Unitary And Federal System Of Government Pdf Files
Constitution of India- Whether Federal or Unitary It has been the matter of debate among the scholars that whether the constitution of India is completely federal or unitary in nature. But actually Indian constitution contains both features of a federal constitution and unitary constitution. But for the very clear picture of this conclusion first of all we have to know that what is the federal constitution and what is unitary constitution.
What feature of Indian constitution makes it federal or what features makes it unitary. Federal Constitution: In a federal set up there is a two tier of Government with well assigned powers and functions.
In this system the central government and the governments of the units act within a well defined sphere, co-ordinate and at the same time act independently. The federal polity, in other words, provides a constitutional device for bringing unity in diversity and for the achievement of common national goals. Wheare defines federal government as an association of states, which has been formed for certain common purposes, but in which the member states retain a large measure of their original independence. A federal government exists when the powers of the government for a community are divided substantially according to a principle that there is a single independent authority for the whole area in respect of some matters and there are independent regional authorities for other matters, each set of authorities being co-ordinate to and subordinate to the others within its own sphere. The Constitution of India has adopted federal features; though it does not, in fact, claim that it establishes a federation. The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly. This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state.
Unitary Constitution A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. All power is top down. A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (sub national units) exercise only powers that the central government chooses to delegate. Federal Features of Indian Constitution Supremacy of the Constitution:This is one of the federal features of the Indian constitution.
The supremacy of the constitution means that both, the Union and the State Governments, shall operate within the limits set by the Constitution. And both the union government and the central government derive their powers from the constitution. Written ConstitutionThe most important feature of a federation is that its constitution should be a written one. The Constitution of India is a written constitution is the most elaborate Constitution of the world. Rigid Constitution: The constitution of India is a rigid constitution and this is one of the basic features of federal constitution. The procedure of amending the Constitution in a federal system is normally rigid. Indian Constitution provides that some amendments require a special majority.
Feb 13, 2012. Distribution of responsibilities between national and sub-national governments has been a subject of enduring debate among practitioners and scholars alike in the world of public administration and beyond. This paper is an effort to see through the lens of federal and unitary systems of government, which.
Such an amendment has to be passed by majority of total members of each house of the Parliament as well as by two-thirds majority of the members present and voting there in. However, in addition to this process, some amendments must be approved by at least 50% of the states. After this procedure the amendment is signed by the head of the state i.e; the President. Since in India important amendments can be amended through this procedure Hence, Indian Constitution has been rightly called a rigid constitution. Division of Powers: In Indian constitution the powers of state and centre are clearly defined and there are very clear limits of both the centre and the state for law making powers. Our constitution enumerates three lists, viz.
The Union, the State and the Concurrent List. The Union List consists of 97 subjects of national importance such as Defence, Railways, Post and Telegraph, etc. The State List consists of 66 subjects of local interest such as Public Health, Police etc. The Concurrent List has 47 subjects important to both the Union and the State such as Electricity, Trade Union, Economic and Social Planning, etc. Supremacy of the Judiciary:Supremacy of judiciary is another very important feature of a federal state where there is an independent judiciary to interpret the Constitution and to maintain its sanctity. The Supreme Court of India has the original jurisdiction to settle disputes between the Union and the States. It can declare a law as unconstitutional, if it contravenes any provision of the Constitution.
Unitary Features of Indian Constitution: In spite of the fact that the Indian Constitution establishes a federal structure, it is indeed very difficult to put the Indian Constitution in the category of a true federation. The following provision of Indian constitution makes it unitary Union of States; Article I of the Constitution describes India as a ‘Union of States’, which implies two things: firstly, it is not the result of an agreement among the States and secondly, the States have no freedom to secede or separate from the Union. Besides, the Constitution of the Union and the States is a single framework from which neither can get out and within which they must function. The federation is a union because it is indestructible and helps to maintain the unity of the country. Appointment of Governor: Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed by the President and stays only until the pleasure of the President The Centre may take over the administration of the State on the recommendations of the Governor or otherwise. In other words, Governor is the agent of the Centre in the States.
