Strengthening India’s Cooperative And Competitive Federalism Through Inter-State Council
B.R. Ambedkar once described India and its states as “one integral whole, its people a single people living under a single imperium derived from a single source”. With this approach the Constitution provided for a Union of States under Article 1 making its character federal and the spirit unitary. Any federal polity is essentially based on the principle of separation of powers, either vertical (between the Union and States) or, horizontal (between states) or both.
The Constitution of India prescribes for both, despite being established on the principle of fusion of powers between the Legislature and the Executive protecting its unitary spirit. The vertical separation of powers is provided through the three lists of the subjects for law making as enshrined in Article 246 whereas, horizontal separation between the Executive and judiciary is incorporated in Article 50. Moreover, such separation of powers is also done indirectly in Articles 121 and 122 by restricting the Parliament and the Judiciary to intervene into each other’s affairs unless required by the Constitution. On the other hand, by making a provision for the Council of Ministers to be collective responsible to Lok Sabha in Article 75(3) it institutionalizes the principle of fusion of powers. The most interesting part is that none of these terms have been explicitly used in the Constitution to accommodate both the concepts without any possible conflicts.
Diese Geschichte stammt aus der January 2018-Ausgabe von LawZ Magazine.
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Diese Geschichte stammt aus der January 2018-Ausgabe von LawZ Magazine.
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Freedom Of The Press: Print Media Near -Vs- Minnesota
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Protection To Woman
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Corporate Governance Past, Present & Future In India
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Builders Can't Force Buyers To Go For Arbitration
It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).
The Unwanted Acid
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.
Iran Deal Withdrawal
WORST DEAL OR WORST MISTAKE
Law Regulating
ELECTIONS IN INDIA
Karl Marx
Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.
Virtual Currencies In India Journey So Far
Bitcoin has been the talk of the market yet has the government report closed the doors to its development.
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union
Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance
