COMMON INTENTION - A SIMPLE OVERVIEW

* Section 34 to 38 are interwoven and elucidate the principles which govern the joint liability.

*Section 34 explains about the joint liability including common intention.

*Section 34 reads as " When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention"

* Section 34 discourages group criminals.

* Section 34 is mainly intended to meet where it is difficult to distinguish between the acts of the individual members of the party who act in furtherance of common intention of all or prove what part was taken by each of them in committing the offence.

*For common intention of the accused persons their active participation must be proved .

*Overt act however small is the prerequisite of section 34

*To attract the provisions of section 34 it requires that the act must have been a prearranged plan, and prior meeting of mind must have taken place.

* In furtherance to common intention of all implies the recognition of preliminary acts or the necessary acts which are essential to the commission of offence.

* Section 34 does not form a distinct offence.

*Section 34 is a rule of evidence as it is inferred from facts and circumstances.

* The question of compounding does not come into question as section 34 does not create a distinct offence.

Maitreyi

A SHORT NOTE ON ABETMENT

1) Abetment in literal sense means to urge,goad or instigate a person. Abetment is usually referred in a negative sense and usually connotes crime.

2) Section 107 of the Indian Penal Code states that abetment could be done through either of the following ways:

=> Instigation 107(1)

=> Conspiracy 107(2)
=> Intentionally aiding 107(3)

3) Abetment is placed under the category of Inchoate crimes.
4) The person who commits the crime is known as the principal offender or the perpetrator.

5) Discharge of the perpetrator does not discharge the criminal liability of the abettor.

6) The offence of abetment is complete as soon as the abettor instigated, aided, assisted the offender to commit the offence.

7) It is not mandatory that the offence of abetment be complete by an overt act.

8) Mere advice does not constitute the offence of abetment. The advice must have sufficiently supported or stimulated the offender.

9) Instigation could also be through letters. The offence of abetment is complete as soon as the letter comes to the knowledge of addressee.

10) If it does not reach the addressee then the abettor is considered to have attempted to abet.

11) Section 120 A of the Indian Penal code provisions the definition of conspiracy. Under section 120 A a mere agreement is enough for an offence however U/S 107 (2) a mere agreement and combination of people is not sufficient an illegal act or omission must take place.

12) In order to charge abetment by conspiracy the prosecution has to prove the following
=> That there were more than 2 person who have conspired
=> That they did an act/ omission in fulfillment of conspiracy.

13) Abetment by aiding could be facilitated in the following three ways :
=> Intentionally aiding
=> by illegal omission
=> by facilitating the commission of offence.

14) What is facilitating ?
Facilitation is providing facility for the commission of the intended offence, which is of atmost necessity for the commission of offence.

15) The explanation appended to section 108 are meant to eliminate any possibility of misrepresentation with respect to the offence of abetment.

16) Abetment of illegal omission is an offence(Explanation 1)

17) Abetted act need not be committed(Explanation 2)

18) Principal offender need not have the same guilty intention as the abettor(Explanation 3)

19) Abetment is an offence but abetment of an abetment is also an offence.(Explanation 4)

20) It is not necessary that the abettor concerts in the conspiracy it is sufficient if he engages in conspiracy(Explanation 5)

Maitreyi

THE WRIT OF CERTIORARI

(Pronounced as Sir-chee-oh-Rah-ree)

