Showing posts with label Polity General Knowledge. Show all posts
Showing posts with label Polity General Knowledge. Show all posts

Apr 12, 2022

Why President Cannot Dictator NGOs Role In Rural Development

Why President Dictator NGOs Role Rural Development
President NGOs 

Why President Cannot Be Dictator In India

According to the Indian Constitutional framework The President is the Head of the state, while Prime Minister is the Head of Government. The Supreme Court has consider that the position of the President in India, According to the Constitution is similar to the position of Crown in the British Parliamentary system. In the Constitution, Article 74(1) clearly defined that there shall be a Council of Ministers with Prime Minister to aid and advice President in exercise of his duties and functions. Therefore Indian President is a ceremonial head who can do nothing against the advice of Council of Ministers or can not do anything without the advice of Council of Ministers and prime minister. In the case of any abuse of power by the President, he can be removed from the office by impeachment through the Parliament. The Indian Government has a President but not a Presidential form of Government like as in the United States of America. According to the Indian Constitution the President is the head of the State but not head of the Executive. The President represents the nation but does not rule on the nation. The role of President in Indian democracy is impartial and above the party politics, he influence the decisions of the Prime Minister. The President has many exclusive legislative, executive and judicial powers but he can not be emerge as a dictator, because there are many sufficient checks and balances on the president powers.

NGOs Role In Rural Development

The Non Governmental Organisations (N.G.Os) are playing a important role in implementing the social welfare and rural development schemes in India or other underdeveloped nations. The major areas of Non Governmental Organisations (NGOs) in which they work, are micro-finance, micro insurance, and micro entrepreneurship activities for the overall development of the rural areas in the underprivileged and underdeveloped nations. the Non Governmental Organisations (NGOs) generate their own finance, NGOs work have a better credibility and access in the rural areas. Non Governmental Organisations (NGOs) are take part in many community development programs like, adoption of villages for development, relief work during natural disasters and welfare of the people. NGOs make a direct link between villages and government for implementing the government's welfare schemes and marketing of the goods. Non Governmental Organisations (NGOs) also take part in the government's policy planning, because they better known the real impediments of rural development. NGOs are also doing well In the agriculture sector activities involving the distributing planting materials, cattle, poultry, minor irrigation, free medical care for cattle etc. Therefore Non Governmental Organisations (NGOs) are playing a diverse role in the rural development of the underdeveloped nations, and they are required better support by the government and civil society. In India Uttar Pradesh has the highest number of NGOs in the country, which are in numbers over 5.5 lakhs. NGOs consider as a voice of marginalised and exploited people and NGOs help those marginalised and exploited people in accessing justice. NGOs reduce the caste divides in the rural areas by promoting common welfare programmes

Apr 3, 2022

Article 32 Indian Constitution Heart And Soul

Article 32 Constitution Heart And Soul

Heart And Soul Of Indian Constitution Article 32

Article 32 is known as the Heart and soul of indian Constitution. Article 32 includes the fundamental rights of individuals, that come under Part III of the Indian Constitution. It allows an individual to direct approach the Supreme Court, if he or she believes that his or her fundamental rights have been violated. Article 32 gives the power to an individual to safeguard and protect the fundamental rights of the individual. violation and enactment of the Fundamental Rights the constitutional weapons Writs, are being performed both by The Supreme Court and The High Court under Article 32 and 226 to issue directions, orders for the enforcement of the fundamental rights. Article 32 is also called the Right to Constitutional Remedies. Dr B.R. Ambedkar had said, that without article 32 the Constitution would be a nullity, Article 32 is the heart and soul of the Indian Constitution. The fundamental rights are guaranteed under Article 32, and cannot be suspended unless provided for by the Constitution.In the judgment of the L. Chandra Kumar vs Union Of India case, a bench of seven judges had declared that Article 32 is an integral and essential feature of the Constitution basic structure. During the 1975 Emergency, in the ADM Jabalpur vs Shivakant Shukla case, a bench of five judges of the Supreme Court, had ruled out that the Article 32 constitutional remedies would remain suspended during a national emergency. People will not be able to enforcement of their fundamental rights. In the 1977 Janata Party passed the 44th Amendment to restore the Constitution. the 44th Amendment said that an emergency could only be proclaimed after the prime minister and his or her cabinet gave a written advice to the president. Unlike in 1975 the prime minister alone taken a decision of  an emergency proclamation, without any written explanation and without consent of the cabinet. The article 32 constitutional remedies provided to the citizens is the most powerful immediate effects orders to protect the fundamental rights engrafted in the Indian Constitution. Article 32 ensures that no citizen's fundamental rights will be left unheard and deprived of being the citizens of an independent country.

Jan 17, 2022

Inter State Councils Cooperative Federalism

Inter State Councils Cooperative Federalism Usa

Inter State Councils

India is a democratic, federal system of government. in which two-tier government ensure unity in diversity and acquire common national goals between the Central Government, and the State governments. to maintain harmonious relation between the Centre and the states, The Parliament of India has inter-state councils under Article 263.

Cooperative Federalism

Federal term is not mention anywhere in the Constitution of India. it is used for the structure of governance. in federal nature of  governments both the Union and the States governments have separate legislative, executive and judicial wings of governance. Secondly, the jurisdictions, powers and functions of the Union and the State Governments clearly demarcated by the Constitution of India.

