jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
India in 1998	12. Legislative competence of the Centre and States on the	subject of natural gas and liquefied natural gas in 2001
13. The constitutional validity of the Election Commission’s	decision on deferring the Gujarat Assembly Elections in	2002
14. Punjab Termination of Agreements Act in 2004	15. 2G spectrum case verdict and the mandatory auctioning of	natural resources across all sectors in 2012
5. A Court of Record	As a Court of Record, the Supreme Court has two powers:	(a) The judgements, proceedings and acts of the Supreme Court
records are admitted to be of evidentiary value and cannot be	questioned when produced before any court. They are	recognised as legal precedents and legal references.
(b) It has power to punish for contempt of court, either with	simple imprisonment for a term up to six months or with fine	up to ₹2,000 or with both. In 1991, the Supreme Court has
ruled that it has power to punish for contempt not only of	itself but also of high courts, subordinate courts and tribunals	functioning in the entire country.
Contempt of court may be civil or criminal. Civil contempt	means wilful disobedience to any judgement, order, writ or other	process of a court or wilful breach of an undertaking given to a
court. Criminal contempt means the publication of any matter or	doing an act which–(i) scandalises or lowers the authority of a	court; or (ii) prejudices or interferes with the due course of a
judicial proceeding; or (iii) interferes or obstructs the	administration of justice in any other manner.	However, innocent publication and distribution of some matter,
fair and accurate report of judicial proceedings, fair and	reasonable criticism of judicial acts and comment on the	administrative side of the judiciary do not amount to contempt of
court.	6. Power of Judicial Review	Judicial review is the power of the Supreme Court to examine the
constitutionality of legislative enactments and executive orders of	both the Central and state governments. On examination, if they	are found to be violative of the Constitution (ultra-vires), they can
be declared as illegal, unconstitutional and invalid (null and void)	by the Supreme Court. Consequently, they cannot be enforced by	the Government.
7. Constitutional Interpretation	The Supreme Court is the ultimate interpreter of the Constitution.	It can give final version to the spirit and content of the provisions
While interpreting the constitution, the Supreme Court is guided	by a number of doctrines. In other words, the Supreme Court	applies various doctrines in interpreting the constitution. The
important doctrines are mentioned below:	1. Doctrine of Severability	2. Doctrine of Waiver
3. Doctrine of Eclipse	4. Doctrine of Territorial Nexus	5. Doctrine of Pith and Substance
6. Doctrine of Colourable Legislation	7. Doctrine of Implied Powers	8. Doctrine of Incidental and Ancillary Powers
9. Doctrine of Precedent	10. Doctrine of Occupied Field	11. Doctrine of Prospective Overruling
12. Doctrine of Harmonious Construction	13. Doctrine of Liberal Interpretation	8. Other Powers
Besides the above, the Supreme Court has numerous other	powers:	(a) It decides the disputes regarding the election of the president
and the vicepresident. In this regard, it has the original,	exclusive and final authority.	(b) It enquires into the conduct and behaviour of the chairman
and members of the Union Public Service Commission on a	reference made by the president. If it finds them guilty of	misbehaviour, it can recommend to the president for their
removal. The advice tendered by the Supreme Court in this	regard is binding on the President.	(c) It has power to review its own judgement or order. Thus, it is
not bound by its previous decision and can depart from it in	the interest of justice or community welfare. In brief, the	Supreme Court is a self-correcting agency. For example, in
the Kesavananda Bharati case (1973), the Supreme Court	departed from its previous judgement in the Golak Nath case	(1967).
(d) It is authorised to withdraw the cases pending before the	high courts and dispose them by itself. It can also transfer a	case or appeal pending before one high court to another high
court.	(e) Its law is binding on all courts in India. Its decree or order is	enforceable throughout the country. All authorities (civil and
judicial) in the country should act in aid of the Supreme	Court.	(f) It has power of judicial superintendence and control over all
the courts and tribunals functioning in the entire territory of	the country.	The Supreme Court’s jurisdiction and powers with respect to
matters in the Union list can be enlarged by the Parliament.	Further, its jurisdiction and powers with respect to other matters	can be enlarged by a special agreement of the Centre and the
