query: under which article of the constitution is the president rule promulgated on any state in india

pos: President's rule President's rule In India, President's rule is the suspension of state government and imposition of direct Central Government rule in a state. Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central 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

pos: Emergency provisions of the Constitution of India constituted on 27 January 1989 after the General Elections held on 21 January 1989. Before the expiry of the term of the Assembly, the President by a Proclamation issued on 30 January 1991, under Article 356 of the Constitution of India dissolved the Ninth Tamil Nadu Legislative Assembly and imposed President's Rule in Tamil Nadu. Final Table Emergency provisions of the Constitution of India Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or

pos: Federalism in India matters. When a State violates the Constitution, Presidential rule is imposed under Article 356 and the President takes over the State’s administration with "ex post facto" consent of the Parliament per Article 357. Article 282 accords financial autonomy in spending financial resources available to the states for public purpose. allows States to borrow without limit without consent from the Union government. However, the Union government can insist upon compliance with its loan terms when a state has outstanding loans charged to the consolidated fund of India or a federally-guaranteed loan. The President of India constitutes a Finance Commission every five

pos: Direct rule province until 1937, when it became a separate British colony, gaining its own independence in 1948. In the Republic of India, "President's rule" refers to the imposition of Article 356 of the Constitution of India on a state whose constitutional body has failed. In the event that a state government is unable to function, the Constitution provides for the state to come under the direct control of the central government. In other words, it is "under the President's rule". Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint retired civil servants or other

pos: Emergency provisions of the Constitution of India of the period of the Assembly, the President by a Proclamation issued on 31 January 1976, under article 356 of the Constitution, dissolved the Fifth Assembly and imposed President's Rule for the first time in Tamil Nadu. The Eighth Assembly was constituted on 16 January 1985 after the General Elections held on 24 December 1984. Before the expiry of the period of Assembly, the President by a proclamation issued on 30 January 1988, under Article 356 of the Constitution dissolved the Eighth Tamil Nadu Legislative Assembly and imposed President's Rule in Tamil Nadu. The Ninth Tamil Nadu Legislative Assembly was

pos: S. R. Bommai v. Union of India S. R. Bommai v. Union of India S. R. Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) was a landmark judgment of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President's rule to be imposed over state governments. Article 356 deals with imposition of President's Rule over a State of India.

pos: S. R. Bommai v. Union of India most important question which the Supreme Court had to determine was whether the Presidential Proclamation under Article 356 was justiciable and if so to what extent. The second contention was whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution. It was contended that since the Proclamation under Article 356[1] would be issued by the President on the advice of the Council of Ministers given under Article 74(1) of the Constitution and since Clause [2] of the said Article bars inquiry into the question whether any, and if so, what advice was tendered by Ministers

pos: Direct rule imposed by invoking Section 92 of the Constitution of Jammu and Kashmir. The state’s governor issues the proclamation, after obtaining the consent of the President of India. If it is not possible to revoke Governor's rule within six months of imposition, the President's Rule under Article 356 of the Indian Constitution is imposed. There is little practical difference between the two provisions. Following its landmark judgment in the 1994 "Bommai" case, the Supreme Court of India has restricted arbitrary impositions of President's rule. Chhattisgarh and Telangana are the only states where President's rule has yet to be imposed. However, while

pos: President's rule obtaining the consent of the President of India. If it is not possible to revoke Governor's rule within six months of imposition, the President's Rule under Article 356 of the Indian Constitution is imposed. There is little practical difference between the two provisions. Following its landmark judgment in the 1994 "Bommai" case, the Supreme Court of India has restricted arbitrary impositions of President's rule. Chhattisgarh and Telangana are the only states where President's rule has yet to be imposed. In practice, president's rule has been imposed under different circumstances: If approved by both houses, President's Rule can continue for 6

pos: S. R. Bommai discussed at length, the provisions of Article 356 of the Constitution of India and related issues. The apex court spelt out restrictions on the Centre's power to dismiss a state government under Article 356. This case had huge impact on Centre-State Relations. Instances of imposition of President's rule have reduced after this judgement. Bommai was National president of the Janata Dal from 1990 to 1996. He was elected to the Rajya Sabha, two times in 1992 and 1998. In 1996, he became the Union minister for Human resource development in the United Front government and served with both the prime

pos: Elections in Madhya Pradesh Elections in Madhya Pradesh Elections in Madhya Pradesh, a state in India are conducted in accordance with the Constitution of India. The Assembly of Madhya Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. After the declaration of results of Legislative Assembly, Congress is set to make government with full

pos: Elections in Madhya Pradesh support from SP and BSP and Kamalnath is to become Chief Minister Elections in Madhya Pradesh Elections in Madhya Pradesh, a state in India are conducted in accordance with the Constitution of India. The Assembly of Madhya Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. After the declaration of

