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All Articles & Concept by:Vijay. K. Tewari

Apr 23, 2012

INDIA IS UNION AND NOT A FEDERAL STATE PRT. ONE

DOES THE DEMAND OF STATES OF WANTING MORE POWERS                                                                      RECENTLY  THE STATE CHIEF MINISTERS ,MOSTLY RATHER ALL OF THEM WERE NON-CONGRESS RULED STATES , THEIR DEMAND WAS THAT ON THE NAME OF RESTRAINING THE TERROR ACTIVITIES , CENTRAL GOVERNMENT IS TRYING TO  IN THE MATTERS OF STATES. INTERFERE    IN THE STATES POWER OF MAINTAINING THE LAW AND ORDER. HERE ARE SOME QUESTIONS , STATE GOVERNMENTS ARE USING THE I.P.C. AND CR.P.C. WHICH ARE GIVEN BY THE GOVERNMENT OF INDIA , THEN FIRST THEY SHOULD DENY OR GET AMENDMENTS OF THEIR LIKINGS. SIMILARLY THE ARTICLE OF CONSTITUTION  355 IMPOSES THE RESPONSIBILITY ON THE UNION GOVERNMENT AND NOT ON THE FEDERAL GOVERNMENT             TO MAINTAIN THE CONSTITUTIONAL SET UP IN THE STATES AND IF THE STATES FAILS TO MEND THE WAYS THEN THE UNION GOVERNMENT HAS THE POWER TO INTERFERE  IN THE MATTERS OF STATES .UNDER ARTICLE 353 THE UNION  GOVERNMENT HAS THE POWER TO DECLARE THREE TYPE OF EMERGENCY ---IF THE BORDERS OF THE COUNTRY IS THREATNED , SECONDLY -IF THEIR IS A SITUATION IN ANY STATE WHERE THE CONSTITUTIONAL SET UP IS NOT BEING FOLLOWED THEN THE UNION GOVERNMENT CAN DECLARE INTERNAL EMERGENCY,AND FINNALY TO COMBAT FINANCIAL CRISIS UNION GOVERNMENT CAN TAKES MEASURES WHICH IT THINKS PROPER..AND UNDER ARTICLE 356 THE UNION GOVERNMENT CAN DECLARE THE ""IN FAMOUS""EMERGENCY IN THE ENTIRE COUNTRY , GIVING THE AUTHORITY TO CURB THE CIVIL SET UP TILL THE TIME THE PROBLEM IS OVER . 356 PROMULAGATION HAS BEEN RESTRICTED FOR PARLIAMENTORY APPROVAL .                                         NOW IN THE LIGHT OF N.C.T.C. AND R.P.F. ALSO B.S.F.ACT AMENDMENTS THE HUE AND CRY   OF THE WEST BENGAL, TAMILNADU ,,GUJRAT,ORISSA,HIMANCHAL,AND PUNJAB GOVERNMENTS FORGET WHENEVER THEIR IS ANY PROBLEM BE IT OF NATURE OR MAN MADE THE CHIEF MINISTER OF THE STATE IMMEDIATELY DEMAND SPECIAL PACKAGE TO MEET THE PROBLEM, IF THEY THINK SELF SUFFICIENT THEN WHY THEY LOOK TOWARDS CENTRAL GOVT?