An Example of a Concurrent Power Is
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Seventh Schedule of Indian Constitution - Article 246
Seventh Schedule of Indian Constitution - Article 246 The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule: 1. Union List – List I 2. State List – List II 3. Concurrent List – List III Union List, State List, Concurrent List – Introduction As mentioned earlier, Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as Union List, State List and Concurrent List which specify the divisions of power between Union and States. The key features of Union List, State List & Concurrent List are mentioned in the tables below: 7th Schedule of Indian Constitution – Union List It originally had 97 subjects. Now, it has 100 subjects Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution The Union List signifies the strong centre as it has more subjects than state list It contains more important subjects than included in any of the other two lists All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes 88th Amendment added a new subject in the Union List called ‘taxes on services.’ Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament 7th Schedule of Indian Constitution – State List It has 61 subjects. -
History SS Federalism Today Complex Project
Item Name: Federalism Today Item Type: Complex Project Subject and/or U.S. Government/Civics, Grade 11-12 Course: CCSS.ELA-LITERACY.RH.11-12.1 Cite specific textual evidence to support analysis of primary and secondary sources… CCSS.ELA-LITERACY.RH.11-12.9 Compare and contrast treatments of the same topic in several primary and secondary sources… Common Core CCSS.ELA-Literacy.WHST.11-12.1 Write arguments focused on discipline-specific content…. Standards: CCSS.ELA-Literacy.WHST.11-12.7 Conduct short as well as more sustained research projects to answer a question… CCSS.ELA-Literacy.WHST.11-12.8 Gather relevant information from multiple authoritative print and digital sources… Published by Summit Public Schools (some modifications Developer/Source: made.) Administration: Curriculum-embedded Length of time for response: Multiple weeks Item Features: Method of scoring: Analytic Rubric Opportunity for student collaboration: Once a week Opportunity for teacher feedback and revision: Daily Collection of performance assessment items compiled by Overview This learning module will prepare you to write an argument over which level of government, federal or state, should have the authority and power when making and executing laws on controversial issues. You will research an issue of your choice, write an argument in support of your position, and then present it to a panel of judges. Standards AP Standards: APS.SOC.9-12.I Constitutional Underpinnings of United States Government APS.SOC.9-12.I.D - Federalism Objective: Understand the implication(s) -
Legislative Framework to Combat Public Health Emergencies in India
Legislative Framework to Combat Public Health Emergencies in India In Light of the COVID-19 Pandemic I. Introduction The world is facing an unprecedented situation with the outbreak of COVID-19, a novel coronavirus. The virus has spread to 155 countries around the world, and as per data collected and released by the Johns Hopkins University, there are 198,155 confirmed cases of COVID-19 globally1. India too is faced with the threat of COVID-19. As per the Ministry of Health and Family Welfare, 147 people in India have contracted the virus as of 18 March 2020, and the Government of India has declared the outbreak a national “disaster”. In light of this, the biggest challenge before the Government of India right now is to contain the spread of the disease and ensure the health and well-being of its population. To achieve this objective, the Government will first need to rely on existing legislative provisions and frameworks as a means of legally taking all measures necessary to fight the pandemic. Thus, this article seeks to elaborate on and highlight the various legislative provisions that exist to help the Government of India deal with a public health emergency. Before getting into this analysis, it is important to note that India has dealt with public health emergencies before. The most recent national health emergency was during the swine flu pandemic that started in 2009. The outbreak of the H1N1 virus originated in the United States of America and Mexico, and soon spread to India. India had restricted the sale of Tamiflu (the only known drug to work against swine flu) in general medical stores out of a fear that the virus would develop a resistance to the drug if it was used excessively. -
Concurrent List Subject Which Enables the Central Government to Legislate It in the Manner Suited to It