pos: Elections in Himachal Pradesh Elections in Himachal Pradesh Elections for the Himachal Pradesh Legislative Assembly in Himachal Pradesh state, India are conducted in accordance with the Constitution of India. The Assembly of Himachal Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature for conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. Source Source Source Source: STATISTICAL REPORT ON GENERAL ELECTION, 1985 TO THE LEGISLATIVE

pos: Elections in Karnataka Elections in Karnataka Elections in Karnataka, a state in India are conducted in accordance with the Constitution of India. The Assembly of Karnataka creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. Currently, Indian National Congress (INC), Bharatiya Janata Party (BJP) and Janata Dal (Secular) (JDS) are the dominant parties in

pos: Elections in Uttarakhand Elections in Uttarakhand Elections for the Uttarakhand Legislative Assembly in Uttarakhand state, India are conducted in accordance with the Constitution of India. The Assembly of Uttarakhand creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. The Bharatiya Janata Party and Indian National Congress have been the most popular parties in the

pos: Elections in Maharashtra from Bombay State. Elections in Maharashtra Elections in Maharashtra, a state in India, are conducted in accordance with the Constitution of India. The Assembly of Maharashtra creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. INC: Indian National Congress; INC(I): Indira Congress; Cong(S): Socialist Cong of Sharad Pawar; NCP: Nationalist Congress

pos: Elections in Delhi Elections in Delhi Elections in Delhi, the National Capital Region of India are conducted in accordance with the Constitution of India. The Assembly of Delhi creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections needs to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. The Indian National Congress (INC), Bharatiya Janata Party (BJP), Aam Aadmi Party (AAP) are the major political

pos: Elections in Maharashtra Elections in Maharashtra Elections in Maharashtra, a state in India, are conducted in accordance with the Constitution of India. The Assembly of Maharashtra creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. INC: Indian National Congress; INC(I): Indira Congress; Cong(S): Socialist Cong of Sharad Pawar; NCP: Nationalist Congress Party (Main leader:

pos: Elections in Andhra Pradesh Elections in Andhra Pradesh Elections in Andhra Pradesh state, India are conducted in accordance with the Constitution of India. The Assembly of Andhra Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be imposed. In 2014, Andhra Pradesh (Total 294) was bifurcated into Andhra Pradesh (175) and Telangana (119) states. Andhra Pradesh

pos: President of India In 1977, the second and the third emergencies were together revoked. If the president is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the constitution, he can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the parliament within a period of 2 months. Under of the Indian constitution, it can be imposed from six months to a maximum period of three years with

pos: Forty-eighth Amendment of the Constitution of India Forty-eighth Amendment of the Constitution of India The Forty-eighth Amendment of the Constitution of India, officially known as The Constitution (Forty-eighth Amendment) Act, 1984, inserted a new proviso in clause (5) of article 356 of the Constitution in order to provide that in the case of the Proclamation issued by the President on 6 October 1983 with respect to the State of Punjab, Parliament may pass any resolution with respect to the continuance in force of the Proclamation for a period up to two years. The "Constitution (Forty-eighth Amendment) Act, 1984" was introduced in the Lok Sabha on 17 August

pos: Elections in Uttar Pradesh Elections in Uttar Pradesh Elections in Uttar Pradesh are conducted every five years to elect the State assembly and its share of members to the Lok Sabha. The elections are conducted in accordance with the Constitution of India. The Assembly of Uttar Pradesh creates laws regarding the conduct of local body elections unilaterally while any changes by the state legislature to the conduct of state level elections need to be approved by the Parliament of India. In addition, the state legislature may be dismissed by the Parliament according to Article 356 of the Indian Constitution and President's rule may be

neg: President of India state elections. There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. Article 282 accords financial autonomy in spending the

neg: Article 35A of the Constitution of India 35-A, the Jammu and Kashmir state Government in November 2015, prepared a report which read, "though Article 368 has been applied to State of Jammu and Kashmir, that would not curtail power of President under Article 370 to amend any provision of Constitution of India in its application to Jammu and Kashmir”. It termed the PIL against the article as “legally misconceived, untenable and meritless”. In January 2017, the Chief Minister of Jammu and Kashmir, Mehbooba Mufti of PDP has commented that anybody raking up Article 370 & Article 35 A repeatedly, is hurting the soul of Kashmir. Vowing to

neg: Part XI of the Constitution of India very much a casualty. This rule of federal supremacy, therefore, is indispensable for the successful functioning of the federal system”. The Constitution of India, under Article 256 mentions the obligations of the Union and the State. Article 256, states that ‘Every State shall utilize its executive powers in conformity with the laws made by the Parliament and with all the pre-existing laws prevailing in the State, and it further mentions that, the Union may exercise its executive power to give directions to the State as and when the Government of India deems fit for any purpose'. 256. The executive power

