The parliamentary system of government, rule of law, law-making procedure and single citizenship were borrowed from the British Constitution. I want that by virtue of collective responsibilty all the Ministers must meet together and consider it? If the civil servant could be criticised he would require the means for defending himself. Mini- mum salaries have also been fixed and there is the further provision that neither the salary of a judge nor his rights in respect of leave or pension shall he varied to his disadvantage after his appointment. Generally speaking, however, he has no greater legal rights than other members of the Bar, in so far that he or any person appointed to act for him must conform to the rules of the court in which the proceedings in which he is engaged takes place, the courts exercising over him the same authority which they exercise over every other suitor or his advocate 1. Bose identified new and indigenous sources of inspiration, and evolved a new aesthetic language. Distribution of Revenues between the Union and the States 268. Though these conventions are, unlike laws, without legally defined 1, Ogden V.
It is also customary for all the offices to be placed at the dis- posal of the Prime Minister after an election in which the Government are successful, in order to facilitate a reconstruction of the Ministry. The court will not review such a determination. On the 67th Republic Day, here are some of the interesting facts about it: 1. This Article deals with a case where there is an inconsistency between laws made by Parliament and laws made by Legislatures of States in the field of the Concurrent List. Article 315 of the constitution spells out in detail about it. Article 73 1 says that the executive power of the Union extends to all matters with respect to which the Parliament has power to make laws, but by reason of the proviso to that sub-clause, it does not extend in any State specified in Part A or Part B of the First Schedule to matters to which the Legislature of the State has also power to make laws. And here again the argument was that the meaning of the word 'ordinarily 1 is governed wholly or mainly by the test of time or duration.
Article 301 , the succeeding Articles proceed to lay down the exception to the rule. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Some of the other important solutions offered to the problem of the generalist — specialist dichotomy may be indicated as below. The expenses of the Union or a State Public. The first is usually addressed to crimes against the sovereignty of the State, to political offences, forgiveness being deemed more expedient for the public welfare than prosecution and punishment. In England, the ' Attorney-General is the head of the Bar, and has precedence over all King's counsel. This Article is based on S.
It organises and defines the different parts of the government, confers on each department the powers and duties allotted to each, and limits the powers of every department. Article 122, ante ; Government of India Act, 1935, S. Second Schedule in the Constitution itself. Accordingly, they have not made the President the supreme and absolute authority in the matter of making such appointments. For, as I have said, they are really Instruments of Instructions to the Executive and the Legislature as to how they should exercise their powers. When considered separately, the terms overlap consider- ably and are incapable of exact definition. A 'judgment or order' which determines the principal matter in question is termed 'final'.
Subject to the provisions of this Constitution, Recruitment and Acts of the appropriate Legislature may conditions of servi ce of regulate the recruitment, and conditions e of service of persons appointed, to public 1. Disputes relating to Waters 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys. Subject to the provisions of this Constitution p f Lerii f an nominate not more than two members of that community to the House of the People. The close connection between the laws and the conventions of the English Constitution is noteworthy. Sub'dL 2 : In view of the language of this sub-clause, such administrative difficulties as arose in Australia as the result of the decision in Commonwealth v. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, and the duties of citizens. First, it puts a check pn the President and secondly, it puts a further check upon the Govern- ment and upon the individual Ministers in that they assume political Iresponsibility for anything done in their name.
We are here making a departure from that position and are allowing the upper chamber to have some voice in the formulation of the taxation and financial proposals which have been initiated by the Lower House. As of now, Indian constitution contains more than 444 articles in 25 parts. Notwithstanding anything in this Chapter, Par- liament may by law provide for the toprov! This provision in the Irish Constitution is, as Mr. Harris Taylor's Treatise on International Public Law pp, 249-250. Those who are looking for a summary of the Indian Constitution, this post might be the right place to start with. Individual ministers have, however, the right of access to the Sovereign at all times on matters connected with their own departments ; but important communications or correspondences should, it is said, be submitted to the Prime Minister, either beforehand or immediately afterwards.
All decisions of any consequence are taken by Ministers, either as such or as members of the Cabinet. It is merely a matter of caution that a decision, which in the opinion of the Constitutional Head, is such as requires the imprimatur of the whole Cabinet and not of a single Minister, should so receive it. Article 111, ante ; cf. The existence of such powers was brought forcibly to the force when President Roosevelt, soon after his installation in office, proclaimed a bank holiday and prohibited gold and silver exports and foreign exchange transactions. Attorney General of Canada 1 J 14 A. Every person shall be entitled to submit a Language to be used representation for the redress of any in representation for grievance to any officer or authority of redress of grievances.
If there be no other rights, its only purpose is to stay the movement of the law. British Parliamentary history is replete with instances where both Houses of Parliament have insisted upon privileges which they have now ceased to claim or of which they have been deprived by Act of Parliament, and each House has frequently asserted its privileges in a manner which has led to disputes with the other House. The President of India is elected by an electoral college for a term of five years. Willis on Constitutional Law, p. When the office of Chief Justice of a High Court. The strength of the Assembly was reduced to 299 229 representing the provinces and 70 representing the states following withdrawal of the Muslim League members after the partition of the country.
Whatever the number of persons composing the cabinet, the cabinet as a whole is collectively, that is jointly and severally, responsible to the Parliament. No authority was cited which requires special consideration on this head. Training of Civil Servants: The teething problems of the education and training of Civil Servants have assumed special significance in India today. A committee under the chairmanship of recommended that this amendment be enacted after being consulted to study the question of amending the constitution in the light of past experience. The principle of collective responsibility mentioned in Article 75 is embodied in sub-clause 2 of Article 164.
The originally stated in the Berubari case presidential reference that the preamble is not an integral part of the , and therefore it is not enforceable in a court of law. In the British House of Parliament, the quorum is twenty in a House of one hundred and eighty-one ; in the Australian Parliament the quorum is one-third of the House ; and in Canada the quorum for the Senate is fifteen out of a total membership of seventy- eight. Now in that limited sphere he can exercise some influence The position of the Governor must be considered from the point of view of a constitutional head as in England This is his Mr. In fact the preamble was relied on in imposing implied limitations on amendment under the art. Lord John Russell resigned in 1855 because he agreed with Roebuck's motion and waa not prepared to join with the Cabinet in resisting it. Attorney General for Canada 1894 A. But these proposals were ultimately dropped.