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Introduction
Recently, the Supreme Court, in a landmark judgement, clarified the status of property acquired after partition under Hindu law. The Court...
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हिन्दी में पढ़ें
Introduction
Recently, the Supreme Court, in a landmark judgement, clarified the status of property acquired after partition under Hindu law. The Court...
Recently, the Supreme Court, in a landmark judgement, clarified the status of property acquired after partition under Hindu law. The Court held that property purchased by a coparcener using personal funds or debt after a valid partition would be treated as self-acquired property and cannot be claimed as ancestral property by legal heirs merely on the basis of coparcenary status.
This judgment reinforces established legal principles regarding joint family property, self-acquisition, and limits of appellate intervention under Section 100 CPC.
Background of the Case
The dispute arose out of a civil suit for partition and separate possession initiated in 1994 by the children of respondent No. 1 (C. Jayaramappa). The plaintiffs claimed their right on the basis of ancestral property over a land measuring 7 acres 20 guntas situated at Mahadevapura Village, Challakere Taluk.
Facts of the Case:
In 1986, a partition took place between the three brothers – Defendant No. 1 and his siblings by a registered deed. Under this partition, the disputed property was originally allotted to C. Thippeswamy (brother of Defendant No. 1).
On 16th October, 1989, Defendant No. 1 purchased the disputed property from Thippeswamy by a registered sale deed.
On 11th March, 1993, Defendant No. 1 sold the land to Defendant No. 2 (Angadi Chandranna).
The plaintiff (children of Defendant No. 1) challenged the sale and sought partition and separate possession, claiming that the land was ancestral and formed part of the joint family property.
Procedural background
Court
Outcome
Trial Court (2001)
Decreed in favor of plaintiffs; declared the property ancestral.
First Appellate Court (2006)
Reversed Trial Court judgment; held the land was self-acquired by Defendant No.1.
High Court of Karnataka (2021)
Set aside Appellate Court decision; restored Trial Court ruling.
Supreme Court (2025)
Reversed High Court ruling; restored Appellate Court judgment in favor of Defendant No.2.
Questions before the Supreme Court:
Whether the suit property was ancestral or self-acquired? (Main Question)
Whether the High Court acted within its jurisdiction under Section 100 CPC by re-appreciating the facts?
Whether there was evidence of nuclear family justifying the presumption of joint family acquisition ?
Whether the doctrine of blending of self-acquired property with joint family property was applicable?
Analysis and Conclusion of the Supreme Court
Abuse of second appellate jurisdiction by the High Court
The Court held that the High Court erroneously interfered with the findings of fact under Section 100 of the CPC without framing a substantial question of law.
“Unless the findings are perverse or contrary to law, reappreciation of evidence is not permissible in a second appeal.”
The Supreme Court reiterated that a second appeal is confined only to substantial legal issues and not to findings of fact or alternative interpretations.
The suit property is self-acquired
The Court concluded that:
Defendant No.1 purchased the suit land from his brother after partition. He financed the purchase through personal loan (proven by several witnesses including PW3) and not from the joint family income.
The sale deed (Exh. D1) and the statements of PW1 to PW4 supported that the property was purchased using loan money, and a separate land was subsequently sold to repay the loan.
The Court, therefore, found that there was no joint family nucleus or any evidence to show that the suit property was purchased using ancestral money.
Burden of proof is on the claimant of ancestral status
Referring to decisions such as R. Devanai Ammal v. Meenakshi Ammal, the Court emphasised:
Mere existence of a joint Hindu family does not presume joint family property.
The plaintiffs failed to prove that the purchase money was the nucleus of ancestral income. The claim that the grandmother of respondent No. 1 contributed Rs. 10,000 or that the income came from ancestral land was not supported by documentary evidence or credible testimony.
Doctrine of Blending not applicable
The Supreme Court rejected the High Court’s application of the doctrine of blending, which applies when a coparcener voluntarily treats self-acquired property as joint family property.
In the present case:
No intention to renounce separate ownership was shown by Defendant No. 1. Mere co-residence or non-separation of accounts does not amount to blending.
The property purchased with a loan after partition remains self-acquired.
The sale was for legal necessity
It was also noted that Defendant No. 1 used the sale proceeds to marry his daughter, which is considered a legal necessity under Hindu law and a valid ground for transfer of property by the karta of the family.
Key Takeaways:
Property purchased after a valid partition of ancestral property using personal loan or separate income is self-acquired property.
High Courts should not re-appreciate evidence unless a substantial question of law is involved.
If self-acquired property is not voluntarily put into the joint family pool, the doctrine of blending does not apply. There must be an intention to renounce separate ownership of the property.
The burden of proving whether the property is ancestral or purchased out of joint family funds lies on the claimant.
Marriage expenses are valid grounds for sale of property by the payer.
Citations and References
Title of Judgment: Angadi Chandranna v. Shankar & Ors.