The working of Indian federal system clearly reveals that the Governor has acted more as centre’s representative than as the head of the State. This enables the Union government to exercise control over the State administration. Representation in the Legislature: The equality of units in a federation is best guaranteed by their equal representation in the Uppers House of the federal legislature (Parliament). However, this is not applicable in case of Indian States. They have unequal representation in the Rajya Sabha. In a true federation such as that of United State of America every State irrespective of their size in terms of area or population it sends two representatives in the upper House i.e.
Appointment on Key Positions: In addition to all this, all important appointments such as the Chief Election Commissioner, the Comptroller and Auditor General are made by the Union Government. Besides, there is single citizenship. There is no provision for separate Constitutions for the states. The States cannot propose amendments to, the Constitution.
As such amendments can only be made by the Union Parliament. All India Services such as IAS and IPS have been created which are kept under the control of the Union. In financial matters too, the States depend upon the Union to a great extent. The States do not possess adequate financial resources to meet their requirements.
During Financial Emergency, the Center exercises full control over the State’s finances. Disturbances in the state: In case of disturbances in any State or part thereof, the Union Government is empowered to depute Central Force in the State or to the disturbed part of the State. Also, the Parliament, by law may increase or decrease the area of any State and may alter its name and boundaries. Unified Judiciary: The federal principle envisages a dual system of Courts. But, in India we have unified Judiciary with the Supreme Court at the apex.
Power to make laws: The Constitution of India empowered the central government to make laws on the subjects in the state list. It is exercised only on the matters of national importance and that too if the Rajya Sabha agrees with 2/3 majority. The constitution establishes a strong Centre by assigning all-important subjects to the Centre as per the Union List. The State Governments have very limited powers. Power to form new states and to change existing boundaries: Under Art 3, center can change the boundaries of existing states and can carve out new states. This should be seen in the perspective of the historical situation at the time of independence. At that time there were no independent states.
There were only provinces that were formed by the British based on administrative convenience. At that time States were artificially created and a provision to alter the boundaries and to create new states was kept so that appropriate changes could be made as per requirement. It should be noted that British India did not have states similar to the States in the USA. Emergency Provisions: The President of India can declare three different types of emergency under article 352, article 356 and article 360 for an act of foreign aggression or internal armed rebellion, failure of constitutional machinery in a state and financial emergency respectively. During the operation of an emergency, the powers of the State Governments are greatly curtailed and the Union Government becomes all in all. Conclusion From the above discussion it is seen that the constitution of India neither is the complete federation nor it is completely unitary. It has the features of both.
Sir Ivor Jennings was of the view that India has a federation with a strong centralizing policy. In the words of D.D.Basu, the Constitution of India is neither purely federal nor unitary, but is a combination of both. It is a union or a composite of a novel type. It is often defined to be quasi-federal in nature. Thus we can safely say that It is primarly Unitary having some unitary features.
I believe indian constitution has got both federal as well as unitary features which reflect in the respective provisions made in it. Whenever the situation arises where we have to determine if it is unitary or federal, i think it is always decided from the perspective of the context of that respective case.
