Doubt Clearance Thread: UPSC 2021
"When in doubt, observe and ask questions. When certain, observe at length and ask many more questions."
Created this thread as a one stop solution for all members so that all the doubts wherein any conceptual clarification is required can be solved here.
Are nagar panchayats under 74th amendment and district panchayat under 73rd amendment same ?
No, they are different@curious_kid. Nagar Panchayats are similar to Municipal Councils or Municipal Corporations, albeit for smaller towns, smaller than a district. They deal with urban governance issues related to that town, such as water, sanitation etc.
On the other hand, District Panchayat deals with rural self government, mainly planning and execution related aspects of Gram Panchayat and Janpad Panchayats.
nearly all men can stand adversity, if you want to test a man's character give him power. comment
Good reference
Is 3rd statement wrong?
It is wrong because Delhi has an LG, not an Administrator. Here it looks like administrator isn't used in the general sense of the word, but as one of the two ways UTs are governed (through an Administrator like in Lakshadweep or through LG like in Delhi). They should have probably said "Administrator" with a capital A.
mehuifs,
dragon_rider,whatonlyBut I don't understand what that means in context of AG. Why would AG receive this summary and from whom?@sbhati a summary of the facts and legal points in a case given to a barrister to argue in court.As per google😀
But I don't understand what that means in context of AG. Why would AG receive this summary and from whom?@sbhati a summary of the facts and legal points in a case given to a barrister to argue in court.As per google😀
I am not a legal expert but common sense tells us this.
See Govt doesn't function in isolation, especially in a complex pluralistic society like India govts developmental works are always under judicial scanner( can we recollect how land acquisition is THE BIGGEST hurdle in ease of doing business?)
Suppose a PSU wants to acquire some land for extension of it's manufacturing units but the farmers of the area are opposing this. They will file a law suit against govt. In this case the arguments of the farmers will be first briefed to AG(or any other person from Govt/ PSU side) to know what laws/ statues the farmers are using. Only after this brief the AG is in a position to argue from govt side.
I am not sure on this but again common sense tells us that there must be specific guidelines by Supreme Court or by any other regulatory authority regarding the manner(written/oral/online/offline) and timing of such briefs. May be a lawyer can talk more about such guidelines.
sbhati,
"The Attorney General can accept briefs but cannot appear against the Government."
Can someone please explain, what does "accepting briefs" mean here?
Legal practice is not only about hearings in court. It is also about many other things like advising on a case, on a piece of evidence related to a case, and so on. These activities happen outside the courtroom.
A brief is just a legal document that contains names of petitioners, facts of the case, their arguments stating why they should get relief, previous judicial pronouncements/ case laws supporting their claim, and so on.
The law officers (AG, SGs, ASGs) are allowed to accept private briefs. Accepting a private brief is allowed as long as they do not use it to appear against the government. They may accept a brief to advise a private party, appear for a party against a private party. When the AG accepts a brief it essentially means that he has all the details of the case, nothing more.
sbhati,Usain_bolt@Usain_bolt@AzadHindFauzBut shouldn't AG, as a lawyer, prepare these legal arguments herself, rather than accept these, presumably from other lawyers?
@Usain_bolt@AzadHindFauzBut shouldn't AG, as a lawyer, prepare these legal arguments herself, rather than accept these, presumably from other lawyers?
As you rise up the ladder, your time becomes immensely important in any organization/hierarchy. Even senior advocates and many advocates practicing in the SC and HCs do not do that. So, they have a team of young interns for drafting and related paperwork. One cannot expect AG to do such kind of work. He'd be wasting his otherwise productive time.
As far as briefs are concerned, they are prepared specifically by brief writers who have the expertise in the work.
@AzadHindFauzOkay so AG will receive these briefs and only give advice to petitioners about how they can take their case forward?
He may also appear for them if the other litigant is not the government.
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