SUPREME COURT ADVOCATES	Three categories of Advocates are entitled to practice law before	the Supreme Court. They are:
1. Senior Advocates	These are Advocates who are designated as Senior Advocates by	the Supreme Court of India or by any High Court. The Court can
designate any Advocate, with his consent, as Senior Advocate if	in its opinion by virtue of his ability, standing at the Bar or special	knowledge or experience in law the said Advocate is deserving of
such distinction. A Senior Advocate is not entitled to appear	without an Advocate-on-Record in the Supreme Court or without a	junior in any other court or tribunal in India. He is also not entitled
to accept instructions to draw pleadings or affidavits, advise on	evidence or do any drafting work of an analogous kind in any	court or tribunal in India or undertake conveyancing work of any
kind whatsoever but this prohibition shall not extend to settling any	such matter as aforesaid in consultation with a junior.	2. Advocates-on-Record
Only these advocates are entitled to file any matter or document	before the Supreme Court. They can also file an appearance or	act for a party in the Supreme Court.
3. Other Advocates	These are advocates whose names are entered on the roll of any	State Bar Council maintained under the Advocates Act, 1961 and
they can appear and argue any matter on behalf of a party in the	Supreme Court but they are not entitled to file any document or	matter before the Court.
Table 26.1 Comparing Indian and American Supreme Courts	Indian Supreme Court American Supreme Court	1. Its original jurisdiction is 1. Its original jurisdiction covers
forces, maritime activities,	ambassadors, etc.	2. Its appellate jurisdiction 2. Its appellate jurisdiction is
covers constitutional, civil confined to constitutional	and criminal cases. cases only.	3. It has a very wide discretion 3. It has no such plenary
to grant special leave to power.	appeal in any matter against	the judgement of any court
or tribunal (except military).	4. It has advisory jurisdiction. 4. It has no advisory	jurisdiction.
5. Its scope of judicial review is 5. Its scope of judicial review is	limited. very wide.	6. It defends rights of the 6. It defends rights of the
citizen according to the citizen according to the ‘due	‘procedure established by process of law’.	law’.
7. Its jurisdiction and powers 7. Its jurisdiction and powers	can be enlarged by are limited to that conferred	Parliament. by the Constitution.
8. It has power of judicial 8. It has no such power due to	superintendence and control double (or separated) judicial	over state high courts due to system.
integrated judicial system.	Table 26.2 Articles Related to Supreme Court at a Glance	Article No. Subject Matter
124. Establishment and Constitution of Supreme Court	124A. National Judicial Appointments Commission	124B. Functions of Commission
126. Appointment of acting Chief Justice	127. Appointment of ad hoc Judges	128. Attendance of retired Judges at sittings of the
Supreme Court	129. Supreme Court to be a court of record	130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court	131A. Exclusive jurisdiction of the Supreme Court in	regard to questions as to constitutional validity of
Central Laws (Repealed)	132. Appellate jurisdiction of Supreme Court in	appeals from High Courts in certain cases
133. Appellate jurisdiction of Supreme Court in	appeals from High Courts in regard to civil	matters
134. Appellate jurisdiction of Supreme Court in regard	to criminal matters	134A. Certificate for appeal to the Supreme Court
135. Jurisdiction and powers of the Federal Court	under existing law to be exercisable by the	Supreme Court
136. Special leave to appeal by the Supreme Court	137. Review of judgments or orders by the Supreme	Court
138. Enlargement of the jurisdiction of the Supreme	Court	139. Conferment on the Supreme Court of powers to
issue certain writs	139A. Transfer of certain cases	140. Ancillary powers of Supreme Court
142. Enforcement of decrees and orders of Supreme	Court and orders as to discovery, etc.	143. Power of President to consult Supreme Court
144. Civil and judicial authorities to act in aid of the	Supreme Court	144A. Special provisions as to disposal of questions
relating to constitutional validity of laws	(Repealed)	145. Rules of court, etc.
146. Officers and servants and the expenses of the	Supreme Court	147. Interpretation
NOTES AND REFERENCES	1. Before 1950, the British Privy Council had the	jurisdiction to hear appeals from India.
2. In Re-Presidential Reference (1998). The president	sought the Supreme Court’s opinion (under Article 143)	on certain doubts over the Consultation process to be
adopted by the chief justice of India as stipulated in the	1993 case.	2a. Supreme Court Advocates-on-Record Association and