Moreover, it also depends on the respective judges's conscience as to if it is to be treated as unitary or federal. I beleive more emphasis should be given on the just verdict over a case does'nt matter if it demands constitution to be treated as federal or constitiution. India directly cant be said as a quasi-federal state.Prof.wheare has coined the phrase'quasi federal' applicable to India but he has nowhere defined what 'quasi-federal' is.The term quasi federal is extremely vague as it does not denote how powerful the centre is, how much deviation there is from the pure 'federal model' or what kind of special position a particular quasi federation occupies between a unitary state and a federation proper. India is Federal though it deviate in respect of cerain matters from the so called strict federalism of America,Australlia or Switzerland.but the reason is obivious,our constitution framers defined the indian federal structure not with an eye on theoritical but on practical considerations in designinfg fedaralism.It is rather a merit of the constitution that it visualises the contingencies when the strict application of the federal principle might destroy the basic assumption on which our constitution is built. So India is federal and America is more federal in the outline of the constitution.In the words of D.D.Basu, the Constitution of India is neither purely federal nor unitary, but is a combination of both. It is a union or a composite of a novel type.Thus Indian Constitution is mainly federal with unique safeguards for enforcing national unity nad growth.but calling it quasi federal will be completly wrong. Levitra Zum Spass viagra Order Levitra Online Cheap Zithromax And Side Effects Acheter Viagra Allemagne cialis Zithromax Chlamydia Eye Pharmaceutical Products Viagra Viagra Commander Amoxicillin Tr Isotretinoin With Next Day Delivery Cod Only discount finasteride Kamagra Cheap Uk Purchase Levitra Professional El Levitra Es Bueno Cialis Lilly Rezeptfrei Cephalexin In Children Allpills viagra Uk Research Chemicals Clomid Levitra A Vendre Cialis 4cpr Riv 10mg Tabletten Levitra 20 Mg cialis online pharmacy Baclofene 10mg.
Karlenepao - fast delivery at discounted prices - low prices for generic Enhance 9 c.o.d overnight no rx; - cheap price of DDAVP no script needed c.o.d. Overnight; - cost of Theo-24 Sr from a usa pharmacy without a prescription; - quiqly delivery Mysoline pay with mastercard,visa,ach,echeck; - buy cheap DDAVP overnight delivery no rx; - order Tegopen c.o.d. Saturday delivery; Kittiesse - Typically, influenza is transmitted through the air by coughs or sneezes containing the virus. - how can i buy Astelin c.o.d. Saturday delivery; - how to purchase Naprosyn from trusted pharmacy; - order Tegopen c.o.d.
Evaih4 - online no script next day delivery - fast shipping Celebrex at discounted prices; - cheapest price Meclizine NO PRESCRIPTION fast delivery; - fast shipping Phenergan without script pharmacy; - safe order Zantac overnight saturday delivery NO PRESCRIPTION; - low prices Cycrin shipped with NO PRESCRIPTION; - quality Etodolac WITHOUT A PRESCRIPTION shipped overnight; Melonyjxi - This month we are proud to offer you the best medications at a discount price! - buying Lida Daidaihua shipped overnight without a prescription; - cheapest price Meclizine NO PRESCRIPTION fast delivery; - quality generic Ilosone NO PRESCRIPTION required; - how much Coreg NO PRESCRIPTION needed; - buy Erectalis overnight saturday delivery NO PRESCRIPTION; - cheap prices Baclofen with no rx; - purchase cheapest Cystone no dr approval cash on delivery; - order at low price Baclofen pharmacy WITHOUT a PRESCRIPTION; - low prices for generic Aldactone in internet,next day delivery; - how can i buy Astelin c.o.d. Saturday delivery; - i want to buy Suhagra no prior prescription; - fast delivery Ayurslim next day delivery; - low prices Prevacid overnight without a prescription; Blossomib8 - where can i purchase c.o.d. Lenniejym - This is an excellent opportunity for our regular customers to buy super effective antibiotics! Ultimate discount prices! You have never seen a sale like this! Dont miss the chance!
If she suffers from depression dont be in a hurry to call a psychiatrist! - order online at low cost Tentex Royal c.o.d. Addiexsf - Although new penile implant designs are very reliable but in rare cases they can malfunction. If you are looking for an effective perfect pain relieving medication I have something! The success of obesity treatment depends on your overall health, and your readiness to fight! Of Oz no part of a living creature can ever be destroyed.' And piled up into neat stacks.
