Commission is a proposed body responsible for the appointment and transfer of judges to the higher judiciary in India. The National Judicial Appointment Commission is established through ninety-ninth constitution amendment Act. The amendment bill was passed by the parliament of India and ratified by 16 of the state legislature. The National Judicial Appointment Commission bill finally got the assent of the president in December, 2014. The proposed bill aims to end the former colleges system of appointment of judges in higher judiciary. However, the proposed bill for National Judicial Appointment Commission has been challenged in Supreme Court of India.

Composition of National Judicial Appointment Commission:

1. Chief Justice of India (Chair Person- ex-officio-member)

2. Two other Senior Judges of Supreme Court next to Chief Justice of India (ex-officio-member)

3. The Union Minister of Law and Justice. (ex-officio-member)

4. Two eminent person to be nominated. (One person should be from SC or ST or OBC or Minority or Women)

JAHANGIR KHAN 0

Wednesday, December 12, 2018

7:09 PM

WHAT ARE THE LEGAL ASPECTS RELATED TO WOMEN IN INDIA

LEGAL ASPECTS RELATED TO WOMEN

Women in India have faced significant violation of their human rights for centuries. From rape and domestic violence to forced labor and denial of educational opportunities, the struggle for rights and empowerment is a daunting one for Indian women. In the world’s second-largest country, hundreds of millions of women are still affected by some of these issues. The following are the essential Legal Rights Ever y Indian Women should know.

1. Right to equal pay: According to provisions under the equal Remuneration Act, one cannot be discriminated on the basis of sex when it related to salary or wages.

2. Right against harassment at work: The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to file a complaint against sexual harassment.

3. Right to anonymity: Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.

4. Right against domestic violence: The act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives.

5. Right to maternity-related benefit: Maternity benefit are not merely a privilege of the working woman, they are a right. The Maternity benefit Act ensures that the new mother dose not suffer any loss of earnings following a period of twelve weeks after her delivery, allowing her to rejoin the workforce.

6. Right to property: The Hindu succession Act allows women and men equal share in inheritance, thereby setting new rules and regulations.

7. Right to dignity and decency: In the event that an accused is a woman, any medical examination procedure on her must be performed by or in the presence of another woman.

8. Right not to be arrested at night: A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate.

9. Right to free legal aid: All female tape victims have the right to free legal aid, under the Legal Services Authorities Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.

10. Right against female foeticide: It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights-the right to life. The Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) ensures her right against female foeticide.

https://digitallearnerassam.blogspot.com/2018/11/discuss-scope-and-nature-of-political.html

JAHANGIR KHAN 0

Monday, December 3, 2018

12:06 AM

CONSTITUTIONAL PROVISIONS OR PRIVILEGES AND LEGAL PROVISIONS FOR INDIAN WOMEN. WHAT ARE THE PRIVILEGES AND LEGAL PROVISIONS PROVIDED BY INDIAN CONSTITUTION FOR WOMEN?

CONSTITUTIONAL PROVISIONS OR

PRIVILEGES AND LEGAL

PROVISIONS FOR INDIAN WOMEN.

SOME WOMEN RIGHTS IN INDIAN

CONSTITUTION

CONSTITUTIONAL PROVISIONS:

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equals protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex and guarantee equality of opportunity to all citizens. Articles 14, 15, 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

Constitutional Privileges:

1. Equality before law for women and all. (Article 14)

2. The State can’t discriminate any citizen on grounds of religion, caste, sex, place of birth etc. (Article 15(i))

3. The State to make any special Provision in favour of women and children. (Article 3)

4. Equal opportunity for all citizens in matters relating to employment. (Article 16)

5. The states to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Articlr 39 (a)) ; and equal pay for equal work for both men and women ( Article 39(d))

6. The state to make Privileges for securing justice and humane conditions of work and for maternity relief (Article 42)

7. The State to promote with special care the educational and economical interests of the weaker sections of the people. (Article 46)

8. The State to raise the level of nutrition and the standard of living of its people (Article 47)

9. To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women. (Article 51(A)(e))

10. One-third of the total number of seats to be filled by direct election in every Panchayat to be reserved for women. (Article 243 d(3))

LEGAL PROVISIONS OF INDIAN WOMEN:

To uphold the Constitution mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women. Although women may be victims of any of the crimes such as ‘Murder’, ‘Robbery’, ‘Cheating’ etc, the crimes, which are directed specifically against women, are characterized as ‘Crime against Women’. These are broadly classified under two categories –

1. The Crimes Identified Under the Indian Penal Code (IPC) –

(i) Rape (Sec. 376 IPC)

(ii) Kidnapping & Abduction for different purposes (Sec. 363-373)

(iii) Homicide for Dowry, Dowry Deaths or their attempts. (Sec. 302/304-B IPC)

(iv) Torture, both mental and physical (Sec. 498-A IPC)

(v) Molestation (Sec. 354 IPC)

(vi) Sexual Harassment (Sec. 509 IPC)

(vii) Importation of girls (up to 21 years of age)

2. The Crimes Identified Under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. Some acts have special provisions to safeguard women and their interests like.

JAHANGIR KHAN 0

Friday, November 30, 2018

8:02 AM

Discuss the scope and nature of Political Science? What are the Nature and Scope of Political Science...

Discuss the scope and nature of Political

Science?

Answer: The scope of Political Science is not very clear. There is no perfect agreement among political thinkers about the scope of the subject.

1. According to Gettel, “a historical investigation of what the state has been, and an analytical study of what the state is, and a politico-ethical discussion of what the state ought to be.” That’s mean the scope of political science includes a detailed study of the state in the past, present and future.