neg: Constitution of Jammu and Kashmir Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the State of Jammu and Kashmir has been accorded special status under Article 370. Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to Jammu and Kashmir. Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in certain conditions. Matters related to Defense, Foreign relations, Communication and Finance of Jammu and Kashmir is under jurisdiction of Constitution of India. Union Legislature has very limited

neg: President of India financial resources available with the states for public purpose. gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, Union government can insist for compliance of its loan terms when a state has outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, President can proclaim a financial emergency when the

neg: Colombian Constitution of 1991 the members of the constitutional assembly would be ineligible to run in these elections. The three presidents of the assembly were Alvaro Gómez Hurtado (MSN), Horacio Serpa (Liberal) and Antonio Navarro Wolff (AD M-19). The 1991 Constitution of Colombia was promulgated on July 4, 1991. In Article 1, Colombia is defined as a "social state under the rule of law", or "estado social de derecho", organized as a "decentralized unitary republic, with autonomy of its territorial units." It cites other fundamental principles defining the Colombian State - democratic; participatory; pluralistic; based on the respect of human dignity, on the work

neg: Constitution of Jammu and Kashmir it needs President’s assent to come into effect. No amendment of the Constitution of India shall extend to Jammu and Kashmir unless so extended by an order of Jammu and Kashmir President under Article 370(1). No Bill or amendment can be introduced or moved in either House of the Legislature which seeks to make any change in the provisions that (a) the State of Jammu and Kashmir is and shall be an integral part of the Union of India (Art. 3) (b) the executive and legislative power of the State does not extend to matters those with respect to which

neg: Article 74 of the Constitution of India Article 74 of the Constitution of India Article 74 of the Constitution of the Republic of India provides for a Council of Ministers which shall aid the President in the exercise of his functions. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration. (This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978) (2) The question if any, and if so what, advice was tendered by Ministers to the President

neg: Forty-second Amendment of the Constitution of India new article 228A was inserted in the Constitution which would give High Courts the authority to "determine all questions as to the constitutional validity of any State law". The amendment's fifty-nine clauses stripped the Supreme Court of many of its powers and moved the political system toward parliamentary sovereignty. The 43rd and 44th Amendments reversed these changes. Article 74 was amended and it was explicitly stipulated that "the President shall act in accordance with the advice of the Council of Ministers". Governors of states were not included in this article. The interval at which a proclamation of Emergency under Article

neg: Brazilian presidential inauguration current Inauguration Day under the permanent provisions of the Constitution adopted in 1988. The oath of office taken by the president and by the vice-president, officially known as the "compromisso constitucional" (constitutional commitment;constitutional pledge), is prescribed by article 78 of the Constitution of the Federative Republic of Brazil. The Federal Constitution currently in force in Brazil was promulgated on 5 October 1988. Article 78 of the Constitution prescribes that "the President and the Vice-President of the Republic shall assume their offices in a sitting of the National Congress, by taking the pledge to maintain, defend and uphold the Constitution, observe

neg: Article 70 of the Constitution of Bangladesh Article 70 of the Constitution of Bangladesh Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh. Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972, promulgated by President Justice Abu Sayeed Chowdhury. The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. The prime minister was annoyed when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh, as to why the assembly had no law making powers. Under the interim

neg: Article 35A of the Constitution of India as respects— shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part." The Constitution (Application to Jammu and Kashmir) Order, 1954 was issued by President Rajendra Prasad under Article 370, with the advice of the Union Government headed by Jawaharlal Nehru. It was enacted as a subsequent to the '1952 Delhi agreement', reached between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which dealt with the extension of Indian citizenship to the Jammu and Kashmir

neg: Fourteenth Amendment of the Constitution of India President Sarvepalli Radhakrishnan on 28 December 1962, and came into force on the same date. It was notified in "The Gazette of India" on 29 December 1962. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did not ratify: Fourteenth Amendment of the Constitution of India The Fourteenth Amendment of the Constitution of India, officially known as The Constitution (Fourteenth Amendment) Act, 1962, incorporated Pondicherry

neg: Constitution any circumstances. Article 374 of the Honduras Constitution asserts this unmodifiability, stating, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to the form of government, to the national territory, to the presidential period, the prohibition to serve again as President of the Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period." This unmodifiability article played an important role in the 2009 Honduran constitutional crisis. Constitutions also establish where sovereignty is located in the state.