1. Certiorari is a Latin term which means “to Certify”.
2. The writ of certiorari is issued both in Civil as well the Criminal proceedings.
3. The writ of certiorari is a judicial order issued by the Supreme Court under Article 32 and the High Court under Article 226.
4. This writ is issued to inferior courts, and authorities exercising judicial and quasi judicial functions.
5. The writ of certiorari has expanded its horizon and nowadays issued for administrative actions also. In A.K Kraipak v Union of India this writ was issued to quash the administrative actions of the selection board.
6. This writ can be issued to a person, or statutory or non statutory bodies, which act in judicial, quasi judicial or administrative capacity which affect the rights of a person.
7. The writ of certiorari is corrective in nature unlike prohibition which is preventative in nature.
8. Lord Atkin in R v Electricity commissioners observed the following conditions that need to be fulfilled for a writ of certiorari
a) A body of persons;
b) Having legal authority;
c) to determine the rights of the subjects;
d) Having the duty to act judicially;
e) Acts in excess of authority
9. The writ of certiorari can be issued under the following conditions :-
a) When the Judicial or the quasi judicial authority has acted in excess jurisdiction, failed to exercise the jurisdiction vested to it by law, or has acted without jurisdiction.
b) When the authority is said to have abused its power.
c) When the authority assumes it jurisdiction by issuing an order without valuing the” jurisdictional “or the “Collateral” facts which are the condition precedent to be determined.
d) When the error of law is apparent on the face of the record and the authority issues an order which is apparently erroneous and embarrasses the system.
e) Violates the principle of natural justice. By granting orders based on personal bias, pecuniary bias, departmental bias, policy bias or evading the rule of audi alterem partem.
10. The writ of certiorari always acts in a supervisory capacity and not in an appellate capacity.

Maitreyi

LAW OF SEDITION IN INDIA

In this article i will dissect the contents of the section 124-A and create a question answer format to help you comprehend the section and also the law better. So, why wait, let’s begin the drill.

Section 124A lays down the provision with respect to Sedition. It states as:

"Whoever by words either spoken or written, or by signs, or visible representation, or otherwise brings or attempts to bring any hatred or contempt, excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added or both"

What is Sedition in simple terms?

Sedition very simply could be explained as defamation of the state.

In which ways disaffection against the Government is instigated?

Hatred, contempt, ill will, feeling of enmity and disaffection towards the government could be instigated by the following ways

=>Words either (spoken or written),
=> Signs,and
=>Visible representations

These could be in the form of poetry, drama, songs, discourses, etc., and visible representation denotes the form of communication which is visible to the eyes. However, all of these must be published. Under the law of Sedition the word publication altogether connotes a different meaning. Publication under section 124A denotes communication of matters to others.

What is meant by disaffection?

Disaffection is the opposite of affection. The act of igniting disaffection means instigating the feelings of hatred, ill will, contempt, disloyalty and bad feelings towards the Government established by law. Explanation I provides that the expression “disaffection’ includes DISLOYALTY and all the feelings of ENMITY.

What is the meaning of Government established by Law?

Government established by law includes both the Central Government and State Government.

What does attempt imply here?

Attempt under section 124A of IPC denotes bringing or attempting to bring hatred or contempt towards the Government established by law in India. It is immaterial whether such attempt concludes into a successful venture or not. However, the success or failure of such attempts is taken into account while calculating the quantum of punishment.

When can the provisions of this section be invoked?

The provisions of this section do not prohibit anyone from discussing political matters and the political conditions currently existing in the country. This section comes into play when it crosses the threshold limit and leads to a conducive environment to bring disaffection and hatred towards the Government irrespective of it invoking any disruption in the public order or not. In Balwant Singh v State of Punjab the Hon’ble Supreme court had ruled that casual slogans once or twice raised by two individuals, cannot be said to be aimed at exciting or attempting to execute hatred or disaffection towards the Government established by law. The court also reprimanded the police for “reading too much” into the slogans which showed their lack of maturity and sensitivity in arresting the two Government servants.

Is Section 124A in contravention to Article 19(1) (a)[ freedom of speech and expression] as enshrined in the Indian Constitution?

The answer is NO. This section is enshrined on the account of reasonable restriction as provided under Article 19(2) with respect to maintaining public order. Words which incite violence or have tendency to create public disorder or is likely to create public disorder or provide reasonable apprehension thereof need to be condemned .

