Many political heavyweights have requested the president to invoke Article 355 of the Constitution to ensure that the state government acts in accordance with the Constitution’s provisions, citing post-poll violence in West Bengal’s Birbhum area.
The petitioner has requested that Article 355 be imposed due to a breakdown in the constitutional system.
What’s the Difference Between Articles 356 and 355?
It is in the discharge of this responsibility that the central assumes control of a state’s administration under Article 356 in the event that the state’s constitutional machinery fails or breaks down.
This is known as the ‘President’s Rule.’
Imposition grounds: Under Article 356 of the Constitution, the president’s ruler can be declared for two reasons:
Article 356 gives the President the authority to issue a proclamation if he believes that a situation has developed in which the government of a state cannot be carried out in line with the constitution’s provisions.
Article 365 states that if a state fails to comply with or carry out any order from the centre, the President may declare that a situation has developed in which the state’s administration cannot be carried out in line with the constitution’s provisions.
Approval by the legislature and duration: Within two months after its issuance, a proclamation imposing the president’s rule must be ratified by both chambers of parliament.
The President’s Rule Has Consequences: When the President’s rule is imposed in a state, the President gains the following extraordinary powers:
He can assume the governor’s tasks and powers, as well as those of any other administrative authority in the state.
He has the authority to announce that the state legislature’s powers will be exercised by the parliament.
He has the authority to take any other steps necessary, including suspending constitutional provisions relating to any entity or authority in the state.
These rules enable the central government to properly respond to any unusual event.
The Government of India Act 1935 is the source of the Indian Constitution’s emergency provisions.
The suspension of fundamental rights during an emergency, on the other hand, is based on the Weimer (German) Constitution.
The incorporation’s rationale is to protect the country’s sovereignty, unity, integrity, and security, as well as the democratic political system and the Constitution.
Three categories of emergency are defined by the Constitution:
A National Emergency has been declared.
Emergency Declaration of the Constitution
Financial Difficulties
What Is a National Emergency, and What Does It Mean?
War, external aggression, or armed insurrection can all trigger a national emergency. The term ‘proclamation of emergency’ is used in the Constitution to describe such a situation.
Declaratory grounds:
When the security of India or a part of it is threatened by war, external attack, or armed insurrection, the president can proclaim a national emergency under Article 352.
Even before a war, armed insurrection, or external aggression occurs, the President can declare a national emergency.
An ‘Foreign Emergency’ is announced when a national emergency is declared due to ‘war’ or ‘external attack.’
Internal Emergency, on the other hand, is what it’s called when it’s declared because of ‘armed rebellion.’
The term “armed revolt” was added by the 44th amendment. Internal disturbance was the previous word for it.
What is the definition of a financial emergency?
Article 360 authorises the president to declare a Financial Emergency if he believes a situation has emerged that jeopardises India’s financial stability or credit in any portion of its territory.
What effect do natural disasters have on fundamental rights?
The effect of a National Emergency on Fundamental Rights is described in Articles 358 and 359. The following are the explanations for these two provisions:
Article 19 Suspension of Fundamental Rights: When a proclamation of National Emergency is issued, Article 358 states that the six fundamental rights guaranteed by Article 19 are automatically suspended.
Other Fundamental Rights are Suspended: During a National Emergency, the President has the authority to suspend, by order, the right to petition any court for the enforcement of Fundamental Rights.
Fundamental rights, on the other hand, are unaffected by the President’s Rule and the Financial Emergency.
The Municipal Corporation (Amendment) Bill 2022 is expected to be introduced in the House of Commons.
It intends to bring together the Capital’s three municipal corporations — South, North, and East — ten years after the civic body’s trifurcation.
What is the context for reunification and why is it necessary?
Background: In 2011, the government proposed that the MCD be trifurcated to improve efficiency.
After the proposal was accepted by the ministry of home affairs in November 2011, the Delhi government called a special assembly session and passed the Delhi Municipal Corporation (Amendment) Bill in December 2011.
In January 2012, the final notification for the trifurcation was released, separating the municipal bodies of North, South, and East Delhi, with 104 awards handed to the first two and 64 to the latter.