neg: Federal voting rights in Puerto Rico direct popular vote and that the President and the Vice President shall be elected by electors chosen by the States. Puerto Rico is a territory under the sovereignty of the federal government, but is not part of any state nor is it a state itself. It has been organized (given a measure of self-rule by the Congress) subject to the Congress' plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. In the U.S. House of Representatives, Puerto Rico is entitled to a Resident Commissioner, a delegate who is not allowed to vote on the

neg: Twenty-fourth Amendment of the Constitution of India majority of 6-5 on 27 February 1967. The Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void. Article 13(2) reads, "The State shall not make any law which takes away or abridges the right conferred by this Part and any law made in contravention of this clause shall, to the extent of contravention, be void." The Court also ruled that

neg: Part XI of the Constitution of India president’s rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature. 4. Centre’s Control Over State Legislation Besides the Parliament’s power to legislate directly on the state subjects under the exceptional situations, the Constitution empowers the Centre to exercise control over the state’s legislative matters in the following ways: (i) The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president

neg: Article 12 of the Constitution of Singapore state from denying "to any person within its jurisdiction the equal protection of the laws", and to Article 14 of the Constitution of India which bars the state from denying "to any person equality before the law or the equal protection of the laws within the territory of India". Article 12(1) is identical to Article 8(1) of the Constitution of Malaysia, from which it was adopted following Singapore's independence from Malaysia in 1965. In "Lim Meng Suang v. Attorney-General" (2013), the High Court noted that the concept of equality before the law is derived from English common law which requires

neg: Kashmir conflict Minister of the state. Bakshi Mohammad implemented all the measures of the '1952 Delhi Agreement'. In May 1954, as a subsequent to the Delhi agreement, The Constitution (Application to Jammu and Kashmir) Order, 1954, is issued by the President of India under Article 370, with the concurrence of the Government of the State of Jammu and Kashmir. In that order, the Article 35A is added to the Constitution of India to empower the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. On 15 February 1954, under

neg: Pardon commute penalties under section 12 of article 48 Basic Law of Hong Kong. "The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions...to pardon persons convicted of criminal offences or commute their penalties". Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment. A similar and parallel power vests in the Governors of each State under Article 161. The Constitution of India vests sovereign power in the President and governors. The governance in the

neg: Lawmaking procedure in India and Kashmir was accorded higher degree of federalism under Article 370 read with Appendix I {The Constitution (Application to Jammu and Kashmir) Order, 1954} of the Indian constitution. Matters related to Defence, Foreign relations and Communication of Jammu and Kashmir are under jurisdiction of union government. The laws enacted by the parliament (including amendments to the Indian constitution) applicable to rest of India are not valid in J&K state unless ratified by its state assembly. Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in certain conditions. The state has its own constitution other than

neg: Finance Commission FC's role to mere recommend grants to states on revenue account only under article 275 of Indian constitution. However, after the formation of NITI Aayog (National Institute of Transforming India), which comes to replace the Planning Commission seeks to empower FC with the originally envisaged task of distribution of revenue to the states. Finance Commission The First Finance Commission (IAST: "Vitta Āyoga") was established by the President of India in 1951 under "Article 280" of the Indian Constitution. It was formed to define the financial relations between the central government of India and the individual state governments. The Finance Commission

neg: Amendment of the Constitution of India Anr". An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting the twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from "Kesavananda Bharati v. The State of Kerala", where the Supreme Court ruled that amendments of the constitution must

neg: Constitution of India the nation, and governs all laws. According to Article 13, Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in "Minerva Mills v. Union of India" that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. According

neg: Article 35A of the Constitution of India Article 35A of the Constitution of India Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 - issued by the President of India on 14 May 1954, exercising the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu

neg: Eighteenth Amendment of the Constitution of India Eighteenth Amendment of the Constitution of India The Eighteenth Amendment of the Constitution of India, officially known as The Constitution (Eighteenth Amendment) Act, 1966, amended article 3 of the Constitution in order to clarify the "State" in clauses (a) to (e) of that article (but not in the proviso) include "Union territories". It also added another "Explanation" that the power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory. The full text of article 3

neg: Amendment of the Constitution of India added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368." The provisions in "italics" were inserted by the 42nd Amendment but were later declared unconstitutional by the Supreme Court in "Minerva Mills v. Union of India" in 1980. After the 24th amendment, Article 4(2), etc. of the constitution are superseded/made void by article 368 (1) which is the only procedure for amending the constitution however marginal may be the nature of the amendment. Supreme court ruled that the constituent power under article 368 must

neg: President of India enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. The Indian constitution accords with the president, the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the President's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional.

