of Authorities 2 List of Statutes 2 List of Cases 2 Introduction 4 Research Methodology 5 I. Federalism and the Constitution 7 II. The Bill and the Issue of Competence 9 A. A Brief Overview of the Bill 9 B. The Question of Constitutionality 10 III. The Issue of Constitutionality: Analysis and Opinion 13 Conclusion 20 Bibliography 21 Index of Authorities List of Statutes Constitution (42nd Amendment) Act‚ 1976. National Council of Teaching Education Act‚ 1993. Prevention of Unfair Practices in
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The Constitution envisages homogeneity to be brought about in respect of all aspects of Civil Law applicable to all Indians and Article 44 says that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. In fact‚ except for marriage‚ divorce‚ adoption and succession‚ all other aspects of personal Civil Law are covered by statutes‚ which apply to all Indians irrespective of their faith. For example‚ contract‚ transfer of property‚ tenancy relationships
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Paper II (Q) Discuss the origin and growth of regional parties in India. (marks 6) (A) When Indian democracy had its first elections in 1952‚ there were hardly any regional parties. That trend has changed considerably today and there are 47 regional parties and over 400 smaller parties. The main reasons for the origin and growth of regional parties in India can be summed up in the following points. In a large democracy like India‚ smaller parties always have a place and crucial role to play. Besides
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return a copy of the statement of reasons for such order. However the government of India‚ Ministry of External Affairs refused to produce any such reason in the interest of general public. Maneka Gandhi then filed a writ petition under Article 32 of the constitution in the Supreme Court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the constitution. The main issues before the court in this case were as follows; –whether right
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Centre State Relations in India In the Objective Resolution adopted on 22nd January 1947‚ the Constituent Assembly declared its firm and solemn resolve to make India an Independent Sovereign Republic‚ where the States shall possess and retain the status of autonomous units. By July 1947‚ the question of partition was resolved with the fulfillment of the demand for Pakistan. Hence‚ the provision for autonomy to the status was dropped in favour of a strong Centre. Dr. B.R. Ambedkar‚ while speaking
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present problem deals with the interpretation of Article 12 of the Constitution of India. Art. 12 to the Constitution of India states that “Definition In this part‚ unless the context otherwise requires‚ the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” Violation of fundamental rights can be claimed against both State
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INTRODUCTION--------The President of India is the head of state of the Republic of India. The President is the formal head of the executive‚ legislature and judiciary of India and is the commander-in-chief of the Indian Armed Forces. The President is indirectly elected by the people through elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the Legislative Assemblies in States of India (Vidhan Sabha) and serves for a term of five years. Historically‚ ruling party
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ARTICLE 370: LAWS AND POLITICS While the Constitution recognises in Article 370 the special status of Jammu and Kashmir‚ the Central Government’s policies since 1953 have totally undermined its autonomy. Senior lawyer and political analyst A.G. NOORANI discusses both aspects and suggests a way out of the mess. "I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it‚ it will not go there. Because what is the alternative
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governments‚ creating what is often called a federation. The Government of India (referred to as the Union Government) was established by the Constitution of India‚ and is the governing authority of a federal union of 28 states and 7 union territories. The governance of India is based on a tiered system‚ in which the Constitution of India delineates the subjects on which each tier of government has executive powers. The Constitution originally provided for a two-tier system of government‚ the Union Government
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CONSTITUTION LAW II PROJECT (REPEAT) Fundamental Duties – Relevance and Applicability Submitted By: Ajay Singh Rathore ID - 210039 The constitution of India‚ in its Part IV-A provides Fundamental Duties. The Fundamental Duties were inserted in Article 51A of our Constitution in 1976 by 42nd Amendment Act. In the original Constitution in 1950‚ there was no reference of these duties. Fundamental Duties are the modernization of the constitution. Fundamental duties have
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