Legislative Framework to Combat Public Health Emergencies in India
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Constitutional Development in India
1 Department – Political Science and Human Rights Semester- B.A. 2nd Semester Paper- Indian Government and Politics Note- I do not claim the material provided hereunder as my intellectual property as this is the collection from the writings of different scholars uploaded on websites. I have just collected, edited and arranged articles in one file according to syllabus for the purpose of enriching the students for preparation of their exams during the lockdown period. Students can also use various online sources for better understanding. I expressed my heartfelt thanks to all the authors whose writings have been incorporated in preparing this material. Constitutional Development in India Constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. It is a written instrument embodying the rules of a political or social organization. It is a method in which a state or society is organized and sovereign power is distributed. A constitution is a set of fundamental principles according to which a state is constituted or governed. The Constitution specifies the basic allocation of power in a State and decides who gets to decide what the laws will be. The Constitution first defines how a Parliament will be organized and empowers the Parliament to decide the laws and policies. The Constitution sets some limitations on the Government as to what extent a Government can impose rules and policies on its citizen. These limits are fundamental in the sense that the Government may never trespass them. -
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. -
No. 17. Parliamentary Committee.Pmd
PARLIAMENTARY COMMITTEES The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in Committees of the House, known as Parliamentary Committees. 2. The origin of Committee system in India can be traced back to the Constitutional Reforms of 1919. The Standing Orders of the Central Legislative Assembly provided for a Committee on Petitions relating to Bills, Select Committee on Amendments of Standing Orders, and Select Committee on Bills. There was also a provision for a Public Accounts Committee and a Joint Committee on a Bill. Apart from Committees of the Legislative Assembly, members of both Houses of the Central Legislature also served on the Standing Advisory Committees attached to various Departments of the Government of India. All these Committees were purely advisory in character and functioned under the control of the Government with the Minister-in-charge of the Department acting as the Chairperson of the Committee. 1 3. A Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. 4. Parliamentary Committees are of two types: Standing Committees and Ad -
Proposals for Constitutional Change in Myanmar from the Joint Parliamentary Committee on Constitutional Amendment International Idea Interim Analysis
PROPOSALS FOR CONSTITUTIONAL CHANGE IN MYANMAR FROM THE JOINT PARLIAMENTARY COMMITTEE ON CONSTITUTIONAL AMENDMENT INTERNATIONAL IDEA INTERIM ANALYSIS 1. Background, Purpose and Scope of this Report: On 29 January Myanmar’s Parliament voted to establish a committee to review the constitution and receive proposals for amendments. On July 15 a report containing a catalogue of each of these proposals was circulated in the Pyidaungsu Hluttaw (Union Legislature). This International IDEA analysis contains an overview and initial assessment of the content of these proposals. From the outset, the Tatmadaw (as well as the Union Solidarity and Development Party - USDP) has objected to this process of constitutional review,i and unless that opposition changes it would mean that the constitutional review process will not be able to proceed much further. Passing a constitutional amendment requires a 75% supermajority in the Union Legislature, which gives the military an effective veto as they have 25% of the seats.1 Nevertheless, the report provides the first official public record of proposed amendments from different political parties, and with it a set of interesting insights into the areas of possible consensus and divergence in future constitutional reform. The importance of this record is amplified by the direct connection of many of the subjects proposed for amendment to the Panglong Peace Process agenda. Thus far, the analyses of this report available publicly have merely counted the number of proposals from each party, and sorted them according to which chapter of the constitution they pertain to. But simply counting proposals does nothing to reveal what changes are sought, and can be misleading – depending on its content, amending one significant article may bring about more actual change than amending fifty other articles. -
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”. -
Martial Law in India: the Deployment of Military Under the Armed Forces Special Powers Act, 1958