neg: Seventy-ninth Amendment of the Constitution of India The bill, after ratification by the States, received assent from then President K. R. Narayanan on 21 January 2000, and was notified in "The Gazette of India" on the same date. The 79th Amendment came into force on 25 January 2000. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did not ratify: Seventy-ninth Amendment of the Constitution of India The Seventy-ninth Amendment of the

neg: Constitution of India with the executive directly accountable to the legislature. The President of India is head of the executive branch, under Articles 52 and 53, with the duty of preserving, protecting and defending the constitution and the law under . Article 74 provides for a Prime Minister as head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties. The council is answerable to the lower house under Article 75(3). The constitution is considered federal in nature, and unitary in spirit. It has features of a federation (a codified, supreme constitution, a three-tier governmental

neg: Mohini Jain v. State of Karnataka in the constitution of India or under any other law which prevented the charging of capitation fee. In the lieu of above situation several crucial questions appeared before the court. Now, the court had to answer the following major questions: a) Was there a 'right to education' guaranteed to the people of India under the Constitution? b) If the right is guaranteed to the people then, does applying capitation fee violate the guaranteed right to education? c) Whether charging capitation fee in educational institutions is arbitrary, unjust, unfair and violated Article 14 ("The State shall not deny to any person

neg: Fifth Amendment of the Constitution of India 3 of the Constitution. The full text of Article 3 of the Constitution, before the 5th Amendment is given below: The full text of the 5th Amendment is given below: Under the proviso to Article 3 of the Constitution (relating to formation of new States and alteration of areas, boundaries or names of existing States), no bill for the purpose of forming a new state, increasing or decreasing the area of any state or altering the boundaries or name of any state could be introduced in Parliament, unless the views of the State Legislatures concerned with respect to the provisions

neg: Supreme Court of the Philippines which heretofore was under the Department of Justice. After the overthrow of President Ferdinand Marcos in 1986, President Corazon Aquino, using her emergency powers, promulgated a transitory charter known as the “Freedom Constitution” which did not affect the composition and powers of the Supreme Court. The Freedom Charter was replaced by the 1987 Constitution which is the fundamental charter in force in the Philippines at present. Section 1 Article VIII of the Constitution vests the judicial power “in one Supreme Court and in such lower courts as may be established by law.” The Supreme Court approved the Writ of Amparo

neg: Sixth Amendment of the Constitution of India or export of the goods out of, the territory of India. Under the revised clause (3) of article 286, Parliament will have the power to declare by law the goods which are of special importance to inter-State trade or commerce and also to specify the restrictions and conditions to which any State law (whether made before or after the Parliamentary law) would be subject in regard to the system of levy, rates and other incidents of the tax on the sale or purchase of those goods. The full text of Article 286 of the Constitution, prior to being amended by

neg: Ministry of Law and Justice (India) Ordinances to be promulgated by the President, measures to be enacted as President's Acts for States under the President's rule and Regulations to be made by the President for Union territories. It is also concerned with election Laws namely the Representation of the People Act 1950 and the Representation of the People Act 1951. In addition it is also entrusted with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law, contracts evidence etc. The responsibility of maintaining up to date the statutes enacted by Parliament is also with this

neg: Part I of the Constitution of India these territories. States are not debarred from imposing taxes or royalty on the minerals extracted from the territorial waters and the exclusive economic zone (which are under states jurisdiction) as per serial no. 50 of state list in seventh schedule of the constitution. Article 3 provision says that the views of the state assembly shall be taken by the president before recommending for changing the boundary of a state. The original provision of Article 3 was amended by Constitution (fifth amendment) Act, 1955 on 24 December 1955. In case of union territories the provision for finding the views of the

neg: Amendment of the Constitution of India down in article 368, in case the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368. The only other provision for constitutional changes by state legislatures is to initiate the process for creating or abolishing Legislative Councils in their respective legislatures, and to give their views on a proposed Parliamentary bill seeking to affect the area, boundaries or name of any State or States which has been referred to them under the proviso to Article 3. However, this referral does not restrict Parliament's power to make any further amendments of the

neg: The Emergency (India) The Emergency (India) In India, "the Emergency" refers to 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 the prevailing "internal disturbance", the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977. The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be suspended and civil liberties to be curbed. For much of the Emergency, most of Gandhi's political opponents were

neg: Part XI of the Constitution of India repealed by the Constitution 44th amendment Act, 1978. Article 258(1). Notwithstanding anything in this constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and

neg: President of India The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union. The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). The president is the common head of all

neg: Government of India an advisory court, it hears matters which may specifically be referred to it under the constitution by the president. It also may take cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments. Per , it is the duty of the President to enforce the decrees of the supreme court. In addition, Article 32 of the constitution gives an extensive original jurisdiction to the supreme court in regard to enforcing fundamental rights.

