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State Of Emergency In India
Part XVIII of the Constitution of India allows for a constitutional setup that can be proclaimed by the president of India as a state of emergency, 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 can suspend 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 thrice. # The first instance was between 26 October 1962 to 21 November 1962 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-Paki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Part XVIII Of The Constitution Of India
Part XVIII is a compilation of provisions pertaining to the Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ... as a country and the union of states that it is made of. Five of the articles in this part of the constitution consists of emergency provisions. Laws Part XVIII of the Indian constitution envisages the following three emergencies: *General Emergency (also called national emergency) *Break-down of constitutional machinery in the states -(also called state emergency) *Financial Emergency Articles 352 This article as enacted by the Constituent Assembly of India provides the president with powers to declare a state of emergency in the nation if he/she is satisfied that the stability and integrity of India is threatened by either external aggression or ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emergency Laws In India
An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening of the situation, although in some situations, mitigation may not be possible and agencies may only be able to offer palliative care for the aftermath. While some emergencies are self-evident (such as a natural disaster that threatens many lives), many smaller incidents require that an observer (or affected party) decide whether it qualifies as an emergency. The precise definition of an emergency, the agencies involved and the procedures used, vary by jurisdiction, and this is usually set by the government, whose agencies (emergency services) are responsible for emergency planning and management. Defining an emergency An incident, to be an emergency, conforms to one or more of the following, if it: * Poses an immediate threat to life, he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jammu And Kashmir (union Territory)
Jammu and Kashmir ( J&K) 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 Kashmir#Kashmir dispute, dispute between India and Pakistan since 1947 and between India and China since 1959.The application of the term "administered" to the various regions of Kashmir and a mention of the Kashmir dispute is supported by the WP:TERTIARY, tertiary sources (a) through (e), reflecting WP:DUE, due weight in the coverage. Although "controlled" and "held" are also applied neutrally to the names of the disputants or to the regions administered by them, as evidenced in sources (h) through (i) below, "held" is also considered politicised usage, as is the term "occupied", (see (j) below). (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 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punjab, India
Punjab () is a States and union territories of India, state in northwestern India. Forming part of the larger Punjab, 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 Jammu and Kashmir (union territory), Jammu and Kashmir to the north and Chandigarh to the east. To the west, it shares an international border with the identically named Pakistani province of Punjab, Pakistan, Punjab, and as such is sometimes referred to as East Punjab or Indian Punjab for disambiguation purposes. 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 larges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 most notably remembered for his minority judgment in the highly publicized ADM Jabalpur v. Shiv Kant Shukla ''habeas corpus'' case during the 1975 - 1977 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 that even the fundamental rights enshrined in the Constitution of India like the right to life and liberty stood abrogated during a period ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 in India, ''Fundamental Rights'' are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, birth place, religion, caste, creed, sex, gender, and equality of opportunity in matters of employment. They are enforceable by the courts, subject to specific restrictions. The Directive Principles of India, ''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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rajya Sabha
Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component of India’s bicameral legislature at the national level, complementing the Lok Sabha (House of the People). While the Lok Sabha embodies the will of the people through direct elections, the Rajya Sabha serves as the voice of the states in the law-making process, reinforcing the federal character of the Indian Union.Basu, D.D. *Introduction to the Constitution of India*, LexisNexis As a permanent body that cannot be dissolved, the Rajya Sabha ensures continuity in governance and safeguards regional interests by offering a platform where state perspectives can be articulated on national legislation.Kashyap, Subhash C. *Our Parliament*, National Book Trust Its creation reflects the constitutional vision of balancing the unity of the nation w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lok Sabha
The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective List of constituencies of the Lok Sabha, constituencies, and they hold their seats for five years or until the body is dissolved by the president of India on the advice of the Union Council of Ministers. The house meets in the Lok Sabha Chambers of the New Parliament House, 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 filled by the election of up to 543 elected members. Between 1952 and 2020, Anglo-Indian reserved seats in the Lok Sabha, two additional members of the Anglo-Indian community were also nominated by the President ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