Citation: 2025 INSC 532
Date of Judgment: 22nd April, 2025
Bench: Justice J.B. Pardiwala and Justice R. Mahadevan
The Union Public Service Commission (UPSC) is a constitutional and autonomous body of India, established under Article 315 of the Constitution of India. The commission conducts the selection process of officers in the administrative, police, diplomatic and other top services of the country on the basis of fairness, transparency and merit.
Not only does it conduct competitive examinations, but the Union Public Service Commission (UPSC) also serves as an important advisory body to the Government of India, making it one of the most prestigious and influential institutions in India.
This article presents the historical background, structure, functioning and role of UPSC in nation building in an analytical form based on the Indian Constitution, Government of India Act 1935, UPSC Annual Reports and other authentic historical and academic sources.
Historical Evolution of UPSC
The roots of the civil services of India go back to the British period, when civil servants of the East India Company were selected through nomination by the directors of the company and trained at Haileybury College in London. A major change occurred after Lord Macaulay’s report to the British Parliament in 1854 recommended replacing the patronage-based system with a merit-based civil service through competitive examinations. As a result, the Civil Services Commission was set up in London in the same year and examinations began in 1855.
Initially the Indian Civil Services examinations were held only in London. The maximum age was 23 years and the minimum age 18 years. The syllabus was designed in such a way that European classics had a major share of marks. All this made it difficult for Indian candidates. Despite the difficulties, in 1864 Satyendranath Tagore, brother of Rabindranath Tagore, became the first Indian to pass the examination. Three years later, 4 other Indians succeeded. Over the next decades, Indians persistently demanded that the examinations be held in India, which materialised only after the Montagu-Chelmsford Reforms in 1922. The first Indian Civil Service examination was held at Allahabad and later at Delhi.
Similarly, before independence, the Indian (Imperial) Police consisted of senior police officers who were appointed by the Secretary of State through competitive examination. The first open competition for the police service was held in England in June, 1893, and the top 10 candidates were appointed as Probationary Assistant Superintendents of Police. Entry into the Imperial Police was opened to Indians only after 1920 and the following year examinations for the service were held both in England and India.
The Forest Service began in India in 1864, with the establishment of the ‘Imperial Forest Department’ by the British Indian Government. Its purpose was to manage the forest resources of the country. To ensure smooth functioning of its functions, the ‘Imperial Forest Service’ was formed in 1867, to which forest officers were appointed. Initially the officers were trained in France and Germany, but by 1905, they were trained at Coopers Hill in London. In 1920, changes were made in the recruitment process, which included appointment of officers through direct recruitment in both England and India and promotion from the Provincial Services in India. After independence, the ‘Indian Forest Service’ was established in 1966 under the All India Services Act of 1951, which has played an important role in managing the forest resources of the country.
The central civil services in British India were classified on the basis of their nature, pay scales and appointing authority. In 1887, the Aitchinson Commission divided them into Imperial, Provincial and Subordinate Services.
Imperial Services- were under the Secretary of State and mostly employed British citizens.
Provincial Services- were under the control of the respective Provincial Government and their rules were made with the approval of the Government of India.
Subordinate Services- catered to the needs of the local administration.
After the Indian Act of 1919, the Imperial Services were divided into All India Services and Central Services. The Central Services were directly under the control of the Central Government and included important services like railways, postal and telegraph services, and customs services.
For some of these, the Secretary of State would make appointments, but in most cases the appointment and control of their members was done by the Government of India.
The concept of a Public Service Commission in India came up during the Indian constitutional reforms on March 5, 1919. At that time, the government expressed the need to establish a permanent office for the regulation of service matters.
The Government of India Act of 1919 gave a concrete shape to this idea. Section 96 (c) of the Act provided for the establishment of a Public Service Commission in India, which would “perform such functions in relation to the recruitment to and control of the Public Services in India as may be assigned to it by rules made by the Secretary of State in Council.”
The main objective of this commission was to ensure a fair and transparent recruitment process, giving priority to merit and efficiency in administration.
Following the provisions of Section 96(c) of the Government of India Act, 1919 and the strong recommendations made by the Lee Commission (Royal Commission on Superior Civil Services in India) in 1924 for the early establishment of a Public Service Commission, the first Public Service Commission in India was established on October 1, 1926. It consisted of a Chairman and four members. Sir Ross Barker, a member of the Home Civil Service of the United Kingdom, was the first Chairman of the Commission.
Later, the Government of India Act, 1935 provided for a Federal Public Service Commission and separate Provincial Commissions. With the adoption of the Constitution of India on January 26, 1950, the Federal Public Service Commission was renamed as Union Public Service Commission (UPSC). The existing Chairman and Members were reappointed under Article 378(1) of the Constitution.
Timeline of UPSC’s Evolution
Year
Key Milestone
1854
British introduce merit-based exams for Indian Civil Services (ICS).
1926
First Public Service Commission set up in India.
1935
Government of India Act provides constitutional status to PSC.
1950
UPSC formally established as an autonomous body under Article 315.
1976
UPSC gains more autonomy, ensuring unbiased recruitment.
2024
Over 10 lakh candidates apply annually for UPSC exams.
Constitutional Provisions
The provisions relating to the Union Public Service Commission (UPSC) are mentioned in Articles 315 to 323 of Chapter 2 of Part 14 of the Indian Constitution. These provisions may be understood as follows:
Article 315 – Establishment of Public Service Commissions
Article 315(1) of the Constitution provides that there will be a Union Public Service Commission (UPSC) for the Centre and a State Public Service Commission (State PSC) for each state. That is,
At the central level – Union Public Service Commission (UPSC).
At the state level – State Public Service Commission (State PSC).
Joint Public Service Commission :
Article 315(2) provides for the establishment of a Joint Public Service Commission. When two or more states may agree to form a Public Service Commission for themselves. If its resolution has been passed by the House of the Legislature of each state and where there are two houses, it has been passed by both the Houses. Then the Parliament will form a Public Service Commission for them according to their needs. It is known as Joint Public Service Commission.
Article 316 – Appointment and tenure of UPSC members:
Provisions related to the appointment and tenure of UPSC members have been made in Article 316. According to this, the members of the Union Public Service Commission (UPSC) are appointed by the President.
Half of the members of the Union Public Service Commission (UPSC) are persons who have held office under the Government of India or a State Government for at least ten years.
Structure of UPSC
The UPSC is a multi-member body consisting of:
Chairman – appointed by the President of India.
Members – Generally, 9-11 members with extensive administrative experience.
Secretariat – supports administrative functions and coordination.
Tenure:
The members of the Union Public Service Commission (UPSC) hold office for a term of six years from the date on which they enter upon their office or till they attain the age of 65 years, whichever is earlier.
Article 317 – Removal and Suspension of UPSC Members:
The President has the authority to remove the Chairman or any member of the Union Public Service Commission (UPSC) on grounds of Misbehavior. The procedure for removal is as follows:
1. The President refer to the Supreme Court to conduct an Inquiry .
2. The Supreme Court held Inquiry of the matter in accordance with the rules made under Article 145 and submits its report to the President.
3. Based on the Supreme Court’s report, the President may remove the Chairman or member from their position.
However, removal without Inquiry is permitted under the following circumstances:
If the individual is declared bankrupt.
If they accept any other paid employment during their tenure.
If, in the opinion of the President, they become incapable of fulfilling their duties due to mental or physical incapacity.
Suspension:
During an ongoing inquiry by the Supreme Court, the President may temporarily suspend the Chairman or a member of the UPSC until the investigation report is received.
Functions of UPSC
The Union Public Service Commission (UPSC) is not merely an exam-conducting body; it plays a vital role in India’s governance. According to Article 320, its major functions include:
1.Conducting Recruitment Examinations
UPSC conducts the prestigious Civil Services Examination (CSE) to select officers for:
Indian Administrative Service (IAS)
Indian Police Service (IPS)
Indian Foreign Service (IFS)
Additionally, it administers various other examinations, such as:
Engineering Services Examination (ESE)
Combined Defense Services Examination (CDS)
National Defense Academy Examination (NDA)
Indian Forest Service Examination (IFS)
Central Armed Police Forces Examination (CAPF)
Examination for Prosecution Officers in Defense Establishments (APO & PO)
2.Direct Recruitment for Key Posts
Apart from competitive exams, UPSC conducts interviews and personality assessments for direct recruitment to senior government positions.
3. Advisory Role to the Government
UPSC advises the President of India on matters concerning recruitment rules, disciplinary actions, and service regulations for civil servants.
4. Framing Recruitment Rules
It formulates and updates recruitment guidelines for various government services and positions.
5. Promotions and Transfers
UPSC oversees promotions and deputations of All India Services (AIS) officers across government departments.
Conclusion
The Union Public Service Commission (UPSC) is not just an exam conducting body but it is a symbol of merit and transparency in the country. Its fair process and constitutional authority make it an important part of the governance system.
The UPSC is changing with time and remains the dream of millions of people to get a prestigious administrative role. Reforms, new technology and inclusiveness will make it stronger in the coming times, making India’s civil services more effective at the global level.
If you are thinking of becoming a civil servant, understanding the role of UPSC is the first and most important step.
316. Appointment and term of office of members— (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:
Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
[(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of 2[sixty-two years], whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
Explanation of Article 316
Provisions related to the appointment and tenure of the members of UPSC have been made in Article 316. They are as follows
Appointment as per Article 316 clause (1)
Union and Joint Commission – Appointed by the President.
State Commission – Appointed by the Governor of the State.
provided as per the provisions of the Union Public Service Commission (UPSC), half of the members are such persons who have held office under the Government of India or the State Government for at least ten years.
According to Article 316 clause (1A), if the Chairman is absent or the post is vacant, then the President (for Union and Joint Commission) or the Governor (for State Commission) can temporarily appoint another member.
