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Anti Defection Law and The 10th Schedule of Constitution : : Important Topics for UPSC Exams
Comparative Constitutions. These two schedules provide for alternate or special governance mechanisms for certain 'scheduled areas' in mainland and certain 'tribal areas' in northeastern India. Normative legislative-executive and judicial authority for States and Union Territories in India are provided for in Parts and Chapter 5 of Part 6 respectively. Somewhat different mechanisms were provided for tribal zones in the Constitution due to their political significance, and these have changed a great deal over time. Ironically, when a deeper understanding and empirical analysis of these provisions is called for in view of existential crisis of tribes and ecological crisis for India, very little is understood or attempted to understand.
So, on the is 69th anniversary of passage of Fifth and Sixth Schedules, DTE brings first ever tabular comparison of these provisions, organised by the leading subject matter expert, B K Manish. Similar to Art. Areas through Notification and Regulation no mention of discretion. All other powers of Governor are discretionary, after he has consulted Council of Ministers and District Council. All other powers of Governor are discretionary, after he has consulted Council of Ministers and District or Regional Council. Domain of Legislative Power of Special Body.
Power of subordinate legislation with respect to consumption of intoxicants, minor forest produce, land-alienation, village markets, money-lending, control over institutions and functionaries in social sector, control over local plan and resources for them, if and when endowed by State Legislature. On subjects as enumerated in clauses a to j of Para 3 and a to o of para 3A. On subjects as enumerated in clauses a to j of Para 3 and i to xl of para 3B. Only to the extent that State Legislature is prohibited from making laws inconsistent with customary laws and practices, including customary mode of dispute resolution.
Role of High Court to be limited to what Governor may specify. Its approval is mandatory for implementation of local plans, its recommendation is mandatory with respect to minor minerals, and consultation with it is mandatory for land-acquisition and rehabilitation associated with development projects. In Assam, with respect to subjects as enumerated in clauses a to o of Para 3A and i to xl of para 3B, by respective District Council. With respect to subjects enumerated in clauses a to j in para 3, by respective Council.
Regulation of Money-Lending and Trading by respective District Council, though making of law and its enforcement. Although it would issue utilization certificate to Panchayat for projects and plans of economic development and social justice. Assessment and collection of land revenue, levy of taxes on land-buildings and tolls on persons resident therein, by respective Council. District Council to levy and collect taxes on Professions, modes of transport, entry of goods in market for sale and for maintenance of public utilities.
Establishment of Fund for respective Council, operational rules of it to be made by Governor, and its audit report to be prepared by CAG and laid before Council by the Governor. Panchayati Raj and Municipalities Act not to extend automatically. Laws made by Legislature of Meghalaya shall prevail over laws made by respective Council under para 3, 8 or We are a voice to you; you have been a support to us.
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