Hope this helps:)

Maitreyi

VERY IMPORTANT POINTS ABOUT DEFAMATION

1. Defamation is both a Civil and a Criminal Wrong.
2. Chapter XXI of The Indian Penal Code deals with defamation.
3. In the Indian Penal Code defamation is defined u/s 499 and the punishment is mentioned u/s 500.
4. In India defamation could be by words spoken or written unlike English law where words spoken do not amount to the offence of defamation
5. Imputation could be by words spoken or intended to be read, signs and visible representations.
6. The imputation must be made or published against a person or persons concerned.
7. The imputation must be made with an intention or knowledge or belief that the imputation is likely to harm the reputation of the other person.
8. An imputation is said to be made by composing, dictating, writing or contributing in any other way.
9. An imputation is said to be published when it comes to the knowledge of the third person.
10. When the publication is written or in permanent form it is known as Libel
11. Publication of words spoken or the gestures made is slander.
12. Publication is an essential ingredient of defamation.
13. Character of a person denotes what that person “actually is” and reputation denotes “others opinion” about a person.
14. Defamation is always concerned with reputation.
15. Imputation could be made against a single person, a firm, an association or a body of individuals.
16. Words of common use such a Idiot, scoundrel, lafanga,nalayak badmash which do not convey a definite imputation are not defamatory.
17. Indirect imputations are also known as innuendo.
18. Privileged communication between Husband and Wife, lawyer and is client etc., are not publication therefore do not come under the ambit of defamation.
19. When a defamatory statement is published not only is the writer liable but also the editor, publisher, and distributor liable under section 500 of the Indian Penal Code. Therefore, they cannot seek the protection as to their unawareness of the contents being defamatory in nature.
20. There are 10 exceptions provided under section 499 of the Indian Penal code which could be used as a defence.
21. Defamation is punishable with an imprisonment with can extend upto a term of 2 years or with fine or both.
22. It is to be noted that defamation is punishable only with simple imprisonment.
23. The quantum of punishment is decided as per the facts and circumstances of the case and the extent to which the imputation adversely affected the complainant.
24. Section 501 makes a distinct offence. It makes abetment of defamation a distinct and a separate offence and a person printing or engraving defamatory matter is liable to be punished under this section.
25. Section 502 is supplemental to section 501 which make sale of printed or engraved defamatory content punishable.

I hope this write up helps you all in making notes for the exam and also quote a few important points in Mains to get better marks.

Maitreyi Raghuraman

OPINION OF THIRD PERSON WHEN RELEVAN

As per general rule the opinions of the third person are irrelevant and therefore inadmissible. In certain cases when the court is unable to form correct opinion because of the requirement of specialized knowledge or lack of experience in ascertaining the same then in these cases the opinion of the expert is admitted to enable the court to decide the case.

Section 45 to 50 of the Indian Evidence Act deals with the provisions as to when the opinion of the third person shall be relevant.

As per section 45 if the court has to form an opinion as to any foreign law, science, art ,the identity of handwriting or finger impression then opinion on the point by the person specially skilled shall be relevant.It is very crucial to be considered here that the opinions of the experts exhibit weaker form of evidences and sole reliance on the same is apprehended as it is subject to prejudice, incompetence and corruption.Therefore, it should not be acted upon unless substantially corroborated.As there exist apprehension to its certainty the evidence derived from an expert opinion is examined before court and also subject to cross - examination.

What is the value of opinion derived from hand writing expert?

Similarly the opinions of the handwriting experts are the least reliable.It has also been held that it is not safe to convict a person on the basis of the opinion derived from writing alone.However, section 47 of the Act provides that opinion of a third person acquainted with the handwriting of the other shall be relevant. Following are the persons who are considered competent to testify under this section
=>The person who has seen the person write.
=>Received documents purporting to be written by him.
=>Documents purporting to be written by the person in ordinary course of business or being habitually submitted to him.