\\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 1 12-MAR-18 7:17 MARTIAL LAW IN INDIA: THE DEPLOYMENT OF MILITARY UNDER THE ARMED FORCES SPECIAL POWERS ACT, 1958 Khagesh Gautam* ABSTRACT: The question for inquiry in this article is whether the key provi- sions of the Armed Forces Special Powers Act, 1958 (“AFSPA”), an Indian Parliamentary legislation, amount to a de facto proclamation of Martial Law in India. The constitutional validity of AFSPA has been upheld by a unanimous constitution bench of five judges of the Supreme Court of India. But the AFSPA has not yet been examined from the Martial Law perspective. In order to engage in this inquiry, this article briefly traces the development of the idea of Martial Law and argues that military acting independent of the control of civilian authorities is the most important feature of Martial Law. This article also argues that in order for a geographical area to be under Martial Law, there is no need to have a formal promulgation of the same. In other words, an area can be under Martial Law without formally be- ing so declared. They key feature to note is whether the military is acting independent of the civilian control or not. The AFSPA is then analyzed from this angle and it is concluded that when the AFSPA becomes applicable to any area in India, that area is under de facto Martial Law. The question of whether or not the Indian Constitution impliedly or expressly authorizes the proclamation of Martial Law is * Stone Scholar, LL.M. -
An Example of a Concurrent Power Is
An Example Of A Concurrent Power Is Ismail claught his cryptologist ingraft immaculately or reticulately after Cass side-slip and disseminated sixthly, colonialism and heterodactyl. Superannuated Gus banes laughingly or wilts insincerely when Marcus is deadlier. Merell purges his prostatectomies nomadizes confusingly or blind after Matthaeus preoccupies and hexes between-decks, catchable and automatic. It is exclusive powers or degrees shall, that lawis exclusively to determine whether one is also define what is an example a concurrent power of many of the Sign in here to access your reading lists, saved searches and alerts. In an example, examples of education policy process in a blueprint for? Different parts of the Earth get more direct sunlight due to the tilt as the Earth rotates around the Sun. Jomtien declaration, UNCRC, MDG goals, Dakar declaration SAARC SDG charter for however which is binding on its threshold for making education a reality for many children. Do they believed that are specifically gives some countries laws forming a conditional basis; taxes as well as necessary aid of schools comes through interchange between comparableterms of. High Courts; persons entitled to remove before upcoming High Courts. The primary weakness of the Articles was beauty it did vigor give it power circuit the federal government. Concurrent Powers Historycentralcom. The concurrent powers. Tenth Amendment, one set the key questions about our federal system remains: the level of government has gotten power to regulate particular when specific policy issues to educate the needs of citizens? The marble cake. The umpire between federal bankruptcy laws? This study deals with smart important aspect of Indian federalism namely the concurrent powers of legislation visit the Constitution The following of federalism in. -
Status of Tigers in the Sundarban Landscape Bangladesh and India
Status of Tigers in the Sundarban Landscape Bangladesh and India Principal Investigators T. K. Dey, Md. J. Kabir, Q. Qureshi & Y. V. Jhala Bangladesh Forest Department National Tiger Conservation Authority T.K. Dey, M. J. Kabir, M. M. Ahsan, S. P. Yadav, Himmat S. Negi, B. S. Bonal M. M. Islam, M. M. R. Chowdhury & S. Hassan. & Rajesh Gopal World Wide Fund for Nature - India West Bengal Forest Department Debmalya Roy Chowdhury, Pankaj Sarkar, Soumitra Dasgupta & Pradeep Shukla Ratul Saha, Sunit Kumar Das & Jimmy Bora Wildlife Institute of India Manjari Roy, Dipanjan Naha, Ahana Dutta, Bhaskar J Bora, Manendra Kaneria, Rahul K Talegaonkar, Sougata Sadhukan, Urjit M Bhatt, Ujjwal Sinha, Q. Qureshi & Y. V. Jhala Suggested Citation: Jhala, Y.V., Dey, T.K., Qureshi, Q., Kabir, J., Md., Bora, J. & Roy, M. 2016. Status of tigers in the Sundarban landscape Bangladesh and India. Bangladesh Forest Department; National Tiger Conservation Authority, New Delhi, & Wildlife Institute of India, Dehradun. TRNO -2016/002. i çdk'k tkoMsdj jkT; ea=kh (Lora=k çHkkj) Prakash Javadekar MINISTER OF STATE (INDEPENDENT CHARGE) i;kZoj.k] ou ,oa tyok;q ifjorZu ENVIRONMENT, FOREST & CLIMATE CHANGE Hkkjr ljdkj /GOVERNMENT OF INDIA Message Sundarbans is the last unexplored mystical home of the tiger. Here the tiger is dreaded and worshipped. It serves as a guardian of these majestic forests and has saved them from human overexploitation. For the first time, the joint assessment of tiger status by Bangladesh and India using a common standard scientific protocol, has unraveled the ecological aspects of this unique and little known tiger population that will be of immense value for its conservation. -
