Government of India Ministry of Home Affairs

Total Page：16

File Type：pdf, Size：1020Kb

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO. 2767 TO BE ANSWERED ON THE 18TH MARCH, 2020/ PHALGUNA 28, 1941 (SAKA) AMENDMENT IN IPC AND CrPC IN RESPECT OF BAIL 2767. SHRI B. LINGAIAH YADAV: Will the Minister of HOME AFFAIRS be pleased to state: (a) whether Government is working on changes for time limit on advance bail that violates personal liberty and sought guidelines and working on changes in this regard with the setting up of any Task Forces/Committees in this regard to make suitable changes by amending the IPC and CrPC and to plug the loopholes in the system; (b) if so, the details thereof and suggestions received along with changes made in the last five years and the current year, case-wise and State-wise; and (c) if not, the reasons therefor and by when changes will be made? ANSWER MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY) (a) to (c) : The 268th Report of the Law Commission of India on “Amendments to Code of Criminal Procedure (CrPC), 1973 - Provision relating to Bail” was received in this Ministry in May, 2017 wherein the Law Commission of India has recommended several amendments in the Code of Criminal Procedure, 1973 (CrPC). As the criminal laws and criminal procedure are in the concurrent list in seventh schedule to the Constitution of India, this Report was forwarded to all the State Governments / Union Territory Administrations for their views/ comments. Till date, comments from twelve States and four Union Territories (UTs) have been received. This Ministry has sought suggestions from States/UTs, Judiciary, Academic Institutions to make comprehensive amendments to criminal laws and -2/... -2- RS.US.Q.NO.2767 FOR 18.03.2020 acts. Bureau of Police Research and Development (BPR&D) has also been entrusted with the responsibility to review the criminal laws and Acts and suggest revisions. A Committee has also been constituted recently to suggest reforms in criminal laws and Acts. ***** .

Copy Link

Recommended publications

Chapter 43 Electoral Statistics
CHAPTER 43 ELECTORAL STATISTICS 43.1 India is a constitutional democracy with a parliamentary system of government, and at the heart of the system is a commitment to hold regular, free and fair elections. These elections determine the composition of the Government, the membership of the two houses of parliament, the state and union territory legislative assemblies, and the Presidency and vice-presidency. Elections are conducted according to the constitutional provisions, supplemented by laws made by Parliament. The major laws are Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes. 43.2 The Election Commission of India is an autonomous, quasi-judiciary constitutional body of India. Its mission is to conduct free and fair elections in India. It was established on 25 January, 1950 under Article 324 of the Constitution of India. Since establishment of Election Commission of India, free and fair elections have been held at regular intervals as per the principles enshrined in the Constitution, Electoral Laws and System. The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice- President of India. The Election Commission is headed by the Chief Election Commissioner and other Election Commissioners. There was just one Chief Election Commissioner till October, 1989. In 1989, two Election Commissioners were appointed, but were removed again in January 1990.
[Show full text]
Parliament of India R a J Y a S a B H a Committees
Com. Co-ord. Sec. PARLIAMENT OF INDIA R A J Y A S A B H A COMMITTEES OF RAJYA SABHA AND OTHER PARLIAMENTARY COMMITTEES AND BODIES ON WHICH RAJYA SABHA IS REPRESENTED (Corrected upto 4th September, 2020) RAJYA SABHA SECRETARIAT NEW DELHI (4th September, 2020) Website: http://www.rajyasabha.nic.in E-mail: [email protected] OFFICERS OF RAJYA SABHA CHAIRMAN Shri M. Venkaiah Naidu SECRETARY-GENERAL Shri Desh Deepak Verma PREFACE The publication aims at providing information on Members of Rajya Sabha serving on various Committees of Rajya Sabha, Department-related Parliamentary Standing Committees, Joint Committees and other Bodies as on 30th June, 2020. The names of Chairmen of the various Standing Committees and Department-related Parliamentary Standing Committees along with their local residential addresses and telephone numbers have also been shown at the beginning of the publication. The names of Members of the Lok Sabha serving on the Joint Committees on which Rajya Sabha is represented have also been included under the respective Committees for information. Change of nominations/elections of Members of Rajya Sabha in various Parliamentary Committees/Statutory Bodies is an ongoing process. As such, some information contained in the publication may undergo change by the time this is brought out. When new nominations/elections of Members to Committees/Statutory Bodies are made or changes in these take place, the same get updated in the Rajya Sabha website. The main purpose of this publication, however, is to serve as a primary source of information on Members representing various Committees and other Bodies on which Rajya Sabha is represented upto a particular period.
