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Showing posts with the label First-tier government

42nd CONSTITUTIONAL AMENDMENT ACT : Mini Constitution

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  42nd Constitutional Amendment Act : Mini Constitution  Let's go back into the History, we had a very powerful Prime Minister named Indira Gandhi . An alligation had Benn imposed on Indira Gandhi about the Electoral Misconduct. Since, she was PM and executive powers by influencing the electoral results. So, one major case arised Raj Narayan Vs Indira Nehru Gandhi  (Raj Narayan was the opponent of Indira Gandhi in 1971 Lok Sabha Election). In Allahabad High Court, on 12th June 1975, one huge landmark Judgement came i.e. Indira Gandhi found guilty in Electoral Misconduct: An Order By Justice Sinha(the sitting judge of Allahabad High court). After that Indira Gandhi went back to Delhi and saw that Jai Prakash Narayan along with Bihar Chhatra Sangharsh Samiti was doing a rally against the corruption of Indira Gandhi with a slogan of "Simhasan Khaali Karo Janta Aati Hain"  .         <<<<%% Get A Link Now %%>>>> Finally, u...

SEPERATION OF POWER VS SEPERATION OF FUNCTION; JUDICIAL ACTIVISM; ROLE OF SPEAKER; SPEAKER PRO-TEM

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  POWER CONCEPT :--         Long time back during the monarchy period, all the powers vested in the hand of only one person i.e. KING/QUEEN. And we all knew that power is intoxicant so, in order to gain more power that single authority, misuses the existing powers which pulls back the development of the STATE and welfare of people.         So, taking in views these all things, the Political Philosopher portraits that, if the STATE has to develop and think upon the welfare of the citizens/people then we must have to do something about the concentration of power. Long time back, ARISTOTLE proposed that there shall not be concentration of power in only one hand. Lator on, MONTESQUIEU proposed that components of the STATE. He portraits that there are three three components of STATE: LEGISLATURE, EXECUTIVE, JUDICIARY.  So, if the STATE wants to function smoothly then the power should not be vested in only one person. It must be distributed am...

CENTRE-SYATE RELATIONSHIP : LEGISLATIVE AND ADMINISTRATIVE

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  ❇️ Centre State Legislative Relationship           Article 245 to Article 255 deals with the Legislative Relationship between the Centre and the State.         ARTICLE 245 : TERRITORIAL JURISDICTION....              ๐Ÿ‘‰It talks about the extent of laws made by Parliament and Legislature of State i.e.                     ๐Ÿ”น Parliament can make laws for the whole or any part of the territory of India and State will make laws for the whole or any part of the State.                  ๐Ÿ”นOnly Centre/Parliament can make laws on matters outside India (extra territorial jurisdiction) but somehow related to India. Which means on the basis of DOCTRINE OF TERRITORIAL NEXUS.         ARTICLE 246 : SUBJECT MATTER JURISDICTION......                 ๐Ÿ‘‰As it ment...

MERCY OR CLEMENCY POWERS OF THE PRESIDENT AND THE GOVERNOR; JUDICIARY PROCESSES; MINERVA MILLS CASE; SHATRUGHAN CHAUHAN VS UNION OF INDIA CASE

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 ❇️POWERS OF CLEMENCY - MERCY It is an extraordinary power or we can call it as the Royal Powers Of Pardon.     ARTICLE 72 :   Power of President to grant Pardons, etc and to suspend, remit or commute sentences in Certain Cases.     At any stage before the death or before the execution of fansi, the accused person ( from any level of judiciary i.e. subordinate courts, HC or SC) can go for mercy to President through Article 72 and to the Governor through Article 161.       ARTICLE 161 : Power of Governor to grant Pardons.   If the accused person will apply for clemency to both President and Governor then  (the following table shows the results of clemency applications)                 President.     Governor.     Result   1)๐Ÿ”น          ✔️                        ✔️  ...

RUBBER STAMP OFFICE AND FUNCTION OF PARLIAMENT WITHOUT PRESIDENT

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  Rubber Stamp Office : The office of Parliament is called the Office Of Ceremony but it is a very crucial office in Indian Democracy. We cannot call the Office Of President, a Rubber Stamp Office despite of the fact that he is the Formal Head Executive and generally works on the advice of the Union Council Of Ministers headed by Prime Minister.     The reasons behind the big "NO"  for the Rubber Stamp Office are many more and thay are :      ๐Ÿ’  ARTICLE 79,  which state that President is the part of the Parliament, despite of the fact that he/she is not the member of Parliament.    ๐Ÿ’ The most crucial reason is that he/she acts as a Friend, Philosopher, Guide  to the Prime Minister and help the Legislature with his wisdom and knowledge.    ๐Ÿ’ The third reason is, we respect our President very much as we call him The First Citizen Of INDIA.    ๐Ÿ’  Discretionary Power of President cannot be influenced by anyone. As he...

PRESIDENT : Roles Of The President Of INDIA

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  PRESIDENT OF INDIA President of India is the Formal Head Executive  ( all the executive decision are taken on the name of the President  ). He is also the Nominal Head Of The State   and works as a connecting dots of almost every components of all the state of INDIA. In ARTICL 52 , it has been stated that " there shall be a President of INDIA"  . [ * It is obligatory not optional] The President Of INDIA exercises powers which have been listed in ARTICLE 53 :       ARTICLE 53 : All the executive powers of STATE shall belong to President who can use it either directly or through offices subordinate to him.         ✴️ Directly Exercised         ✴️ Exercised through offices subordinate to him                     ๐Ÿ”ธ These include UNION COUNCIL OF MINISTERS which has been listed in ARTICLE 74.                   { ...

BUDGET : THE PROCESS INVOLVED IN BUDGETARY PROCESS IN INDIA

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  ⭕ STEPS INVOLVED IN BUDGETARY PROCESS :--     ❇️ Presentation of Budget ❇️ General Discussion ❇️ Scrutiny by DRSC {Department Related Standing Committee} ❇️ Voting for Demands For Grants {DFGs} ❇️ Appropriation Bill ❇️ Finance Bill ✳️ Presentation of Budget  At first, presentation of Budget is done in Lok Sabha and is being initiated by Finance Minister along with Budget Speech.           ๐Ÿ”ธ Budget Speech : When ministry of Finance comes and present the Budget in Lok Sabha then it is known as Budget Speech. But after it is being introduced in Lok Sabha, it is also introduced in Rajya Sabha.           * It is introduced on 1 February of current year at 11 A.M. ✳️General Discussion  The discussion of overall highlighted points of the Budget is done and it is donne in both Lok Sabha as well as Rajya Sabha.        This lasts for almost 3-4 days and No Cut Motions are allowed in general disc...