Trifurcated MCDs have encountered a number of issues over the years, including non-payment of safai karamcharis (sweepers) salaries, uneven property tax allocation amongst three civic bodies, ineffective management, and mounting losses, among others.
Unequal Trifurcation: In terms of geographical divisions and revenue-generating capacity, the trifurcation was uneven.
As a result, the three firms’ resources were vastly inadequate in comparison to their duties.
Widening Gaps: The deficit has worsened over time, putting the three municipal corporations in a financial bind and rendering them unable to pay their employees’ salaries and retirement benefits on time, posing a severe barrier to the delivery of civic services in Delhi.
What is the definition of a municipal corporation?
The Municipal Corporation is the urban local authority in India that is in charge of the development of any Metropolitan City with a population of more than one million people.
Other names for it include Mahanagar Palika, Nagar Palika, Nagar Nigam, City Corporation, and so on.
Municipal Corporations are founded by acts of state legislatures in the United States, and by acts of Parliament in the Union Territories.
Property tax revenue is a major source of funding for municipal governments.
In 1688, Madras became India’s first municipal corporation, followed by municipal corporations in Bombay and Calcutta in 1726.
The establishment of a local governing body capable of collecting property taxes and fixed grants from the state government in order to provide essential community services such as health care, education, housing, and transportation was necessitated by the growing population and urbanisation in India’s cities.
Provisions of the Constitution:
Except for the integration of Article 40 in the Directive Principles of State Policy, there is no provision in the Indian Constitution for the formation of local self-government.
The 74th Amendment Act of 1992 included a new Part IX-A to the Constitution, which deals with municipal and Nagar Palika administration.
Articles 243P to 243ZG make up this section. The Constitution was also amended to include a new twelfth schedule. The 12th schedule is made of of
Composition: Based on the population of the city, each municipal region is divided into geographical constituencies known as wards.
Each ward elects a representative, who is elected by the ward’s residents. On the basis of adult franchise, members of the wards committee are elected for a five-year tenure.
A councillor or corporator is a ward’s elected representative.
The number of wards in a municipal jurisdiction is determined by the population of the city. Seats are allocated for scheduled castes, scheduled tribes, disadvantaged classes, and women.
Thousands of children living near the Kabwe mine in Zambia had elevated levels of lead in their blood recently.
What is Lead Poisoning and How Does It Happen?
About: Lead poisoning, also known as chronic intoxication, is characterised by exhaustion, abdominal pain, nausea, diarrhoea, loss of appetite, anaemia, a dark line along the gums, and muscle paralysis or limb weakness.
Lead poisoning is especially dangerous for children under the age of six, as it can have a negative impact on their mental and physical development. Lead poisoning can be lethal at high doses.
Anemia, hypertension, renal impairment, immunotoxicity, and toxicity to the reproductive organs are among symptoms of lead poisoning.
The fabrication of lead-acid batteries for automobiles accounts for more than three-quarters of global lead consumption.
Lead poisoning can occur from a variety of sources, including occupational and environmental exposure. Inhalation of lead particles produced by burning lead-containing materials, such as during smelting, recycling, stripping leaded paint, and using leaded aviation fuel, and ingestion of lead-contaminated dust, water (from leaded pipes), and food are the main causes (from lead-glazed or lead-soldered containers).
What exactly is lead?
Lead is a hazardous element that occurs naturally in the Earth’s crust.
The brain, liver, kidneys, and bones are all affected by lead poisoning. It’s stored in the teeth and bones and builds up over time.
The amount of lead in a person’s blood is commonly used to determine their exposure.
During pregnancy, lead in the bones is released into the bloodstream, exposing the growing foetus.
There is no known amount of lead exposure that is without adverse consequences.
Lead poisoning can be avoided.
According to the Institute for Health Metrics and Evaluation (IHME), lead poisoning caused 900,000 deaths and 21.7 million years of healthy living (Disability-Adjusted Life Years, or DALYs) to be lost worldwide in 2019.
Low- and middle-income countries bore the brunt of the strain.
What has the world’s reaction been?