According to Article 316 clause (2), there is a provision regarding the tenure of the Chairman and members of the Commission.
For Union Public Service Commission: 6 years or upto 65 years (whichever is earlier).
For State/Joint Commission: 6 years or upto 62 years (whichever is earlier).
Article 316 clause (3) A member of the Commission shall not be eligible for re-appointment after completion of his term.
315. Public Service Commissions for the Union and for the States— (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the Governor 1*** of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.
Explanation of Article 315
Clause (1): Mandates the formation of a Public Service Commission (PSC) at the central level (UPSC) and in every state (State PSC).
Clause (2): Allows two or more states to jointly form a PSC, called a Joint State Public Service Commission, if their legislatures pass a resolution and Parliament makes a law accordingly.
Clause (3): Empowers Parliament to include necessary incidental provisions when making laws about Joint Commissions.
Clause (4): Allows the UPSC to assist a State in recruitment matters if the Governor of the state requests and the President approves.
Clause (5): Ensures that references to PSCs in the Constitution are flexible and refer to the appropriate Commission serving a particular matter.
Myanmar was hit by a devastating 7.7-magnitude earthquake on March 28, 2025, which has killed more than 1,000 people so far and more than 10,000 people are at risk of death. According to the US Geological Survey (USGS), the epicenter of the earthquake was located in Sagaing region 17.2 km from Mandalay city.
India’s ‘Operation Brahma:
India has launched ‘Operation Brahma’ under its Neighbourhood First Policy and Humanitarian Assistance and Disaster Relief (HADR) policy. Under this operation:
Two C-130J Super Hercules aircraft of the Indian Air Force landed from Hindon Station Station to Yangon Airport carrying relief material to the region.
15 tonnes of relief material including tents, clings, sleeping bags, paracetamol, antibiotics, syringes, scales, bandages etc. were released.
NDRF teams and Indian Army medical specialists were deployed for relief and rescue operations.
Emergency medical camps set up in earthquake-hit Telangana.
PM Narendra Modi spoke to Myanmar ruler Senior General Min Aung Hlaing about the magnitude of India’s assistance.
Regional impact of the earthquake
Myanmar: Hundreds of demolitions, damage to bridges in Yangon, Mandalay, Sagaing and Bago region.
Thailand: 10 people killed in Bangkok, over 100 injured.
China: Felt in southern China too, damage reported.
Challenges of relief operations in Myanmar
The earthquake in Myanmar comes at a time when the country is already facing several crises:
Military rule (since 2021): Democratic government set in motion military rule.
Civil war-like situation: Clashes between army and rebel groups.
Instability: Rebels control Florida.
Economy in shambles: Lack of old-age homes and medical facilities.
Case in ICC: Military regime chief General Min Aung Hlaing accused of atrocities on Rohingya community.
Earthquake: Important facts from exam point of view
Cause of earthquake: Unique relationship of tectonic principles of the earth.
Hypocenter: The point inside the earth from where an earthquake originates.
Epicentre: The place on the earth’s surface that is closest to the earthquake.
richter scale: Scale of earthquake strength history (from 0-9).
Markley scale: Scale of earthquake impact statistics.
India’s ‘Operation Brahma’ not only includes humanitarian aid, but also strengthens the policy of friendship and cooperation with the neighboring country.
Indian Renewable Energy Development Agency Limited (IREDA) has achieved a historic feat in FY 2024-25 by registering tremendous growth in its loan approvals, disbursements and loan book. As per provisional data, IREDA has made loan approvals of ₹47,453 crore till 31st March 2025, which is 27% higher than last year. Loan disbursement also grew by 20% to ₹30,168 crore during the same period, while the loan book grew by 28% to ₹76,250 crore.
Key highlights of IREDA’s stellar financial performance:
Loan Approvals: ₹47,453 crore (27% growth)
Loan Disbursements: ₹30,168 crore (20% growth)
Outstanding Loan Book: ₹76,250 crore (28% growth)
India moving strongly towards clean energy:
Shri Pradeep Kumar Das, Chairman & Managing Director, IREDA said on this achievement, “Our continued progress is a testimony to the fact that we are taking strong steps towards India’s clean energy goals. The increase in loan approvals and disbursements reflects our commitment to support renewable energy projects.”He further added, “We are playing a vital role in India’s green energy transition through innovative and accessible financing solutions. This achievement also underlines our transparency and strong corporate governance towards our investors and partners.”
What is the impact of this :
India’s renewable energy sector will get more financial support.
Clean energy projects will get a boost, which will reduce carbon emissions.
The renewable energy sector can become more attractive for investors.
India’s energy self-sufficiency will be promoted.
IREDA: Important information from the exam point of view
Establishment: 11 March 1987
Headquarters: New Delhi
Ministry: Ministry of New and Renewable Energy (MNRE)
Objective: To provide financial assistance to renewable energy projects in India.
Field: Solar energy, wind energy, bioenergy, small hydropower projects etc.
Important initiatives: IPO launch (2023), green financing, support to net-zero target.
