WRITS Under Article 32

Literal Meaning

  • Habeas Corpus – to have the body of
  • Mandamus – command/order to do the duty to public official
  • Prohibition – to forbid higher court to lower court – prevent from exceeding the jurisdiction (in between the trial)
  • Certiorari – to be certified – superior court to inferior court to squash the order or transfer the case (at the end of the trial)
  • Quo Warranto – By what warrant – Authority or claim of a person to office

 

Writs – Constitutional Meaning

  • Habeas Corpus 
    • Have the body of
    • Produce the detainee
  • Mandamus 
    • Command
    • Against public authority
    • To have him do duty
  • Prohibition
    • Forbid
    • HC to lower court
    • To stop trail
    • Against judicial and quasi judicial
    • preventive
  • Certiorari
    • Certified
    • HC to lower
    • Transfer or squash judgment
    • Preventive and curative
    • Judicial + quasi judicial + administrative
  • Quo Warranto 
    • Authority or warrant
    • Against state – public authority
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National Investment and Infrastructure Fund (NIIF)

National Investment and Infrastructure Fund

  • It is a sovereign wealth fund created by the Government of India for enhancing infrastructure financing in the country.
  • NIIF was proposed to be set up as a Trust, to raise debt to invest in the equity of infrastructure finance companies such as Indian Rail Finance Corporation (IRFC) and National Housing Bank (NHB). The idea is that these infrastructure finance companies can then leverage this extra equity, manifold.
  • Its creation was announced in the Union Budget 2015-16.
  • NIIF got registered with SEBI as Category II Alternative Investment Fund (AIF) on December 28, 2015.

Operational Aspects

  • The government has set up this Rs. 40000 crore fund to provide long term capital for infrastructure projects.
  • Government can provide upto 20000 crore per annum into these funds.
  • Government’s contribution/share in the corpus will be 49% in each entity set up as an alternate Investment Fund (AIF) and will neither be increased beyond, nor allowed to fall below, 49%.
  • The whole of 49% would be contributed by Government directly.
  • Rest is open for contribution from others.
  • The contribution of Government of India to NIIF would enable it to be seen virtually as a sovereign fund and is expected to attract overseas sovereign/ quasi-sovereign/multilateral/bilateral investors to co-invest in it.

Exclusive Economic Zone

Introduction

India has a 7,517-km coastline, which is dotted with 12 major ports and 187 minor or intermediate ports. India’s territorial waters end at 12 nautical miles while exclusive economic zone stretches to 200 nautical miles from the coast.

EEZ: Exclusive Economic Zone

An Exclusive Economic Zone (EEZ) is a concept adopted at the Third United Nations Conference on the Law of the Sea (1982), whereby a coastal State assumes jurisdiction over the exploration and exploitation of marine resources in its adjacent section of the continental shelf, taken to be a band extending 200 miles from the shore.

  • The EEZ includes the contiguous zone. Countries also have rights to the seabed of what is called the continental shelf up to 350 nautical miles from the coastal baseline, beyond the EEZ. But such areas are not part of their EEZ.
  • The legal definition of the continental shelf does not directly correspond to the geological meaning of the term, as it also includes the continental rise and slope, and the entire seabed within the exclusive economic zone.

Types of Money

  • Fiat money is a currency established as money by government regulation or law. It differs from commodity money and representative money.
  • Demonetised currency are not fiat money as they are not legal tender
  • Commodity money is created from a good, often a precious metal such as gold or silver, which has uses other than as a medium of exchange,
  • while representative money simply represents a claim on such a good.
  • Fiat Money don’t have intrinsic value and are also called legal tenders as they cannot be refused by any citizen of the country for settlement of any kind of transactions.
  • Cheques can be refused by anyone as a mode of payment. Hence they are not legal tenders/fiat money

Veblen goods

  • A good for which demand increases when its price increases, and vice versa.
  • Luxury goods like diamonds, whose appeal depends on their exorbitant price, are an example. It is named after American economist Thorstein Veblen.
  • Veblen goods are considered exceptions to the law of demand, which states that the demand for a good must decrease as its price increases, and vice versa.
  • Some economists disagree, saying that the law applies only to goods that are truly identical.
  • Cheap diamonds, for instance, may be an inferior good in the eyes of the consumer when compared to expensive diamonds; hence they are not truly comparable.

​Why India faces huge corruption?

​Why India faces huge corruption?

• Colonial Legacy of unchallenged authority and abritary use of power

• Asymmetry of power. Reduces societal pressure to conform to ethical behavior 

• Conscious choice of our economic policies which put citizen at the mercy of state – Monopoly – Corruption. 

• Over Centralization – Power is exercised more remotely – increasing the distance between authority and accountability. 

• Lack of Empowerment of citizens to hold those in authority. 

• Enforcement of rule of law, to ensure compliance. 

• Quality of Politics. If politics attracts and rewards men of integrity and honesty then corruption would be reduced, rather if if becomes a spot of attraction for undesirable and corrupt elements then Corruption become a norm. 

Law Commission of India

Law Commission of India

• The first Law Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters. 

• After independence,  though the Constitution stipulated the continuation of pre-Constitution Laws (Article 372) till they are amended or repealed, there had been demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updating of the inherited laws to serve the changing needs of the country. 

• The Government of India reacted favourably and established the First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman. Since then twenty one more Law Commissions have been appointed, each with a three-year term and with different terms of reference. 

• The Law Commission of India is a non-statutory body constituted by the Government of lndia from time to time. 

• The Commission was originally constituted in 1955 and is re-constituted every three years and works as an advisory body to the Ministry of Law and Justice. 

• The Union Cabinet, has given its approval on the Constitution of the 21st Law Commission of India, for a period of three years w.e.f. 1st September. 2015 to 31st August, 2018. 

• The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. 

• It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc. The various Law Commissions have been able to make important contribution towards the progressive development and codification of laws of the country.