The Sarkaria Commission report from 1983 made recommendations to improve relations between the central and state governments in India. It recommended establishing a permanent Inter-State Council to facilitate coordination between states and the center. The report included 247 specific recommendations related to legislative matters, governor appointments, and other central-state issues. While widely accepted, many recommendations were not implemented by the government. The Inter-State Council was later established in 1990 to help implement some recommendations.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
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.
Rise of British Rule and other International powers in India; Positive and Negative reforms of British in Indian System, Rebellions and Mutiny, Effects of World War on India under British Rule. Independent Kashmir Issue and other outcomes of end of British rule.
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
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.
Rise of British Rule and other International powers in India; Positive and Negative reforms of British in Indian System, Rebellions and Mutiny, Effects of World War on India under British Rule. Independent Kashmir Issue and other outcomes of end of British rule.
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
Article 263 provides for the establishment of Inter-State Council to effect co-ordination between State.
The Inter-State Council is appointed by the President if it appears to him that the public interest would be served by its establishment.
Will GST apply in whole of India - September 2016Amitabh Khemka
Does the Parliament of India have powers to make law on GST for Union territories WITHOUT Legislature? Model GST Law also does not provide any clarity on applicability of GST in such Union territories.
PIB COMPILATION - 16TH DECEMBER TO 31ST DECEMBER-2018GS SCORE
PIB COMPILATION - 16TH DECEMBER TO 31ST DECEMBER
The PIB releases contains a lot of useful and accurate information regarding all the developments at government’s level and overtime has emerged as a popular source and alternative/supplement to news paper reading for students.
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Apartment Management: The Karnataka Societies Registration Act, 1960ADDA
Karnataka Societies Registration Act, 1960
ApartmentADDA is India's #1 Apartment Management and Apartment Accounting Software. All the best practices of State Bye-Laws are inbuilt in the product.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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/.
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.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. INTRODUCTION
THE UNION GOVT. IN 1983 APPOINTED A COMMISSION UNDER THE
CHAIRMANSHIP OF JUSTICE RANJIT SINGH SARKARIA TO REVIEW THE
RELATIONS BETWEEN STATE AND CENTRAL
THE COMMISSION SUBMITTED 1600 PAGE FINAL REPORT ON 27th OCT 1987
BEFORE THEN PRIME MINISTER RAJIV GANDHI
THE REPORT WAS A CHARTER TO EXAMINE THE BALANCE OF POWER
BETWEEN CENTRAL AND STATE RELATIONS
SUGGESTED CHANGES REGARDING THIS ISSUE IN THE CONSTITUTION OF
INDIA
3. OBJECTIVES OF THE REPORT
247 SPECIFIC RECOMMENDATIONS
INCLUDED CENTRAL STATE RELATIONS, RELATING TO LEGISLATIVE MATTERS
AND APPOINTMENT OF GOVERNORS AND FINALLY USE OF ART.356 OF THE
INDIAN CONSTITUTION
IT WAS WIDELY ACCEPTED BUT THE RECOMMENDATIONS WERE NOT
IMPLEMENTED BY THE GOVT
“CONSENSUS AND CORPORATION BETWEEN STATES AND CENTRAL”
ULTIMATE AIM UNITY AND INTEGRITY OF OUR COUNTRY
WELFARE OF CITIZENS – HARMONIOUS RELATION AMONG BOTH UNION
AND STATE
4. REASONS FOR THE COMMISSION
REPORT
SUPREMACY OF UNION LEGISLATIVE POWER
ART 254(1) REPUGNACY OF STATE MADE LAWS –VOID BY CENTRAL –THE
CONFLICT AND OVERLAPING IN SEVENTH SCHEDULES
ENTRUSTEMENT OF UNION FUNCTIONS TO STATE AND VICEVERSA
ART 258(1) IMPOSES POWERS AND DUTIES TO STATE GOVT ITS OFFICES AND
AUTHORITIES- TO WHICH STATE HAS NEITHER HAS THE RIGHT TO MAKE ANY
LEGISLATION OVER IT NOR ITS CONSENT IS AN IMPORTANT CONDITION
PRECEDENT
CONTROL OF UNION EXECUTIVE OVER STATE LEGISLATION
ART.200,201 RECONSIDERATION OF PRESIDENT AND GOVERNORS IN THE BILLS
PASSED BY THE STATE LEGISLATURE
EMERGENCY PROVISIONS ART 352-359- CONSENT OF STATE GOVT. NOT
NECESSARY
INDEPENDENCY OF STATES – IMPOSITION OF TAXES
5. RECOMMENDATIONS OF THE
SARKARIA COMMISSION REPORT
“(a) A permanent Inter-State Council called the Inter-Governmental Council
(IGC) should be set up under Article 263.
