Constitution & Law Current Affairs - 2019

Summary of latest bill and acts passed or pending in 2019 in Parliament of India with their salient features and issues for Current Affairs 2019 preparation for various examinations such as UPSC, SSC, State Civil Services, CLAT, Judicial Services etc.

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Delhi: President rule imposed after AAP’s resignation

On the advice of Union cabinet, the President of India, Mr. Pranab Mukherjee imposed President’s rule in Delhi and accepted the resignation of Chief Minister Mr. Arvind Kejriwal, along with his council of ministers.

  • Though, assembly has not been dissolved and the house has been kept under suspended animation.
  • In reference to the provision of Article 239 and Article 239AA of the Constitution, the National Capital Territory of Delhi will be administered by President through Lt. Governor.
  • With President’s rule imposed in Delhi, Lt-Governor Najeeb Jung has become the direct administrator of the NationalCapitalTerritory.

President’s Rule (Article 356 of the Constitution of India)

Purpose: To deal with the failure of the Constitutional machinery of an Indian state.

  • In practice president’s rule has been imposed under different circumstances viz. State Legislature is unable to elect a leader as Chief Minister, Breakdown of a coalition, Elections postponed for unavoidable reasons, etc.
  • The President on the advice of the governor or on his own attains the right to dissolve the state government and its council of ministers, thereby impose president rule. The parliament must approve the president rule to come into effect. After the implementation of president rule, the governor heads the state and takes all the power.
  • When President’s rule is imposed, the assembly is either dissolved or kept in suspended.

As per Article 356(1) in the Constitution of India 1949

 

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may by Proclamation –

(a) Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(c) Make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

 

About Article 239 and Article 239AA

Article 239 (Administration of Union territories)

  • Every UnionTerritory shall be administered by the President acting through an administrator to be appointed by him with such designation as he may specify.
  • Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

Article 239AA (Special provisions with respect to Delhi) – deal with the Legislative and executive jurisdiction of Delhi. Entries 1, 2 and 18 of the State List under the Seventh Schedule are not applicable to Delhi. Entry 1 deals with public order, entry 2 with police and entry 18 with land.

Note: Here, in Delhi, the President’s rule imposed due to the resignation of Aam Aadmi Party led Government and no party or coalition came forward with required majority to form Government. (The resignation of the AAP government came after it failed to introduce the Delhi Jan Lokpal Bill for the consideration of the Legislative Assembly).

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An example of Decentralization of Power: “Mohalla Sabhas” for Aam Aadmi Party’s Self-Rule, Self-Governance via Delhi Nagar Swaraj Bill 2014

The Aam Aadmi Party organized its first “Mohalla Sabha” at Vasundhara Enclave, New Delhi. Soon, the draft Delhi Nagar Swaraj Bill 2014 will be brought before the cabinet and then introduced in Delhi assembly soon. 

As per the draft Delhi Nagar Swaraj Bill 2014
  • Every Delhi voter be a decision-maker.
  • Pave the way for self-rule through mohalla sabhas.
  • The contours of the mohalla sabha will be defined by the state election commission by taking public opinion into account. The members of the sabha will be voters who stay within the boundaries of the mohalla, and this collective will use its vote to send two representatives to a ward committee. This committee will do coordination at the ward level to pave the way for delivery of proposals cleared by the mohalla sabha at monthly meetings by vote. Funds will be put at the disposal of the sabhas by the mohalla secretariat, which will be manned by officials, to ensure execution of the decisions of people.
  • Gives the common man the power to remove the selected representative and also the area councilor mid-term through polling that can be initiated by the state election commission based after ascertaining the genuineness of representations from the mohalla sabha.
  • When mohalla sabha members come together at monthly meetings to cast their vote on issues, 33% must be women while 10% of the registered voters of a mohalla must be present at the meeting. Decisions are to be largely by consensus but may also be taken by a simple majority vote.
  • Mohalla sabhas shall strive for universal education and healthcare in the mohalla and formulate and implement schemes to eradicate hunger and homelessness and for welfare of senior citizens, disabled and other vulnerable sections of society.
  • Also gives the sabhas power to get any information from any official of the state government or municipal body regarding issues directly or indirectly related to their mohalla.
  • Creates room for an ombudsman and empowers the mohalla sabha to file complaints if anyone is found violating the law.

Wherever there are inter-ward issues, the standing committees of the municipal corporations will take a view, and wherever there are government-related issues, the departments concerned will be involved. The state government’s role will be limited to projects like flyovers and other major development plans for the city.

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