another Vs. Union of India (2015).	3. A.N. Ray was fourth in seniority. The three superseded	judges were J.M. Shelat, K.S. Hegde and A.N. Grover.
All the three judges resigned from the Supreme Court.	They were superseded due to their judgement in	Kesavananda Bharati case (1973), which was not
favourable to the Government.	4. He was H.R. Khanna and he too resigned. His	dissenting judgement upholding the right to life even
during emergency in the ADM Jabalpur v Shivkant	Shukla case (1976) was not appreciated by the	Government.
5. An impeachment motion for the removal of a judge does	not lapse on the dissolution of the Lok Sabha.	6. In 1950, their salaries were fixed at ₹5,000 per month
and ₹4,000 per month respectively. In 1986, their	salaries were raised to ₹10,000 per month and ₹9,000	per month respectively. In 1998, their salaries were
raised to ₹33,000 per month and ₹30,000 per month	respectively. In 2009, their salaries were raised to ₹1	lakh per month and ₹90,000 per month respectively.
7. The Criminal Procedure Code (1973) has effected the	separation of Judiciary from the Executive (Article 50	under the Directive Principles of State Policy).
8. Pre-Constitution means that, which have been entered	into or executed before the commencement of the	Constitution and which continues to be in operation after
such commencement.	9. This means that the inter-government agreements (i.e.,	the agreements between states or between Centre and
states) can exclude the original jurisdiction of the	Supreme Court in so far as the disputes arising out of	them are concerned.
10. The Inter-State Water Disputes Act of 1956 has	excluded the original jurisdiction of the Supreme Court	in disputes between states with respect to the use,
distribution or control of the water of inter-state river or	river valley.	11. These include treaties, covenants, etc. between the
27 Judicial Review	T	he doctrine of judicial review originated and developed in
the USA. It was propounded for the first time in the famous	case of Marbury versus Madison (1803) by John Marshall,	the then chief justice of the American Supreme Court.
In India, on the other hand, the Constitution itself confers the	power of judicial review on the judiciary (both the Supreme Court	as well as High Courts). Further, the Supreme Court has declared
the power of judicial review as a basic feature of the Constitution	or an element of the basic structure of the Constitution. Hence,	the power of judicial review cannot be curtailed or excluded even
MEANING OF JUDICIAL REVIEW	Judicial review is the power of the judiciary to examine the	constitutionality of legislative enactments and executive orders of
both the Central and State governments. On examination, if they	are found to be violative of the Constitution (ultra vires), they can	be declared as illegal, unconstitutional and invalid (null and void)
by the judiciary. Consequently, they cannot be enforced by the	Government.	Justice Syed Shah Mohamed Quadri has classified the judicial
review into the following three categories1 :	1. Judicial review of constitutional amendments.	2. Judicial review of legislation of the Parliament and State
Legislatures and subordinate legislations.	3. Judicial review of administrative action of the Union and	State and authorities under the state.
The Supreme Court used the power of judicial review in various	cases, as for example, the Golaknath case (1967), the Bank	Nationalisation case (1970), the Privy Purses Abolition case
(1971), the Kesavananda Bharati case (1973), the Minerva Mills	case (1980), and so on.	In 2015, the Supreme Court declared both the 99th
Constitutional Amendment, 2014 and the National Judicial	Appointments Commission (NJAC) Act, 2014 as unconstitutional	and null and void.
IMPORTANCE OF JUDICIAL REVIEW	Judicial review is needed for the following reasons:	(a) To uphold the principle of the supremacy of the Constitution.
(b) To maintain federal equilibrium (balance between the Centre	and the states).	(c) To protect the Fundamental Rights of the citizens.
In a number of cases, the Supreme Court has pointed out the	significance of the power of judicial review in our country. Some of	the observations made by it, in this regard, are given below:
“In India it is the Constitution that is supreme and that a statute	law to be valid, must be in conformity with the constitutional	requirements and it is for the judiciary to decide whether any
enactment is constitutional or not”.2	“Our constitution contains express provisions for judicial review	of legislation as to its conformity with the constitution. This is
especially true as regards the Fundamental Rights, to which the	court has been assigned the role of sentinel on the qui vive”.3	“As long as some Fundamental Rights exist and are a part of

