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Showing posts with the label constitution

France can learn from Indian secular model

France is know as heart of revolution. In history of revolutions the contribution by french during 1789 is immense. The famous Liberty, Equality and Fraternity ideals came from such revolutions. These ideals also enriched the Indian constitution by taking prior position in Indian Preamble. India is very much indebted to the french contributions. The France can also learn from the experiments of Indian model of democracy for its benefit.                                             The New York Times post of Sylvie Kauffman regarding the Indian model of Secularism and French model of secularism analysied in perspective of Western lens. The text in the post has more Judgemental and Conclusions about India and less real experiences in India. Even she claims to have visited India few trips but it takes life times of experience to understand the model of Indian system and ...

Principles of Federal Supremacy and Harmonious Construction

The 5 principles laid down by Supreme Court on the rule of harmonious construction in the landmark case of CIT Vs Hindustan Bulk Carriers. On case by case basis the courts with held the supremacy of the federal structure some time giving weight to center and sometime to state. The distribution of legislative power between the center and the states is the most important aspect of Indian federal structure.                                                                7th schedule of the constitution had made elaborate provisions for division of legislative powers through lists (List 1-Union, List 2-State, List 3-Concurrent list). Even though lists are clearly itemized, some overlapping nature of these lists will lead to conflicts.For Example: Animal Husbandry Vs Prevention of Cruelty against animals.   ...

Features of the Representation of the People Act,1950 and 1951

Indian electoral system is a cumbersome process, it is left to Chief  Election Commission (C.E.C) and State Election Commissions to perform the task for every 5 years. The entire process of electoral exercise rests on three pillars - Article 326 of the constitution, Representation of the People Act 1950 and Representation of the People Act 1951.                                Article 326  of the constitution provides that the election to the House of People and Legislative Assembly of States should be conducted on the basis of adult suffrage i.e citizens who are 18 years of age are entitled to vote. Constitution allows Parliament to make provisions in all matters relating to elections for parliament and state legislatures. PROVISIONS OF R.P.A 1950 :  It provides for the allocation of seats in the House of the peop...