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Showing posts with the label judiciary

Checks and Balances are important than Separation of powers

Indian constitution when prepared and put to discussion many legal luminaries criticised the constituent assembly work some called it as  " A Borrowed Constitution" or "Elephant Size Constitution" and strongly criticised it as "slavish imitation of the western mindset, much more - a slavish surrender to the west". There is no nation with such a lengthy constitution as India did. This is because of its historical, cultural and civilization roots with the land and people, this constitution came to reality in 1950.  Many amendments and legislative bills added value to the constitutions. Many modern ideas with conservative principles were accomadated by the Indian constitution.The safeguards to minorities with freedoms to individual were laid out in the provisions of constitution. Such provisions is bound to have conflicts or overlaps. In governance the main organs of the system are Legislative, Executive and Judiciary. Even though the functions of thes...

The Central Administration Tribunal (CAT)

“The Central Administration Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain The first Administrative Reform Commission (ARC::1966-70) recommended the setting up of civil service tribunals to function as appellate authority. The call was again given by J.C. Shah committe for establishment of an administrative tribunal to adjudicate on service matters. An administrative tribunal act as quasi-judiciary body for settling issues or disputes.  The Central Administrative Tribunal (CAT) was established through 42nd constitutional amendment act in 1976 under Part XIV-A of the constitution. In order to discharge the justice in fast and fair manner the tribunals came into existence.  CAT adjudicates the disputes with respective to recruitment and conditions of service of persons appointed to public services. CAT also ha...

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.   ...