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The rule of avoidance was a rule employed typically in states with centralized government system which prohibited local officials from serving in their places of origin, so that family and friends would not influence them and prevent local separatism.
The system was originated in Han dynasty of China and has persisted into modern times. A system similar to this was adopted by Emperor Akbar of the Mughal Empire to prevent corruption and favoritism. It is also an entirely different principle in United States constitutional law, and a cultural norm in some cultures that promotes exogamy.
The rule of avoidance employed during the Han dynasty, and persisted through various subsequent dynasties and continues to influence the appointment of local government leaders in the People’s Republic of China and the Chinese Communist Party, prohibited local officials from serving in their places of origin, so that family and friends would not influence them and prevent the potential separatism movement. [1] Terms of service were for only three or four years, and parents and sons over fifteen could not accompany officials. Each prefecture sent delegates to an annual court assembly. This practice would continue through to the end of the Qing dynasty.
In the time of Emperor Akbar of the Mughal Empire (in the area of what is now India, Pakistan and Afghanistan), a system similar to this was put into place to ensure smooth running of government and to prevent corruption.[ citation needed ] Government officials were not allowed to serve in one jurisdiction for long so that they did not become too involved in local affairs and become stronger than the Emperor himself. After a period of time, employees of the Emperor were transferred and jurisdiction of service was thus rotated regularly. The implementation of this system in the Empire by Akbar helped in preventing corruption and favoritism. This method was discarded and forgotten by the later Emperors.
The rule of avoidance employed by the United States Supreme Court is a principle called Ashwander rules, settled in Ashwander v. TVA (297 US 288, 346-347 (1936)), that where a controversy may be settled on a platform other than one involving constitutional adjudication, the court should avoid the constitutional question. It was articulated by Justice Louis D. Brandeis, are a set of principles used by the United States Supreme Court for avoiding constitutional rulings.
This principle is also used in Irish law: see Carmody v Minister for Justice.
The history of Asia can be seen as the collective history of several distinct peripheral coastal regions such as East Asia, South Asia, Southeast Asia and the Middle East linked by the interior mass of the Eurasian steppe. See History of the Middle East and History of the Indian Subcontinent for further details on those regions.
The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service official, also known as a public servant or public employee, is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party.
The Muslim period in the Indian subcontinent or Indo-Muslim period is conventionally said to have started in 712, after the conquest of Sindh and Multan by the Umayyad Caliphate under the military command of Muhammad ibn al-Qasim. It began in the Indian subcontinent in the course of a gradual conquest. The perfunctory rule by the Ghaznavids in Punjab was followed by Ghurids, and Sultan Muhammad of Ghor is generally credited with laying the foundation of Muslim rule in Northern India.
The Mansabdar was a military unit within the administrative system of the Mughal Empire introduced by Akbar later used in all over in early modern India. The word mansab is of Arabic origin meaning rank or position. The system determined the rank and status of a government official and military generals. Every civil and military officer was given a mansab, which determined their salaries & allowances. The term manasabadar means a person having a mansab. In the mansabdari system founded by Akbar, the mansabdars were military commanders, high civil and military officers, and provincial governors. Those mansabdars whose rank was one thousand or below were called Amir, while those above 1,000 were called Amir-al Kabir. Some great Amirs whose ranks were above 5,000 were also given the title of Amir-al Umara.
Mughal painting is a South Asian style of painting on paper confined to miniatures either as book illustrations or as single works to be kept in albums (muraqqa), originating from the territory of the Mughal Empire in the Indian subcontinent. It emerged from Persian miniature painting and developed in the court of the Mughal Empire of the 16th to 18th centuries. Battles, legendary stories, hunting scenes, wildlife, royal life, mythology, as well as other subjects have all been frequently depicted in paintings.
The Mughal dynasty or the House of Babur, was a branch of the Timurid dynasty founded by Babur that ruled the Mughal Empire from its inception in 1526 till the early eighteenth century, and then as ceremonial suzerains over much of the empire until 1857.
A collusive lawsuit, collusive action or friendly suit is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both.