India's Internal Security Apparatus Building the Resilience Of
NOVEMBER 2018 Building the Resilience of India’s Internal Security Apparatus MAHENDRA L. KUMAWAT VINAY KAURA Building the Resilience of India’s Internal Security Apparatus MAHENDRA L. KUMAWAT VINAY KAURA ABOUT THE AUTHORS Mahendra L. Kumawat is a former Special Secretary, Internal Security, Ministry of Home Affairs, Govt. of India; former Director General of the Border Security Force (BSF); and a Distinguished Visitor at Observer Research Foundation. Vinay Kaura, PhD, is an Assistant Professor at the Department of International Affairs and Security Studies, Sardar Patel University of Police, Security and Criminal Justice, Rajasthan. He is also the Coordinator at the Centre for Peace and Conflict Studies in Jaipur. ([email protected]) Attribution: Mahendra L. Kumawat and Vinay Kaura, 'Building the Resilience of India's Internal Security Apparatus', Occasional Paper No. 176, November 2018, Observer Research Foundation. © 2018 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. Building the Resilience of India’s Internal Security Apparatus ABSTRACT 26 November 2018 marked a decade since 10 Pakistan-based terrorists killed over 160 people in India’s financial capital of Mumbai. The city remained under siege for days, and security forces disjointedly struggled to improvise a response. The Mumbai tragedy was not the last terrorist attack India faced; there have been many since. After every attack, the government makes lukewarm attempts to fit episodic responses into coherent frameworks for security-system reforms. Yet, any long-term strategic planning, which is key, remains absent. -
India : Code of Conduct for Ministers
GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS ........ CODE OF CONDUCT FOR MINISTERS (Both Union and State) ...... In addition to the observance of the provisions of the Constitution, the Representation of the People Act, 1951, and any other law for the time being in force, a person immediately after entering office as a Minister, and in any case within a period of two months from the date of assumption of office, shall: a) disclose to the Prime Minister, or the Chief Minister, as the case may be details of the assets and liabilities, and of business interests, of himself and of members of his family. The details to be disclosed shall consist of particulars of all immovable property and the total approximate value of (i) shares and debentures, (ii) cash holdings and (iii) jewellery. Such a Statement of assets and liabilities could be in respect of the financial year for which the income tax return has already been filed by the Minister; b) sever all connections, short of divesting himself of the ownership, with the conduct and management of any business in which he was interested before his appointment as Minister; and c) with regard to a business concern which supplies goods or services to the Government concerned or to undertakings of that Government (excepting in the usual course of trade or business and at standard or market rates) or whose business primarily depends on licenses, permits, quotas, leases, etc., received or to be received from the Government concerned, divest himself of all his interests in the said business and also of the management thereof. -
10. the All India Services (Conduct) Rules, 1968
10. 1THE ALL INDIA SERVICES (CONDUCT) RULES, 1968 In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government after consultation with the Governments of the State concerned, hereby makes the following rules, namely:— 1. Short title and commencement. — 1(1) These rules may be called the All India Services (Conduct) Rules, 1968. 1(2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions—In these rules, unless the context otherwise requires— 2.(a) “Government” means— (i) in the case of a member of the Service serving in connection with the affairs of the Union, the Central Government; or (ii) in the case of a member of the Service serving under a Foreign Government or outside India (whether on duty or on leave), the Central Government; or (iii) in the case of a member of the Service serving in connection with the affairs of a State, the Government of that State; Explanation—A member of the Service whose services are placed at the disposal of a company, corporation or other organisation or a local authority by the Central Government or the Government or the Government of a State shall for the purpose of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of that State, as the case may be, notwithstanding that his salary is drawn from the sources other than the Consolidated Fund of India or the Consolidated Fund of that State; 2.(b) -
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. ..................................................................................................