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Role of the Governor in the government formation

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In the Constitution of India, which is a sovereign socialist secular democratic republic, the country has three levels of governments: the Central, the States and the Union Territories, besides the third level of governments, comprising the panchayats in rural areas and municipalities in urban areas. In India, the state governments are the level of government below the central government. Each state of the country is governed by the state government. There are 29 state governments in our country, each of which is headed by the governor and the chief minister. The CM also heads the council of ministers. Role of Governor The Governor of the respective has to first invite the single largest party to form the government. But the decision has to be an “informed one” and “on sound basis,” with a view to provide a stable government. In the  RAMESHWAR PRASAD V. UNION OF INDIA (2006) 2 SCC 1 , case, a five-judge Constitution Bench, clearly recommended the sugge...

PROTECTION AGAINST ARREST AND DETENTION

Introduction           Article 21 of the Constitution requires some procedure established by law to deprive a person of his life or personal liberty. However, the procedure must not only be provided by a law, but it must also be just, proper, due, fair, appropriate and reasonable. Art. 22 of the Constitution contains some minimum procedural requirements which must be complied with by such procedure.           the protection of the individual from operation and abuse by the police and other enforcement officers is a major interest in a free society. Denying a person of his liberty is a serious matter. In view of this, it can be said that an illegal arrest of a person causes incalculable harm by way of loss of his reputation. In Deepak Bajaj v. State of Maharashtra, (AIR 2009 SC 628), the Court held that, liberty of a person is a precious fundamental right under Article 21 and should not be ...

LANDMARK JUDGMENTS OF INDIA

1. Jury decision overturned by High Court (KM Nanavati v State of Maharashtra) - 1961 Hardly an open-and-shut case, the nature of the crime garnered media attention. This case is notable for being the last case when a jury trial was held in India. KM Nanavati, a naval officer, murdered his wife's lover, Prem Ahuja. The jury ruled in favour of Nanavati and declared him "not guilty" which was eventually set aside by the Bombay High Court. 2. Amendment masquerades as law (IC Golaknath v State of Punjab) - 1967 Parliament's prevented from taking away individual rights. In the highly famous case of Golaknath V State of Punjab in 1967 the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights of individuals mentioned in the Constitution. Parliament's overarching ambitions nipped in the bud (Keshavananda Bharti vs State of Kerala) 1973. 3. Elected representatives cannot be given the benefit of doubt A highly notable case which...

BASICS OF INCOME TAX

1. Person:  Income-tax is charged in respect of the total income of the previous year of every person. Hence, it is important to know the definition of the word person. As per section 2(31), Person includes: •  an Individual •  a Hindu Undivided Family (HUF) •  a Company •  a Firm •  an Association of Persons or a Body of Individuals (BOI) whether incorporated or not •  a Local Authority •  every Artificial, Juridical person, not falling within any of the above categories 2. Assessee:  As per Section 2(7) of the Act according to which assessee means a person by whom any tax or any other sum of money (i.e. interest, penalty etc.) is payable under the Act and includes: A)  Every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or assessment of fringe benefits or of the income of any other person in respect of which he is assessable or to determine the loss ...