RELATED TAGS: - cheap price Advair Diskus NO PRESCRIPTION c.o.d.; - cheap price of Micardis NO PRESCRIPTION fast delivery; - quiqly delivery Tentex Forte without a prescription; - where can i order Genegra online consulation with NO PRESCRIPTION; - buy cheap online Mestinon overseas with NO PRESCRIPTIONs; - cheapest price to order Rulide overnight without dr approval; - buy online Herbal Extra Power no script required; - how to purchase Verapamil fast shipping NO PRESCRIPTION; - how to buy Protonix overnight without prescription; - buy at low cost Ventolin cheap c.o.d. No rx; - best prices Imuran NON PRESCRIPTION; - fast shipping Estrace online visa no rx; - purchase at lowest price LIV.52 drops pay cod NO PRESCRIPTION; - where to get Speman overnight NO PRESCRIPTION required; - low price Styplon c.o.d. Without prescription; - best place to buy Himplasia c.o.d. Kanishahsu - High sexual activity is a rare thing among people under 50 but it exists! Your libido has never been that high as with the help of new African herbal medication! Find out more about the advantages of buying original medications from the vendor! One of the basic functions of the State in regards to administration is maintaining peace and internal order; it has no other excuse for interfering in the lives of its citizens together.
Then she turned to her captives and said: POPULAR SEARCHES: - ordering at lowest price Zithromax with NO PRESCRIPTIONs; - online pharmacy Vitamin C at discounted prices; - cheapest prices Evecare NO PRESCRIPTION fedex / ups; - cheapest prices Uroxatral c.o.d. No script; - ordering at lowest price VPXL with no rx; - low price Xeloda how to use,side effects,information; - indian generic Ayurslim NO PRESCRIPTION quick delivery; - cheapest Minomycin no rx required; - buy safety Oxytrol no rx, fast worldwide shipping; - discount prices Zantac without a rx overnight; - i want to order Lopid how to use,side effects,information; - i want to order Esidrix next day NO PRESCRIPTION needed; - ordering at lowest price Zocor shipped with NO PRESCRIPTION; - how much Anafranil NO PRESCRIPTION required; - buy at low cost Ventolin cheap c.o.d. Deandreqei - If you are disappointed in your life and career may it is all because of seasonal depression?
When you take antibiotics, follow the directions carefully. The pills may be really dangerous. If you feel pain or pressure in the chest or abdomen, call your physician. It may be influenza. Thaddeusymx - The three most common vaginal infections are bacterial vaginosis, yeast infection and vaginitis.
Indian Pharmacy always provides its clients with best quality original medications! About 15% of the population will suffer from clinical depression at some time during lifetime. Lesleerti - Dont suffer in silence! Learn more about your depressive condition to conquer it at once! This is you last chance to save big shopping on our website for world most trusted medications!
Sometimes serious psychological disorders can lead to severe disorders in men, even to impotence. Again with Ozma, wished to see her friends, the 'Chopfyt was not a success.
Cecilylvd - How often do you consider yourself to be miserable and lonely? Probably depression is here. If you cant control your emotions you may turn your whole life into torture Tell me please how you manage to survive depressions every spring and fall! Fernandejii - Coughing people may be transmitters of influenza! Protect yourself before its too late! The only reason for me to I choose this medication is its amazing effectiveness and quality!
If your immune system is damaged you may acqure some allergies. Prevent the disease!
Frequently Asked Questions About Copyright Frequently Asked Questions About Copyright Issues Affecting the U.S. Government CENDI/2008-1 October 8, 2008 TABLE OF CONTENTS Glossary of Terms Copyright Basics U.S. Government Works Works Created Under a Federal Contract or Grant Use of Copyrighted Works Applicable Copyright Legislation and Other Resources on the Internet Prepared by CENDI Copyright Working Group Edited and updated by Bonnie Klein Defense Technical and Information Center and Gail Hodge Information International Associates, Inc. Published by CENDI Secretariat Information International Associates, Inc. Oak Ridge, TN October 2008 Purpose and Use of This Document This document is prepared by the CENDI Copyright Task Group in response to a request from the task group members and CENDI principals to address the issue of copyright from an operations perspective. In 1997, the CENDI Task Group identified a series of questions concerning copyright and intellectual property. These were documented as part of the Task Group's report, 'Copyright and Intellectual Property: Operational Issues for CENDI Agencies.'
