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1.11   Emergency Provisions

Chapter 3: Chapter 1 · Social Science

. Emergency Provisions National Emergency (Article ) The President under Article can declare emergency if he is satisfied that India’s security is threatened due to war, external aggression or armed rebellion, or if there is an imminent danger or threat. When a national emergency is declared on the ground of war or external States but also the Union Territories or any other area for the time being, included in the territory of India. The Seventh Schedule of the Constitution embodies three lists namely, the Union List, State List and Concurrent List consisting of , and items respectively.

The Parliament enjoys the exclusive power to legislate on subjects enumerated in the Union List. The State Legislature has exclusive right to legislate on the State List. Both Parliament and State Legislatures have power to legislate on subjects contained in the Concurrent. List.

But in case of conflict between the law of the State and the Union on a subject in the Concurrent List, the law of Parliament prevails. The Union List, State List and Concurrent List consisting at present , and items respectively. The nd Amendment Act of transferred five subjects to Concurrent List from State List, that is, education, forests, weights and measures, protection of wild animals and birds, and administration of justice; constitution and organisation of all courts excepts the Supreme Court and the high courts. Administrative relations The Administrative power of a State extends only to its own territory and with respect to which it has legislative competence, whereas the Union has exclusive executive power over: (a) the matters with respect to which Parliament has exclusive power to make laws and (b) the exercise of its powers conferred by any treaty or agreement.

Financial relations Article - in Part XII deal with the Financial relations between centre and the states. The Centre and States are empowered by the Constitution to impose various kinds of taxes. And certain taxes are imposed and collected by the centre and divided between centre and states based on the recommendation Indian Constitution Procedure of Amendment An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill. The constitution amendment can be brought about only by the Parliament.

State legislatures cannot initiate for any amendment to the Constitution. Types of Amendments Article provides for three ways of amendments. . Amendment by simple majority of the Parliament .

Amendment by special majority of the Parliament . Amendment by special majority of the Parliament and the ratification of half of the state legislatures. nd amendment of the Constitution is known as the mini Constitution.

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