This achievement of IREDA is an important step towards empowering India’s energy future. These figures are still under audit, but reflect the great progress of IREDA.
In India, the power to legislate is vested in the Parliament and the State Legislatures. This authority to create laws is conferred upon the Parliament and State Legislatures by the Constitution, based on the distribution of powers. India has adopted a federal constitution, one of its key features being the division of powers between the Center and the States.
Provisions regarding the distribution of legislative powers between the Center and the States are outlined in Chapter I of Part XI of the Constitution. But what happens when the law crosses territorial boundaries? This is where the principle of territorial relation comes in. This is what we will understand in this article.
Distribution of Legislative Powers:
In the Constitution, the distribution of legislative powers between the Centre and the State has been done on the following basis –
Subject matter
Regional / Provincial
Jurisdiction related to the subject matter:
Article 246 Outlined the subjects on which the Parliament and the State Legislature make laws. According to this-
Union List (List 1): Parliament has the exclusive power to legislate on 97 subjects mentioned here, including defence, foreign affairs and atomic energy.
State List (List 2): State legislatures have the power to legislate on matters relating to 66 subjects such as police, public health and agriculture.
Concurrent List (List 3): Both Parliament and state legislatures have the power to legislate on 47 subjects, including criminal law, marriage and bankruptcy.
Regional/Territorial Jurisdiction:
Article 245 provides for the territorial jurisdiction of Parliament and State Legislature to make laws.
Clause 1 : Under this, Parliament is Empowered to legislate for the entire territory of India or any part of it, whereas the State Legislature can make laws for its entire state or any part of it. This power of Parliament and State Legislature is called regional/territorial jurisdiction. In other words, Parliament and State Legislature can legislate and enforce laws only within their designated territory.
Clause 2 : However this clause states that no law made by Parliament will be considered invalid based on extraterritorial enforcement. That is, the law of Parliament can be enforced extraterritorially beyond its jurisdiction. In other words, Parliament has the power to legislate laws with extraterritorial application, extending beyond the borders of India.
Territorial Jurisdiction of Parliament
As explained earlier, the Parliament and the State Legislatures have the power to make and enforce laws in their respective territories. However, clause 2 of Article 245 empowers the Parliament to make laws that apply beyond its territorial jurisdiction, i.e. extraterritorial jurisdiction.
Example: Rakesh and Rajani, who both live in Paris, come under the purview of the Hindu Marriage Act, 1955 in matters such as divorce despite living outside India. This shows how laws made by the Parliament can apply to persons or circumstances outside the Indian territory.
A.H. Wadia Case and the Doctrine of Territorial Nexus
In the landmark case of A.H. Wadia vs. Commissioner of Income Tax Bombay (AIR 1949 FC 181), it was held that a law enacted by a sovereign legislative authority cannot be challenged in a domestic court on the grounds that it applies beyond the territory of India. Even if such laws do not adhere to the principles of international law or face practical difficulties in implementation, these issues are considered matters of policy and not subject to judicial review. In simple terms, if a law enacted by the supreme legislative authority has extraterritorial enforcement, its validity cannot be questioned based on such enforcement.
Understanding the Doctrine of Territorial Nexus
The Parliament holds the power to legislate within its territorial boundaries as well as beyond, through extraterritorial enforcement. On the other hand, the State Legislature is confined to making and implementing laws within its territorial jurisdiction. However, an exception to this rule is embodied in the Doctrine of Territorial Nexus.
Definition:
This doctrine states that “if there is a real connection between the subject matter of a law enacted by the State Legislature and the state itself, such a law can be enforced outside the territorial boundaries of the state.” This principle is called the Doctrine of Territorial Nexus.
Essential Conditions of the Doctrine of Territorial Nexus
Extraterritorial enforcement of a law under this doctrine is valid only if the following conditions are met:
Real Connection: There must be a genuine connection between the subject matter of the law and the state enacting it.
Relevant Responsibility: The obligation or responsibility imposed by the law must be related to the state’s territory.
Only when these conditions are satisfied can extraterritorial enforcement of the law be considered valid under this doctrine.
Key Judgments on the Doctrine of Territorial Nexus
A.H. Wadia v. Commissioner of Income Tax, Bombay (AIR 1949 FC 181)
This case dealt with income tax, where it was held that a law imposing tax cannot be challenged for being extraterritorial if there exists a genuine connection between the individual liable to pay tax and the country imposing the tax. However, this connection must be real, and the liability imposed should be incidental to it.
Important Judgments Supporting the Doctrine of Territorial Nexus:
Wallace v. Commissioner of Income Tax, Bombay (AIR 1948 PC 118)
In this case, a British company was a partner in an Indian firm, and the Indian income tax authorities levied a tax on the company’s entire income. The Privy Council upheld this taxation, asserting that the doctrine of territorial connection applied since the majority of the company’s income originated in India. Thus, the connection with India was sufficient to validate the tax.
