Thirty-ninth Amendment Of The Constitution Of India
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Thirty-ninth Amendment Of The Constitution Of India
The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977. It was moved by the Congress government headed by Indira Gandhi to preempt a hearing by Supreme Court of India concerning the setting aside of Gandhi's election by the Allahabad High Court on the grounds of corrupt electoral practices. Background Indira Gandhi was accused by Raj Narain for misusing the state machinery during her election polls. After that, the Allahabad High court did find her guilty, by virtue of which dismissed her immediately from the Lok Sabha. The high court also barred her from contesting in future elections for 6 years and demanded her resignation from PM post. Indira Gandhi appealed to the supreme court the same day and her case was accepted. The court granted her bail ...
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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 To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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The Emergency (India)
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of prevailing "internal disturbance", the Emergency was in effect from 25 June 1975 to its withdrawal on 21 March 1977. The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. Several other human rights violations were reported from the time, including a mass campaign for vasectomy spearheaded by her son Sanjay Gandhi. The Emergency is one of the most controversial periods of Indian history since its independence. The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and ratified ...
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Amendments Of The Constitution Of India
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They are often used when it is better to change the document than to write a new one. Only the legislative branch is involved in the amendment process. Contracts Contracts are often amended when the market changes. For example, a contract to deliver something to a customer once a month can be amended if the customer wants it delivered once a week. Usually Contracts also are categorized for their promotion in a nation, such as the Treaty of Versailles. Law Legislation In parliamentary procedure, a motion is a proposal to do something. The wording of such a proposal can be changed with a motion to amend. Amendments can remove words, add words, or change words in motions. All main motions and some secondary motions can be amended. An ...
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1975 In India
Events in the year 1975 in the Republic of India. Sports * India won the Men's Hockey World Cup first time. It was held in kuala Lumpur, Malaysia Incumbents * President of India – Fakhruddin Ali Ahmed * Prime Minister of India – Indira Gandhi * Chief Justice of India – Ajit Nath Ray Governors * Andhra Pradesh – Khandubhai Kasanji Desai (until 25 January), S. Obul Reddy (starting 25 January) * Assam – L. P. Singh * Bihar – Ramchandra Dhondiba Bhandare * Gujarat – Kambanthodath Kunhan Vishwanatham * Haryana – Birendra Narayan Chakraborty (until 27 March), Birendra Narayan Chakraborty (starting 27 March) * Himachal Pradesh – S. Chakravarti * Jammu and Kashmir – L. K. Jha * Karnataka – Mohanlal Sukhadia (until 10 January), Uma Shankar Dikshit (starting 10 January) * Kerala – N. N. Wanchoo * Madhya Pradesh – Satya Narayan Sinha * Maharashtra – Ali Yavar Jung * Manipur – L.P. Singh * Meghalaya – L.P. Singh * Nagaland – L.P. Singh * Odisha ...
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Doctrine Of Basic Structure
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in '' Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution. In ''Kesavananda'', Justice Hans Raj Khanna propounded that the Constitution of India has certain ''basic features'' that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution ...
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State Of Uttar Pradesh V
State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organization ...
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Forty-second Amendment Of The Constitution Of India
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed as the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and secti ...
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Rule By Decree
Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group. It allows the ruler to make or change laws without legislative approval. While intended to allow rapid responses to a crisis, rule by decree is often abused by authoritarian leaders to weaken democratic institutions or even establish dictatorships. When a state of emergency, such as martial law, is in place, rule by decree is common. While rule by decree is easily susceptible to the whims and corruption of the person in power, it is also highly efficient: a law can take weeks or months to pass in a legislature, but can be edited with ease by a leader ruling by decree. This is what makes it valuable in emergency situations. Thus, it is allowed by many constitutions, including the French, Argentine, Indian and Hungarian constitutions. The expression is also sometimes used when describing actions of democratic governments that are perceived to unduly bypass parliame ...
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Lok Sabha
The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi. The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500). Currently, the house has 543 seats which are made up by the election of up to 543 elected members and at a maximum. Between 1952 and 2020, 2 additional members of the Anglo-Indian community were also nominated by the President of India on the advice of Government of India, which was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019. The ...
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President Of India
The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president was created when India officially became a republic on 26 January 1950 after gaining independence on 15th August 1947, when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories, who themselves are all directly elected by the citizens. Article 53 of the Constitution of India states that the president can exercise their powers directly or by subordinate authority (with few exceptions), though all of the executive powers vested in the president are, in practice, exercised by t ...
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Raj Narain
Raj Narain (23 November 1917 – 31 December 1986) was an Indian freedom fighter and politician. He won in a famous electoral malpractice case against the then Prime Minister Indira Gandhi, which led to her disqualification and imposition of Emergency in India in 1975. He defeated Indira Gandhi during the 1977 Lok Sabha elections. Early life Raj Narain was the son of Anant Prasad Singh and was born on 23 November 1917 in an affluent Bhumihar Brahmin also known as Babhan family in the village Motikoat in Varanasi. He was related to the Narayan dynasty, who were the royal family of the Benares State, and he was directly associated with the family of Maharaja Chet Singh and Maharaja Balwant Singh, who were the Maharajas of Benares State, over a century back. He was educated at Banaras Hindu University, and did M.A. and LL.B. Activities during India's Freedom Movement A Political and Social worker he organized a school for adults, a girls school, a study centre and a labour organ ...
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