(b) The IGC should be charged with the duties set out in clauses (b) and (c) of
Article 263, other than socio-economic planning and development.”
(para 9.10.01 of the Report)
6. RECOMMENDATIONS
ESTABLISHMENT OF A PERMANENT INTER STATE COUNCIL AS A NATIONAL
INDEPENDENT FORUM IN ACCORDANCE WITH ART.263
COORDINATION OF POLICIES OF LARGE COMMON INTEREST CONSULTATION
AND INTERACTION IS NECESSARY
DIVISION OF MATTERS IN STATE AND CENTRAL LIST IS NOT ABSOLUTE IT
OVERLAPS IN MANY AREAS
SETTING UP A COUNCIL UNDER ART.263 FOR THE SMOOTH INDEPENDENCY OF
STATES
FORMATION OF INTER GOVT.MENTAL COUNCIL CONSISTING OF P.M AND C.Ms
OF VARIOUS STATES TO DISCUSS VARIOUS ASPECTS OF GOVERNANCE IN DISPUTE
BETWEEN THEM RESPECTIVELY
SUGGESTED ACTIVE POLITICIANS, MEMBER OF RULING PARTY AT THE CENTRE
SUCH PERSONS SHALL NOT BE APPOINTED AS GOVERNORS
GOVERNORS ARE DEBARRED FROM ACCEPTING OFFICE OF PROFITS
7. RECOMMENDATIONS……..
JUDGES OF HIGH COURT SHOULD NOT BE TRANSFERRED WITHOUT THEIR
CONSENT
IMPLEMENTATION OF THE THREE LANGUAGE FORMULA i.e.,(Regional language,
Hindi ,English recommendation of Education Commission in 1965-66) FOR
MAINTAINING TRUE SPIRIT OF EACH STATES AND NATIONAL INTEGRITY
THE WORKS OF UNION AND STATE GOVT. WHICH DIRECTLY AFFECTS THE LOCAL
PEOPLE MUST BE IN LOCAL LANGUAGE
CENTRAL CONTROL OVER RADIO AND TELEVISION SHOULD BE CHANNALISED
TO EACH CENTRES AT STATE
FAVOURED FOR AMENMENTS IN SHARING CORPORATION AND CONSIGNMENT
TAX ONLY
INSISTED THAT INTER STATE COUNCIL STRICTLY MENTIONED FOR THE PURPOSE
MENTIONED IN ART.263 OF THE CONSTITUTION
8. RECOMMENDATIONS……..
SETTING UP EXPERT BODIES AT STATE LEVEL IN TERMS OF REFERENCE TO
FINANCE COMMISSION
RETENTION OF NATIONAL DEVELOPMENT COUNCIL(aim is to promote
common economic policy and ensure balanced development all over the country
CONSTITUTED IN 1967 ON OCT.7th )
DISPERSING OF ALL INDIA SERVICES AND CONSTITUTE A NEW ONE FOR THE
INTEREST NATIONAL INTEGRITY
9. DRAWBACKS AND ANALYSIS OF
SARKARIA COMMISSION REPORT
REPORT DID NOT SUGGEST DRASTIC CHANGES TO THE EXISTING SCHEMES
HOWEVER FAVOURED SEVERAL CHANGES TO BRING A SMOOTH RELATION
BETWEEN STATE AND UNION
NEITHER THE CONGRESS GOVT. THEN HEADED BY THE RAJIV GANDHI NOR
THE NATIONAL FRONT GOVT UNDER V.P SINGH ACCEPTED THE
RECOMMENDATIONS OF THE REPORT
THE UNITED GOVT. UNDER P.V NARASIMHA RAO DECIDED TO IMPLEMENT
SOME OF THE SUGGESTIONS OF THE REPORT IN 1996
ACTIVATED INTER STATE COUNCIL AFTER THE GAP OF 6 YEARS –SETUP A
PANEL TO EXAMINE THE IN DEPTH ISSUES AND DISPUTES BETWEEN THE
STATES AND UNION RELATIONS
10. INTER STATE COUNCIL:- composition
THE COUNCIL CONSISTS OF :-
THE PRIME MINISTER –CHAIRMAN
CHIEF MINISTERS OF ALL STATES – AS MEMBERS
CHIEF MINISTERS OF UNION TERRITORIES
SIX MINISTERS OF CABINET RANK IN THE UNION COUNCIL OF MINISTERS TO
BE NOMINATED BY THE PRIME MINISTER- MEMBERS
11. CONSTITUTIONAL PROVISIONS
RELATED ……….