What are the different modes of proving handwriting ?

The different modes of proving hand writing under this Act are as follows

1) Evidence by the writer himself
2) Opinions of the expert (Section 45)
3) Opinions of the persons acquainted with the handwriting of the other person (section 47)
4) Comparison of the handwriting by the court itself(section 73)

What is the value of facts which are otherwise not relevant but such opinions of the expert become relevant ?

When a fact which either supports or is inconsistent with the opinion of the expert, with respect to a fact which otherwise is not relevant to the issue ,then such an opinion becomes relevant.This is given under section 46 of the Act. For eg:- The opinion of an expert as to the symptoms of poison experienced by others after its consumption be it in affirmation or denial with respect to the case is relevant.

When are the opinion on relation relevant?

This provision has been enshrined under section 50 of the Act.In this section the opinion of the person alive is relevant and it must have been expressed by conduct and not merely by words or statements. This section must be read with section 32 (5) and 32(6) which provide the relevancy of the statement made by a dead person. The relationship in such cases must have been attained by blood, adoption or marriage.However the exception to section 50 are section 494.495,497 and 498 of IPC and also the proceedings under the Indian Divorce Act, where the evidence of marriage cannot be given by opinion of an expert.Strict proof of marriage is necessary in these cases.

Apart from these there are also certain opinions which are relevant. They are as follows :

=> Opinion as to digital signature by the certifying authority who has issued the Certificate is relevant (Section 47A)
=>Opinions as to any general customs and rights by the person who would be likely to know its existence if it existed is relevant.(Section 48)
=> Usages and tenets of any body of men or family,the constitution of any Government or charitable foundation, or the term used in particular district, particular classes , the person having special means of knowledge thereon is relevant.(Section 49)

Hope this was helpful.

Maitreyi

The Surreptitiously concealed doctrine of Res gestae

The term "Res gestae" has no where been defined in the Indian Evidence Act however, section 6 of the Act is founded on the doctrine of res gestae. Section 6 of the Indian Evidence act state as follows

"Facts though not in issue, are so connected to the fact in issue to form part a part of the same transaction, are relevant, whether they occurred in same time and place or at different times and places"

What is the meaning of the term Res gestae ?

Res gestae is a latin term and the literal meaning is "things done" however, when interpreted into English it means "things done in a course of transaction.

What does transaction mean ?

Transaction refers to physical acts, omissions or the words uttered which form a series so interconnected and interwoven to the fact in issue making it relevant.The ensemble of the acts or omission and the accompanying words make the transaction so appropriate and probable to the fact in issue that it inevitably becomes relevant. However its admissibility can be included or excluded by the court.

What is res gestae as an act/omission ?

When the acts or omission which though may occur in the same time or place of the incident or at different times and places of the incident (in this i refer to the events which are though scattered but are integrated to a single transaction )but are part of a single scheme then such acts and omissions constitute a single transaction and are thus relevant.

What is res gestae as a statement ?

Even statements and the words uttered accompany the physical acts. But the words must have been uttered or the statement must have been said soon "before" or "after or "along" the incident. It must be contemporaneously made either during or before or subsequently after the occurrence of the incident. Words de-recenti weigh more value than the words uttered after a long or a considerably long period of time leaving room thereby to fabricate a false story.
This rule is also considered as an exception to the hearsay evidence.

What are the points to determine if a fact forms part of the same transaction or different transaction ?

Honestly speaking, there is no standardized method to determine as to which fact forms a part of transaction and which fact doesn't. However, these points guide to the correct conclusion

==> Proximity of time
==> Continuity of action
==> Transaction must form part of a single scheme
==> Existence of common purpose

Why was this doctrine so surreptitiously concealed by the drafters of the Indian Evidence Act ?

This doctrine has always been severely criticized by eminent jurists. It has been considered confusing, ambiguous and invaluable. It is considered useless as it admits the rule of hearsay evidence.Prof. Wigmore said " the phrase has not only been useless but positively harmful".

