The document discusses Centre-State relations in India based on the Constitution. It outlines that legislative powers are divided between the Union and States based on territory and subject matter. There are three lists - the Union List of subjects Parliament can legislate on, the State List for state legislatures, and the Concurrent List where both can legislate. Residual powers belong to Parliament. Exceptions allow Parliament to legislate on State List topics in some cases. The lists are interpreted broadly and harmoniously to avoid conflicts between legislative jurisdictions.
Administrative relation between centre and state art l lb cjyoti dharm
The scheme of allocating the administrative responsibilities is drawn for the purpose of :-
The administration of law.
Achieving co-ordination between the centre and states.
The settlement of disputes between the centre and states.
A brief description about the union state relations in India, containing an activity for the students at the end. Helpful to understand the concept and as a summary of the concept to study.
Administrative relation between centre and state art l lb cjyoti dharm
The scheme of allocating the administrative responsibilities is drawn for the purpose of :-
The administration of law.
Achieving co-ordination between the centre and states.
The settlement of disputes between the centre and states.
A brief description about the union state relations in India, containing an activity for the students at the end. Helpful to understand the concept and as a summary of the concept to study.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Federalism: Meaning and Importance
Quasi-Federalism in India
Unitary and Federal Features in India
Centre-State Relations: Division of Powers
Challenges faced by Indian Federalism
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Federalism: Meaning and Importance
Quasi-Federalism in India
Unitary and Federal Features in India
Centre-State Relations: Division of Powers
Challenges faced by Indian Federalism
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
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What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Car Accident Injury Do I Have a Case....Knowyourright
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The slides was well structured along with the highlighted points for better understanding .
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. Centre State Relations
• Chapter I of Part XI (Articles 245 to 255) of the Indian Constitution
read with 7th Schedule covers the legislative relationship between
the Union and the States.
• The entire legislative sphere has been divided on the basis of:
a. Territory with respect to which the laws are to be made, and
b. Subject matter on which laws are to be made.
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3. Territorial jurisdiction
• Parliament may make laws for the whole of India and the
legislature of a state may make laws for the whole or any part of
the state.
• Parliament in some cases can make laws which are effective even
outside India.
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4. Subject matter jurisdiction
• On the basis of subject matter jurisdiction is divided in to
1. Union List - This list contains the subject matter in which
parliament has power to legislate.
• In no case state has power to legislate on the given matters.
• There are 97 entries in this list.
• The main subjects of the union list are of national interest and
importance like defence, foreign affairs, currency and coinage,
war and peace, atomic energy, etc.
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5. State list
• Contains the matters in which state legislature has power to
legislate.
• But at the time of proclamation of emergency the power of the
state shifts to the parliament.
• There were 66 entries in this list initially (currently there are 61
items).
• The main subjects of the state list are public order, police, state
court fees, prisons, local government, public health and
sanitation, hospitals and dispensaries, etc.
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6. Concurrent List
• Contains the matters in which both parliament and state
legislature can legislate.
• When there is a conflict between such laws made by centre and
state on same subject matter then the law made by parliament
shall prevail over the law made by the state legislature.
• There are 47 entries (though there are 52 items currently) in this
list.
• The main subjects listed in this list are criminal law, criminal
procedure, marriage and divorce, transfer of property, etc.
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7. Residuary list
• With respect to all those matters which are not included in any
of the 3 lists, Parliament has the exclusive power to make laws.
• It is called the residuary legislative power of parliament.
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8. Power of Parliament to make Laws on State List
• State Legislatures have the exclusive powers to make laws with
respect to the subjects in the State List
• Exceptions are
• 1. In the National Interest - whenever parliament feels that it is
necessary to legislate on the state list in public interest
• 2. During a proclamation of emergency, Parliament has power
to make laws for the whole or any part of the territory of India
• These laws will cease to have effect on the expiration of 6 months
after the proclamation ceases to operate.
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9. • 3. Breakdown of Constitutional Machinery in a State - In case
the Governor of a State reports to the President, or he is
otherwise satisfied that the Govt of a State cannot be carried on
according to the provisions of the Constitution, President) can
make a proclamation to that effect.
• 4. On the request of two or more States - The exercise of such
power is conditional upon an agreement between two or more
States requesting Parliament to legislate for them on a specified
subject.
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10. • The law so made may be adopted by other States also, by
passing resolutions in their legislatures.
• Once such law has been ade, the power of those State
legislatures which originally requested or which later on adopted
such law is curtailed as regards that matter;
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11. • 5. Legislation for enforcing international agreements -
• Parliament has exclusive power with respect to foreign affairs
and entering into treaties and agreements with foreign countries
and implementing of treaties and agreements and
conventions with foreign countries and to give effect to the
agreement parliament needs to pass a law on the subject-matter
which originally belongs to the state, it can do so.
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12. Interpretation of the Legislative Lists
• Plenary Powers: The first and foremost rule is that if legislative
power is granted with respect to a subject and there are no
limitations imposed on the power, then it is to be given the widest
scope that its words are capable of, without, rendering another
item nugatory.
1. A legislature to which a power is granted over a particular
subject may make law on any aspect or on all aspects of it;
2. It can make a retrospective law or a prospective law and it
can also make law on all matters ancillary to that matter.
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13. For example, if power to collect taxes is granted to a legislature,
the power not to collect taxes or the power to remit taxes shall be
presumed to be included within the power to collect taxes.
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14. Harmonious Construction
• Different entries in the different lists are to be interpreted in such
a way that a conflict between them is avoided and each of them is
given effect.
• It must be accepted that the Constitution does not want to create
conflict and make any entry nugatory.
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15. The rule of pith and substance
• Means that where a law in reality and substance falls within an
item on which the legislature which enacted that law is competent
to legislate, then such law shall not become invalid merely
because it incidentally touches a matter outside the competence
of legislature.
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16. Doctrine of colourable legislation
• It says that ‘whatever legislature can’t do directly, it cant do
indirectly.’
• When a legislature seeks to do something in an indirect manner
what it cannot do directly, the court struck such law.
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17. Freedom of Trade, Commerce and Intercourse
• Art 301 says that the trade, commerce and intercourse
throughout the territory of India shall be free.
• Restrictions in the form of taxes can be imposed.
• Applies throughout the territory of India.
• Not only applicable to intra state but also to inter state trade,
commerce and intercourse.
• The intension is to make whole territory of India as one for free
flow of trade and commerce.
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18. Articles 302 & 303
• Parliament can impose restriction on freedom of trade, commerce
and intercourse in public interest.
• Art 303
• While imposing restrictions, the parliament should not discriminate
between the states.
• Discrimination can only be done in case of scarcity of goods.
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19. Articles 304 & 305
• Art 304
• State legislature can impose taxes on goods which comes into
their state from other states if those goods are subject to taxation
in their respective states.
• Art 305
• The laws which create state monopoly in any trade, etc. are valid
irrespective of the fact that they directly impede or restrict the
freedom of trade and commerce.
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