Legal World By Shivanshu Katare

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Notes - II System of Governance

C oncept of federalism in governance. Advantages and disadvantages of a federal system Federalism is a system of governance in which power is divided between a central authority and various regional or state governments. In a federal system, the central government shares its powers with constituent units (states, provinces, or regions) which have their own powers and responsibilities. This division of authority is typically outlined in a constitution, which defines the roles and powers of both levels of government. Federalism is designed to manage the diversity within a country by allowing local governments to make decisions that suit their specific needs while maintaining unity under a central government. Advantages of Federalism: Encourages Local Autonomy: Federalism allows states or regions to make decisions tailored to their own needs, ensuring that policies reflect local values, priorities, and conditions. This local autonomy can lead to more effective and responsive governa...

Notes I - System of Governance

Concept of governance and its significance in modern societies. Governance refers to the process through which decisions are made, implemented, and enforced within a society. It involves the structures, systems, policies, and practices that help govern both public and private institutions. In modern societies, governance is not just the domain of governments but also includes organizations, private sectors, civil society, and international institutions. It is defined by the way authority is exercised, policies are formulated, and the overall effectiveness of decision-making processes that shape the future of a society. The significance of governance in modern societies can be discussed across several key dimensions: Legitimacy and Stability: A well-established governance system ensures that authority is exercised in a manner that is accepted by the people, contributing to the legitimacy and stability of the political and social structures. Good governance provides citizens ...

Article 368 of the Indian Constitution – Constitutional Amendments

1. Overview: Article 368 of the Indian Constitution outlines the process for amending the Constitution . It provides the Parliament with the power to amend the Constitution, subject to certain limitations to protect the basic structure of the Constitution. 2. Types of Constitutional Amendments: There are three types of constitutional amendments based on the nature of the changes: Type 1: Amendment by a Simple Majority Requires a simple majority of the Parliament (i.e., more than half of the members present and voting). Example: Changes related to the regulation of parliamentary procedures (e.g., changing the name of a state). Type 2: Amendment by a Special Majority of Parliament Requires: A special majority in both Houses (i.e., at least two-thirds of the members present and voting). The majority must also be more than half of the total membership of both Houses. Example: Amendments to the fundamental rights or the distribution o...

Article 360 of the Indian Constitution – Financial Emergency

1. Overview: Article 360 of the Indian Constitution provides for the proclamation of a Financial Emergency if the President is satisfied that the financial stability or credit of India is threatened. This provision is designed to address situations where the country faces a severe financial crisis that could impact the economic stability of the nation. 2. Conditions for Proclamation: The President can proclaim a Financial Emergency if: The financial stability or credit of India is threatened. This threat could arise from situations like: Economic crises (e.g., fiscal deficits, balance of payments crises). Loss of revenue affecting the central or state governments. Global financial shocks impacting India’s economy. 3. Procedure for Proclamation: Presidential Proclamation: The President can proclaim a Financial Emergency if he is satisfied with the situation, without the need for prior approval from Parliament . Parliamentary Ap...

Article 356 of the Indian Constitution – State Emergency (President’s Rule)

1. Overview: Article 356 of the Indian Constitution provides for the imposition of President’s Rule in a state if the Governor reports to the President that the government in the state is not functioning according to the provisions of the Constitution . This is commonly referred to as "State Emergency" or "President’s Rule" . 2. Conditions for Imposition: Failure of Constitutional Machinery: The President’s Rule can be imposed if: The state government is unable to function as per the Constitution. There is a breakdown of law and order . The Governor reports that the government is not able to discharge its constitutional responsibilities. 3. Procedure for Proclamation: Governor’s Report: The process starts with the Governor of the state sending a report to the President about the failure of the constitutional machinery. Presidential Proclamation: The President may then issue a proclamation under Article 356, assuming th...

Article 352 of the Indian Constitution - National Emergency

Article 352 of the Indian Constitution deals with the Proclamation of Emergency . Here are detailed notes on its key aspects: 1. Overview: Article 352 provides the President with the power to proclaim an emergency in the country if there is a threat to the security of India or any part of it, either due to war, external aggression, or armed rebellion . 2. Conditions for Proclamation: The President can proclaim an emergency if: The security of India or any part of it is threatened by war, external aggression, or armed rebellion. This threat must be of such a nature that it requires immediate action. 3. Procedure for Proclamation: The President can act on the advice of the Council of Ministers (headed by the Prime Minister) or based on his own judgment in case of a grave emergency . Parliamentary Approval: The proclamation must be approved by Parliament within two months from the date of its issuance. If Parliament does not approve, the em...