India Joint Report on India - Submission by National Coalition for Education and World Vision India For Universal Periodic Review, 13th session, 2012 The Right to Education The Right to Education in India The Indian constitution has provisions to ensure that the state provides education to all its citizens. The Indian constitution in its original enactment defined education as state subject. Under Article 42 of the constitution, an amendment was added in 1976 and education became a concurrent list subject which enables the central government to legislate it in the manner suited to it. Besides India is signatory to a number of international covenants i.e. Jomtien declaration, UNCRC, MDG goals, Dakar declaration SAARC SDG charter for children which is binding on its commitment for making education a reality for all children. Nearly eight years after the Constitution was amended to make education a fundamental right, the government of India from 1st April 2010 implemented the law to provide free and compulsory education to all children in age group of 6-14 years. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year. Both the Constitutional amendment and the new law came into force from 1st April 2010. The new law makes it obligatory on part of the state governments and local bodies to ensure that every child gets education in a school in the neighbourhood. The Constitution (Eighty-sixth) Amendment Act has now inserted Article 21A in the Constitution which makes education a Fundamental Right for Children in the age group of 6- 14 years by providing that; “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine”. -
Unit 2 – Chapter 4: Constitutional Authority to Regulate Business Law
Business Law 210: Unit 2 – Chapter 4: Constitutional Authority to Regulate Business Law and the Legal Environment of Business [Professor Scott Bergstedt] Slide #: 1 Slide Title: Slide 1 [Image of a comic] Audio: [No audio] Slide #: 2 Slide Title: Chapter 4: Constitutional Authority to Regulate Business Chapter 4: Constitutional Authority to Regulate Business Audio: This is Chapter 4 – constitutional law, the authority under the Constitution to regulate business. Now, there is so much that can be said about constitutional law and all we have is this one chapter and a little bit on search and seizure under the criminal section. There’s very little time to cover a whole lot, so I will give you the big picture of constitutional law so you have an idea of how it operates. Slide #: 3 Slide Title: § 1: The Constitutional Powers of Government The Constitutional Powers of Government • After the Revolutionary War the States created the Articles of Confederation with a weak national government and most power and authority resting in the States. Audio: To start with, there wasn’t a Constitution. We’ re going way back, way back, right after the Revolutionary War the states got together and they wanted to create a government. Their first attempt at the government of United States… Slide #:4 Slide Title: The Constitutional Powers of Government The Constitutional Powers of Government • Articles of Confederation failed. Audio: …was the Articles of Confederation. The Articles of Confederation basically allowed there to be a federal government. It couldn’t tax, which meant it couldn’t raise money and if it didn’t have money, you know, what could it do? Well, that’s basically it was a very weak national government with most all of the power going to the states. -
The Equal-Protection Challenge to Federal Indian Law
UNIVERSITY of PENNSYLVANIA JOURNAL of LAW & PUBLIC AFFAIRS Vol. 6 November 2020 No. 1 THE EQUAL-PROTECTION CHALLENGE TO FEDERAL INDIAN LAW Michael Doran* This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between Indians and non-Indians and thus uses the suspect classification of race, triggering strict scrutiny under the equal-protection component of the Due Process Clause. If the challenge to the Indian Child Welfare Act succeeds, the entirety of federal Indian law, which makes hundreds or even thousands of distinctions based on Indian descent, may be unconstitutional. This article defends the constitutionality of federal Indian law with a novel argument grounded in existing Supreme Court case law. Specifically, this article shows that the congressional plenary power over Indians and Indian tribes, which the Supreme Court has recognized for nearly a century and a half and which inevitably requires Congress to make classifications involving Indians and Indian tribes, compels the application of a rational-basis standard of review to federal Indian law. INTRODUCTION................................................................................................ 2 I. CONGRESSIONAL PLENARY POWER AND RATIONAL-BASIS REVIEW .......... 10 A. Congressional Plenary Power over Indians and Indian Tribes .......... 10 B. The Vulnerability of Morton v. Mancari .............................................. 19 * University of Virginia School of Law. For comments and criticisms, many thanks to Matthew L.M. Fletcher, Kim Forde-Mazrui, Lindsay Robertson, and George Rutherglen. -
Decentralized Forms of Government
