Inter – state Relations Introduction · Successful federal system depends on the harmonious Relations between the Centre & state and also between states – inter- states. · Constitution regarding to 4 inter-state comities. (a) INTER-STATE WATER DISPUTES Article 262 → Adjudication of inter-state water disputes. → Parl. may provide Adjudication n on these and …
Centre- State Relation Introduction · Federal– divides all powers (legislative, executive and financial) · No division in Judicial system – Integrated Judicial · Max harmony & coordination b/w them – for effective Centre state relation. Legislative Relations Art 245- 255 – Part XI Territorial extent of Centre & state Legislature [Art 245] · …
Federal System Federal Govt · Dual Govt (i.e. national government and regional government) · Written Constitution · Division of powers b/w the national and regional govt. · Supremacy of the Constitution · Rigid Constitution · Independent judiciary · Bicameral legislature (upper House →Represent states & L. House → represent people of India as whole Non-Federal …
Introduction – Constitution of India provides for a parliamentary form of government, both at State (Art. 163 & 164) and Centre (Article 74 & 75). Parl. Govt – Executive is responsible → to the legislature for its policies and acts Presidential system Not responsible to the legislature for its policies and act Cabinet Govt Parliamentary …
Shankari Prasadh Case (1951) · First amendment act 1951 – Article 31A added (Right to property) · Right to property was challenged · SC: Power to amend the Constitution under Art 368 includes power to amend the FR · Art 13 “law” includes – only ordinary laws and not CAA · Parliament can abridge FR …
Procedure for Amendment 1. Amendment allows the constitution to adjust to society as it changes. 2. Article 368 (Part XX) – Power of the Parliament to amend the constitution and procedure therefore. Ø Parliament can add, change or repeat any provision of the Constitution in accordance with the procedure. Ø SC in Keshvananda Bharti case …
What are Fundamental Duties:- 1. Rights and duties: Correlative, inseparable 2. Original constitution: only rights, no duties for citizens. Ø Duties of states: DPSP 3. FDs added with the 42nd CA 1976. Ø One more through the 86th CA 2002. (Right to Edu. Amendment) 4. Inspired by USSR, where rights and duties were inseparable Ø …
Not Enforceable (36-51) – Part IV · From Irish Constitution (Spanish) · Non-Justiciable Directive Principles of State Policy: 1. Sir BN Rao: Constitutional Advisor to the Constituent Assembly Ø Recommended two categories for individual rights Ø Justiciable and non- Justiciable. Ø Justiciable: FR. Ø Non- Justiciable: DPSPs. 2. Part 4 (DPSPs) 3. Article 36-51 4. …
Part-3 of Constitution “Magna Carta of India” Derived from the Constitution of USA [Bill of Rights] · Also “The Corner stone of the Constitution” & · Together with DPSP (Part -4), called “The Conscience of the Constitution”. · Guaranteed – uphold equality of all – target larger public interest · Aim – establishing – ‘a …
Meaning of Citizenship India: 1. Citizens 2. Aliens a) Friendly: subjects of those countries that have cordial relations with India b) Enemy: subjects those countries which is at war with India · Citizens: members of the state, owe allegiance, enjoy rights, shoulder responsibilities · Aliens do not enjoy all rights: they are members of …