State Of Emergency In India
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State Of Emergency In India
A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when the consultant group perceives and warns against grave threats to the nation from internal and external sources or from financial situations of crisis. Under Article 352 of the Indian constitution, upon the advice of the cabinet of ministers, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the states which form the federation. In the history of independent India, such a state of emergency has been declared three times. # The first instance was between 26 October 1962 to 10 January 1968 during the India-China war, when "the security of India" was declared as being "threatened by external aggression". # The second instance was between 3 and 17 December 1971, which was originally proclaimed during the Indo-Pa ...
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India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, int ...
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Forty-fourth Amendment Of The Constitution Of India
The Forty-fourth Amendment of the Constitution of India, officially known as the Constitution (Forty-fourth Amendment) Act, 1978, was enacted by the Janata Party which had won the 1977general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency". The Amendment aimed to undo several changes that had been made to the Constitution by the 42ndAmendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency. Legislative history The bill of the Constitution (Forty-fourth Amendment) Act, 1978 was introduced in the Lok Sabha on 16December 1977 as the Constitution (Forty-fourth Amendment) Bill, 1977. It was introduced by Shanti Bhushan, Minister of Law, Justice and Company Affairs. The bill sought to amend articles 19, 22, 30, 31A, 31C, 38, 74, 77, 83, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 194, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360, 366, 368 and 371F and the ...
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Jammu And Kashmir (union Territory)
Jammu and Kashmir is a region administered by India as a union territory and consists of the southern portion of the larger Kashmir region, which has been the subject of a dispute between India and Pakistan since 1947, and between India and China since 1962.(a) (subscription required) Quote: "Kashmir, region of the northwestern Indian subcontinent ... has been the subject of dispute between India and Pakistan since the partition of the Indian subcontinent in 1947. The northern and western portions are administered by Pakistan and comprise three areas: Azad Kashmir, Gilgit, and Baltistan, the last two being part of a territory called the Northern Areas. Administered by India are the southern and southeastern portions, which constitute the state of Jammu and Kashmir but are slated to be split into two union territories. China became active in the eastern area of Kashmir in the 1950s and has controlled the northeastern part of Ladakh (the easternmost portion of the region) sinc ...
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Punjab, India
Punjab (; ) is a States and union territories of India, state in northern India. Forming part of the larger Punjab region of the Indian subcontinent, the state is bordered by the States and union territories of India, Indian states of Himachal Pradesh to the north and northeast, Haryana to the south and southeast, and Rajasthan to the southwest; by the Indian union territory, union territories of Chandigarh to the east and Jammu and Kashmir (union territory), Jammu and Kashmir to the north. It shares an international border with Punjab, Pakistan, Punjab, a Pakistani province, province of Pakistan to the west. The state covers an area of 50,362 square kilometres (19,445 square miles), which is 1.53% of India's total geographical area, making it List of states and union territories of India by area, the 19th-largest Indian state by area out of 28 Indian states (20th largest, if UTs are considered). With over 27 million inhabitants, Punjab is List of states and union territories of ...
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Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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President's Rule
In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state. Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants. When a state government is functioning correctly, it is run by an elected Council of Ministers responsible to the state's legislative assembly (Vidhan Sabha). The council is led by the chief minister, who is the chief executive of the state; the Governor is only a constitutional head. However, during President's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either pror ...
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Telangana
Telangana (; , ) is a States and union territories of India, state in India situated on the south-central stretch of the Indian subcontinent, Indian peninsula on the high Deccan Plateau. It is the List of states and union territories of India by area, eleventh-largest state and the List of states and union territories of India by population, twelfth-most populated state in India with a geographical area of and 35,193,978 residents as per 2011 Census of India, 2011 census. On 2 June 2014, the area was separated from the northwestern part of Andhra Pradesh as the newly formed States and union territories of India, state with Hyderabad as its capital. Its other major cities include Warangal, Nizamabad, Telangana, Nizamabad, Khammam, Karimnagar and Ramagundam. Telangana is bordered by the states of Maharashtra to the north, Chhattisgarh to the northeast, Karnataka to the west, and Andhra Pradesh to the east and south. The terrain of Telangana consists mostly of the Deccan Plateau wi ...
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Chhattisgarh
Chhattisgarh (, ) is a landlocked state in Central India. It is the ninth largest state by area, and with a population of roughly 30 million, the seventeenth most populous. It borders seven states – Uttar Pradesh to the north, Madhya Pradesh to the northwest, Maharashtra to the southwest, Jharkhand to the northeast, Odisha to the east, Telangana and Andhra Pradesh to the south. Formerly a part of Madhya Pradesh, it was granted statehood on 1 November 2000 with Raipur as the designated state capital. Chhattisgarh is one of the fastest-developing states in India. Its Gross State Domestic Product (GSDP) is , with a per capita GSDP of . A resource-rich state, it has the third largest coal reserves in the country and provides electricity, coal, and steel to the rest of the nation. It also has the third largest forest cover in the country after Madhya Pradesh and Arunachal Pradesh with over 40% of the state covered by forests. Etymology There are several theories as to the ...
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Hans Raj Khanna
Hans Raj Khanna (3 July 1912 – 25 February 2008) was an Indian judge, jurist and advocate who propounded the basic structure doctrine in 1973 and attempted to uphold civil liberties during the time of Emergency in India in a lone dissenting judgement in 1976. He entered the Indian judiciary in 1952 as an Additional District and Sessions Judge and subsequently was elevated as a judge to the Supreme Court of India in 1971 where he continued till his resignation in 1977. He is eulogized for his minority judgment in the highly publicized Habeas corpus case during the Indian Emergency, in which the remaining four judges of the five-member bench, Chief Justice A. N. Ray, Justice M. H. Beg, Justice Y. V. Chandrachud and Justice P. N. Bhagwati, agreed with the government's view and submission that even the fundamental rights enshrined in the Constitution of India like the right to life and liberty stood abrogated during the period of national emergency. Khanna was the lone disse ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Fundamental Rights, Directive Principles And Fundamental Duties Of India
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India. The ''Fundamental Rights'' are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, place of birth, religion, caste, creed, gender, and equality of opportunity in matters of employment.They are enforceable by the courts, subject to specific restrictions. The ''Directive Principles of State Policy'' are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that t ...
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Fundamental Rights Of Indian Citizens
The Fundamental Rights in India enshrined in the III (Article 12-32) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are most essential for all-round development i.e., material,intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a prope ...
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