Comments on: Light at the end of the tunnel to the SC ! http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/ Lex lata and some Lex ferenda Sun, 21 Mar 2010 04:08:24 +0000 http://wordpress.org/?v=2.6.5 By: LINDSAYFanny http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-14883 LINDSAYFanny Thu, 25 Feb 2010 07:02:21 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-14883 Lots of various persons understand techniques of research essay writing, but this does not mean they can write superior quality essays, but a <a href="http://quality-papers.com" rel="nofollow">essay writing service</a> could aid to write the essay thesis of great quality and show writing skillfulness of some students. Lots of various persons understand techniques of research essay writing, but this does not mean they can write superior quality essays, but a essay writing service could aid to write the essay thesis of great quality and show writing skillfulness of some students.

]]> By: Iscar http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-9996 Iscar Mon, 01 Jun 2009 04:30:25 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-9996 Thanks for you response!! Thanks for you response!!

]]> By: Ishita http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-6125 Ishita Sun, 07 Dec 2008 06:45:40 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-6125 What is the background of Article 361(2)? Is it only historically convenient that "King can do no wrong" or it is for the dignity of the country in the international forum? May I please have some source/reference with the answers that I may get What is the background of Article 361(2)? Is it only historically convenient that “King can do no wrong” or it is for the dignity of the country in the international forum? May I please have some source/reference with the answers that I may get

]]> By: Last day to replace candidate ! « Reality Check India http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-443 Last day to replace candidate ! « Reality Check India Sat, 30 Jun 2007 10:42:06 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-443 [...] Lex (a group of Supreme Court Lawyers) take on the legal issues including the various blanket immuni... [...] [...] Lex (a group of Supreme Court Lawyers) take on the legal issues including the various blanket immuni… [...]

]]> By: Ninad http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-442 Ninad Sat, 30 Jun 2007 08:10:20 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-442 KK, If you see my last post, I begin by referring to this Article of the Constitution: "For that a PIL could be filed only in the Supreme Court by virtue of Art.71 of the Constitution which states that all disputes connected with the election of the President can be entertained only by the SC." Realitycheck, The import of Art 361(2) has been explained by the SC in the Union Carbide Corporation case (Bhopal Gas Tragedy): "Article 361(2) of the Constitution confers on the President and the Governors immunity even in respect of their personal acts and enjoins that no criminal proceedings shall be instituted against them during their term of office." To elaborate further, this immunity [361(2)]is not linked to the President's official duties[unlike 361(1)]. This read together with the RPI Act[s.8] would mean that now it is too late to initiate anything against her in terms of a process of criminal justice so as to disqualify her and if we do initiate anything the same will not be allowed to be 'continued' during her tenure. Hence, seeking her disqualification by way of the PIL in the SC is the only way out because any other ploy to embarass the UPA/her would be futile being too late in the day ! KK,

If you see my last post, I begin by referring to this Article of the Constitution:

“For that a PIL could be filed only in the Supreme Court by virtue of Art.71 of the Constitution which states that all disputes connected with the election of the President can be entertained only by the SC.”

Realitycheck,

The import of Art 361(2) has been explained by the SC in the Union Carbide Corporation case (Bhopal Gas Tragedy):

“Article 361(2) of the Constitution confers on the President and the Governors immunity even in respect of their personal acts and enjoins that no criminal proceedings shall be instituted against them during their term of office.”

To elaborate further, this immunity [361(2)]is not linked to the President’s official duties[unlike 361(1)]. This read together with the RPI Act[s.8] would mean that now it is too late to initiate anything against her in terms of a process of criminal justice so as to disqualify her and if we do initiate anything the same will not be allowed to be ‘continued’ during her tenure.

Hence, seeking her disqualification by way of the PIL in the SC is the only way out because any other ploy to embarass the UPA/her would be futile being too late in the day !

]]> By: realitycheck http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-438 realitycheck Fri, 29 Jun 2007 11:53:20 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-438 Ninad, Could you throw some light on the immunities enjoyed by the president under Art 361 ? What is the meaning of the "two-months notice" clause in the said article ? I have put together some thoughts here. See end of post http://realitycheck.wordpress.com/2007/06/25/presidential-spin-attempts/ The best course of action, and indeed the most democratic one is the embarassment route. Ninad,

Could you throw some light on the immunities enjoyed by the president under Art 361 ? What is the meaning of the “two-months notice” clause in the said article ? I have put together some thoughts here. See end of post http://realitycheck.wordpress.com/2007/06/25/presidential-spin-attempts/

The best course of action, and indeed the most democratic one is the embarassment route.

]]> By: KK http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-437 KK Fri, 29 Jun 2007 10:39:34 +0000 http://lex.nationalinterest.in/2007/06/29/light-at-the-end-of-the-tunnel-to-the-sc/#comment-437 Good work. Well, there is a clause in the constitution which says, "Matters relating to, or connected with, the election of a President or Vice-President.- (1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final." The link is http://indiacode.nic.in/coiweb/coifiles/p05.htm#a Click on #71 Good work.

Well, there is a clause in the constitution which says,

“Matters relating to, or connected with, the election of a
President or Vice-President.- (1) All doubts and disputes arising out
of or in connection with the election of a President or Vice-President
shall be inquired into and decided by the Supreme Court whose decision
shall be final.”

The link is

http://indiacode.nic.in/coiweb/coifiles/p05.htm#a

Click on #71

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