India in 1998

12. Legislative competence of the Centre and States on the

subject of natural gas and liquefied natural gas in 2001

13. The constitutional validity of the Election Commission’s

decision on deferring the Gujarat Assembly Elections in

2002

14. Punjab Termination of Agreements Act in 2004

15. 2G spectrum case verdict and the mandatory auctioning of

natural resources across all sectors in 2012

5. A Court of Record

As a Court of Record, the Supreme Court has two powers:

(a) The judgements, proceedings and acts of the Supreme Court

records are admitted to be of evidentiary value and cannot be

questioned when produced before any court. They are

recognised as legal precedents and legal references.

(b) It has power to punish for contempt of court, either with

simple imprisonment for a term up to six months or with fine

up to ₹2,000 or with both. In 1991, the Supreme Court has

ruled that it has power to punish for contempt not only of

itself but also of high courts, subordinate courts and tribunals

functioning in the entire country.

Contempt of court may be civil or criminal. Civil contempt

means wilful disobedience to any judgement, order, writ or other

process of a court or wilful breach of an undertaking given to a

court. Criminal contempt means the publication of any matter or

doing an act which–(i) scandalises or lowers the authority of a

court; or (ii) prejudices or interferes with the due course of a

judicial proceeding; or (iii) interferes or obstructs the

administration of justice in any other manner.

However, innocent publication and distribution of some matter,

fair and accurate report of judicial proceedings, fair and

reasonable criticism of judicial acts and comment on the

administrative side of the judiciary do not amount to contempt of

court.

6. Power of Judicial Review

Judicial review is the power of the Supreme Court to examine the

constitutionality of legislative enactments and executive orders of

both the Central and state governments. On examination, if they

are found to be violative of the Constitution (ultra-vires), they can

be declared as illegal, unconstitutional and invalid (null and void)

by the Supreme Court. Consequently, they cannot be enforced by

the Government.

7. Constitutional Interpretation

The Supreme Court is the ultimate interpreter of the Constitution.

It can give final version to the spirit and content of the provisions

While interpreting the constitution, the Supreme Court is guided

by a number of doctrines. In other words, the Supreme Court

applies various doctrines in interpreting the constitution. The

important doctrines are mentioned below:

1. Doctrine of Severability

2. Doctrine of Waiver

3. Doctrine of Eclipse

4. Doctrine of Territorial Nexus

5. Doctrine of Pith and Substance

6. Doctrine of Colourable Legislation

7. Doctrine of Implied Powers

8. Doctrine of Incidental and Ancillary Powers

9. Doctrine of Precedent

10. Doctrine of Occupied Field

11. Doctrine of Prospective Overruling

12. Doctrine of Harmonious Construction

13. Doctrine of Liberal Interpretation

8. Other Powers

Besides the above, the Supreme Court has numerous other

powers:

(a) It decides the disputes regarding the election of the president

and the vicepresident. In this regard, it has the original,

exclusive and final authority.

(b) It enquires into the conduct and behaviour of the chairman

and members of the Union Public Service Commission on a

reference made by the president. If it finds them guilty of

misbehaviour, it can recommend to the president for their

removal. The advice tendered by the Supreme Court in this

regard is binding on the President.

(c) It has power to review its own judgement or order. Thus, it is

not bound by its previous decision and can depart from it in

the interest of justice or community welfare. In brief, the

Supreme Court is a self-correcting agency. For example, in

the Kesavananda Bharati case (1973), the Supreme Court

departed from its previous judgement in the Golak Nath case

(1967).

(d) It is authorised to withdraw the cases pending before the

high courts and dispose them by itself. It can also transfer a

case or appeal pending before one high court to another high

court.

(e) Its law is binding on all courts in India. Its decree or order is

enforceable throughout the country. All authorities (civil and

judicial) in the country should act in aid of the Supreme

Court.

(f) It has power of judicial superintendence and control over all

the courts and tribunals functioning in the entire territory of

the country.

The Supreme Court’s jurisdiction and powers with respect to

matters in the Union list can be enlarged by the Parliament.