[Show full text]
Constitutional Development in India
1 Department – Political Science and Human Rights Semester- B.A. 2nd Semester Paper- Indian Government and Politics Note- I do not claim the material provided hereunder as my intellectual property as this is the collection from the writings of different scholars uploaded on websites. I have just collected, edited and arranged articles in one file according to syllabus for the purpose of enriching the students for preparation of their exams during the lockdown period. Students can also use various online sources for better understanding. I expressed my heartfelt thanks to all the authors whose writings have been incorporated in preparing this material. Constitutional Development in India Constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. It is a written instrument embodying the rules of a political or social organization. It is a method in which a state or society is organized and sovereign power is distributed. A constitution is a set of fundamental principles according to which a state is constituted or governed. The Constitution specifies the basic allocation of power in a State and decides who gets to decide what the laws will be. The Constitution first defines how a Parliament will be organized and empowers the Parliament to decide the laws and policies. The Constitution sets some limitations on the Government as to what extent a Government can impose rules and policies on its citizen. These limits are fundamental in the sense that the Government may never trespass them.
[Show full text]
Seventh Schedule of Indian Constitution - Article 246
Seventh Schedule of Indian Constitution - Article 246 The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule: 1. Union List – List I 2. State List – List II 3. Concurrent List – List III Union List, State List, Concurrent List – Introduction As mentioned earlier, Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as Union List, State List and Concurrent List which specify the divisions of power between Union and States. The key features of Union List, State List & Concurrent List are mentioned in the tables below: 7th Schedule of Indian Constitution – Union List It originally had 97 subjects. Now, it has 100 subjects Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution The Union List signifies the strong centre as it has more subjects than state list It contains more important subjects than included in any of the other two lists All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes 88th Amendment added a new subject in the Union List called ‘taxes on services.’ Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament 7th Schedule of Indian Constitution – State List It has 61 subjects.
[Show full text]
No. 17. Parliamentary Committee.Pmd
PARLIAMENTARY COMMITTEES The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in Committees of the House, known as Parliamentary Committees. 2. The origin of Committee system in India can be traced back to the Constitutional Reforms of 1919. The Standing Orders of the Central Legislative Assembly provided for a Committee on Petitions relating to Bills, Select Committee on Amendments of Standing Orders, and Select Committee on Bills. There was also a provision for a Public Accounts Committee and a Joint Committee on a Bill. Apart from Committees of the Legislative Assembly, members of both Houses of the Central Legislature also served on the Standing Advisory Committees attached to various Departments of the Government of India. All these Committees were purely advisory in character and functioned under the control of the Government with the Minister-in-charge of the Department acting as the Chairperson of the Committee. 1 3. A Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. 4. Parliamentary Committees are of two types: Standing Committees and Ad
[Show full text]
S. of Shri Mali Chikkapapanna; B. June 5, 1937; M. Shrimati Kenchamma, 1 D.; Member, Rajya Sabha, 3-4-1980 to 2-4-1986
M MADDANNA, SHRI M. : Studied upto B.A.; Congress (I) (Karnataka); s. of Shri Mali Chikkapapanna; b. June 5, 1937; m. Shrimati Kenchamma, 1 d.; Member, Rajya Sabha, 3-4-1980 to 2-4-1986. Per. Add. : 5, III Cross, Annayappa Block, Kumara Park West, Bangalore (Karnataka). MADHAVAN, SHRI K. K. : B.A., LL.B.; Congress (U) (Kerala); s. of Shri Kunhan; b. July 23, 1917; m. Shrimati Devi, 1 s. and 1 d.; Member, (i) Kerala Legislative Assembly, 1965 and (ii) Rajya Sabha, 3-4-1976 to 2-4-1982; Died. Obit. on 21-10-1999. MADHAVAN, SHRI S. : B.Com., B.L.; A.I.A.D.M.K. (Tamil Nadu); s .of Shri Selliah Pillai; b . October 3, 1933; m. Shrimati Dhanalakshmi, 1 s. and 2 d.; Member, Tamil Nadu Legislative Assembly, 1962-76 and 1984-87; Minister, Government of Tamil Nadu, 1967-76; Member, Rajya Sabha, 3-4-1990 to 2-4- 1996. Per. Add. : 17, Sixth Main Road, Raja Annamalai Puram, Madras (Tamil Nadu). MADNI, SHRI MAULANA ASAD : Fazil (equivalent to M.A. in Islamic Theology); Congress (I) (Uttar Pradesh); s. of Maulana Hussain Ahmad Madni; b. 1928; m. Shrimati Barirah Bano, 4 s. and 2 d.; Vice-President, U.P.C.C.; Member, Rajya Sabha, 3-4-1968 to 2-4-1974, 5-7-1980 to 4-7-1986 and 3-4-1988 to 2-4-1994. Per. Add . : Madani Manzil , Deoband , District Saharanpur (Uttar Pradesh). MAHABIR PRASAD, DR. : M.A., Ph.D.; Janata Party (Bihar); s. of Shri Sahdev Yadav; b. 1939; m. Shrimati Chandra Kala Devi, 2 s.