I tried to explain the doctrine of res gestae in a question answer format. Hope this methodology helped you.

If you have any queries or questions kindly comment below, i shall be more than happy to help.

Maitreyi

DISMEMBERING PART XVII(OFFICIAL LANGUAGE)OF THE INDIAN CONSTITUTION

Part XVII of the Indian constitution deals with the Official language and is divided into four chapters which are as follows

Chapter I - Language of the Union (343 & 344)
Chapter II- Regional Language (345,346 & 347)
Chapter III - Language of the supreme Court and High Court,Etc (348 & 349)
Chapter IV- 350,350A,350B ,351)

I will explain to you all the significant contents of each chapter which are important in examination perspective.

==>> CHAPTER I LANGUAGE OF THE UNION

1) Official language of the Union shall be Hindi in Devanagari Script
2)Form of numerals used for official purposes of the union shall be international form of Indian numerals.
3)The provision for the establishment of a commission and a committee in official language is given under Article 344.
4)The PRESIDENT shall constitute a commission by order which shall consist a Chairman and other members representing the languages specified in the EIGHTH SCHEDULE.
5)There shall be a Committee whose duty shall be to examine the recommendation of the commission made to the President
6)The committee shall consist of 30 members (20 members of the Lok Sabha and 10 from the council of states).

=>> CHAPTER II REGIONAL LANGUAGE

The official language or the languages of the state shall be as the state legislature adopts (Article 345)

==>LANGUAGE OF THE SUPREME COURT OR HIGH COURT, ETC

1)English Language shall be used in Supreme Court and High Courts (Article 348)
2)Governor of a state with a previous sanction of PRESIDENT authorise the use of Hindi language, or any other language for the official purposes of the state, in proceedings in the High Court.

==>> Special Directives

1)The language to be used in the redress of grievances shall be the language used therein.(Article 350)
2)Facilities for instruction in mother tongue at primary stage of education to children belonging to linguistic minority groups shall be the endeavor of state and every local authority within state.(Article 350A)
3)The PRESIDENT shall appoint a special linguistic officer who shall investigate all matters relating to safeguard provided for linguistic minorities (Article 350B)
4)It shall be the duty of the union to develop, promote and spread Hindi Language and to draw vocabulary primarily on Sanskrit and secondarily on other languages (Article 351)

If anybody happens to put forward a question "What is the official language of India "? You know the answer. There is no official language in India, we only have an official language of the Union which is Hindi in Devanagari script.

Maitreyi

DISTINCTION BETWEEN ARTICLE 323A AND 323B

=>> ARTICLE 323A

1) Article 323A contains provision with respect to Administrative Tribunals. Administrative Tribunal deal with disputes and complaints related to Public services.

2)The Parliament by law is not empowered to establish an Administrative Tribunal hierarchy.

3) The exclusive power to make law to provide for the adjudication and trial of disputes and complaints by the administrative tribunal is vested on the parliament.

=>> ARTICLE 323B

1)Article 323B contains provision with respect to Tribunals of other matters.

2)Appropriate Legislature (Parliament/ State Legislature) is empowered to establish hierarchy of tribunals under clause 3 (a) of the Article.

3)The exclusive power to make law to provide for the adjudication and trial of disputes, complaints or offences with any of the matter specified in 323B(2)is vested on the appropriate legislature (Parliament/State Legislature).

Hope this helps.

Maitreyi

WITNESS NOT EXCUSED FROM ANSWERING INCRIMINATING QUESTIONS

Section 132 of the Indian act has incorporated the provision of not excusing witnesses from answering any questions relevant to the matter in issue in any civil or criminal proceeding which incriminates, or is likely to incriminate, or subject him to penalty or forfeiture. As per the provisions of this section it clearly demonstrates that the answering of questions relevant to the matter in issue is not at the option of the witness to decide but it his duty to answer every question being put forward with truthfulness to the best of his knowledge.