neg: Fifth Amendment of the Constitution of India Fifth Amendment of the Constitution of India The Fifth Amendment of the Constitution of India, officially known as The Constitution (Fifth Amendment) Act, 1955, empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. The amendment also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period. The 5th Amendment re-enacted the proviso to Article

neg: Part XI of the Constitution of India Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends. Article 259. Omitted by the Constitution 7th amendment Act, 1956. Article 260. The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by,

neg: President of Germany (1919–1945) The Reichstag had to be informed immediately of any measures taken under Article 48 and had the right to reverse any such measures. Even so, during the Weimar period the article was used to effectively by-pass parliament. Furthermore, although the article was intended for use only in an extraordinary emergency the article was invoked many times, even before 1933. An additional special power conferred on the "Reichspräsident" by the constitution was authority to use armed force to oblige a state government to cooperate if it failed to meet its obligations under the constitution or under federal law. The Weimar constitution

neg: Constitution of Italy cannot be promulgated if not approved by a majority of valid votes. A referendum is not to be held if the law has been approved in the second voting by each of the Houses by a majority of two-thirds of the members. Article 139 states that "the form of Republic shall not be a matter for constitutional amendment", thus effectively barring any attempt to restore the monarchy. The transitory and final provisions start by declaring the provisional Head of the State the President of the Republic, with the implementation of the Constitution. In case not all Regional Councils had been

neg: Article 70 of the Constitution of Bangladesh activists and members of parliament have demanded that Article 70 be reformed. While delivering judgements, the Supreme Court of Bangladesh has opined that Article 70 is undemocratic. Article 70 of the Constitution of Bangladesh Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh. Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972, promulgated by President Justice Abu Sayeed Chowdhury. The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. The prime minister was annoyed when a lawmaker from his own

neg: Attorney General of India in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution. Unlike the Attorney General of the United States, the Attorney General for India does not have any executive authority. Those functions are performed by the Law Minister

neg: Article 370 of the Constitution of India which Parliament has power to make laws for the State under the provisions of the Constitution of India. The constitution was adopted on 17 November 1956 and came into force on 26 January 1957 . This article specifies that the State must concur in the application of laws, except those that pertain to Communications, Defence, Finance, and Foreign Affairs. The 1974 Indira-Sheikh accord between Kashmiri politician Sheikh Abdullah and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to

neg: Thirty-eighth Amendment of the Constitution of India promulgated by the President or by governors, and of laws enacted during emergencies that contravened Fundamental Rights. The Act was passed when it was more than half of the State Legislatures. State Legislatures that ratified the amendment are listed below: Did not ratify: Thirty-eighth Amendment of the Constitution of India The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency. Introduced on 22 July

neg: Twenty-third Amendment of the Constitution of India 17 December, and passed on 17 December 1969. The bill, after ratification by the States, received assent from then President V. V. Giri on 23 January 1970. It was notified in "The Gazette of India" and came into force on 23 January 1970. It was notified in "The Gazette of India" on 6 January 1960. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did

neg: Constitution bench (India) State of Madras, Kesavananda Bharati v. State of Kerala (basic structure doctrine) and Ashoka Kumar Thakur v. Union of India (OBC reservations) etc. Constitution bench (India) Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India. This provision has been mandated by Article 145 (3) of the Constitution of India. The Chief Justice of India has the power to constitute a Constitution Bench and

neg: History of Pakistan 1972 the leftist Pakistan Peoples Party (PPP) led by Zulfikar Ali Bhutto came to power and in 1973 Pakistan's elected parliament promulgated the 1973 Constitution which proclaimed that no Pakistani law could contradict Islamic laws from the Quran and Sunnah. Bhutto faced vigorous opposition which united under the banner of Nizam e Mustafa (Rule of the Prophet) and demanded the establishment of an Islamic state. In 1977 Bhutto was deposed in a bloodless coup by General Zia-ul-Haq, who became the country's third military president. Zia-ul-Haq committed himself to the establishment of Sharia law in Pakistan. With the death of President

neg: Forty-third Amendment of the Constitution of India passed by the Rajya Sabha (Council of the States) on 23December 1977. The bill, after ratification by the states, received assent from President of India, Neelam Sanjiva Reddy, on 13April 1978. It was notified in "The Gazette of India" and came into force on the same date. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the state legislatures, as required under Clause (2) of the said article. State legislatures that ratified the amendment are listed below: The 43rd Amendment repealed sixarticles31D, 32A, 131A, 144A, 226A

neg: Constitution of Peru allows the president to decree laws as long as he first informs the Congress of his intent to do so. If the president dissolves congress, the Constitution gives him the power to rule until the election of a new Congress within a four-month timeline, during which time the Standing Committee of the dissolved Congress will remain functioning. The 1979 Constitution was promulgated on July 12, 1979 by a Constituent Assembly elected in June 1978 following 10 years of military rule and replaced the suspended 1933 Constitution. It became effective in 1980 with the re-election of deposed President Fernando Belaúnde Terry.