[Show full text]
Legislative Framework to Combat Public Health Emergencies in India
Legislative Framework to Combat Public Health Emergencies in India In Light of the COVID-19 Pandemic I. Introduction The world is facing an unprecedented situation with the outbreak of COVID-19, a novel coronavirus. The virus has spread to 155 countries around the world, and as per data collected and released by the Johns Hopkins University, there are 198,155 confirmed cases of COVID-19 globally1. India too is faced with the threat of COVID-19. As per the Ministry of Health and Family Welfare, 147 people in India have contracted the virus as of 18 March 2020, and the Government of India has declared the outbreak a national “disaster”. In light of this, the biggest challenge before the Government of India right now is to contain the spread of the disease and ensure the health and well-being of its population. To achieve this objective, the Government will first need to rely on existing legislative provisions and frameworks as a means of legally taking all measures necessary to fight the pandemic. Thus, this article seeks to elaborate on and highlight the various legislative provisions that exist to help the Government of India deal with a public health emergency. Before getting into this analysis, it is important to note that India has dealt with public health emergencies before. The most recent national health emergency was during the swine flu pandemic that started in 2009. The outbreak of the H1N1 virus originated in the United States of America and Mexico, and soon spread to India. India had restricted the sale of Tamiflu (the only known drug to work against swine flu) in general medical stores out of a fear that the virus would develop a resistance to the drug if it was used excessively.
[Show full text]
Concurrent List Subject Which Enables the Central Government to Legislate It in the Manner Suited to It
India Joint Report on India - Submission by National Coalition for Education and World Vision India For Universal Periodic Review, 13th session, 2012 The Right to Education The Right to Education in India The Indian constitution has provisions to ensure that the state provides education to all its citizens. The Indian constitution in its original enactment defined education as state subject. Under Article 42 of the constitution, an amendment was added in 1976 and education became a concurrent list subject which enables the central government to legislate it in the manner suited to it. Besides India is signatory to a number of international covenants i.e. Jomtien declaration, UNCRC, MDG goals, Dakar declaration SAARC SDG charter for children which is binding on its commitment for making education a reality for all children. Nearly eight years after the Constitution was amended to make education a fundamental right, the government of India from 1st April 2010 implemented the law to provide free and compulsory education to all children in age group of 6-14 years. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year. Both the Constitutional amendment and the new law came into force from 1st April 2010. The new law makes it obligatory on part of the state governments and local bodies to ensure that every child gets education in a school in the neighbourhood. The Constitution (Eighty-sixth) Amendment Act has now inserted Article 21A in the Constitution which makes education a Fundamental Right for Children in the age group of 6- 14 years by providing that; “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”.
[Show full text]
Bjp Further Consolidates Power in India March 15, 2017
BJP FURTHER CONSOLIDATES POWER IN INDIA MARCH 15, 2017 SUMMARY ABOUT ASG Prime Minister Modi’s Bharatiya Janata Party (BJP) experienced landslide wins in Albright Stonebridge Group several state elections last week, particularly in the political bellwether states of (ASG) is the premier global Uttar Pradesh and Uttarakhand. strategy and commercial diplomacy firm. We help These wins indicate a resounding endorsement of Modi’s pro-poor and anti- clients understand and corruption agenda, and reject the widely expected blowback from the prime successfully navigate the minister’s demonetization policy. economic, political, and social landscape in The BJP will be forming governments in four out of the five states where elections international markets. were held, including an unexpected coalition in Manipur. ASG’s worldwide team has served clients in more than Mr. Modi’s party will gain seats in the Rajya Sabha, India’s upper house, but will 110 countries. not cross the 123 seats required for a majority in the near future. ALBRIGHTSTONEBRIDGE.COM Political stability and consolidation of power by the BJP raises expectations of continued economic reforms to sustain India’s rapidly growing economy. UNPRECEDENTED ENDORSEMENT OF THE PRIME MINISTER’S POLICIES Labeled as a referendum on Prime Minister Narendra Modi’s demonetization efforts, the Bharatiya Janata Party’s (BJP) state elections victory last week makes clear that the Modi phenomenon is stronger than ever. The elections have been such a focus that India’s Budget Session of Parliament, which resumed on March 8 and is usually covered with excitement, has been a sideshow for the last few weeks.
