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No.108 of 2000 (Sbsinha and Ppnaolekar,JJ.,) 23.0
SUPREME COURT OF INDIA Nair Service Society Vs. State of Kerala C.P.(Civil)No.108 of 2000 (S.B.Sinha and P.P.Naolekar,JJ.,) 23.02.2007 JUDGMENT S.B.Sinha,J., 1.In these petitions, interpretation of this Court's judgment as regards identification of 'creamy layer' amongst the backward classes and their exclusion from the purview of reservation, vis-`-vis, the report of Justice K.K. Narendran Commission (hereinafter referred to as 'Narendran Commission') and acceptance thereof by the State of Kerala in issuing the impugned notification dated 27.5.2000, falls for our consideration in this writ petition by the Nair Service Society ('the Society'), a Society which was initially registered under Section 26 of the Travancore Companies Act, 1914 and after coming into force the Companies Act, 1956, it would be deemed to have been registered under Section 25 thereof. The objects of the Society are said to be : “(i) to remove the difference prevailing from places to places amongst Nairs in their social customs and usages as well as the unhealthy practices prevalent among them; (ii) to participate in the efforts of other communities for the betterment of their lot and to maintain and foster communal amity; (iii) to work for the uplift of the depressed classes; (iv) to start and maintain such institutions as are found necessary to promote the objects of the society. It is not in dispute that it had filed a writ petition before the Kerala High Court questioning the validity of the report commonly known as Mandal Commission Report. -
Of Concepts and Methods "On Postisms" and Other Essays K
Of Concepts and Methods "On Postisms" and other Essays K. Murali (Ajith) Foreign Languages Press Foreign Languages Press Collection “New Roads” #9 A collection directed by Christophe Kistler Contact – [email protected] https://foreignlanguages.press Paris, 2020 First Edition ISBN: 978-2-491182-39-7 This book is under license Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) https://creativecommons.org/licenses/by-sa/4.0/ “Communism is the riddle of history solved, and it knows itself to be this solution.” Karl Marx CONTENTS Introduction Saroj Giri From the October Revolution to the Naxalbari 1 Movement: Understanding Political Subjectivity Preface 34 On Postisms’ Concepts and Methods 36 For a Materialist Ethics 66 On the Laws of History 86 The Vanguard in the 21st Century 96 The Working of the Neo-Colonial Mind 108 If Not Reservation, Then What? 124 On the Specificities of Brahmanist Hindu Fascism 146 Some Semi-Feudal Traits of the Indian Parliamentary 160 System The Maoist Party 166 Re-Reading Marx on British India 178 The Politics of Liberation 190 Appendix In Conversation with the Journalist K. P. Sethunath 220 Introduction Introduction From the October Revolution to the Nax- albari Movement: Understanding Political Subjectivity Saroj Giri1 The first decade since the October Revolution of 1917 was an extremely fertile period in Russia. So much happened in terms of con- testing approaches and divergent paths to socialism and communism that we are yet to fully appreciate the richness, intensity and complexity of the time. In particular, what is called the Soviet revolutionary avant garde (DzigaVertov, Vladimir Mayakovsky, Alexander Rodchenko, El Lissitzky, Boris Arvatov) was extremely active during the 1920s. -
2. Sarkaria Commission Was Concerned with A
Commission and Committees Questions for CGL Tier 1, SSC 10+2 and CLAT Commission and Committees Quiz 1 Direction: Choose the right answer from the given options. 1. Which of the following recommended reservation for the Other Backward Classes (OBCs)? A. Mandal Commission B. Kothari Commission C. Sachar Commission D. None of these 2. Sarkaria Commission was concerned with A. Administrative Reform B. Electoral Reform C. Financial Reform D. Centre-State relations 3. Which of the following is not a Parliamentary Committee? A. Demands for Grants Committee B. Committee on Public Accounts C. Committee on Public Undertakings D. Committee on Estimates 4. The Sarkaria Commission Report deals with which one the following? A. Corruption in India B. Centre-state relations C. local governance D. Inter-river dispute 5. Assertion (A): The number of the Members of the Union Public Service Commission is preserved in the Constitution of India. Reason (R): The Union Public Service Commission was constituted under the provisions in the Constitution of India. A. Bath A and R are true and R is the correct explanation A B. Both A and R are true, but R is not the correct explanation of A C. A is true, but R is false D. A is false, but R is true 6. Which one of the following is the subject of the Narasimhan Committee Reports of years 1991 and 1998? A. Administrative Reforms B. Banking Reforms C. Constitutional Reforms D. Electoral Reforms 7. Who of the following constitutes a Finance Commission for a State in India? A. The President of India B. -