neg: President of India independent constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78 c, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law. Legislative power is constitutionally vested by the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (The House of

neg: Election Commission of India Election Commission of India The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per "Article 324", and subsequently enacted Representation of the People Act. The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an

neg: Entrenched clause performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period." This unmodifiable article has played an important role in the 2009 Honduran constitutional crisis. The Article 37 on the Chapter 16 of the Constitution of Indonesia manages constitutional amendment procedure, yet it also specifies that the unitary state status of Indonesia is unmodifiable. There are several examples of entrenched clauses which ultimately failed in their objectives, since their protections were undermined in unintended ways. The Constitution of the Irish Free State was required in parts to be consistent with the 1922

neg: Advisory opinion , the President of India may refer to the Supreme Court of India, a question of law or fact which, he thinks, is of public importance. However, it is "not" binding on the Supreme Court to answer questions raised in the reference. Article 55 of the Constitution of Nauru provides: "The President or a Minister may, in accordance with the approval of the Cabinet, refer to the Supreme Court for its opinion any question concerning the interpretation or effect of any provision of this Constitution which has arisen or appears to the Cabinet likely to arise, and the Supreme Court

neg: Part XIX of the Constitution of India Part XIX of the Constitution of India Part XIX is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Miscellaneous. Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution. The features are as follows: 1. The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office. 2. No criminal proceedings shall be conducted against the President or the Governor during his term

neg: Supreme Court of India in any court of law or before any other authority in India. Article 137 of the Constitution of India lays down provision for the power of the supreme court to review its own judgements. As per this Article, subject to the provisions of any law made by parliament or any rules made under Article 145, the supreme court shall have power to review any judgment pronounced or order made by it. Under Order XL of the supreme court Rules, that have been framed under its powers under Article 145 of the constitution, the supreme court may review its judgment or

neg: Defence of India act and Defence of India rules, 1962 156 rules that "regulated virtually all aspects of life" including travel, finance, trade, communication, publication etc and were essentially identical to the Defence of India act, 1939 enacted during World War II. The act suspended the Fundamental rights of any person held under the act, and specifically Rule 30 of the act allowed the government to hold any person in detention without explanation suspending the right under the article 22 of Constitution of India, without the right to representation, and without the provisions of "Habeas corpus". The act was infamous in having been used on a widespread scale against Indians

neg: Vellama d/o Marie Muthu v. Attorney-General dismissed on the ground of lack of standing, the Court of Appeal went on to clarify the substantive issue regarding the interpretation of Article 49(1) of the Constitution. The current Article 49 in the Constitution replaced Article 33 of the 1963 Constitution of the State of Singapore, which applied when Singapore was part of the Federation of Malaysia. The latter was first promulgated in the Third Schedule to the Sabah, Sarawak and Singapore (State Constitutions) Order in Council 1963 pursuant to Singapore's intent to join Malaysia as a constituent state. The original version of Article 33 included a time-limit clause,

neg: Part XV of the Constitution of India ,race ,caste or sex Repealed – Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979). Part XV of the Constitution of India Part XV of the constitution of India consists of Articles on Elections.Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission. On elections Article 324 Superintendence, direction and control of elections to be vested in an Election Commission Article 325 No person to be ineligible

neg: Prime Minister of India 1984 to get a majority in the Lok Sabha. Narendra Modi—the Chief Minister of Gujarat—was elected prime minister, becoming the first prime minister to have been born in an independent India. The Constitution envisions a scheme of affairs in which the President of India is the head of state; in terms of Article 53 with office of the prime minister being the head of Council of Ministers to assist and advise the president in the discharge of his/her constitutional functions. To quote, Article 53, and 75 provide as under; Like most parliamentary democracies, the president's duties are mostly ceremonial as

neg: President of the Philippines Quezon (1941) and Ferdinand E. Marcos (1969) were re-elected. Presidents Sergio Osmeña (1946), Elpidio Quirino (1953), Carlos P. Garcia (1961) and Diosdado Macapagal (1965) all failed in seeking a new term. However, in 1973, a new Constitution was promulgated and allowed then-incumbent President Marcos to seek a new term. In 1981, Marcos was again elected as President against Alejo Santos – making him the only President to be elected to a third term. The 1987 Constitution restored the 1935 Constitution's original ban on presidential reelection. Under Article 7, Section 4 of the current constitution, the term of the President shall

neg: Amendment of the Constitution of India an amendment of the Constitution for the purposes of article 368. The second category includes amendments that can be effected by Parliament by a prescribed ‘special majority’; and the third category of amendments includes those that require, in addition to such "special majority", ratification by at least one-half of the State Legislatures. The last two categories are governed by article 368. Ambedkar speaking in the Constituent Assembly on 17 September 1949, pointed out that there were "innumerable articles in the Constitution" which left matters subject to laws made by Parliament. Under article 11, Parliament may make any provision relating to