Indian federation system of governance at the national, state and local levels enables that the country mobilizes all its resources to maintain its harmony, integrity and progress of the country.

it is seen in India that when the central and states governments were the same political party, the cooperative framework worked very well between center and States governments, on the other hand when different political parties are in power in the centre and the states, there are signs of stresses and tensions in intergovernmental relations. the Article 263 of the Constitution provide set up of an Inter-State Council for investigation, discussion and recommendation for better coordination between the centre and the states governments. under the State Reorganization Act 1956 there is a provision of set up the Zonal Councils, which provide another institutional mechanism to resolve the differences and strengthen the framework of cooperation between centre, state and inter-state cooperation. The National Development Council, the National Integration Council have been set up by various ministries to strengthen cooperation, between the Centre and the States, to share mutual concerns on various issues.major challenges for the Indian federation is, how best these mechanisms of cooperative federalism can be strengthened between the Centre and the States.

Jan 7, 2022

Impacts of Judicial Activism On Executive and Judiciary

Judicial Activism Executive Judiciary

Judicial Activism

A judiciary is an independent, unprejudiced and unbiased body in India. It function according to the framework of the constitution of India. Judicial Activism is a legal term, which meaning is the rulings of the court, based on the political, personal factors of the Judges, rather than current or existing legislation. judicial activism is a judicial decision-making by judges on the public policy, by considering their personal views and other factors, to guide their decisions.

Impacts of Judicial Activism On Executive and Judiciary in India 

The judicial activism was evolved through the process of judicial review in Britain. in Britain 1610, The Chief Justice of Britain Coke stated first time that, if a law made by Parliament or executive breached the principles of fundamental law; and ‘reason, then it could be reviewed and adjudicated as void by the judiciary.the main authority of Judicial activism in India is the  Supreme Court and the high courts, but the subordinate courts don't have this power, to declare law and regulations unconstitutional and void made by executive, if they breach or incompatible according to the constitutional clauses. initially The Supreme Court of India was the technocratic court but now more active through constitutional interpretation. through the involvement of supreme court in interpretation of law and statutes of Judicial Review. After the independence, the executive and legislative bodies dominated and intervened in the working of the judiciary. in 70s the Apex court started the judicial structural review of the constitution.

In the landmark case of Keshwananda Bharti the apex court of India declared that the executive had no right to intercede and tamper the basic structure of the constitution, the concept of judicial activism started gaining more power from there. in the case Golaknath vs State Of Punjab the Supreme Court declared that, Fundamental Rights are immune and cannot be amended by the legislative assembly.

May 16, 2021

Polity General Facts Part One

Polity General Facts

Polity General Knowledge Facts

69th Constitutional Amendment Act and Delhi Government

The 69th Constitutional Amendment act which was passed in 1991, based on the conflict between Lt. Governor and the elected government of Delhi. This act limit the constitutional powers of the elected government in the National Capital Territory of Delhi. The amendment act is provide legislative assembly and Council of Ministers and declared the Union Territory of Delhi as the National Capital Territory of Delhi. Lt. Governor was given discretionary power in the matters of appointments. the government of delhi. can make laws on all matters of the State List except public order, land and police. The conflicts between the Lt. Governor and the government of delhi happened due to discretion by the Lt. Governor with regards to matters such as appointments, The delhi government has accused the LG of acting on behalf of the centre to prevent proper functioning of the government. the govenment claims that the LG should act on the aid and advice of CoM on matters except those stated in the 69 amendment. there has been trust deficit between the state/UT govts and the governors or administrators acting on behalf of centre. Delhi governments have asked for more power. There is a need for harmonious functioning between the centre lt. governor and delhi government. The people of Delhi will become the main victim of the conflict between the centre Lt. governor and delhi government. Good governance between the state and the center will enable smooth functioning of the development process and the welfare of people and the development of the country.

Indian Constitution Article 370

Article 370 of the Indian constitution is a temporary special provision for the autonomous status of Jammu and Kashmir. All the provisions of the indian constitution do not imposed on Jammu and Kashmir besides Article 1, others provisions of the indian constitution can be applied on the Jammu and Kashmir by the president consultation with the state government. The power of the Parliament to make laws for the Jammu and Kashmir is limited to only for external affairs, defence, communication and ancillary matters. On other matters Parliament can make laws only with the consent of the Jammu and Kashmir state. However, the Article 370 itself clearly states that provisions with respect to the state of Jammu and Kashmir are only temporary and not permanent. The president of india can declare that article 370 can be ceases or operates with exceptions and modifications. But this can be done by the President only on recommendation of constituent Assembly of the state.

The Indian Political Party System

The Indian Political party system, after India Independence in 1947, india has more than 200 Political parties, which  provides a contrasting picture of partial success, serious shortcomings and huge challenges under democratic governance. The contradictions and paradoxes in the Leadership of political parties in India present a phase of transition, which can be described as follows, Mostly in Indian Politics Votes are sought in the name of the leader of a party rather than ideology of the party or others social issues. we can see in the 2014 general elections as only one person name give the huge victory. Now in India we can see the emergence of valueless and person centric politics on the basis of the caste, religion, money and muscle power. which result no single party dominance and increase in influence of regional parties. in India different sections of the people based on religion, region, language, caste and ethnicity, This has led to the rise of many regional political parties, such as the Shiv Sena's pro-Marathi agenda. People's Democratic Party for Kashmiri Muslim identity and Telugu Desam Party in Andhra Pradesh, and the Rashtriya Janata Dal has a votebank among the Yadav and Muslim population in Bihar. Due to regional political parties contradictions and paradoxes, the main issues like poverty, unemployment and development, terrorism, naxalism, religious violence and caste-related violence are ignored by many political parties.