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Showing posts from September 17, 2011

Q. What do you understand by Legislative Jurisdiction?

Ans. The notion of Legislative Jurisdiction implies as to what extent or territorial jurisdiction, the laws made by a Legislature shall be effective. The law made by Parliament is effective in all parts of the territory of India. According to Article 245(1) the Union Parliament shall haw power to enact laws with respect to the whole territory of India or a pan of it. However, Article 245(2) declares that any law made by Parliament shall not be invalidated on the ground that it is applicable beyond the territorial area of India. Parliament has right to make laws not only with respect to Indian citizens living in India but also with respect to those Indian citizens who reside outside the country.
The Legislative Jurisdiction of State Legislatures extends upto the territorial area of that State. In the case of Cochin Vs. States of Madras and Kerala (1960), the Supreme Court ruled that the Legislatures of States do not enjoy extra- territorial jurisdiction as in the case of  the Union Parl…

Q. Which officials and functionaries under the Government of India are ineligible to hold any government office after their retirement?

Ans. As per (he provisions of the Constitution, the Comptroller and Auditor General of India shall not hold any office under the Government of India or the Government of a State after retirement from his office. For example, A. K. Chanda, the retired Comptroller and Auditor General of India was appointed as the Chairman of the third Finance Commission. This appointment generated heated controversy as the post of the Chairman of Finance Commission is an ‘office’ under the Government of India, with respect to the provisions of Article 148(4). However, later, no such appointment was made again. The government is required to exp lain as to what are the posts and offices to which such appointments can be made. Similarly the judges of the Supreme Court or the High Courts are also ineligible to hold any office under the government after their retirement. This provision is made to ensure that these functionaries perform their duties without any pressure or future Incentives or prejudices.