[Show full text]
Government of India Ministry of Home Affairs
GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO.1185 TO BE ANSWERED ON THE 04TH MAY, 2016/ VAISAKHA 14, 1938 (SAKA) REHABILITATION WORK UNDERTAKEN AFTER AILA CYCLONE 1185. SHRI HISHEY LACHUNGPA: Will the Minister of HOME AFFAIRS be pleased to state: (a) whether it is a fact that a lot of devastation was caused by Aila cyclone in Sundarbans, West Bengal; (b) the details of rehabilitation work undertaken by Government in coordination with State Government as per the recommendation of the task force appointed for the purpose; (c) whether there is delay in carrying out rehabilitation work and many projects which were proposed, have not been completed on time; (d) if so, the details and the reasons for delay in rehabilitation work and temporary work; and (e) how much more time will be taken to complete the rehabilitation work? ANSWER MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU) (a) to (e): Yes, Sir. The State Government of West Bengal has informed that Multi Purpose Cyclone Shelters (MPCS) were constructed under Prime Minister’s National Relief Fund (PMNRF) in the three coastal districts of West Bengal; North 24 Parganas, South 24 Parganas and East Medinipur, in coordination with the State --2/ -2- RS.US.Q.NO.1185 FOR 04.05.2016 Government. National Disaster Management Authority (NDMA) selected 15 sites in South 24 Parganas, 15 sites in East Medinipur and 20 sites in North 24 Parganas for the purpose in consultation with the State Government. Hindustan Steelworks Construction Limited (HSCL) got the work order for construction of 15 Multi Purpose Cyclone Shelters (MPCS) in South 24 Parganas and Engineering Projects India Limited (EPIL) got the same for the remaining 35 MPCS in North 24 Parganas and East Medinipur.
[Show full text]
An Example of a Concurrent Power Is
An Example Of A Concurrent Power Is Ismail claught his cryptologist ingraft immaculately or reticulately after Cass side-slip and disseminated sixthly, colonialism and heterodactyl. Superannuated Gus banes laughingly or wilts insincerely when Marcus is deadlier. Merell purges his prostatectomies nomadizes confusingly or blind after Matthaeus preoccupies and hexes between-decks, catchable and automatic. It is exclusive powers or degrees shall, that lawis exclusively to determine whether one is also define what is an example a concurrent power of many of the Sign in here to access your reading lists, saved searches and alerts. In an example, examples of education policy process in a blueprint for? Different parts of the Earth get more direct sunlight due to the tilt as the Earth rotates around the Sun. Jomtien declaration, UNCRC, MDG goals, Dakar declaration SAARC SDG charter for however which is binding on its threshold for making education a reality for many children. Do they believed that are specifically gives some countries laws forming a conditional basis; taxes as well as necessary aid of schools comes through interchange between comparableterms of. High Courts; persons entitled to remove before upcoming High Courts. The primary weakness of the Articles was beauty it did vigor give it power circuit the federal government. Concurrent Powers Historycentralcom. The concurrent powers. Tenth Amendment, one set the key questions about our federal system remains: the level of government has gotten power to regulate particular when specific policy issues to educate the needs of citizens? The marble cake. The umpire between federal bankruptcy laws? This study deals with smart important aspect of Indian federalism namely the concurrent powers of legislation visit the Constitution The following of federalism in.
[Show full text]
1. Salary ` 1,00,000/- P.M. Payable During the Whole
2 3 3 1. Salary usual place of residence to their nearest airport residence or at a place selected by the irrespective of rail connection. MP in the State he/she resides. ` 1,00,000/- p.m. payable during the whole term of office as member Rajya Sabha. (iv) Air Journeys - Thirty-four single air journeys a (c) One additional landline connection at 2. Daily Allowance year to be availed alone or with spouse or any Delhi or his usual place of residence or number of companions or relatives. Any such ` 2,000/- per day for attending the Session and at a place selected by the MP for internet journey performed by the spouse, companions sitting of a Committee. Daily Allowances is also connection; and or relatives shall be included in computing the admissible for a period of three days immediately limit of 34 air journeys. Out of this 34 free air preceding the commencement and succeeding the (d) Broadband facility on any existing journeys, spouse or companion of a member is conclusion of the Sesion; and two days immediately landline connection against surrender of preceding the commencement and succeeding the entitled to travel alone to a maximum of 8 air journeys to visit such Member. The balance 10000 local calls per annum. conclusion of the business of the Committee subject to presence of the Member at the place of Business. of unused air journeys shall be carried over to the following year. Air journeys performed in (ii) A Member is also entitled to broadband Daily Allowance is admissible only when the facility on any one of the existing landline free Member is at the place of Business and signs the excess of 34 in a year, subject to a maximum of eight may be adjusted from the 34 air of charge upto a maximum of Rs.1,500/- per register maintained for the purpose.
[Show full text]