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Repost from Indian Judiciary Preparation PCS J
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Repost from Indian Judiciary Preparation PCS J
42nd Amendment Act of 1976 added four new Directive Principles to the original list. Those DPSPs are:
1⃣ Article 39 - To secure opportunities for healthy development of children.
2⃣ Article 39A - To promote equal justice and to provide free legal aid to the poor.
3⃣ Article 43A - To take steps to secure the participation of workers in the management of industries
4⃣ Article 48A - To protect and improve the environment and to safeguard forests and wild life.
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Repost from Indian Judiciary Preparation PCS J
SPECIAL LEAVE PETITION :
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
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Repost from Indian Judiciary Preparation PCS J
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Repost from Indian Judiciary Preparation PCS J
Difference between Article 32 and Article 226 of the Indian Constitution:
1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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Repost from UPSC Prelims 2024 MCQs Quiz
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Repost from UPSC Prelims 2024 MCQs Quiz
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Repost from Indian Judiciary Preparation PCS J
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