C. Amendment by special maturity of the congress and concurrence of half of States The following vittles can be amended in this way 1. Election of the President and its manner. 2. Extent of the administrative power of the Union and the countries. 3. Supreme Court and high courts. 4. Distribution of legislative powers between the Union and the countries.
Que1.38. Why is correction procedure of the Constitution frequently blamed?
Answer Critics have blamed the correction procedure of the Constitution on the following grounds 1. There’s no provision for a special body like indigenous Convention or indigenous Assembly for amending the Constitution. 2. The power to initiate an correction to the Constitution lies with the Parliament. The state houses can not initiate any bill or offer for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or invalidation of legislative councils in the countries. 3. The major part of the Constitution can be amended by the Parliament alone either by a special maturity or by a simple maturity. Only in a many cases, the concurrence of the state houses is needed. 4. The Constitution doesn’t define the time frame within which the state houses should confirm or reject an correction submitted to them. 5. There’s no provision for holding a common sitting of both Houses of Parliament if there’s a impasse over the passage of a indigenous correction bill. 6. The process of correction is analogous to that of a legislative process. Except for the special maturity, the indigenous correction bills are to be passed by the Parliament in the same way as ordinary bills. Que1.39. Describe literal perspectives of the indigenous emendations in India. Answer 1. First Amendment Act, 1951 The state was empowered to make special vittles for the advancement of socially and backward classes. 2. Alternate Amendment Act, 1952 The scale of representation in the Lok Sabha was readjusted stating that 1 member can represent indeed further than7.5 lakh people. 3. Seventh Amendment Act, 1956 i. The provision of having a common High Court for two or further countries was introduced. ii. invalidation of Class A, B, C and D states- 14 States and 6 Union homes were formed. iii. preface of Union homes. 4. Ninth Amendment Act, 1960 adaptations to Indian Territory as a result of an agreement with Pakistan( Indo- Pak Agreement 1958). 5. Tenth Amendment Act, 1961 Dadra, Nagar and Haveli incorporated in the Union of Indian as a Union Territory. 6. 12th Amendment Act, 1962 Goa, Daman and Diu incorporated in the Indian Union as a Union Territory. 7. 13th Amendment Act, 1962 Nagaland was formed with special status under Composition 371A. 8. 14th Amendment Act, 1962i. Pondicherry incorporated into the Indian Union. ii. Union homes of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu were handed the council and council of ministers. 9. 19th Amendment Act, 1966 System of Election Bars was abolished and High Courts were given the power to hear the election desires. 10. 21st Amendment Act, 1967 Sindhi language was language into 8th Schedule of Indian Constitution. 11. 24th Amendment Act, 1971 The President’s assent to indigenous Correction Bill was made mandatory. 12. 25th Amendment Act, 1971 Fundamental Right to Property was elided. 13. 26th Amendment Act, 1971 Privy Bag and boons of former autocrats of kingly countries were abolished. 14. 31st Amendment Act, 1972 Lok Sabha seats were increased from 525 to 545. 15. 35th Amendment Act, 1974 The status of Sikkim as protectorate state was terminated and Sikkim was given the status of ‘ Associate State ’ of India. 16. 36th Amendment Act, 1975 Sikkim was made a full- fledged state of India. 17. 40th Amendment Act, 1976 Parliament was empowered to specify from time to time the limits of the territorial waters, the international shelf, the exclusive profitable zone( EEZ) and the maritime zones of India. 18. 42nd Amendment Act, 1976 Since the 42nd Amendment act is the most comprehensive correction of the Indian Constitution, called the ‘Mini-Constitution ’. 19. 44th Amendment Act, 1978 It’s also one of the important emendations in the Indian Constitution, legislated by the Janata Government. Que1.40. Describe the exigency vittles in Indian Constitution. Answer 1. The Indian Constitution gives President the authority to declare three types of extremities National Emergency, State Emergency and Financial Emergency. 2. exigency vittles in India are espoused from Weimar Constitution of Germany. 3. Constitution of India envisages exigency of following three typesA. National Emergency( Article 352) 1. Under composition 352, if the chairman is satisfied that there exists a grave situation, wherein the security of the country is hovered on the grounds of wars, external aggression or fortified rebellion, he can annunciate exigency to that effect. 2. exigency can be declared over the complete home of India or any part thereof. 3. President can declare exigency only on the written advice of the press. 4. A special maturity is needed to authorize an exigency resolution. Once approved, exigency shall operate for a maximum period of not further than six months. 