Pargana or parganah, also spelt pergunnah during the time of the Delhi Sultanate, Mughal Empire times and British Raj, is a former administrative unit of the Indian subcontinent. Each parganas may or may not be subdivided into pirs. Those revenue units are used primarily, but not exclusively, by Muslim kingdoms. After Indian independence the parganas became equivalent to Block/ Tahsil and pirs became Grampanchayat.
A federal monarchy is a federation of states with a single monarch as overall head of the federation, but retaining different monarchs, or having a non-monarchical system of government, in the various states joined to the federation.
Abu'l-Fath Jalal-ud-din Muhammad Akbar, popularly known as Akbar the Great, and also as Akbar I, was the third Mughal emperor, who reigned from 1556 to 1605. Akbar succeeded his father, Humayun, under a regent, Bairam Khan, who helped the young emperor expand and consolidate Mughal domains in the Indian subcontinent. He is generally considered one of the greatest emperors in Indian history and led a successful campaign to unify the various kingdoms of Hindūstān or India proper.
India–Mongolia relations, also known as Indo-Mongolian relations, are the bilateral relations between the Republic of India and Mongolia. These relations are rapidly developing, with Indo-Mongolian cooperation formerly limited to diplomatic visits, provision of soft loans and financial aid and the collaborations in the IT sector; but were enhanced in 2015 by Narendra Modi's visit to Ulaanbaatar, where the two Prime Ministers declared a "strategic partnership" between the two Asian democracies.
In U.S. constitutional law, the last resort rule is a largely prudential rule which gives a federal court the power to avoid a constitutional issue in some circumstances. It is one the seven rules of the constitutional avoidance doctrine established in Ashwander v. Tennessee Valley Authority (1936) and requires that the Supreme Court of the United States to "not [rule] upon a constitutional question, although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. ... [I]f a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter."
Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936), was a United States Supreme Court case that provided the first elaboration of the doctrine of "Constitutional avoidance".
Constitutional avoidance is a legal doctrine of judicial review in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. In Ashwander v. Tennessee Valley Authority (1936), the Supreme Court of the United States established a seven-rule test for the justiciability of controversies presenting constitutional questions:
The Mughal Empire was an early modern empire in South Asia. At its peak, the empire stretched from the outer fringes of the Indus River Basin in the west, northern Afghanistan in the northwest, and Kashmir in the north, to the highlands of present-day Assam and Bangladesh in the east, and the uplands of the Deccan Plateau in South India.
Grand Mughal or Mogul, also Great Mughal, is a title coined by Europeans for the ruler of the Mughal Empire of India. The Mughals themselves used the title Padishah. The title is especially associated with the third in the line, Akbar the Great (1542–1605). It is said that the Portuguese called Akbar the Grand Mughal and sent Jesuit missionaries to convert him to Catholicism.
The county magistrate or local magistrate, known by several Chinese names, was the official in charge of the xian ("county"), the lowest level of central government in Imperial and early Republican China. The magistrate was the official who had face-to-face relations with the people and administered all aspects of government on behalf of the emperor.
The Tang dynasty of China administered territory using a hierarchical system of three descending divisions: circuits, prefectures, and counties. Prefectures have been called jùn (郡) as well as zhōu (州) interchangeably throughout history, leading to cases of confusion, but in reality their political status was the same. The prefectures were furthered classified as either Upper Prefectures, Middle Prefectures, or Lower Prefectures depending on population. An Upper Prefecture consisted of 40, 000 households and above, a Middle Prefecture 20, 000 households and above, and a Lower Prefecture anything below 20, 000 households. Some prefectures were further categorized as bulwark prefectures, grand prefectures, renowned prefectures, or key prefectures for strategic purposes. A superior prefecture was called a fu (府).
The government of the Mughal Empire was a highly centralised bureaucracy, most of which was instituted during the rule of the third Mughal emperor, Akbar. The central government was headed by the Mughal emperor; immediately beneath him were four ministries. The finance/revenue ministry was responsible for controlling revenues from the empire's territories, calculating tax revenues, and using this information to distribute assignments. The ministry of the military (army/intelligence) was headed by an official titled mir bakhshi, who was in charge of military organisation, messenger service, and the mansabdari system. The ministry in charge of law/religious patronage was the responsibility of the sadr as-sudr, who appointed judges and managed charities and stipends. Another ministry was dedicated to the imperial household and public works.