ART 263 PROVISIONS RELATED TO INTER STATE COUNCIL – If at any time it
appears to the President that the public interests would be served by the
establishment of a Council charged with the duty of –
(a) inquiring into and advising upon disputes which may have arisen between
States;
(b) investigating and discussing subjects in which some or all of the States, or the
Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action with respect
to that subject,
it shall be lawful for the President by order to establish such a Council, and to
define the nature of the duties to be performed by it and its organization and
procedure.”
12. INTER STATE COUNCIL
IN JAN 1999 THE INTER STATE COUNCIL DECIDED TO IMPLEMENT 124
RECOMMENDATIONS OF THE REPORT
IN 2001 INTER STATE COUNCIL DECIDED GOVERNOR AFTER DEMITTING HIS
OFFICE SHALL NOT ACTIVELY RETURN TO POLITICS AND BANNED SUCH
ACTIVITY –HE CAN BE APPOINTED AS PRESIDENT OR VICE PRESIDENT
INTER STATE COUNCIL COVERED 59 RECOMMENDATIONS OF THE REPORT
WHICH EMPHASISED ABOUT ROLE OF GOVERNORS, LEGISLATIVE RELATIONS,
INTER GOVTMENTAL COUNCIL ,MINES AND MINERALS ,ALL INDIA SERVICES
,MASS MEDIA AND LANGUAGES
13. INTER STATE COUNCIL………….
THE ISSUE OF CENTRE –STATE RELATIONS AGAIN CAME UP FOR
CONSIDERATION BEFORE THE INTER-STATE COUNCIL AT ITS EIGHTH
MEETING HELD AT SRI NAGAR IN 28TH AUGUST 2003
THE COUNCIL INSISTED ON INCORPORATION OF CERTAIN SAFEGUARDS IN
THE CONSTITUTION SO THAT PRESIDENT’S RULE COULD NOT BE IMPOSED IN
THE STATE UNDER ART.326 IT INSISTED THATA ART.356 SHOULD BE USED
ONLY AS A LAST RESORT
14. INTER STATE COUNCIL-
PRESENT STATUS……..
"The Inter-State Council is certainly the most significant platform for
strengthening Centre-State and Inter-State relations “-NARENDRA MODI
The meetings of Inter-State Council and Zonal Councils are efforts to enable
Centre and States to actively participate on development related policies.“-
RAJNATH SINGH MINISTER OF HOME AFFAIRS
ELEVENTH MEETING OF INTER STATE COUNCIL CONDUCTED ON - 16TH JULY
2016, AT RASHTRAPATHI BHAWAN ,NEW DELHI
15. AGENDA OF ELEVENTH MEETING OF
INTER STATE COUNCIL………..
Consideration of the Recommendations of the Punchhi Commission on Centre-
State Relations
Use of Aadhaar as an identifier and use of DBT for providing Subsidies, Benefits
and Public Services
Improving Quality of School Education with focus on improving learning
outcomes, incentivizing better performance, etc.
Internal Security with focus on intelligence sharing and coordination for
combating terrorism / insurgency , police reforms and police modernization
16. CONCLUSION
TO IMPROVE THE CENTRAL STATE RELATIONS ON THE BASIS OF
RECOMMENDATIONS OF THE REPORT
EFFECTIVE WORKING OF INTER STATE COUNCIL- MUST NOT BE MERE
ADVISORY CHARACTER-BUT SHOULD BE EVOLVED AS A CONVENTION TO
ACEPT ALL THE RECOMMENDATIONS
RECOMMENDATIONS OF THE REPORT FOR THE UNITY AND INTEGIRTY OF
THE NATION
DEVELOPING A SMOOTH RELATION BETWEEN CENTRAL AND
STATE…………………………………..