Constitutional Law Of India By J N Pandey Pdf Merge

In Ujjain Bai v State of U P , the Supreme Court observed that Article 12 winds up the list of authorities falling within the definition by referring to “other authorities” within the territory of India which cannot, obviously, be read as ejusdem generis with either the Government or the Legislature or Local authorities.

However, Indian Constitution being an elaborative one, it is difficult to correlate the legislative and executive powers because those powers are to be found in widely separated parts of our Constitution.

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For instance, the expression ‘security of the State’ I Article 19(2) refers not to the persons carrying on the administration of the State but to the State as organized political society. The_kmplayer_1433.exe

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If the control is merely regulatory, it will not be a State UNLESS THE CONTEXT OTHERWISE REQUIRES The Context of a provision in Part III may exclude the meaning given by Article 12 to the word ‘State’.. Dipti Khatri, UPES Dehradun Editor’s Note: Whilst enacting the Fundamental Rights in Part-III of our Constitution, the founding fathers showed that they had the will, and were ready to adopt the means to confer legally enforceable fundamental rights.. The question that was required to be answered is as to against whom were the fundamental rights to be enforced? Broadly speaking, against “the State” not as ordinarily understood but as widely defined under Article 12 of the Constitution of India. Bella Martha Film Izle

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The United States Constitution has defined their legislative and executive powers in two Articles, which makes it easier to define their correlation.. MEANING OF STATE UNDER ARTICLE 12 OF THE CONSTITUTION OF INDIA The term “State” is defined under Article 12 of Part III (Fundamental Rights) of the Constitution of India.. Hence, even though a body of persons may not constitute ‘State’ within the instant definition, a writ under Article 226 may lie against it on non-constitutional grounds or on grounds of contravention of some provision of the Constitution outside Part III, e.. The word “State” is of wide amplitude and capable of comprehending every authority created under the statute and functioning within the territory of India.. Pandey, Central Law Agency edition, - 12th ed It states that: In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each States and all local or other authorities within the territory of India or under the control of the Government of India.. Constitutional Law of India has 19 ratings and 0 reviews Constitutional law of India by J.. In the first place, that stuff bores me, and in the second place, my parents would have about two hemorrhages apiece if I told anything pretty personal about them.. The preponderant considerations for pronouncing an entity as State agency or instrumentality are: (1) financial resources of the state being the Chief finding source; (2) functional character being governmental in essence; (3) plenary control residing in government; (4) prior history of the same activity having been carried on by government and made over to the new body; (5) some element of authority or command.. g , where such body has a public duty to perform or where its acts are supported by the State or public officials. cea114251b Ac_runactivecontent Js Free Mac

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