State of Bombay v. R.M.D.C. (AIR 1957 SC 699)
Here, the State of Bombay enacted a tax on lotteries and prize advertisements, which was also levied on a newspaper published in Bangalore but circulated in Bombay. The Court upheld the tax, stating that there was a proper territorial connection. For such taxation to be valid:
There must be a real connection between the subject matter and the taxing state.
The liability imposed should be incidental to the connection.
Tata Iron & Steel Co. Ltd. v. State of Bihar (AIR 1958 SC 4522)
This case revolved around the imposition of sales tax by the State of Bihar on goods sold outside the state. The Court ruled that a state cannot tax transactions that occur outside its boundaries, emphasizing that taxes can only be imposed on sales happening within the state’s territory.
Shrikant Bhalchandra Karulkar & Others v. State of Gujarat & Others (1994 SCC 52)
The appellants challenged a provision of the Gujarat Agricultural Land Ceiling Act, 1960, arguing that its extraterritorial effect was beyond the state’s legislative power under Article 245. The Supreme Court upheld the law, citing the doctrine of territorial connection, as the lands outside the state were inseparably connected to the lands within Gujarat.
State (NCT of Delhi) v. Brijesh Singh Alias Arun Kumar & Ors. (2017 SC 2)
The Court emphasized that if a territorial nexus exists, such as between charge sheets filed in Uttar Pradesh and the State of Delhi under MCOCA, extraterritorial application of the law cannot be deemed invalid.
Conclusion
The doctrine of territorial nexus is crucial in determining the jurisdictional reach of laws. By establishing a genuine connection between the territory of a state and the subject matter, this doctrine helps define the boundaries of legislative competence and ensures legal enforcement in an orderly manner.
A state’s sovereignty allows it to regulate persons, things, and events within its borders. However, this doctrine extends that authority beyond territorial boundaries when a substantial and direct connection exists, upholding the principles of justice and fairness.
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FAQs:
What is the doctrine of territorial nexus?
The doctrine of territorial nexus allows a state to legislate extraterritorially if there is a substantial connection between the state and the subject matter of the law.
Can you explain this doctrine with important judgments?
Yes, judgments like State of Bombay v. R.M.D.C. and A.H. Wadia v. Commissioner of Income Tax, Bombay highlight how laws can have extraterritorial enforcement if a real connection exists.
Do you dream of becoming a Civil Judge (RJS) in the Rajasthan judiciary? Recently, in the advertisement issued for 44 posts in RJS 2025 new syllabus has been released. Now the time has come to pay special attention to your preparation; for this, you should be aware of the new syllabus of RJS 2025. In this article, we are sharing with you the syllabus of RJS 2025 preliminary exam, main exam, and interview, whose PDF you can download.
RJS 2025 Exam: Selection Process
For selection in Civil Judge (RJS) in Rajasthan, Rajasthan High Court conducts this exam in three stages:
Preliminary Exam (RJS preliminary exam)
Main (written) exam (RJS Mains exam)
Interview
RJS prelims 2025: Syllabus and Pattern
The RJS preliminary exam will be conducted through an OMR-based offline method, featuring multiple-choice questions (objective type) in the following format:
Question paper
Subject
No. of questions
Marks
Time
1
LAW
70
70
2 hours
हिन्दी
15
15
English
15
15
total
100
100
2 hours
RJS Prelims Law Syllabus
The question papers of RJS Preliminary Exam will be asked from the following subjects –
No.
Subject
1.
Code of Civil Procedure, 1908
2.
The Constitution of India
3.
Indian Contract Act, 1872
4.
The Bhartiya Sakshya Adhiniyam, 2023 The Indian Evidence Act, 1872
5.
The Limitation Act, 1963
6.
The Specific Relief Act, 1963
7.
The Transfer of Property Act, 1882
8.
Interpretation of Statues
9.
The Rajasthan Rent Control Act, 2001
10.
Hindu Laws – Hindu Marriage Act, 1955, Hindu Adoption & Maintenance Act, 1956, Hindu Succession Act, 1956, Hindu Minority & Guardianship Act, 1956
11.
Rajasthan Court Fees & Suits Valuation Act, 1961
12.
The Rajasthan Land Revenue Act, 1956
13.
Partnership Act, 1932
14.
The sale of Goods Act, 1930
15.
The Registration Act, 1908
16.
Mohammaden Law (relating to Succession, Marriage, Divorce, Maintenance & Adoption)
17.
The Bhartiya Nagrik Suraksha Sanhita, 2023 The Code of Criminal Procedure, 1973
18.
The Bhartiya Nyay Sanhita, 2023 The Indian Penal Code, 1860
19.
The Juvenile Justice (Care and Protection of Children) Act, 2015
20.
The Negotiable Instrument Act, 1881
21.
The Probation of Offenders Act, 1958
22.
Protection of Women from Domestic Violence Act, 2005
23.
The Indecent Representation of Women (Prohibition) Act, 1986
24.
The Protection of Children from Sexual Offences Act, 2012
25.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
26.
