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Indian Press Act, 1910

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Legislation is the process or result of enrolling , enacting , or promulgating laws by a legislature , parliament , or analogous governing body . Before an item of legislation becomes law it may be known as a bill , and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act.

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22-521: The Press Act of 1908 was legislation promulgated in British India imposing strict censorship on all kinds of publications. The measure was brought into effect to curtail the influence of Indian vernacular and English language in promoting support for what was considered radical Indian nationalism. this act gave the British rights to imprison and execute anyone who writes radical articles in

44-539: A deluge of imagery associated with the Cow Protection Movement . These concerns led him to draft the major substance of the 1910 Press Act. The main instruments of control imposed by the Press Act were financial securities which were vulnerable to confiscation in the event of any breach of the exceptionally wide provisions of the legislation. Proprietors being obliged to deposit 500 to 5000 Rupees as

66-476: A large number of nationalists of the Anushilan Samiti were convicted. However, Aurobindo Ghosh had escaped conviction. With defiant messages from journals such as Jugantar , the propvisions of the 1878 Vernacular Press Act were revived. Herbert Hope Risley , in 1907, declared, "We are overwhelmed with a mass of heterogeneous material, some of it misguided, some of it frankly seditious," in response to

88-405: A society organized for political action, the will of the people as a whole is the only right standard of political action. It can be regarded as an important element in the system of checks and balances and representative democracy. Therefore, the people are implicitly entitled even to directly participate in the process of law-making. This role of linking citizens and their government and legislators

110-513: Is closely related to the concept of legitimacy. The exercise of democratic control over the legislative system and the policy-making process can occur even when the public has only an elementary understanding of the national legislative institution and its membership. Civic education is a vital strategy for strengthening public participation and confidence in the legislative process. The term " dead letter " refers to legislation that has not been revoked, but that has become inapplicable or obsolete, or

132-600: Is no longer enforced. In more simpler terms, it means that the legislation is gone. There are several types of dead letter laws. Some laws become obsolete because they are so hateful to their community that no one wishes them to be enforced (e.g., slavery ). Similarly, some laws are unenforced because a majority wishes to circumvent them, even if they believe in the moral principle behind the law (e.g., prohibition ). Finally, some laws are unenforced because no mechanism or resources were provided to enforce them. Such laws often become selectively enforced or tacked onto other crimes in

154-404: Is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers . Those who have the formal power to create legislation are known as legislators ; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation ); the executive branch of government can act only within

176-403: Is sometimes used to include these situations, or the term primary legislation may be used to exclude these other forms. All modern constitutions and fundamental laws contain and declare the concept and principle of popular sovereignty, which essentially means that the people are the ultimate source of public power or government authority. The concept of popular sovereignty holds simply that in

198-467: Is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary . The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order . In those that use fusion of powers , typically parliamentary systems , such as the United Kingdom ,

220-427: Is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage . Most large legislatures enact only a small fraction of the bills proposed in a given session . Whether a given bill will be proposed is generally a matter of the legislative priorities of the government. Legislation

242-645: The Government or a native prince, to incite criminal intimidation and interference with law and order, and to intimidate public servants with threats of injury. Legislation Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions , targeting indirect behaviors, authorizing agency action, etc. Legislation

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264-630: The Magistrate saw fit. Customs and postal officers were given authority to detain and examine suspected matter, and local governments were authorized to declare forfeit any newspaper, book, or document, or empower the police to search and seize the same. The bill defined press offences as attempts to incite murder or anarchical outrages, to tamper with the loyalty of the Army or the Navy, to excite racial, class and religious animosity and hatred and contempt of

286-426: The executive ( ministers ), are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems , the directly elected head of government appoints the ministers. The ministers can be directly elected by the voters. In this context, the executive consists of a leader or leader of an office or multiple offices. Specifically, the top leadership roles of

308-459: The executive branch may include: In a presidential system , the leader of the executive is both the head of state and government. In some cases, such as South Korea , there is a Prime Minister who assists the President, but who is not the head of government. In a parliamentary system , a cabinet minister responsible to the legislature is the head of government, while the head of state

330-471: The executive forms the government, and its members generally belong to the political party that controls the legislature. Since the executive requires the support and approval of the legislature, the two bodies are "fused" together, rather than being independent. The principle of parliamentary sovereignty means powers possessed by the executive are solely dependent on those granted by the legislature, which can also subject its actions to judicial review. However,

352-468: The executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers , such as the United States of America , government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch

374-444: The executive often has wide-ranging powers stemming from the control of the government bureaucracy , especially in the areas of overall economic or foreign policy . In parliamentary systems, the executive is responsible to the elected legislature, which must maintain the confidence of the legislature or one part of it, if bicameral. In certain circumstances (varying by state), the legislature can express its lack of confidence in

396-505: The executive, which causes either a change in governing party or group of parties or a general election. Parliamentary systems have a head of government (who leads the executive, often called ministers ) normally distinct from the head of state (who continues through governmental and electoral changes). In the Westminster type of parliamentary system , the principle of separation of powers is not as entrenched as in some others. Members of

418-415: The judicial process. Executive branch The executive , also referred to as the juditian or executive power , is that part of government which executes the law; in other words, directly makes the key decisions and holds power. The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In democratic countries,

440-803: The newspapers. It followed in the wake of two decades of increasing influence of journals such as Kesari in Western India, publications such as Jugantar and Bandemataram in Bengal, and similar journals emerging in the United Provinces . These were deemed to influence a surge in nationalist violence and revolutionary terrorism against interests and officials of the Raj in India, particularly in Maharashtra and in Bengal. A widespread influence

462-476: The powers and limits set by the law, which is the instrument by which the fundamental powers of government are established. The function and procedures are primarily the responsibility of the legislature. However, there are situations where legislation is made by other bodies or means, such as when constitutional law or secondary legislation is enacted. Such other forms of law-making include referendums , orders in council or regulations . The term legislation

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484-613: Was noted amongst the general population which drew a large proportion population of youth towards the ideology of radical nationalists such as Bal Gangadhar Tilak and Aurobindo Ghosh , and towards secret revolutionary organisations such as Anushilan Samiti in Bengal and Mitra Mela in Maharashtra. This peaked in 1908, with the attempted assassination of a local judge in Bengal, and a number of assassinations of local Raj officials in Maharshtra. The aftermath of Muzaffarpur bombings saw Tilak convicted on charges of sedition, while in Bengal

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