1. Name and territory of the Union.—(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.
alteration of fundamental rights does it not come under changing the basic structure of constitution?
Dear Sir,
If any law which is in aid of the constitution but against public policy in a particular state, then what will be its position.
For example: If 'X' State is protected under Sixth Schedule and the Government of that state wants election in it and through that election they are eroding into the Sixth Schedule and contravening the Schedule but on the other hand they are saying that the mandate/spirit of the Constitution is maintained, then what will be the status of that law. Will that law be declared void or it be declared invalid or simple valid?
Can respectable You tell me in exactly why and how to make it for common men use and not for political mileage.
Dear Sir,
What are the safeguards for the schedules and if any law which is in aid of the constitution but against any land Act of any particular state, then what will be its position.
Can respectable You tell me in exactly why and how to make it for common men use and not for political mileage.
Querry is for Legal experts and the Ministry of Law, Home affairs(dealing NRIs).
Recent news item in all the news papers and media have high lighted that Govt is making a law to give VOTING RIGHTS TO NRIs.
An OCI ( overseas citizen of India) is also an NRI as per Govt notification. He or she may be holding a passport of another country(not India).
WILL AN OCI WILL ALSO BE ELIGIBLE FOR THE VOTING RIGHT AS HE/SHE HAS AN NRI STATUS WHILE IN INDIA.
Our State falls under the 6th schedule of the constitution and have our own State relevant Land laws . Does having a municipal Election dilute the Act as the Sec 11 [(d)(ii)] of the Act states that nothing contained in this act shall apply to ....(d)
(ii) a municipal Corporation, municipality or town committee constituted under any law.
When a statute "A" is made on the line of another statute "B" and provisions of "B" are incorporated in "A", any change in the "B" statute will not affect "A" - it is called legislation by incorporation . But when provisions of statue "B" are not incorporated but only referred in statute "A", any change in "B" shall automatically apply to "A" - it is called legislation by reference.
The question is when a State is reorganized and a new State is carved out, whether any change by the original legislature in statute "B" will be applicable to statute "A" in new State ?
Is there any difference between these two words or these are just synonyms?
Article 2 & 2A
2. Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).