Realizing that it was not in a position to provide guidance for any particular agency, CENDI developed the concept of a Frequently Asked Questions document (FAQ) that could be used to educate librarians, information center staff, publications staff and agency authors about copyright. The Copyright Law is complex and situation-based. Therefore, professional counsel for specific cases is advised. However, it is also hoped that this document will serve as a template for the development of agency Office of General Counsel approved documents that can provide more specific guidance for the individual agencies. It should be noted that this document primarily addresses U.S.
Copyright Law as provided at Title 17 of the United States Code (17 USC - Copyrights) and Title 37 of the Code of Federal Regulations, Chapter II (37 CFR, Chapter II - Copyright Office, Library of Congress). Copyright Notice This is a work of the U.S. Government and is not subject to copyright protection in the United States. Foreign copyrights may apply. Notice of Change The information presented in this FAQ is subject to changes enacted by U.S. Government policies, legislation and case law. Direct comments about this document to.
SUMMARY OF CHANGES CENDI/2008-1 CENDI Frequently Asked Questions about Copyright: Issues Affecting the U.S. Government This revision, dated 8 October 2008-- • New version: October 2008 ( Old version: January 2002 (rev. August 2008)) • Adds section 5.3.7 • Updates References TABLE OF CONTENTS GLOSSARY OF TERMS COPYRIGHT BASICS General Information Regarding Copyright What is copyright? What is the history of copyright legislation in the U.S.? What works are eligible for copyright protection? Can facts, databases and compilations be copyrighted?
What rights does copyright provide? How long does copyright last? Is the copyright term extended or changed merely by copying the work to another medium; e.g., from print to CD-ROM?
Limitation On Copyright Protection Are there any limitations to copyright protection? What is 'fair use'? Government use the fair use exception? What is public domain? Can a work that includes works in the public domain be copyrighted?
Does public release, disclosure or dissemination mean the same as public domain? Ownership Of Copyright Who can hold copyright? Can copyright be transferred from the author or owner to another party? How can the owner of a copyrighted work be identified? Copyright And The Internet Does the Copyright Law apply to materials on the Internet or the Web? Can the published version of a U.S.
Government work that has been published in a non-government product be posted on a public web site? Does fair use apply to the Internet? How can I determine what uses can be made of materials found on the Internet? Are copyright notices required on materials on Government web sites? Is it a copyright infringement to link from your website to copyrighted material on another? Does the Digital Millennium Copyright Act (DMCA) of 1998 expand protection of works on the Internet? Other Forms Of Intellectual Property Protection Are there other forms of intellectual property protection?
GOVERNMENT WORKS General Information Regarding U.S. Government Works What is a U.S.
Government work? Government work provided copyright protection? Does 17 USC §105 apply to works of state and local governments? What is the history of the copyright treatment of U.S.
Government works? Government works are not protected by copyright in the U.S., are all U.S. Government works publicly available without restriction in the U.S., or may the Government establish terms and conditions for use or distribution of U.S. Government works? If an item has a GPO number (#) or an Agency number (#), can I assume it is not copyrighted? Does the Government have copyright protection in U.S.
Government works in other countries? Is the Government required to provide notice that there is no U.S. Program Do Nauki Niemieckiego Professor Klaus Chomikuj Muzyka on this page. Copyright on its works? Are Government websites provided copyright protection? Government Works Included As Part Of A Non-Government Work May another publisher or individual republish a U.S. Government work and assert copyright? Government work be copyrighted if it is included in conference proceedings with other works that are copyrighted?