neg: Article 370 of the Constitution of India without recommending either abrogation or amendment of the Article 370. Thus the Article has become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in April 2018. The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the

neg: Part XV of the Constitution of India Part XV of the Constitution of India Part XV of the constitution of India consists of Articles on Elections.Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission. On elections Article 324 Superintendence, direction and control of elections to be vested in an Election Commission Article 325 No person to be ineligible for inclusion in ,or to claim to be included in a special, electoral roll on ground of religion

neg: Part I of the Constitution of India states that parliament can also amend the constitution by normal legislation under , Article 248 and entry 97 of union list in the seventh schedule. In 1973, this verdict was over ruled or made invalid by the later judgement of Supreme Court in Kesavananda Bharati case where it is made clear that constitutional amendments are to be enacted under its constituent power only as per procedure given in Article 368 and no other article or provision of the constitution is applicable. However, in the case of Andhra Pradesh Reorganisation Act, 2014, the bill sent by the President to the state

neg: Sixty-second Amendment of the Constitution of India was notified in "The Gazette of India" on the same date. It retroactively came into effect on the date on which the Bill for this amendment Act was introduced in the Rajya Sabha (i.e., 20 December 1989). The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did not ratify: Sixty-second Amendment of the Constitution of India The Sixty-second Amendment of the Constitution of India, officially

neg: Article 35A of the Constitution of India as they could have serious repercussions in Jammu and Kashmir, besides having the potential of spoiling the atmosphere of inclusiveness and peace which the Indian government aims at achieving. Raghavan has stated that any attempt by Delhi to tamper with the state's autonomy "is bound to result in a massive backlash". Article 35A of the Constitution of India Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. It was added to the Constitution through a

neg: Eighteenth Amendment of the Constitution of India date. It was notified in "The Gazette of India" on 29 August 1966. Eighteenth Amendment of the Constitution of India The Eighteenth Amendment of the Constitution of India, officially known as The Constitution (Eighteenth Amendment) Act, 1966, amended article 3 of the Constitution in order to clarify the "State" in clauses (a) to (e) of that article (but not in the proviso) include "Union territories". It also added another "Explanation" that the power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory

neg: Twenty-fourth Amendment of the Constitution of India and passed on 11 August 1971. The debate in the Rajya Sabha was brief. The bill received assent from then President Varahagiri Venkata Giri on 5 November 1971. It was notified in "The Gazette of India" and came into force on the same day. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did not ratify: "The Hindu", in its editorial on 6 August 1971,

neg: Eighth Amendment of the Constitution of India clause 2, and the bill was considered and adopted by the Rajya Sabha on 7 December 1959. The bill, after ratification by the States, received assent from then President Rajendra Prasad on 5 January 1960, came into force on the same date. It was notified in "The Gazette of India" on 6 January 1960. The Act was passed in accordance with the provisions of Article 368 of the Constitution, and was ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. State Legislatures that ratified the amendment are listed below: Did not

neg: Article One of the Constitution of Georgia (U.S. State) the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties´ respective rights arising as a result of or in connection with such relationship. The Georgia Bill of Rights was ratified, along with the Georgia Constitution of 1861, soon after the State of Georgia seceded from the Union on 18 January 1861. Prior to the creation of the Bill of

neg: Welfare schemes for women in India Welfare schemes for women in India Under Article 15(3), the Constitution of India allows for positive discrimination in favor of women. The article, under right to equality, states: "Nothing in this article shall prevent the State from making any special provision for women and children." In addition, the directive principles of State Policy 39(a) state that: "The State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood." The Rashtriya Mahila Kosh (National Credit Fund for Women) was set up in 1993 to make credit available

neg: Welfare schemes for women in India groups. National Action Plan for Children Was initiated in 2017, This Scheme Was Launched By Ministry of Women and child Development. Welfare schemes for women in India Under Article 15(3), the Constitution of India allows for positive discrimination in favor of women. The article, under right to equality, states: "Nothing in this article shall prevent the State from making any special provision for women and children." In addition, the directive principles of State Policy 39(a) state that: "The State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate

neg: Supreme Court of Ireland constitution. The constitution also provides, under Article 26, for the judicial review of bills before they are (or would have been) signed into law. The power to refer bills is personally exercised by the President after consulting the Council of State. When the Supreme Court upholds the constitutionality of a bill referred to it under Article 26, its constitutionality can never again be questioned in any court whatsoever. Supreme Court judges are normally free to deliver their own judgements, whether dissenting and concurring. There is an exception when considering the constitutionality of a bill referred by the President under Article