Further, its jurisdiction and powers with respect to other matters

can be enlarged by a special agreement of the Centre and the

SUPREME COURT ADVOCATES

Three categories of Advocates are entitled to practice law before

the Supreme Court. They are:

1. Senior Advocates

These are Advocates who are designated as Senior Advocates by

the Supreme Court of India or by any High Court. The Court can

designate any Advocate, with his consent, as Senior Advocate if

in its opinion by virtue of his ability, standing at the Bar or special

knowledge or experience in law the said Advocate is deserving of

such distinction. A Senior Advocate is not entitled to appear

without an Advocate-on-Record in the Supreme Court or without a

junior in any other court or tribunal in India. He is also not entitled

to accept instructions to draw pleadings or affidavits, advise on

evidence or do any drafting work of an analogous kind in any

court or tribunal in India or undertake conveyancing work of any

kind whatsoever but this prohibition shall not extend to settling any

such matter as aforesaid in consultation with a junior.

2. Advocates-on-Record

Only these advocates are entitled to file any matter or document

before the Supreme Court. They can also file an appearance or

act for a party in the Supreme Court.

3. Other Advocates

These are advocates whose names are entered on the roll of any

State Bar Council maintained under the Advocates Act, 1961 and

they can appear and argue any matter on behalf of a party in the

Supreme Court but they are not entitled to file any document or

matter before the Court.

Table 26.1 Comparing Indian and American Supreme Courts

Indian Supreme Court American Supreme Court

1. Its original jurisdiction is 1. Its original jurisdiction covers

forces, maritime activities,

ambassadors, etc.

2. Its appellate jurisdiction 2. Its appellate jurisdiction is

covers constitutional, civil confined to constitutional

and criminal cases. cases only.

3. It has a very wide discretion 3. It has no such plenary

to grant special leave to power.

appeal in any matter against

the judgement of any court

or tribunal (except military).

4. It has advisory jurisdiction. 4. It has no advisory

jurisdiction.

5. Its scope of judicial review is 5. Its scope of judicial review is

limited. very wide.

6. It defends rights of the 6. It defends rights of the

citizen according to the citizen according to the ‘due

‘procedure established by process of law’.

law’.

7. Its jurisdiction and powers 7. Its jurisdiction and powers

can be enlarged by are limited to that conferred

Parliament. by the Constitution.

8. It has power of judicial 8. It has no such power due to

superintendence and control double (or separated) judicial

over state high courts due to system.

integrated judicial system.

Table 26.2 Articles Related to Supreme Court at a Glance

Article No. Subject Matter

124. Establishment and Constitution of Supreme Court

124A. National Judicial Appointments Commission

124B. Functions of Commission

126. Appointment of acting Chief Justice

127. Appointment of ad hoc Judges

128. Attendance of retired Judges at sittings of the

Supreme Court

129. Supreme Court to be a court of record

130. Seat of Supreme Court

131. Original jurisdiction of the Supreme Court

131A. Exclusive jurisdiction of the Supreme Court in

regard to questions as to constitutional validity of

Central Laws (Repealed)

132. Appellate jurisdiction of Supreme Court in

appeals from High Courts in certain cases

133. Appellate jurisdiction of Supreme Court in

appeals from High Courts in regard to civil

matters

134. Appellate jurisdiction of Supreme Court in regard

to criminal matters

134A. Certificate for appeal to the Supreme Court

135. Jurisdiction and powers of the Federal Court

under existing law to be exercisable by the

Supreme Court

136. Special leave to appeal by the Supreme Court

137. Review of judgments or orders by the Supreme

Court

138. Enlargement of the jurisdiction of the Supreme

Court

139. Conferment on the Supreme Court of powers to

issue certain writs

139A. Transfer of certain cases

140. Ancillary powers of Supreme Court

142. Enforcement of decrees and orders of Supreme

Court and orders as to discovery, etc.

143. Power of President to consult Supreme Court

144. Civil and judicial authorities to act in aid of the

Supreme Court

144A. Special provisions as to disposal of questions

relating to constitutional validity of laws

(Repealed)

145. Rules of court, etc.

146. Officers and servants and the expenses of the

Supreme Court

147. Interpretation

NOTES AND REFERENCES

1. Before 1950, the British Privy Council had the

jurisdiction to hear appeals from India.

2. In Re-Presidential Reference (1998). The president

sought the Supreme Court’s opinion (under Article 143)

on certain doubts over the Consultation process to be

adopted by the chief justice of India as stipulated in the

1993 case.