However, if we look into the proviso of this section it mentions that “no such answer, which the witness shall be compelled to give, shall subject him to any arrest, prosecution , or to be proved against him in any criminal proceeding except a prosecution for giving false evidence by such answer.

The proviso of this section sanctions a protection to the witness from any arrest, prosecution proved against him in any criminal proceeding. But a clear demarcation needs to be drawn in this regard as the proviso only mentions about the witness who is compelled to answer. Now, the immediate question which pops into our mind is “What does compulsion refer to “? There have been divergence with respect to the meaning of compulsion but in a nutshell it could be said as question which the witness is bound to answer where in non adherence to the same the witness is put to an adverse presumption. The proviso is also successful at explaining where in case of contravention as to stating truthful answers the witness shall be liable to punishment for giving false evidence (perjury) under section 193 of the Indian Penal Code.

So the crux of the matter converges to the conclusion that when a witness willfully or voluntarily answers the question he shall not be shielded with the protection entrusted in the proviso however, when the witness is compelled to answer questions he shall be entitled to reap the benefits as entrusted to him under the proviso of this section.

A small write up from my end to help you understand this section better.

Maitreyi

DISTINCTION BETWEEN ADMISSION AND CONFESSION

X======= ADMISSION ========X

1) These are the statements oral/ documentary) which suggest any inference to a fact in issue or a relevant fact and which is made by any of the persons mentioned under section 18,19.20 of the Act.

2) Admissions are generally in the Civil proceedings but may also be used in Criminal proceedings.

3) Admissions are a mere acknowledgement of a fact which suggest an inference to a fact in issue or a relevant fact.

4) An admission could be inclupatory or exculpatory in nature. Which means that it could run in the favor of the person making it or against him.

5) An Admission made to a police officer, or in custody of police officer or under any inducement or in promise of secrecy would stand relevant.

6)An admission is not a conclusive proof of the fact admitted which means that can be rebutted unless they operate as estoppel.

7) An admission by a co-plaintiff or a co- defendant are not an evidence against others.

8)In admissions the statements given by a person not a party to the case can be an admission against parties.Section 99 of the Indian Evidence Act states that evidence could be given by a third person not a party to the case when his interest is affected due to the contemporaneous agreement varying the terms of the contract.

X========= CONFESSION=========X

1)Confession is no where defined in the Indian Evidence Act, however a confession could be said as a statement (Oral/documentary) which suggest an inference to a fact in issue or a relevant fact in case of crime.

2) Confessions find place in Criminal proceedings only.

3) Confession is an admission .But every admission is not a confession.

4)A confession is an admission of the guilt and it always runs against the interest of the person making it.

5) A confession made to a police officer, or under a police custody, or inducement of threat by a person in authority all stand irrelevant as the provisions of section 24,25 and 26 of the Act are attracted.

6) A confession is considered a satisfactory piece of evidence however the court may corroborate such evidences as a rule of prudence.

7)A confession made by an accused in a joint trial is relevant against all the co - accused.(Sec 30 of the Act to be referred)

8)A Confession must admit in terms of the offence all the facts which constitute such offence.

This was a small initiative from my side to help you know more about different concepts of law.Hope this was helpful.

Maitreyi Raghuraman

FINANCE COMMISSION OF INDIA

=> To being with understanding the importance of Finance commission of India it is mandatory to know the objective behind the establishment of this statutory body.The state is guided by the responsibility of implementing welfare schemes however the states are meagerly funded as compared to the Center.Therefore, a statutory body like that of the Finance Commission was established on whose recommendations the Center transfers funds to the state in the form of grants.This helps in the growth and the well being of the citizen of India.

=> Article 280 of the Constitution of India provides for the establishment of Finance Commission.

=> Finance Commission consists of a chairman and four other members.

