Constitutional Bodies
Constitutional bodies are institutions established by the constitution of a country to perform specific functions. They are essential for the proper functioning of a democratic government, ensuring checks and balances, and upholding the rule of law.
Examples include the legislature, executive, judiciary, election commission, comptroller and auditor general, and human rights commissions. These bodies play a vital role in maintaining the integrity of the constitutional framework.
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Assess the structure, powers, and functions of the National Human Rights Commission of India. Analyze the Commission's role in investigating human rights violations, providing remedies to the aggrieved, and promoting a culture of respect for fundamental rights.
The National Human Rights Commission (NHRC) of India, established in 1993 under the Protection of Human Rights Act, comprises a Chairperson (typically a retired Chief Justice of India), members with judicial and human rights expertise, and ex-officio members from various national commissions. The NHRead more
The National Human Rights Commission (NHRC) of India, established in 1993 under the Protection of Human Rights Act, comprises a Chairperson (typically a retired Chief Justice of India), members with judicial and human rights expertise, and ex-officio members from various national commissions.
The NHRC has the authority to investigate human rights violations suo motu or based on petitions. It can summon individuals, request documents, and inspect state institutions like jails to ensure human rights compliance. The NHRC also conducts inquiries and recommends actions to governmental authorities.
Its functions include inquiring into complaints of human rights violations, intervening in court proceedings involving human rights abuses, reviewing constitutional and legal safeguards, and studying international human rights treaties. It also promotes research and awareness on human rights issues.
The NHRC acts as a watchdog, investigating human rights violations and providing remedies through recommendations for prosecution, compensation, and systemic reforms. It fosters a culture of respect for fundamental rights through public education campaigns and collaborations with civil society organizations. Despite its efforts, challenges such as limited enforcement powers and bureaucratic constraints affect the NHRC’s effectiveness in ensuring comprehensive human rights protection.
See lessdifference between Indian constitution and USA constitution
The Indian Constitution and the U.S. Constitution are foundational documents for their respective countries, but they differ in several key ways: Length and Detail: The Indian Constitution is one of the longest in the world, containing 448 articles and numerous amendments, detailing various aspectsRead more
The Indian Constitution and the U.S. Constitution are foundational documents for their respective countries, but they differ in several key ways:
These differences reflect the unique historical, cultural, and political contexts of India and the United States.
See lessEffects of Political and social changes of the 20th century on mental health.
The 20th century saw significant political and social changes that had profound effects on mental health treatment: Deinstitutionalization: Beginning in the mid-20th century, there was a movement to close large psychiatric hospitals and shift towards community-based mental health care. This was partRead more
The 20th century saw significant political and social changes that had profound effects on mental health treatment:
Deinstitutionalization: Beginning in the mid-20th century, there was a movement to close large psychiatric hospitals and shift towards community-based mental health care. This was partly in response to concerns about the conditions in asylums and the desire to integrate people with mental illnesses back into society. While this had positive implications for patient rights and autonomy, it also led to challenges in providing adequate community-based support.
Advancements in Psychiatry: The 20th century saw major advancements in understanding mental illnesses, particularly with the development of psychotropic medications such as antidepressants, antipsychotics, and mood stabilizers. This pharmacological revolution transformed the treatment landscape, making it possible to manage symptoms more effectively and allowing many patients to live more functional lives.
Civil Rights Movements: The civil rights movements of the 20th century, including the African-American Civil Rights Movement, the women’s rights movement, and the disability rights movement, had implications for mental health treatment. They highlighted disparities in access to care and treatment outcomes among different populations, leading to increased advocacy for equitable mental health services.
Global Conflicts and Trauma: Wars and conflicts throughout the 20th century, such as World War I, World War II, and the Vietnam War, highlighted the psychological toll of trauma. These experiences influenced the development of trauma-focused therapies and interventions aimed at addressing post-traumatic stress disorder (PTSD) and other trauma-related conditions.
Stigma Reduction: Throughout the 20th century, there was a gradual reduction in the stigma associated with mental illness. Increased awareness, education, and advocacy efforts contributed to greater acceptance and understanding of mental health issues. This shift helped encourage more individuals to seek treatment without fear of social ostracism.
Policy and Legislation: Governments around the world began to enact policies and legislation aimed at protecting the rights of people with mental illnesses, ensuring access to treatment, and promoting community integration. Examples include the Community Mental Health Act in the United States and similar reforms in other countries.
Overall, the political and social changes of the 20th century reshaped mental health treatment by promoting deinstitutionalization, advancing psychiatric care and medications, advocating for patient rights, addressing trauma, reducing stigma, and implementing supportive policies. These changes have had lasting impacts on how mental health care is provided and perceived globally.
See lessWhat are your thoughts about the reservation system in India?
The reservation system in India is a form of affirmative action designed to improve the educational and employment opportunities for historically disadvantaged groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). While the system has helped many individualsRead more
The reservation system in India is a form of affirmative action designed to improve the educational and employment opportunities for historically disadvantaged groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). While the system has helped many individuals from marginalized communities gain access to education and jobs, it has also sparked debates. Some argue that it is essential for social equity and upliftment, while others believe it may compromise merit and efficiency. Additionally, there are discussions about whether economic criteria should also be considered for reservations.
The fairness of the reservation system in India is a topic of significant debate. Here some key points from both perspective:
Argument for the reservation system:
Argument against the reservation system:
My concerns are that the deserving aspirants who sacrifice their every privilege to give all they have for their dream profession faces rejections because of the reservation system, this is an extreme loophole we must say. Although The introduction of reservations for Economically Weaker Sections (EWS) in 2019 aimed to address some of these concerns by including economic criteria.
See lessWhat are the main features of Presidential and Parliamentary form of government with suitable examples.
