Domestic Law

Topics: Team, Court, The A-Team Pages: 5 (1204 words) Published: July 16, 2013
Moot Problem for Domestic Law Intramurals Republic of Malaya is a democratic state and has completed 65 years of independence. The constitution of Malaya was brought into effect on 25.02.1950. The Constitution of Malaya is of welfare nature. It has a federal structure. The country has established parliamentary form of government. At present Malaya is facing serious threat of criminalization in politics. According to a study (dated 15.03.2010) conducted by Protection of People's Civil Rights (PPCR). a NGO, 78% of the politicians in the country have been alleged to have been involved in various atrocious and unfair practices while entrusted with the responsibility of maintaining good governance in the country. The Report further stated that the situation has worsened in the last decade and the practices have resulted in stacking of large amount of money in the foreign banks. Against this a Right to Information petition was filed for disclosure of the details on 18.08.2010 reply to which was not provided by the Government of Malaya. A PIL was filed by the PPCR before the Hon'ble Apex Court of Republic of Malaya but the judgment on this issue is still pending. In addition to this there have been many further allegations of politicians accepting bribes, public servants not completing their functions within the mentioned time and also by fresh RTI appl ications exposure of mismanagement by the government servants is evident. This resulted in another PIL being filed by PPCR on 19.09.2011 against the degrading conditions of the rules of governance and for bringing transparency in the government. The Apex Court in this case after considering the seriousness of the matter appointee! a Committee headed by one retired Judge of Supreme Court and two social scientists to look into the matter. They conducted a survey across all the states and after one and a hal year submitted its Report on the dismal conditions of the Republic of Malaya. in the Report, criminalization of the Out of the various causes that were highlighted politics was considered as the root cause in addition to the issues of lack of transparency and accountability amongst the politicians. The Report also mentioned that in the 131h have been charge-sheeted Lower House of Malaya 38 % of the elected representatives and cases against them are pending in various courts of Malaya and 25% have been convicted by the trial court but they have preferred appeals before the higher court resulting in pendency of proceedings. The law in relation to the Protection of Public Servants Act, 1955 contained a clause under Section 8(4) whereby, "All the present and existing representatives Of the counliy enjoy immunity pom arrest or detention under any Law of the Land, till the lime Ihe\' occupy their office, for 3 months or untiL any disposal a/any appeal OJ'revisio/1 OJ'J'el'ie\1 OJ'application by a Court." The Apex Court vide its order dated 10.07.2013 considered the issues stated in the Report with extreme seriousness and declared this immunity 8( 4) of the Protection of Public Servants Act, 1955 as granted under Section unconstitutional and decided to enforce it with retrospective effect.

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This order also went a step ahead stating that a person, who is in jailor in police custody, cannot contest election to legislative bodies. The Government of Malaya filed a Review petition before the Apex Court regarding the order dated 10.07.2013.

Note: - The prOVlSlons of the Malayan Law are in pari materia to the Indian legal provisions upon the concerned subject.

INTRAMURALS ON DOMESTIC LAW, 2013

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