Concurrent list The Concurrent list has 47 subjects on which both the Parliament and the state legislatures can make laws. Absent from his classification is any mention of a separate judicial power. Different organs of government exercise different powers, i. Constitution clearly lays down the powers of different levels of government. There are certain changes regarding the authority of making laws. There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals. During the Indo-Pakistani wars of 1965 and 1971, the Hindu upper castes and their retainers fled to India.
Though, just like American constitution, in Indian constitution also, there is express mention that the executive power of the Union and of a State is vested by the constitution in the President and the Governor, respectively, by articles 53 1 and 154 1 , but there is no corresponding provision vesting the legislative and judicial powers in any particular organ. The new , which came into force on 26 January 1950, made India a sovereign democratic republic. But despite his initial keenness for preserving the center the tense communal situation caused him to conclude that partition had become necessary for a quicker transfer of power. It was a task at which both states failed. In the name of administrative adjudication of the right of individual citizens, the administrative agencies, which are statutory tribunals and domestic tribunals have been constituted and perform judicial function. The prevailing religions of the British Indian Empire based on the Census of India, 1909 The partition of India in 1947 eventually accompanied the creation of two independent , and.
Taxes Levied and Collected by the Union and Distributed between Union and the States: Certain taxes shall be levied as well as collected by the Union, but their proceeds shall be divided between the Union and the States in a certain proportion, in order to effect an equitable division of the financial resources. In the Concurrent sphere, in case of repugnancy between a Union and a State law relating to the same subject, the former prevails. For instance, in the Commissioner of Customs vs. This was not enough to satisfy either the Congress or the Muslim League, who both rejected the offer in September, and shortly afterwards Congress launched a fresh campaign of civil disobedience. It is under this provision that most of the big industries, like iron, steel and coal, have been taken over by Parliament under its jurisdiction.
A History of India: Volume 1. It is a very peculiar attitude on the part of the leader of the opposition. Section 61 of Constitutional Reforms Act, 2005 provides for Constitution of Judicial Appointments Commission, for appointments of Judges in the Supreme Court as well as the court of appeal. This proved to be a mistake as it alienated the Congress further from the Muslim masses. Since both censuses were held about 3.
For example, in India, the Constitution defines the way power is to be shared between the Central or Union government and the various State governments. Power can be shared among government at different levels like union, state and local level of government, i. However, it is often alleged that the judiciary crosses its territory pertaining to the Legislature or executive and is termed as judicial overreach or judicial adventurism. Constitution is base on a separation of powers. The regional leaders like Chandrababu Naidu, Karunanidhi, Mulayam Singh Yadav, G.
The Muslim League won the majority of the Muslim vote as well as most reserved Muslim seats in the provincial assemblies and it also secured all the Muslim seats in the Central Assembly. Thus, the King, though an executive head is also an integral part of the Legislature. In Bengal, the League had to share power in a coalition headed by , the leader of the. If men were angels, no government would be necessary. Bargaining Federalism: Emerging Trends : The end of one party rule in the Centre after the debacle of the Congress in 1996 has seen five national elections and governments in 1989, 1991, 1996, 1998 and 1999.
Muslims in India Since 1947: Islamic Perspectives on Inter-Faith Relations. The Government undertook a census of refugees in West Punjab in 1948, which displayed their place of origin in India. So, any amendment violating the basic features will be held unconstitutional. Archived from on 9 January 2014. Except for Plymouth Colony and Massachusetts Bay Colony, these English outposts added to their democratic systems, an important step towards the development of.
The provision of a Concurrent List has two distinct advantages. Thus, the power of the State Legislature to legislate with respect to matters enumerated in the State List has been made subject to the power of the Union Parliament to legislate in respect of matters enumerated in the Union and Concurrent Lists, and the entries in the State List have to be interpreted accordingly. Complete separation of powers systems are almost always , although theoretically this need not be the case. Religious minorities were expected to stay put in the states they found themselves residing in. The worst case of violence among all regions is concluded to have taken place in Punjab. In the , the League joined the Congress in the proposal for greater self-government that was campaigned for by Tilak and his supporters; in return, the Congress accepted separate electorates for Muslims in the provincial legislatures as well as the Imperial Legislative Council.
In India, during pre-independence times, the criminal magistracy was placed under the direct control of the executive. A settlement consisting largely of Sikhs and Punjabi Hindus was also founded in Central Mumbai's Sion Koliwada region, and named. Another study of the demographic consequences of partition in the Punjab region using the 1931, 1941 and 1951 censuses concluded that between 2. Pakistani diplomat in Delhi, Hussain, alleged that the Indian government was intent on eliminating Delhi's Muslim population or was indifferent to their fate. The term also does not cover the of into the two new dominions, nor the disputes of annexation or division arising in the princely states of , , and , though violence along religious lines did break out in some princely states at the time of the partition. Like every parliamentary form of government, there is no real separation between Legislature and Executive, rather a continuum between them due to the confidence link. In the original constitution of 1814 the Montesquieu concept was enshrined, and the people at the time had the same skepticism about political parties as the American founding fathers and the revolutionaries in France.
In matters of social welfare, it is open to the State legislatures either to take the initiative in making laws or to enact laws which are supplementary to the Parliamentary laws. In November 2000, three new states were created; namely, from eastern , Uttaranchal from northwest renamed in 2007 and from southern districts of Bihar. But it would still be competent for Parliament to override such State law by subsequent legislation. Indian Muslim migration to Pakistan declined drastically in the 1970s, a trend noticed by the Pakistani authorities. Besides grants-in-aid, States also sometimes depend heavily on the Union for loans. Magistrates are nominated by the minister on proposal from a Council of the Magistrates.