=> The parliament by law determines the qualification and the manner of their selection.

=> The Finance ( Miscellaneous provisions ) Act, 1951 provides that the chairman of the commission shall be selected from among the members experienced in the public affairs.

=> The other four members from among members
(i) Who have been or qualified to be a Judge of High Court
(ii)Possess special knowledge in finance and accounts.
(iii)Have experience in financial and matters of account
(iv)Have special knowledge of economics

=>The Finance commission shall hold the office for a period as specified by the Presidential order.

=>The finance commission shall have the power of a civil Court in Summoning, enforcing attendance of witnesses, production of documents and requisitioning public record from any court or office.

=> Under Article 281 the President shall cause every recommendation made by the Finance commission to be laid before each House of the Parliament with an Explanatory memorandum.

DUTIES OF THE FINANCE COMMISSION

The finance commission shall be duty bound to make recommendations to the President as to -

A)Distribution between the Union and the state as to the net proceeds of the taxes which are to be or may be divided and allocation between the states of the respective shares of such proceeds

B)Principles which should govern the grants in aid of the revenues of the State out of the Consolidated fund of India.

C)Measures needed to augment the Consolidated funds of the state to supplement the resources of the Panchayat in the state on the recommendation made by the Finance commission of the state .
D)Measures needed to augment the Consolidated fund of the state to supplement the resources of Municipalities in the state on the recommendation made by the Finance Commission of the state.

E)In the interest of sound finance

=> Inspite of the establishment of this Statutory body there is another Political body called the planning commission which makes 70 % of the recommendation to the President. Over 70 % of grant given by Center to the State in recommendation of the planning commission are discretionary grants. Since the Planning commissions role are myriad and important it is recommended that the planning commission be made a Statutory body.

Hope this small write up helps .

Maitreyi

WHEN CAN PARLIAMENT LEGISLATE IN THE MATTER OF CONCURRENT AND STATE LIST

      The parliament can legislate in the matters of the state list and concurrent list under these five important circumstances which are dealt under Part XI of the Constitution of India between Article head 248 to 254.

=> Article 248 talks about the residuary powers of the legislation which are conferred to the Parliament.These are the exclusive power given to the Parliament to make laws with respect to the Concurrent and the State list. Since it is impossible to determine all the matters of future legislation the Parliament has been conferred with this exclusive power to make legislation with respect to matters in the Concurrent and the Sate list respectively.

=>Article 249 confers the power to the Parliament to legislate with respect to matters in the state list in the national interest. When the Parliament considers that it is necessary and expedient in the national interest to make laws in matter of the state list it shall be lawful for the Parliament to make laws for the whole or any part of the territory of India. It is when the Council of States (Rajya Sabha) declares by resolution supported not less than 2/3rd of the members present and voting to make laws with respect to the matters enumerated in the State list. The resolution passed under this Article shall remain in force for a period not exceeding 1 year. The power to legislate with respect to matters in the State list in the national interest lies only in the Council of States (Rajya Sabha).

=>Article 250 states that when the Proclamation of emergency is in operation the Parliament has the power to legislate with respect to any matter enumerated in the State List. The Parliament can make laws for the whole or any part of the territory of India. This provision has been incorporated to make sure that a unitary power prevails during the proclamation of emergency to deal with the situation more effectively and efficiently.

=>Article 252 states that the Parliament can legislate for two or more states with their consent. If it appears to the legislature of two or more states that the parliament needs to make laws with respect to any of the matters of the state list which it is not entitled to make (Except under Article 249 and 250) and that it is desirable to be regulated by the Parliament then a resolution shall be passed by all the Houses of the legislature to that effect. However any Act so passed can only be amended by the Parliament and not by the state legislature in this case.

=>Article 253 empowers the Parliament to make laws to the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, associations or other body.

In the next post i shall be discussing how the validity of law is decided on the basis of the doctrines.

Regards,
Maitreyi