5. Lok Sabha has the power to disapprove the operation of public exigency at any time, if not lower than 1/ 10th members of Lok Sabha in writing to the speaker, if house is in session, or to the chairman, also speaker or chairman as the case may be, shall convene a special session of Lok Sabha within 14 days and if such a resolution is passed, chairman shall drop public exigency. Emergency in State( President’s Rule)( Composition 356) 1. According to Composition 356, President’s Rule can be assessed on any state of India on the grounds of the failure of the indigenous ministry. This is of two types i. If the President receives a report from the state’s Governor or else is convinced or satisfied that the state’s situation is similar that the state government can not carry on the governance according to the vittles of the Constitution. ii. Composition 365 As per this Composition, President’s Rule can be assessed if any state fails to misbehave with all directions given by the Union on matters it’s empowered to. 2. In other words, President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the governor( centrally appointed). 3. It’s also called ‘ State Emergency ’ or ‘ indigenous exigency ’. goods of President Rule( State Emergency) i. On Administrative State government is dismissed and the administrative power of the state is exercised by the centre. ii. On Legislature State council doesn’t serve to ordain; state legislative assembly is either suspended or dissolved. iii. On fiscal relation There’s no impact on the distribution of fiscal coffers between centre and the state.C. Financial Emergency( Article 360) 1. still, can declare the Financial Emergency on the aid and advise of the Council of Ministers, If the President is satisfied that a situation has arisen whereby the fiscal stability or credit of India or of any part of the home thereof is hovered . 2. Composition 360 gives authority to the President of India to declare a fiscal exigency. 3. The Supreme Court can review the protestation of Financial Emergency. 4. This exigency is noway assessed in India. Que1.41. What’s Original tone- government? Answer 1. Original tone- government implies the transference of the power to rule to the smallest rungs of the political order. 2. It’s a form of popular decentralization where the participation of indeed the lawn root position of the society is assured in the process of administration. 3. The vill panchayat, as a system of administration, began in the British days, as their offer to satisfy the demands for original autonomy. 4. They opened up the governance of the smallest situations to the citizens. 5. The Government of India Act of 1935 also authorizes the businesses to legislate legislations. Que1.42. How did the conception of original tone- government evolve in India? Answer 1. Indeed though similar minor forms of original governance was apparent in India, the framers of the constitutions, included Article 40 among the Directive Principles, to organize vill panchayats and endow them with powers and authority to enable them to serve as units of selfgovernment. 2. The conceptualisation of the system of original tone- government in India took place through the conformation and trouble of four important panels from the time 1957 to 1986. 3. Balwant Rai Mehta Committee( 1957) The important recommendations of this commission arei. Establishment of a three- league Panchayati Raj system- gram panchayat at vill position( direct election), panchayat Samiti at the block position and Zila Parishad at the quarter position( circular election). ii. District Collector to be the president of Zila Parishad. iii. Transfer of coffers and power to these bodies to be assured. 4. Ashok Mehta Committee( 1977- 1978) The important recommendations of this commission arei. Three- league system to be replaced by a two- league system. ii. Political parties should share at all situations in the choices. iii. mandatory powers of taxation to be given to these institutions. iv. Zila Parishad to be made responsible for planning at the state position. v. A minister for Panchayati Raj to be appointed by the state council of ministers. vi. indigenous recognition to be given to Panchayati Raj institutions. 5. GVK Rao Committee( 1985) The important recommendations of this commission arei. Zila Parishad to be given high significance and all experimental programs at that position to be handed to it. ii. Post of DDC( District Development Commissioner) to be created acting as the principal administrative officer of the Zila Parishad. iii. Regular choices to be held. 6. LM Singhvi Commitee( 1986) The important recommendations of this commission arei. indigenous recognition for PRI institutions. ii. Nyaya Panchayats to be established for clusters of townlets. Que1.43. What are Panchayats and cosmopolises? Answer Panchayat and megacity are the general terms for the governing body at the original position. Both live as three league systems- at the lower, intermediate and upper situations. The 73rd indigenous Correction act provides for a Gram Sabha as the foundation of the Panchayati Raj system. It’s basically a vill assembly conforming of all the registered choosers in the area of the panchayat. The state has the power to determine what kind of powers it can exercise, and what functions it has to perform at the vill position. The 74th indigenous Correction act provides for three types of cosmopolises Nagar Panchayat for a transitional area between a pastoral and civic area. ii. Municipal Council for a small civic area. iii. External Corporation for a large civic area. utmost of the vittles of the two acts are resemblant, differing only in the fact that they’re being applied to either a Panchayat or a megacity independently. The speaker of the Panchayat or Municipality at the intermediate and quarter position are tagged from among the representatives at the incontinently lower position by circular election.