CONSTITUTION 1 notes
The presidential system is a form of government in which the executive and legislative branches of government are separate and there is mutual independence between the two. In this system, the executive and legislature are elected separately and have independent powers. According to J. W. Gamer (1952), presidential form of government “is that system in …
The parliamentary system refers to that form of government in which the executive and legislative branches of government are fused. In it, the executive is drawn from the legislature, remains responsible and accountable to it and may be dismissed by it. J. W. Gamer (1952) insists that parliamentary form of government “is that system in …
Introduction The term “Separation of Powers‟ was coined by a French Jurist Montesquieu in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judicial. According to Montesquieu, there can be …
Governor is a nominal executive head of the state. He forms an important part of the state executive where he acts as the chief executive head. Central Government nominates the governor for each state. Article 153 – The Governor There shall be a Governor for each State: Provided that nothing in this article shall prevent …
India has a land border of over 15,000 kms, which it shares with seven countries (Pakistan, China, Bangladesh, Nepal, Myanmar, Bhutan, and Afghanistan). Further, it has a coastline of over 7,500 kms. Thus, it becomes important that we develop capabilities to protect our border areas in varied terrains, with multiple countries with whom we have very different security relationships. In …
Terrorism, Boundary disputes, Deployment of security forces etc Read More »
Article 244 and 244 A The fifth schedule provides that the executive power of the state extends to the scheduled Areas. Governor has a special responsibility regarding such areas. He is required to make a report to the president annually or whenever required by the president regarding the administration of these areas. Tribal Advisory Council …
Part XXI of the Constitution deals with the special provisions for certain states. There are a few states that have been designated as special categories. The concept of Special Category Status emerged in 1969 when the Gadgil formula was approved. Some states require specific treatment due to their non-uniformity, unequal development, tribal areas, backwardness, and …
Recently, several states have complained about the growing crisis of Indian federalism. They have argued about the Ordinances and the Bills brought by the Centre which encroaches on their area of legislation, which is an assault on the federal structure of the Constitution. Key Points Federal Issues Raised by States: The refusal of the Central government of its …
Federal Comity – Relationship of trust and faith between Centre and State Read More »
Emergency Provisions Three different categories: National Emergency – due to war, external aggression or armed rebellion (Article 352) State Emergency – due to the failure of constitutional Machinery in state (Article 356) Financial Emergency (Article 360) Failure of constitutional Machinery in State – Article 356 State Emergency This is popularly known as ‘President’s Rule’. Article 356 empowers …
Direction of the Centre to the State under Article 356 and 365 Read More »
Article 355 – Duty of the Union to protect States against external aggression and internal disturbance. The framers of constitution felt that, in an emergency, the centre should have overriding powers to control and direct all aspects of administration and legislation throughout the country. The constitution envisages three types of emergencies:- Emergency arising from threat …
Center’s Responsibility and Internal Disturbance within States Read More »