LOK SABHA ___ SYNOPSIS of DEBATES (Proceedings Other Than Questions & Answers) ___Thursday, August 2, 2018/Shravana 11
LOK SABHA ___ SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______ Thursday, August 2, 2018/Shravana 11, 1940 (Saka) ______ OBITUARY REFERENCE HON’BLE SPEAKER: Hon’ble Members, I have to inform the House about the sad demise of Shri Sydaiah Kota who was a Member of the 11th Lok Sabha representing the Narasaraopet Parliamentary Constituency of Andhra Pradesh. He was a Member of the Committee on Agriculture and Joint Committee on Salaries and Allowances of Members of Parliament. Shri Sydaiah Kota passed away on 10 June, 2018 in Guntur, Andhra Pradesh at the age of 82. We deeply mourn the loss of Shri Sydaiah Kota and I am sure the House would join me in conveying our condolences to the bereaved family. Hon’ble Members, 33 persons are reported to have been killed and several others injured when a bus fell down into a deep gorge in the Raigad district of Maharashtra on 28 July, 2018. The House expresses its profound sorrow on this tragic accident which has brought pain and suffering to the bereaved families and wishes speedy recovery for those injured. The Members then stood in silence for a short while. ________ SUBMISSION BY MEMBER Re: Alleged inept handling of the SC & ST Act by the Union Government in the Supreme Court. THE MINISTER OF HOME AFFAIRS (SHRI RAJNATH SINGH) responding to the issue raised by an hon. Member, said: An hon. Member of the House has raised this issue relating to the SC & ST (Prevention of Atrocities) Act. The whole country is aware that as a result of the Supreme Court’s order it was also being felt that this Act has been diluted. -
Important Committees in India
Important Committees in India Important Committees in India S.No Committee Year Details 1 S.K.Dhar 1948 Linguistic Provinces Commission 2 JVP Committee (Jawaharlal 1948 To consider the recommendations of Dhar Commission. Nehru, Vallahbhai Patel, This committee also rejected the linguistic factor of Pattabhi Sitaramayya) reorganization of the states. 3 Fazl Ali Commission 1953 To visit the whole question of whether the linguistic December basis of separation of states can be considered or not. 4 Swaran Singh Committee 1976 Fundamental Duties 5 L.M Singhvi Committee 1986 To study the problems faced by panchayat raj institutions (1/3rd of SC/ST Reservation) (Collector will be the head of zilla parishid) 6 Ajay Chhibber 2015 Niti Aayog Commission 7 Kaka Kalelkar Commission 1953 January First Backward Classes Commission 29 8 P.V. Rajamanar Committee 1969 Centre-State Relations Inquiry Committee September 2 9 Sarkaria Commission 1983 To examine the central-state relationship 10 M.M.Punchhi Committee 2007 Centre-State Relationship 11 Srikrishna Committee 2010 February Demand for separate statehood for Telangana or keep the 3 State united in the present form, Andhra Pradesh 12 K. Santhanam Committee 1962 anti-corruption 13 B.G.Kher 1955 First official language commission 14 Kapur Committee 1966 Inquiry into the conspiracy to murder Gandhiji 15 Nanavati- 2002 March 6 To probe the Godhra train burning incident of 27 Mehta Commission February 2002. Its mandate was later enlarged to include the investigation of the 2002 Gujarat riots. 16 Balwant -
Weaker Sections of Society and the Constitution: a Socio-Legal Analysis
WEAKER SECTIONS OF SOCIETY AND THE CONSTITUTION: A SOCIO-LEGAL ANALYSIS THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF ©octor of Pjilosopljp IN BY AKHLAQ AHMAD READER DEPARTMENT OF LAW ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2003 **H>C T- 6^7 *,,/ \"v. y :<^ -', ; T620V I CONTENTS AKNOWLEDGEMENT Chapter-1 01-21 INTRODUCTION Chapter-II 22-77 SOCIO-ECONOMIC JUSTICE: GENESIS AND DEVELOPMENT A. AN OVERVIEW B. THE CONCEPT OF JUSTICE - SOCIAL, POLITICAL & ECONOMIC C. SOCIAL COMPARTMENTALIZATION IN INDIA Socio-Religious Permutation i. Lingua-Cultural Permutation ii. Ethno-Racial Permutation D. DEMOCRATIC NORMS AND REALITIES: A CONSTITUTIONAL PRESPECTTVE E. EGALITARIAN NORMS In England i. In U.N. Charter ii. In India Chapter-III 78-112 PRINCIPLES OF EQUALITY: DIMENSIONS AND DEVICES A. AN OVERVIEW B. NOTION OF EQUALITY IN ENGLAND C. NOTION OF EQUALITY IN U.N. CHARTER THESIS D. NOTION OF EQUALITY IN INDIA Chapter-IV 113-159 SOCIO-POLITICAL JUSTICE TO THE WEAKER CLASSES A. AN OVERVIEW B. GENESIS OF THE SOICO-POLITICAL JUSTICE i. Simon Commission: The British Policy ii. The Communal Award: Divide and Rule Policy C. THE DELIMITATION LAW ITS ROLE AND WORKING Election Commission Rules Thereunder i. Rotation of the Reserved Constituencies ii. The Concept of Double Membership Constituency D. THE RESERVATION OF SEATS: AN UNPRECEDENTED STEP Reservation Criteria i. Reservation: Extent and Scope ii. SCs, STs and OBCs: Special Measures Under the Constitution Chapter-V 160-213 SOCIO-ECONOMIC POLICIES AND CONSTITUTIONAL WISDOM OF NON-DISCRIMINATION A. ANOVERVIEW B. RIGHT TO EQUALITY: DIMENSIONS i. Equality Before Law ii. Equal Protection of Laws (a). -