2a. Supreme Court Advocates-on-Record Association and

another Vs. Union of India (2015).

3. A.N. Ray was fourth in seniority. The three superseded

judges were J.M. Shelat, K.S. Hegde and A.N. Grover.

All the three judges resigned from the Supreme Court.

They were superseded due to their judgement in

Kesavananda Bharati case (1973), which was not

favourable to the Government.

4. He was H.R. Khanna and he too resigned. His

dissenting judgement upholding the right to life even

during emergency in the ADM Jabalpur v Shivkant

Shukla case (1976) was not appreciated by the

Government.

5. An impeachment motion for the removal of a judge does

not lapse on the dissolution of the Lok Sabha.

6. In 1950, their salaries were fixed at ₹5,000 per month

and ₹4,000 per month respectively. In 1986, their

salaries were raised to ₹10,000 per month and ₹9,000

per month respectively. In 1998, their salaries were

raised to ₹33,000 per month and ₹30,000 per month

respectively. In 2009, their salaries were raised to ₹1

lakh per month and ₹90,000 per month respectively.

7. The Criminal Procedure Code (1973) has effected the

separation of Judiciary from the Executive (Article 50

under the Directive Principles of State Policy).

8. Pre-Constitution means that, which have been entered

into or executed before the commencement of the

Constitution and which continues to be in operation after

such commencement.

9. This means that the inter-government agreements (i.e.,

the agreements between states or between Centre and

states) can exclude the original jurisdiction of the

Supreme Court in so far as the disputes arising out of

them are concerned.

10. The Inter-State Water Disputes Act of 1956 has

excluded the original jurisdiction of the Supreme Court

in disputes between states with respect to the use,

distribution or control of the water of inter-state river or

river valley.

11. These include treaties, covenants, etc. between the

27 Judicial Review

T

he doctrine of judicial review originated and developed in

the USA. It was propounded for the first time in the famous

case of Marbury versus Madison (1803) by John Marshall,

the then chief justice of the American Supreme Court.

In India, on the other hand, the Constitution itself confers the

power of judicial review on the judiciary (both the Supreme Court

as well as High Courts). Further, the Supreme Court has declared

the power of judicial review as a basic feature of the Constitution

or an element of the basic structure of the Constitution. Hence,

the power of judicial review cannot be curtailed or excluded even

MEANING OF JUDICIAL REVIEW

Judicial review is the power of the judiciary to examine the

constitutionality of legislative enactments and executive orders of

both the Central and State governments. On examination, if they

are found to be violative of the Constitution (ultra vires), they can

be declared as illegal, unconstitutional and invalid (null and void)

by the judiciary. Consequently, they cannot be enforced by the

Government.

Justice Syed Shah Mohamed Quadri has classified the judicial

review into the following three categories1 :

1. Judicial review of constitutional amendments.

2. Judicial review of legislation of the Parliament and State

Legislatures and subordinate legislations.

3. Judicial review of administrative action of the Union and

State and authorities under the state.

The Supreme Court used the power of judicial review in various

cases, as for example, the Golaknath case (1967), the Bank

Nationalisation case (1970), the Privy Purses Abolition case

(1971), the Kesavananda Bharati case (1973), the Minerva Mills

case (1980), and so on.

In 2015, the Supreme Court declared both the 99th

Constitutional Amendment, 2014 and the National Judicial

Appointments Commission (NJAC) Act, 2014 as unconstitutional

and null and void.

IMPORTANCE OF JUDICIAL REVIEW

Judicial review is needed for the following reasons:

(a) To uphold the principle of the supremacy of the Constitution.

(b) To maintain federal equilibrium (balance between the Centre

and the states).

(c) To protect the Fundamental Rights of the citizens.

In a number of cases, the Supreme Court has pointed out the

significance of the power of judicial review in our country. Some of

the observations made by it, in this regard, are given below:

“In India it is the Constitution that is supreme and that a statute

law to be valid, must be in conformity with the constitutional

requirements and it is for the judiciary to decide whether any

enactment is constitutional or not”.2

“Our constitution contains express provisions for judicial review

of legislation as to its conformity with the constitution. This is

especially true as regards the Fundamental Rights, to which the

court has been assigned the role of sentinel on the qui vive”.3

“As long as some Fundamental Rights exist and are a part of