WHO’s Reaction:
The World Health Organization has named lead as one of ten substances of serious public health concern (WHO).
The World Health Organization and the United Nations Environment Programme have joined forces to launch the Global Alliance to Eliminate Lead Paint.
In many nations, leaded paint is still a source of exposure.
WHO is also a partner in a Global Environment Facility (GEF)-funded project aimed at assisting at least 40 countries in establishing legally binding lead paint limits.
The Global Environment Facility (GEF), founded on the eve of the 1992 Rio Earth Summit, is a catalyst for environmental action — and much more.
The Ministry of Environment, Forest and Climate Change (MOEFCC) issued a notification titled “Regulation on Lead Contents in Household and Decorative Paints Rules, 2016,” which prohibits the manufacture, trade, import, and export of household and decorative paints containing lead or lead compounds in excess of 90 parts per million (PPM).
The Municipal Corporation (Amendment) Bill 2022 is expected to be introduced in the House of Commons.
It intends to bring together the Capital’s three municipal corporations — South, North, and East — ten years after the civic body’s trifurcation.
What is the context for reunification and why is it necessary?
Background: In 2011, the government proposed that the MCD be trifurcated to improve efficiency.
After the proposal was accepted by the ministry of home affairs in November 2011, the Delhi government called a special assembly session and passed the Delhi Municipal Corporation (Amendment) Bill in December 2011.
In January 2012, the final notification for the trifurcation was released, separating the municipal bodies of North, South, and East Delhi, with 104 awards handed to the first two and 64 to the latter.
Trifurcated MCDs have encountered a number of issues over the years, including non-payment of safai karamcharis (sweepers) salaries, uneven property tax allocation amongst three civic bodies, ineffective management, and mounting losses, among others.
Unequal Trifurcation: In terms of geographical divisions and revenue-generating capacity, the trifurcation was uneven.
As a result, the three firms’ resources were vastly inadequate in comparison to their duties.
Widening Gaps: The deficit has worsened over time, putting the three municipal corporations in a financial bind and rendering them unable to pay their employees’ salaries and retirement benefits on time, posing a severe barrier to the delivery of civic services in Delhi.
What is the definition of a municipal corporation?
The Municipal Corporation is the urban local authority in India that is in charge of the development of any Metropolitan City with a population of more than one million people.
Other names for it include Mahanagar Palika, Nagar Palika, Nagar Nigam, City Corporation, and so on.
Municipal Corporations are founded by acts of state legislatures in the United States, and by acts of Parliament in the Union Territories.
Property tax revenue is a major source of funding for municipal governments.
In 1688, Madras became India’s first municipal corporation, followed by municipal corporations in Bombay and Calcutta in 1726.
The establishment of a local governing body capable of collecting property taxes and fixed grants from the state government in order to provide essential community services such as health care, education, housing, and transportation was necessitated by the growing population and urbanisation in India’s cities.
Except for the integration of Article 40 in the Directive Principles of State Policy, there is no provision in the Indian Constitution for the formation of local self-government.
The 74th Amendment Act of 1992 included a new Part IX-A to the Constitution, which deals with municipal and Nagar Palika administration.
Articles 243P to 243ZG make up this section. The Constitution was also amended to include a new twelfth schedule. The 12th schedule is made of of
Composition: Based on the population of the city, each municipal region is divided into geographical constituencies known as wards.
Each ward elects a representative, who is elected by the ward’s residents. On the basis of adult franchise, members of the wards committee are elected for a five-year tenure.
A councillor or corporator is a ward’s elected representative.
The number of wards in a municipal jurisdiction is determined by the population of the city. Seats are allocated for scheduled castes, scheduled tribes, disadvantaged classes, and women.
| Mon | Tue | Wed | Thu | Fri | Sat | Sun |
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| 20 | 21 | 22 | 23 | 24 | 25 | 26 |
| 27 | 28 | 29 | 30 | 31 | ||
Year All Current Affairs Magazine 2021
Ethics – Answer Writing Masala
₹99.00
Mains Combo Magazine
₹149.00
Maps and Places in News
₹29.00
Art & Culture Current Affairs
₹29.00
Your information will never be shared with any third party