IJESM Volume 3, Issue 4 ISSN
November 2011 IJRSS Volume 1, Issue 2 ISSN: 2249-2496 Existence, Non-Recognition and Denial: The Case of Other Backward Classes Anjaiah S* Abstract If Nehru promised certain safeguards for the backward classes in the Objectives Resolution, the constitution did not contain any rights for them. What is the mandate of the Article 340? Is it to identify the shudras or the left out dalits from the purview of reservation is one of the big conundrums. What should be the criterion to identify is also another dilemma. Should caste alone sufficient? Should class also be utilised is another matter. The Congress and its complete neglect of the backward classes is due to the concept of “coalition of extreme” strategy adopted by it. That is the reason why the Congress has ignored the first backward classes commission and second backward classes commission reports. But with the rise of the BJP and earlier Janata party the backward classes and their numbers have become very important. In the process BJP has made the Congress party to also gain the support of the backward classes. Keywords: Phule Ambedkar Article 340 Kalelkar Mandal Census Reservations Introduction After India got independence the question of sharing of power and representation began. There were various sections demanding for their due share in the pie of power. The makers of the Indian Constitution compensated the grievances of various sections of Indian society like dalits,adivasis and minorities. But if there was one section of society which never got anything from the constitution, it was backward classesi. The social nomenclature of this group is called the Shudras in Indian society.Shudras in Manusmriti were subjected to all kind of handicaps and humiliations and within Hinduism they have been the worst victims of caste system. -
Different Commissions and Their Recommendations 1
Different Commissions and their Recommendations 1. Sarkaria Commission ➢ The agitation for State autonomy led to the creation of the Sarkaria Commission by the Central Government to recommend changes in Centre-State relationship. ➢ The Commission submitted its report in 1988. ➢ The founding fathers of the Indian Constitution were deeply concerned about ensuring the unity and integrity of the country. ➢ They were aware of the forces of disruption and disunity working within the country. ➢ These dangers at the time of independence could be handled only by a strong government at the Centre. ➢ Therefore, the framers of the Constitution assigned a predominant role to the Centre. ➢ At the same time, they made provisions for the establishment of co-operative federalism. ➢ The working of the Indian federation during the last five decades clearly shows that the relations between the Centre and the States have not always been cordial. ➢ The Administrative Reforms Commission and several other Commissions were appointed by the Government of India from time to time to regulate Centre-State relations. ➢ The Union Government appointed the Sarkaria Commission to suggest ways and means improve Centre-State relations. ➢ The clamour for more autonomy led to the constitution of the Sarkaria Commission in 1983 which was asked to examine and review existing arrangements between the Centres and the States in all spheres and recommend appropriate changes and measures. ➢ An extraordinary situation, the need to defeat the emergency regime of Indira Gandhi, brought them together. ➢ With the return of the Congress party under Indira Gandhi’s leadership with a secure majority, the movements for state autonomy slowly receded in the background. -
Constitution of India India’S Fundamental and Supreme Law CONSTITUTION
The Preamble of the Constitution of India India’s fundamental and supreme law CONSTITUTION India is the biggest democracy in the world. Indian Constitution established a parliamentary system of government that is the President of the Union is the Constitutional head of the state. According to the Constitution, India is a Union of States. According to the Constitution, the name of our country is India, that is Bharat First democracy in the world - Greece. þ Longest surviving democracy in the world Brit- ain Home of direct democracy - Switzerland Mother of Parliament - Britain P\-§Ä thm«p sNbvXv P\-t\-Xm-¡sf sXc-sª- Sp¯v `cWw \S-¯p¶ kwhn-[m-\-amWv P\m-[n-]Xyw. Golden Jubilee of In a democracy the real power rests with Indian Parliament (a) the People (b) the President On May 13, 2002, the Indian Parliament celebrated its golden jubilee. The first Lok Sabha election was held in 1951-52. On May 13, 1952 President, Rajendra Systems of Government Prasad had addressed a joint sitting of the Lok Sabha Anarchy : A state of utter disorder or chaos cre- and the Rajya Sabha for the first time. ated by the absence of a government. 13 / 12 / 2001 : The day on which terrorists attacked Autocracy : Absolute government in the hands Indian Parliament. of a single individual. Bureaucracy: The form of government by officials. (c) the Parliament (d) the Supreme Court Democracy : A government of the people, by the people, for the people. Ans: (a) the people Gynarchy : Government by a woman or a set of The Indian constitution is founded on a nice women. -
