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“Law Notes Available here English & Hindi.
Contact @Avanishbly”
凭借高频更新(最新数据采集于 10 七月, 2026),频道始终保持新鲜度与高覆盖。分析显示受众积极互动,使其成为 教育 类别中的关键影响点。
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Repost from Indian Judiciary Preparation PCS J
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Repost from UPSC Prelims Notes MCQs Quiz
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Repost from UPSC Prelims Notes MCQs Quiz
Question: Under the Indian Constitution, concentration of wealth violates , UPSC 2022
Repost from UPSC Prelims Notes MCQs Quiz
Q: What is the position of the Right to Property in India
Doctrine of Eclipse
The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid.
It is not dead totally but overshadowed by the fundamental right.
The inconsistency (conflict) can be removed by constitutional amendment to relevant fundamental right so that eclipse vanishes and the entire law becomes valid.
Explanation
When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it.
The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional.
Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.
Repost from Indian Judiciary Preparation PCS J
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Repost from MP Judiciary Preparation
Model answer key MP HJS-2021 24.07.2022
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ATTORNEY-GENERAL
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
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Repost from UPSC Prelims Notes MCQs Quiz
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Repost from JUDICIARY INTERVIEW
What is the difference between the Magistrate and the Judge?
- A judge can be described as an arbitrator, i.e. the person who decides on a matter in the court.
On the contrary, a magistrate is a regional judicial officer who is elected by the judges of the high court of the state to maintain law and order in a particular area or region.
- A magistrate makes decisions on small or minor matters. In fact, the Magistrate gives initial decisions in criminal cases. He is known to have powers more of an administrator.
On the contrary, the judge makes decisions in serious and complex cases, in which knowledge of the law and the ability to make personal decision is very essential.
- Magistrate has limited jurisdiction over a judge.
- Judicial Magistrate and Chief Judicial Magistrate are appointed by the High Court while the Governor appoints the District Magistrate.
On the contrary, the President appoints the judge of the Supreme Court while the High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the State.
- Contrary to a judge, a magistrate only has limited law enforcement and administrative powers.
- The judge is always an official with a law degree.
But the magistrate does not require a law degree in every country. That is, the magistrate may or may not have a legal degree, but it is mandatory for the appointment of a judge to be a legal degree, as well as practicing advocacy in a court.
- Magistrate has the power to impose fines and imprisonment for a specific period. But judges have the right to pass sentence of death or life imprisonment.
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