2. According to Garner,” Political Science begins and end ends with the state.” He points out that the fundamental problems of political science are an investigation of the origin and nature of the state.

3. According to Willougby,”Political science has no deal with three important topics: State, Government and Law.” Prof. Goodnow is of the view that Political Science divides itself into three parts: the expressions of the state will, the content of the state will as expressed and the execution of the state will.

4. According to the International Political Association, included those subject to the scope of political science: Political Theory, Political institution, Political Parties and International Relations.

5. Political sciences have recently widened the scope of the subject. They feel that man’s social life is an integrated whole; any change in man’s social environment is bound to have repercussions on man’s political life.

6. After the Second World War the state is not the only focus of discussion in Political Science. There began a shift of emphasis from the state to the political system as a whole.

Scopes of Political Science are change time by time. And

the same time the Nature of Political Science also change. The nature of Political Science are-

1. According to Austin Renney,” Politics and Government are among the oldest and most universal of all human activities and institutions.” But the nature of Political Science has undergone many changes from time to time. The nature of Political Science is best depicted in its definitions given by various Political scientists.

2. The Greek understood Politics in a broad sense. According to them the very essence of social existence is Politics. Between the 19 and 20 centuries “Political Science” was not understood in broad sense. During this period Political science only related with the State. The nature of a subject also changes along with the change of its scope.

3. There is a close affinity between Political Science and Sociology. Sociology is a general social science. It deals with the fundamental facts of social life and as political life is a part of social life. Political Science may be regarded as a part of Sociology. One can’t think of politics without society as Political Science deals with the political aspect of society.

4. Political Science is also a progressive science. Its scope is not static. The scope of Political Science expands according to the changes which takes place in human society.

5. Political Science is considered to be an art. It has the characteristics of an art. From the point of view of applied politics, it can be called an art as to practice it skill is necessary. Much experience and training are necessary to master the art of Political Science.

6. Many scholars regard Political Science as a science. They call it is a science because; scientific methods are adopted in the study of this subject. Aristotle calls Political Science as the greatest science.

7. Political Science is also a descriptive aspect. It describes political ideas and events in objective and scientific manner. Some scholars are of the view that Political Science is mainly descriptive in nature.

JAHANGIR KHAN 1

Thursday, November 22, 2018

6:55 AM

WHAT IS POLITICAL SCIENCE? DISCUSS THE NATURE AND SCOPS OF POLITICAL SCIENCE.

Q. Define Political Science? Discuss the

nature and scope of Political Science.

Introduction-

State is as old as history and Political Science is as old as the State. The concept of Political science is one of the oldest subjects. And nobody can provide a proper definition of political science. The definition of Political science debited in to two parts- Traditional or classic definition and Modern definition.

Traditionally the term Political Science used to be identified with the study of state and Government. There are some traditional definition given below-

According to Garner,” Political Science begins and ends with the state.”

According to P. Jenks,” Political Science deals with the State and Government.”

According to Paul Janet, “That part of social science which treats of the foundation of the state and the principles of government.”

All the above definition of traditional way, Political science is taken to be the study of State and Government. It is a social discipline involving a study of the organization and functions of the State and Government.

After the Behavioural Revolution, the modern view of Political Science came into pace. Modern definitions of political science project it as the science of politics or as the science of human political relation. Some modern definition given below-

According to H.J Price,” Politics is the exercise of power in society.” As a subject of study, politics means the study of power relations in society.

According to Catlin,” Politics is the study of political aspects of organized human society.” Politics is struggle for power and influence.

In simple words, we can say that Politics is the science of power or power-relations in society. It studies the exercise of power in society.

Nature of Political Science:

1. Political science is a developing subject. And the subject matter of Political science is always changeable.

2. Political Science is a part of Social Science. Without study of Social Science we can’t develop Political Science.

3. Political Science is a positive Science. Where we discuss about Government activity, relation between people and state, law making process etc.

4. Political Science is a science where we discuss about Human beings.

Scope of Political Science:

1. Study of State: State has been the Central focus of study in Political Science. Many scholars like Garner accept and advocate the view that Political Science begins and ends with the State. Study of origin, nature, purpose and functions of the State constitutes the core of the study of Political Science.

2. Study of Government: Government is an essential element of the State. Study of state essentially involves the study of government of the State. In fact, Government is that agency of the state which exercises all the powers of the state.

3. Study of Man as a Political being: Political Science studies man as a political being just as economics studies man as an economic being. Man is a Political animal.

4. Study of Political Groups and Political Structures: The scope of Political Science includes the study all those non-government and non-formal political groups and institutions which affect the policies and the functioning the government of the state.

5. Study of Elections and Political Participation: Modern study of Political Science give added importance to the study of elections, electoral politics voting-behaviour and participation of the people in politics.

6. Study of Comparative Constitutions: Each state has a constitution which is the supreme law of the state. The studies of Constitutions form an integral part of the scope of Political Science.

7. Study of Political Behaviour: Another important part of the scope of Political Science in contemporary times is the study of the actual behavior of the people in the process of politics. Voting behavior, political participation, leadership recruitment, mass politics and other such activities form an integral part of the study of politics.

8. Study of the Environment of Politics: The study of politics demands a study of the psychological, sociological, economical and anthropological environments, in fact, the total environment in which every political system operates.

9. Study of Power, Influence and Authority: Politics is the study of Power relations and interactions in society. Naturally it involves the study of power.

10. Study of Policy- making and Decision-making: Each political system is basically a system of making and implementation of binding politics and decisions.

JAHANGIR KHAN 3