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| Constitution of India |
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| Preamble |
Part XXI of the Constitution of India is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Articles on Temporary, Transitional and Special Provisions. [1]
On special provisions with respect to states [2]
Provisions for Offices - President, Judges, etc. These were mostly introduced for continuation of "Rule of Law" from British Raj to Indian Govt.
Repealed – Replaced by the Constitution (Seventh Amendment) Act, 1956
The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.
The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens, based on the proposal suggested by M.N. Roy. It is the longest written national constitution in the world.
India is a federal union comprising 28 states and 8 union territories, for a total of 36 entities. The states and union territories are further subdivided into districts and smaller administrative divisions.
In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state. Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants not native to the state.
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.
The Ministry of Home Affairs, or simply the Home Ministry, is a ministry of the Government of India. It is mainly responsible for the maintenance of internal security and domestic policy. It is headed by Minister of Home Affairs.
Ekkadu Srinivasan Lakshmi Narasimhan is an Indian former civil servant and politician who served as the first Governor of Telangana. He assumed office of the Governor of Andhra Pradesh on 28 December 2009 until 23 July 2019, making him the longest-serving governor of the state. Later he took on 2 June 2014 as the 1st Governor of Telangana as additional charge. A retired Indian Police Service officer, he previously served as the Director of the Intelligence Bureau from February 2005 to December 2006. He also served as the Governor of Chhattisgarh from 2007 to 2009. Narasimhan served as governor for 12 years making him the longest-serving governor in India.
Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
Part X of the Constitution of India consists of Articles on the scheduled and Tribal Areas.
Part XV of the Constitution of India consists of Articles on Elections. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the Election Commission.
State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Power is divided between the Union government and state governments. While the Union government handles defence, external affairs etc., the state government deals with internal security and other state issues. Income for the Union government is from customs duty, excise tax, income tax etc., while state government income comes from sales tax (VAT), stamp duty etc.; now these have been subsumed under the various components of the Goods and Services Tax
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
The Constitution of Jammu and Kashmir was the legal Constitution which established the framework for the state government of the Indian state of Jammu and Kashmir. The constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh.
The Concurrent List or List-III is a list of 52 items given in the Seventh Schedule to the Constitution of India. It includes the power to be considered by both the union and state government. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.
The Provisions of the Panchayats Act, 1996 or PESA is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas are found in ten states of India which have predominant population of tribal communities. The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the Indian Constitution as provided in the Part IX of the Constitution. PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, with certain exceptions and modifications. PESA sought to enable the Panchayats at appropriate levels and Gram Sabhas to implement a system of self-governance with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, sanction of projects, and control over local institutions. PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas. PESA was viewed as a positive development for tribal communities in Scheduled Areas who had earlier suffered tremendously from engagement with modern development processes and from the operation of both colonial laws and statutes made in independent India. The loss of access to forest, land, and other community resources had increased their vulnerability. Rampant land acquisition and displacement due to development projects had led to large scale distress in tribal communities living in Scheduled Areas. PESA was seen as a panacea for many of these vulnerabilities and sought to introduce a new paradigm of development where the tribal communities in such Scheduled Areas were to decide by themselves the pace and priorities of their development.
The Fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1955, empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. The amendment also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period. The 5th Amendment re-enacted the provision to Article 3 of the Constitution.
The Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, is an Act of Indian Parliament that split the state of Andhra Pradesh into Telangana and the residuary Andhra Pradesh state, as an outcome of the Telangana movement. The Act defined the boundaries of the two states, determined how the assets and liabilities were to be divided, and laid out the status of Hyderabad as the permanent capital of new Telangana state and temporary capital of the Andhra Pradesh state.
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
Andhra Pradesh, retrospectively referred to as United Andhra Pradesh,Undivided Andhra Pradesh or Ummadi Andhra Pradesh, was a state in India formed by States Reorganisation Act, 1956 with Hyderabad as its capital and was reorganised by Andhra Pradesh Reorganisation Act, 2014. The state was made up of three distinct cultural regions of Telangana, Rayalaseema, and Coastal Andhra. Before the 1956 reorganisation Telangana had been part of Hyderabad State ruled by Nizam of Hyderabad, whereas Rayalaseema and Coastal Andhra had been part of Andhra State, formerly a part of Madras Presidency ruled by British India.
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