A Practical Guide to Constitution Building: Decentralized Forms of Government Markus Böckenförde This paper appears as chapter 7 of International IDEA’s publication A Practical Guide to Constitution Building. The full Guide is available in PDF and as an e-book at <http://www.idea.int> and includes an introductory chapter (chapter 1) and chapters on principles and cross-cutting themes in constitution building (chapter 2), building a culture of human rights (chapter 3), and constitution building and the design of the executive branch, the legislature and the judiciary (chapters 4, 5 and 6). International IDEA resources on Constitution Building A Practical Guide to Constitution Building: Decentralized Forms of Government © International Institute for Democracy and Electoral Assistance (International IDEA), 2011 This publication is independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council of Member States, or those of the donors. Applications for permission to reproduce all or any part of this publication should be made to: International Institute for Democracy and Electoral Assistance (International IDEA) Strömsborg SE -103 34 Stockholm Sweden Tel: +46-8-698 37 00 Fax: +46-8-20 24 22 Email: [email protected] Website: www.idea.int Design and layout by: Turbo Design, Ramallah Printed by: Bulls Graphics, Sweden Cover design by: Turbo Design, Ramallah Cover illustration by: Sharif Sarhan ISBN: 978-91-86565-34-3 This publication is produced as part of the Constitution Building Programme implemented by International IDEA with funding from the Royal Norwegian Ministry of Foreign Affairs. -
Rajya Sabha 122
PARLIAMENT OF INDIA RAJYA SABHA 122 DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS ONE HUNDRED AND TWENTY SECOND REPORT ON THE COMMUNAL VIOLENCE (PREVENTION, CONTROL AND REHABILITATION OF VICTIMS) BILL, 2005 (PRESENTED TO RAJYA SABHA ON 13TH DECEMBER, 2006) (LAID ON THE TABLE OF LOK SABHA ON 13TH DECEMBER, 2006) RAJYA SABHA SECRETARIAT NEW DELHI DECEMBER, 2006/AGRAHAYANA, 1928 (SAKA) Website:http://rajyasabha.nic.in E-mail:[email protected] C.S.(H.A.)-235 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS ONE HUNDRED AND TWENTY SECOND REPORT ON THE COMMUNAL VIOLENCE (PREVENTION, CONTROL AND REHABILITATION OF VICTIMS) BILL, 2005 (PRESENTED TO RAJYA SABHA ON 13TH DECEMBER, 2006) (LAID ON THE TABLE OF LOK SABHA ON 13TH DECEMBER, 2006) RAJYA SABHA SECRETARIAT NEW DELHI DECEMBER, 2006/AGRAHAYANA, 1928 (SAKA) CONTENTS PAGES 1. COMPOSITION OF THE COMMITTEE ...................................................................................... (i)-(ii) 2. PREFACE ................................................................................................................................. (iii)-(iv) 3. REPORT .................................................................................................................................. 1—43 4. RECOMMENDATIONS/OBSERVATIONS — AT A GLANCE ......................................................... 44—49 5. Minute of dissent jointly submitted by S/Sh Prasanta Chatterjee, Baju Ban Riyan and T. K. Hamza, M.Ps. .................................................................................................. -
Reading Quiz Federalism MULTIPLE CHOICE. Choose the One Alternative That Best Completes the Statement Or Answers the Question
Reading Quiz Federalism MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Federalism refers to a A) relationship between the national and state governments. B) relationship among the state governments. C) political system in which power is vested in the state governments. D) political system in which power is vested in the national government. 2) In Federalist #51, James Madison highlights the uniques structure of governmental powers, characterizing them as, A) "[Creating] double security...to the rights of the people." B) "Subdivided among distinct and separate departments." C) "Divided between two distinct governments." D) all of the above 3) The Framers created the federal system in order to A) establish a more democratic political system that was also efficient. B) remedy problems experienced by the Framers under the Articles of Confederation. C) establish a powerful central government and minimize the authority of state and local governments. D) preserve power for the elite in society. 4) Under the Constitution, national and state governments are A) endowed with exclusively separate powers. B) totally autonomous. C) accountable to the people. D) inherently separate spheres of government. 5) The supremacy clause is found in A) the Preamble. B) the Declaration of Independence. C) Article IV. D) Article II. 6) In situations of conflict between state and national law, national law prevails due to A) full faith and credit. B) the Tenth Amendment. C) federalism. D) the supremacy clause. 7) ________ conflicts with the supremacy clause. A) The elastic clause B) Full faith and credit clause C) Federalism D) The Tenth Amendment 8) Police powers are the basis for A) interstate commerce. -
Two Houses of Parliament