Rajasthan Excise Act, 1950
27.
The Information Technology Act, 2000
RJS Prelims : Hindi Syllabus
क्र.
विषय (हिन्दी )
i.
शब्द रचना सन्धि एवं सन्धि विच्छेद , समास उपसर्ग प्रत्यय ,
ii.
शब्द प्रकार: (क) तत्सम , अर्द्धतत्सम , तद्भव , देशज , विदेशी (ख) सज्ञा सर्वनाम विशेषण , क्रिया , अव्यय (क्रिया विशेषण , सम्बन्ध सूचक, विस्मयबोधक निपात )
iii.
शब्द ज्ञान : पर्यायवाची, विलोम, शब्द युग्मों का अर्थ भेद, वाक्यांश के लिए सार्थक शब्द, समश्रुत भिन्नार्थक शब्द, समानार्थी शब्दों का विवेक, उपयुक्त शब्द चयन, सम्बन्धवाची शब्दावली
The RJS Main Exam is conducted in written form. It will have 4 question papers. It will be in the following format:
Question paper
Subject
Marks
Time
1
LAW I
100
3 Hour
2
LAW II
100
3 Hour
3
LANGUAGE I (HINDI)
50
2 Hour
4
LANGUAGE II English
50
2 Hour
RJS Mains Exam 2025 will include the following subjects:
RJS Mains Exam Law Paper I
No.
Subject
1.
Code of Civil Procedure, 1908
2.
The Constitution of India
3.
Indian Contract Act, 1872
4.
The BhartiyaSakshyaAdhiniyam, 2023 The Indian Evidence Act, 1872
5.
The Limitation Act, 1963
6.
The Specific Relief Act, 1963
7.
The Transfer of Property Act, 1882
8.
Interpretation of Statues
9.
The Rajasthan Rent Control Act, 2001
10.
Hindu Laws – Hindu Marriage Act, 1955, Hindu Adoption & Maintenance Act, 1956, Hindu Succession Act, 1956, Hindu Minority & Guardianship Act, 1956
11.
Rajasthan Court Fees & Suits Valuation Act, 1961
12.
The Rajasthan Land Revenue Act, 1956
13.
Partnership Act, 1932
14.
The sale of Goods Act, 1930
15.
The Registration Act, 1908
16.
Mohammaden Law (relating to Succession, Marriage, Divorce, Maintenance & Adoption)
17.
Order/Judgment Writing
RJS Mains Exam Law Paper II
S.N.
SUBJECTS
1
The BhartiyaSakshyaAdhiniyam, 2023 The Indian Evidence Act, 1872
2.
The BhartiyaNagrikSurakshaSanhita, 2023 The Code of Criminal Procedure, 1973
3.
The BhartiyaNyaySanhita, 2023 The Indian Penal Code, 1860
4.
The Juvenile Justice (Care and Protection of Children) Act, 2015
5.
The Negotiable Instrument Act, 1881
6.
The Probation of Offenders Act, 1958
7.
Protection of Women from Domestic Violence Act, 2005
8.
The Indecent Representation of Women (Prohibition) Act, 1986
9.
The Protection of Children from Sexual Offences Act, 2012
10.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
11.
Rajasthan Excise Act, 1950
12.
The Information Technology Act, 2000
13
Framing of Charge/Judgment Writing
RJS Main Exam Language Paper
SN
Subject
Paper I
Essay Writing in Hindi Language
Paper II
Essay Writing in English Language
RJS 2025 : Interview (35 Marks)
A candidate may be asked questions related to the following topics in the interview: Based on his school, college and university records. Regarding his character, personality, address and physique. He may be asked questions of general nature which are different from academic or law. TO test his general knowledge, questions based on current affairs and current problems. Questions related to proficiency in Rajasthani dialects and knowledge of social customs of Rajasthan.
Rajasthan High Court has officially released the notification for Rajasthan Judicial Services (RJS) 2025. Interested and eligible aspirants who want to become civil judge in Rajasthan can apply for the Rajasthan Judicial Services Recruitment Exam 2025. In this article, special discussion has been done on eligibility, important dates, selection process, application fee, total posts, etc. for Rajasthan Civil Judge 2025.
RJS Recruitment 2025: Overview
Name of Exam
Rajasthan Judicial Service (RJS) Exam 2025
Conducting Body
Rajasthan High Court
Designation
Civil Judge Cadre
Advesrtise No.
सिविल न्यायाधीश संवर्ग /2024 /1287
Total Vacancies
44
Pay Scale/salary
₹ 77840 – 136520
Application Mode
Online
job type
state govt.
Last date
30 03/2025
RJS Exam 2025revised syllabus
RJS 2025 : Eligibility Criteria
Educational Qualification
Bachelor’s Degree in Law (3/5 years) from a recognized university. Last semester students also eligible.
Age Limit
Minimum Age: 21 years Maximum Age: 40 years Age relaxation is applicable as per government norms.