May the Government reproduce and disseminate U.S. Government works, such as journal articles or conference papers, which have been first published or disseminated by the private sector? Toony Over The Top Reloaded Uploaded Coupon. Government work be reused after it has been published in a non-government product? Government employees are under the impression that they must transfer copyright in works prepared as part of their job to the publisher of a journal or book in order to have an article published. Is this true? Government employees sign publishing agreements for works produced as part of their official duties? Is a work co-authored by a U.S.
Government employee and a non-government employee copyrightable? WORKS CREATED UNDER A FEDERAL CONTRACT OR GRANT If a work was created under a government contract, who holds the copyright? Are data rights any different under special programs such as the Small Business Innovative Research (SBIR) program? If the contractor is allowed to assert copyright in a work produced under a government contract, is the Government's use of the work restricted?
If so, what rights does Government retain? Does the Government have the same rights to use copyrighted material produced outside of a Government contract but included in a work produced under a government contract as it does to portions of the work first produced in performance of the contract? May a Government contractor voluntarily transfer its copyright to the Government? Can a contractor be forced to transfer its copyright to the Government? May a contractor use works it produced under a Government contract? Must a contractor place a copyright notice or acknowledgement of the Government's rights and sponsorship on a work produced under a Government contract?
What are the rules regarding works produced under Government grants and cooperative agreements? If the grantee assigns his copyright in scientific and technical articles produced under a Government grant to a publisher, what rights does the Government have in the article? If the contractor assigns his copyright in scientific and technical articles produced under a Government contract to a publisher, what rights does the Government have in the article? What Language could be used in a copyright agreement between a contractor or grantee author and a publisher to clarify the author’s right to deposit journal articles in the electronic repository of the government agency that funded the author’s research? USE OF COPYRIGHTED WORKS Use of Non-Government Copyrighted Works in A U.S.
Government Work Does the U.S. Government have any special rights to use copyrighted material?
Are there any copyright issues related to the use of non-government abstracts or citations in U.S. Government authored bibliographies or databases? Does copyrighted material lose its copyright status and protection if it becomes part of a U.S.
Government work or is included in a compilation published by the Government? Government use works of foreign governments or international organizations? Can the Government translate a copyrighted work to which it does not hold copyright? Use by Government Libraries and Archives Are there any special policies that apply to Government libraries and archives? Can digital material be copied for archival purposes? Can its format be changed? What happens if the actual need for copyrighted material exceeds the exceptions granted in 17 USC § 107 and § 108?
Do copyright principles apply to materials purchased and licensed by Government libraries? Permissions, Licenses And Releases To Use Copyrighted Works How can you determine if copyright permission is needed? Is it necessary to get permission to use facts from a copyrighted source? What should be considered when getting a license, release or permission? Are there other rights that should be addressed when dealing with U.S.
Government use of non-government works? Can the Government transfer licenses or permission? Must the Government request permission to include copyrighted material owned by a government employee in a U.S.
Government work? Does a government agency need a license to perform copyrighted music or show a copyrighted video at a government sponsored meeting or event? Infringement by the Government What acts constitute a copyright infringement?
Can a copyright owner sue the Government if the Government, or a contractor performing under a government contract, infringes the copyright? What are the consequences for infringement by U.S. Government agencies or employees? Who represents the government in copyright infringement suits? APPLICABLE COPYRIGHT LEGISLATION AND OTHER RESOURCES ON THE INTERNET Bibliography (Conference on Fair Use, 1994-98) (with copyright information) (for copyright licensing and permissions) (from CENDI Copyright Task Group) --A Sampling --A Sampling CENDI COPYRIGHT TASK GROUP CURRENT MEMBERS: Bill Adams (DOD/Army), Nancy Allard (NARA), Vicki Allums (DISA), Jane Barrow (DOD/Navy), James Bechtel (ONR), Dale Berkley (NIH), David Berthiaume (DoED), Gary Borda (NASA), JoAnne Calhoun (NASA), J.