T H E T WO H O U S E S : Exterior of Central Hall of Parliament House P OW E R S A N D R E L AT I O N S H I P ut for a few exceptions, both Houses territory of India. Such a resolution remains of Parliament enjoy similar powers in force for a maximum period of one year but Band status under the Constitution. In this period can be extended by one year at a certain spheres, however, each House has been time by passing a further resolution. given some special powers which are not Again, under article 312 of the available to the other. Distribution of such Constitution, if Rajya Sabha passes a powers is based mainly on the nature and resolution by a majority of not less than two- composition of the House. thirds of the members present and voting Special Powers of Rajya Sabha declaring that it is necessary or expedient in the national interest to create one or more All Rajya Sabha which represents the States, India Services common to the Union and the enjoys certain special powers under the States, Parliament has the power to create by Constitution. Article 249 of the Constitution law such services. provides that Rajya Sabha may pass a resolution, by a majority of not less than two- Under the Constitution, President is thirds of the members present and voting, to empowered to issue Proclamations in the the effect that it is necessary or expedient in the event of national emergency (article 352), in national interest that Parliament should make a the event of failure of constitutional law with respect to any matter enumerated in machinery in a State (article 356), or in the the State List. -
70 POLICIES THAT SHAPED INDIA 1947 to 2017, Independence to $2.5 Trillion
Gautam Chikermane POLICIES THAT SHAPED INDIA 70 POLICIES THAT SHAPED INDIA 1947 to 2017, Independence to $2.5 Trillion Gautam Chikermane Foreword by Rakesh Mohan © 2018 by Observer Research Foundation All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from ORF. ISBN: 978-81-937564-8-5 Printed by: Mohit Enterprises CONTENTS Foreword by Rakesh Mohan vii Introduction x The First Decade Chapter 1: Controller of Capital Issues, 1947 1 Chapter 2: Minimum Wages Act, 1948 3 Chapter 3: Factories Act, 1948 5 Chapter 4: Development Finance Institutions, 1948 7 Chapter 5: Banking Regulation Act, 1949 9 Chapter 6: Planning Commission, 1950 11 Chapter 7: Finance Commissions, 1951 13 Chapter 8: Industries (Development and Regulation) Act, 1951 15 Chapter 9: Indian Standards Institution (Certification Marks) Act, 1952 17 Chapter 10: Nationalisation of Air India, 1953 19 Chapter 11: State Bank of India Act, 1955 21 Chapter 12: Oil and Natural Gas Corporation, 1955 23 Chapter 13: Essential Commodities Act, 1955 25 Chapter 14: Industrial Policy Resolution, 1956 27 Chapter 15: Nationalisation of Life Insurance, 1956 29 The Second Decade Chapter 16: Institutes of Technology Act, 1961 33 Chapter 17: Food Corporation of India, 1965 35 Chapter 18: Agricultural Prices Commission, 1965 37 Chapter 19: Special Economic Zones, 1965 39 iv | 70 Policies that Shaped India The Third Decade Chapter 20: Public Provident Fund, 1968 43 Chapter 21: Nationalisation of Banks, 1969 45 Chapter -
Judicial Review of State Regulation Which Impacts Foreign Trade: a Second Look at South-Central Timber Development V
BYU Law Review Volume 1992 | Issue 1 Article 8 3-1-1992 Judicial Review of State Regulation Which Impacts Foreign Trade: A Second Look at South-Central Timber Development v. Wunnicke York Moody Faulkner Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Commercial Law Commons, Constitutional Law Commons, and the International Trade Law Commons Recommended Citation York Moody Faulkner, Judicial Review of State Regulation Which Impacts Foreign Trade: A Second Look at South-Central Timber Development v. Wunnicke, 1992 BYU L. Rev. 271 (1992). Available at: https://digitalcommons.law.byu.edu/lawreview/vol1992/iss1/8 This Casenote is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Judicial Review of State Regulation Which Impacts Foreign Trade: A Second Look at South-Central Timber Development v. Wunnicke The paths followed by courts in resolving federal-state regulatory conflicts have led the nation through its history of federalism and have encircled the states' ability to intrude into areas of national interest. Judicial resolution of commercial regulatory conflicts between federal and state governments is ultimately a question of constitutional concern. Article I section 8 of the Constitution gives Congress the power "[tlo regulate Commerce with foreign Nations, and among the several States."' When Congress has acted within a field of foreign or interstate commerce, the Constitution leaves little doubt that the congressional action preempts state commercial regula- tion~.~ Courts are faced with a much more difficult problem, how- ever, in reviewing state commercial regulations in the face of congressional ina~tion.~When legislative history is slim or nonexistent, courts must predict the degree to which Congress would have limited state power to regulate commerce.' In re- 1.