RJS 2025 : Selection Process
The selection process for Rajasthan Civil Judge 2025 consists of three stages: Preliminary Examination (Objective Type) : 100 marks/100 Mains Examination (Descriptive Type): 4 papers 300marks Interview/Viva-Voice: Candidates must qualify for each stage to be considered for the final selection.
Application Process for RJS 2025:
Follow these steps to apply for RJS 2025
Visit the official website of Rajasthan High Court: http://www.hcraj.nic.in
Click on the RJS 2025 Recruitment link.
Register yourself and fill in the required details.
Upload the required documents, photo, and signature.
Pay the application fee as per your category.
Submit the form and take a printout for future reference.
Application fees for RJS 2025:
Category
Examination Fee
Candidate belonging to General, OBC-CL, MBC-CL categories and applicants of other state
₹1500/-
Candidate belonging to OBC-NCL, MBC-NCL and Economically Weaker Sections categories of Rajasthan State
₹1250/-
Candidate belonging to SC, ST and Ex-servicemen categories of Rajasthan State
Judicial Service Exam in India: Comprehensive Guide
The Judicial Service Exam in India provides an important option for law graduates to join the Indian judicial administration. With a systematic strategy and a deep understanding of the examination pattern, aspiring aspirants can achieve their goal of becoming a judge in India. This article provides an in-depth guide to judiciary exams in India, including eligibility, syllabus, and effective preparation strategies.
Introduction to Judicial Service Examination in India:
The Judicial Service Examination in India is conducted at the state level under the State Judicial Service for the recruitment of Civil judges. Various State Public Service Commissions and High Courts conduct it. These exams are known for their rigorous standards and are recognized as the most prestigious competitive exams in the country.
Judicial Service Exam Eligibility:
Aspirants willing to appear in Judicial Service Exam should have the following eligibility:
Educational Qualification: Bachelor’s degree in Law (LL.B/BA.LL.B) from a recognized university.
Age Limit: Generally, the age limit is between 21 to 35 years, although it may vary slightly depending on the state.
Nationality: Must be an Indian citizen.
Note: Apart from these eligibility requirements, in many states it is also necessary to be registered as an advocate.
Pattern and Syllabus of Judicial Service Examination in India
The State Judicial Service Examination is conducted in three levels:
1. Prelims: This is the initial level of judicial examination. It is an objective type examination with multiple choice questions. It is conducted as a screening test to shortlist candidates for the main examination.
Subjects included: General knowledge, current affairs, general principles and provisions of the Indian Constitution and criminal and civil laws, and questions based on general Hindi and English in many states are asked.
2. Mains: The second level of judicial examination is the main examination. It is a descriptive type of written examination. In this, the knowledge of the candidates on substantive and procedural laws is evaluated.
Subjects included: Civil law, criminal law, constitutional law, evidence and procedural law (Code of Civil Procedure and Code of Criminal Procedure). Apart from this, there is a question paper on language in which one has to write articles/essays on social and legal topics in Hindi and English, in which abbreviations have to be done. Many states also include judgment writing.
3. Interview (Viva Voce): The final stage of the Judicial Service Examination assesses the candidate’s personality, communication skills, and suitability for the judicial role.
Important tips for preparing for the judicial service exam:
Understanding the syllabus: For preparing for the judicial exam, first of all you should know the syllabus. Syllabus will give you an understanding of the important subjects of the exam. This will help in making a strategy as to how much time and importance to give to which subject. Overview of previous years’ question papers: To understand the format of the exam and to make a precise study strategy, take a general look at the previous years’ question papers. Study strategy: Once you have understood the syllabus and format of judicial exam, it will be easy to make a strategy. Make a strategy that will allow you to study all the subjects of your syllabus completely and in depth. This can be monthly or yearly according to the date of the exam. Most importantly, it is important to study regularly. Refer to Bare Acts and Textbooks: For judicial service, study the original Acts in detail. Read all the important topics, especially the major principles of the Constitution along with major case laws. Use standard textbooks and material for a better understanding of the Bare Acts. Read here which books these can be. Current Affairs and Others: Apart from studying the core subjects, you should also study current affairs in Hindi and English. To stay updated on matters related to the judiciary and the country, read newspapers regularly and also visit judiciaryexam.com.
Practice Previous Year Question Papers: Once you have studied your subjects, solve previous year question papers to improve your time management and preparation.
Join Coaching Institute (Optional): If necessary, consider joining a good coaching institute. It is important that your teachers are able to explain and interpret the Acts in detail. Where also special guidance and regular mock tests are provided.
Revise: The most important thing for judicial exams is to remember the provisions. The best way to do this is to regularly revise the Acts you have studied.
Conclusion
Cracking judicial exams in India requires a combination of hard work, dedication, and strategic planning. By understanding the eligibility criteria, the exam pattern, and following effective preparation tips, aspiring candidates can increase their chances of success. Remember, perseverance and regular study and effort are the keys to realising your dream of becoming a judge.