August 2019 Monthly Magazine Answer Key
August 2019 Monthly Magazine Answer Key 1. Consider the following statements: 1. CAG can be removed by the President in the manner, same as removal of a Supreme Court Judge. 2. CAG is eligible to hold any office, under the Government of India or of any state, once he retires/ resigns as a CAG. Which of the given statement/s is/are correct? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 Answer: a Explanation: There are several provisions in the Constitution for safeguarding the independence of CAG. • CAG is appointed by the President by warrant under his hand and seal and provided with tenure of 6 years or 65 years of age, whichever is earlier. • CAG can be removed by the President only in accordance with the procedure mentioned in the Constitution that is the manner same as removal of a Supreme Court Judge. • CAG is ineligible to hold any office, either under the Government of India or of any state, once he retires/ resigns as a CAG. • The administrative expenses of the office of CAG, including all salaries, allowances and pensions are charged upon the Consolidated Fund of India that is not subject to vote. 2. As per the recent Tiger Census report, which of the following states has the highest number of tigers? a. West Bengal b. Karnataka c. Uttarakhand d. Madhya Pradesh Answer: d Explanation: As per the fourth tiger census report, Status of Tigers in India: • Madhya Pradesh saw the highest number of tigers at 526. • Karnataka came second with 524 tigers, followed by Uttarakhand with 442 tigers. -
Current Affaires September 2013. Useful for IBPS CWE PO 2013 and IBPS CWE Clerk 2013 Exams
Current Affaires September 2013. Useful for IBPS CWE PO 2013 and IBPS CWE Clerk 2013 exams: The first Britisher to perform a space walk, who retired from NASA in the second week of August 2013- Colin Michael Foale Name of the largest blast furnace of India which was operationalised by SAIL on 10 August 2013- Durga Female tennis player to win The Rogers Cup 2013 and capture her 54th WTA singles title- Serena Williams Technology used by the researchers to find that autism affected the brains of males and females in a different way- Magnetic Resonance Imaging (MRI) Name the captain of the 18-member hockey squad of India in the Asia Cup hockey tournament 2013- Sardar Singh Date on which International Lefthanders Day is celebrated across the world- 13 August Name of the First Twitter Hotel opened in Spain by the Melia brand of hotels-Social Wave House Name of the oldest Penguin who on 12 August 2013 turned 36 years old- King Penguin Missy Body which proposed first season of the Indian Badminton League (IBL)-Badminton Association of India (BAI) Name of the host country of 7th Asian Junior Wushu Championships- Philippines Name the fossil of the oldest known ancestor of modern rats recently unearthed in China- Rugosodon eurasiaticus Name of one of the most endangered bird species of the world that made a comeback in the US- Puerto Rican parrot Place at which The Travel & Tourism Fair (TTF) 2013, the biggest travel trade show of India started- Ahmadabad, Gujarat The former Prime Minister of Nepal who died on 15 August 2013 after battling with lung cancer- Marich Man Singh Shrestha Name the person who was termed as the Beast of Ukraine. -
The Relevance of Caste in Contemporary India: Reexamining the Affirmative Action Debate Shambhavi Sahai
Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2018 The Relevance of Caste in Contemporary India: Reexamining the Affirmative Action Debate Shambhavi Sahai Shambhavi Sahai CMC Recommended Citation Sahai, Shambhavi and Sahai, Shambhavi, "The Relevance of Caste in Contemporary India: Reexamining the Affirmative Action Debate" (2018). CMC Senior Theses. 1854. http://scholarship.claremont.edu/cmc_theses/1854 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. Claremont McKenna College The Relevance of Caste in Contemporary India: Reexamining the Affirmative Action Debate SUBMITTED TO Professor William Ascher Shambhavi Sahai for Senior Thesis Spring 2018 April 23, 2018 Table of Contents Acknowledgements……………………………………………………………………....1 Chapter 1: Introduction………………………………………………………………………………3 Chapter 2: Identity and State Building in Post-independence India…..……………10 I. Definitions...……………………………………………..……………………....11 II. OBC: Category or Identity?.......................................................................15 III. Reconciling Primordialism and Constructivism……………………..……..26 Chapter 3: The North-South Comparison………………...…………………………..28 I. Sanskritization……...……………………………………………………………29 II. Ethnicization……………………………………..……………………………...34 III. Enabling circumstances………………………………………………….…….36 IV. Distinctions…………………………………………………..………………….43