Presidential Form of Government Features: - Separation of Powers: The executive and legislative branches are distinct and independent. - Fixed Terms:The president serves for a fixed term and cannot be easily removed by the legislature. - Direct Election: The president is often elected directly by thRead more
Presidential Form of Government
Features:
– Separation of Powers: The executive and legislative branches are distinct and independent.
– Fixed Terms:The president serves for a fixed term and cannot be easily removed by the legislature.
– Direct Election: The president is often elected directly by the people.
– Single Executive: The president is both the head of state and government.
Example:
– United States: The president is elected every four years independently of the Congress, ensuring a clear separation of powers.
Parliamentary Form of Government
Features:
– Fusion of Powers: The executive is derived from the legislative branch.
– Flexible Terms: The prime minister can be dismissed by a vote of no confidence from the parliament.
– Indirect Election:The prime minister is usually the leader of the majority party in the parliament.
– Dual Executive:The head of state (monarch or president) is different from the head of government (prime minister).
Example:
– United Kingdom: The prime minister is the leader of the majority party in the House of Commons and can be removed by a vote of no confidence, highlighting the interdependence of the executive and legislature.
These systems reflect different approaches to governance, with the presidential form emphasizing separation and stability, while the parliamentary form prioritizes integration and flexibility.
See lesswhy do you think india is still a developing country??
There are several reasons why India is still considered a developing country by various international organizations, despite its rapid economic growth and significant strides in various sectors. Here are some possible reasons: Economic indicators: While India's GDP has grown rapidly, it still lags bRead more
There are several reasons why India is still considered a developing country by various international organizations, despite its rapid economic growth and significant strides in various sectors. Here are some possible reasons:
- Economic indicators: While India’s GDP has grown rapidly, it still lags behind many developed countries in terms of per capita GDP, which is a key indicator of economic development. According to the World Bank, India’s GDP per capita was around $2,100 in 2020, which is lower than many developed countries.
- Income inequality: India has a significant income inequality problem, with a large portion of the population living below the poverty line (around 22% of the population). This means that while some individuals and groups are doing well, many others are not sharing in the benefits of growth.
- Human development indicators: India’s human development indices, such as life expectancy, infant mortality rates, and education levels, are still below those of many developed countries. According to the UNDP’s Human Development Index (HDI), India ranked 130th out of 189 countries in 2020.
- Infrastructure and public services: India’s infrastructure, such as roads, transportation networks, and public services like healthcare and education, still have significant gaps and weaknesses. This can hinder economic growth and make it difficult for people to access basic services.
- Corruption and governance: Corruption remains a significant challenge in India, with high levels of bribery and corruption affecting various sectors, including business, politics, and administration. Good governance is essential for effective economic development.
- Regional disparities: India is a large and diverse country with significant regional disparities in terms of economic development, infrastructure, and access to opportunities. Some regions, such as the southern states of Kerala and Tamil Nadu, are more developed than others.
- Global context: The global economy is constantly evolving, and India’s growth may be influenced by factors outside its control, such as global trade policies, climate change, and technological disruptions.
- Institutional constraints: India’s institutional framework, including its bureaucracy and regulatory environment, can sometimes be slow to adapt to changing circumstances or hinder innovation and entrepreneurship.
- Skills gap: While India has a large workforce, there is a shortage of skilled workers in certain areas, such as technology and specialized industries.
- Socio-cultural factors: India’s socio-cultural context can also influence its development trajectory. For example, social norms around gender roles, education, and family planning can impact economic outcomes.
See lessProvide an account of the role of UPSC. Also, enumerate the Constitutional provisions to safeguard and ensure the independence and impartial functioning of the UPSC.
Answer: UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the 'watch-dog of merit system' in India and in this regard, it has the following roles: It conducts examinations foRead more
Answer:
UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the ‘watch-dog of merit system’ in India and in this regard, it has the following roles:
However, some experts argue that UPSC has certain limitations:
Considering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:
- Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
- Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
- Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
- Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
- Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Gol or a state.
- Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non- acceptance of the Commission’s recommendations would also be laid down before the two Houses by the President.
See lessWhat are tribunals? How is Article 323A different from Article 323B of the Indian Constitution?
Answer: Tribunals are judicial or quasi-judicial institutions established by law. They intend to reduce the caseload of the judiciary with faster adjudication. Also they bring in subject expertise for technical matters. They were originally not part of the Indian Constitution. In 1976, Articles 323ARead more
Answer:
Tribunals are judicial or quasi-judicial institutions established by law. They intend to reduce the caseload of the judiciary with faster adjudication. Also they bring in subject expertise for technical matters. They were originally not part of the Indian Constitution. In 1976, Articles 323A and 323B (42nd Amendment) empowered Parliament and State legislature to constitute tribunals.
The Administrative Tribunals Act, 1985 authorises the central government to establish one Central Administrative Tribunal and the State Administrative Tribunal. The Act also makes a provision for setting up of Joint Administrative Tribunals for two or more states.
Differences between Article 323A and 323B of the Indian Constitution
Originally, appeals against the orders of these tribunals could be made only in the Supreme Court and not in the High Courts. However, in Chandra Kumar Case 1997, the Supreme Court declared those provisions of these two articles which excluded the jurisdiction of high court and the Supreme Court as unconstitutional. Hence, the judicial remedies are now available against the orders of these tribunals. The tribunal system has developed as a parallel to the traditional court system over the last eighty years. The Income Tax Appellate Tribunal was created in 1941 to reduce pendency of cases in courts. After the insertion of Articles 323A and 323B, several tribunals such as the Central Administrative Tribunal as well as sector specific tribunals were set up from the 1980s to 2010s. The Finance Act, 2017 consolidated several tribunals.
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