Disqualification of MP's and MLA's on the ground of holding office of profit is a controversial topic of nation-wide debate. It began with the disqualification of Samajwadi Party MP Jaya Bachchan from Rajya Sabha on March 17, 2006 with retrospective effect from July 14, 2004.There are separate provisions of disqualification for the Members of Parliament and MLAs. Our constitution clearly mentions that the Parliament has the power to make a law in respect to the issue of qualification and disqualification of the membership in case:
(i) He holds any office of profit under the Government of India or of any state, other than an office declared by a law of Parliament not to disqualify its holder.
(ii) He is of unsound mind and stand so declared by a competent court.
(iii) He is an undischarged insolvent.
(iv) He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement or allegiance or adherence to a foreign state, and
(v) It is he so disqualified by or under any law of Parliament. It applies to the case of 'defection' as prescribed in tenth schedule.
The Commission performs the following functions, namely:Inquire, Suo motu or on apetition presented to it by a victim or any person on his behalf, into complaint of
a) violation of human rights ?this is extremely obvious
b) negligence in the prevention of such violation, by a public servant.
c) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
d) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations.
e) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
f) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
g) study treaties and other international instruments on human rights and make recommendations for their effective implementation.
h) undertake and promote research in the field of human rights.
i) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
j) encourage the efforts of non-governmental organisations and institutions working in the field of human rights.
Trinamool Congress became the 7th political party to be recognized as a National Party in September 2016.
Conditions for Recognition as a National Party
1. Secure at least 6% of the valid vote in an Assembly or a Lok Sabha General Election in any four or more states and won at least 4 seats in a Lok Sabha General Election from any State or States.
2. Win at least 2% of the total Lok Sabha seats in a Lok Sabha General Election and these seats have to be won from at least 3 states.
3. The party is recognized as a State Party in at least four states.
The 35th constitutional Amendment Act (1975):Terms and Conditions for the Incorporation of Sikkim into the Union of India.
The 37th constitutional Amendment Act (1975):Formation of Arunachal Pradesh legislative assembly.
The 38th constitutional Amendment Act(1975):Enhances the powers of President and Governors to pass ordinances.
The 36th constitutional Amendment Act (1975):Formation of Sikkim as a State within the Indian Union.
There shall be a Council of Ministers consisting of not more than ten per cent (a special provision for Delhi as against the 15 percent clause under 91st Amendment Act)of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws.
The International Bill of Human Rights has been further supplemented by various other international treaties, conventions and declarations. They are usually regarded as ?human rights instruments?. The important among them are as follows....
?Convention on the Elimination of All Forms of Discrimination Against Women (1979)
?Declaration on the Right to Development (1986)
?Convention on the Rights of Persons with Disabilities (2006).
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