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Critical Analysis – Competition Act 2002

Posted by on Apr 20, 2014 | 0 comments

Critical Analysis

  • Excess control of Central Govt over CCI can be a cause of misuse of CCI by govt ministers in power to reflect decision of CCI in favour of their relatives or favourites. Here Excess control means a) CCI is bound to follow directions of central govt as may be issued time to time, b) power of central govt to exempt any number of enterprises from control of CCI as thinks fit in public interest.
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CCI – Duties, Powers and Control of Central Govt

Posted by on Apr 19, 2014 | 0 comments

The Competition Act 2002 provides a provision to establish a commission called Competition Commission of India (CCI) for execution of provisions of this act. Also act was amended in 2007 to create an appellate tribunal called CAT to hear appeal against decisions of CCI but only in defined cases.

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Competition Act 2002 – Restricted Practices

Posted by on Apr 18, 2014 | 0 comments

The Competition Act was a historical step in Legislation of India to sustain competition in markets of India by control on monopoly practices. The fair competition is a necessary element of market to protect interests of consumers, to promote freedom of trade, to maximize efficiency and for better economic development of the country. It was enacted in 2002 and again amended in 2007.

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Religious, Cultural and Environmental Rights

Posted by on Apr 16, 2014 | 0 comments

The Article 25 to 30 of our constitution contain religious, cultural or educational rights which promotes free dissemination of religious beliefs or values  . The concern of minorities on basis of culture or religion or language as case may be are duly considered under this part of our constitution.

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Right to Life – Personal Liberty and Right against Arbitrary Detention

Posted by on Apr 15, 2014 | 0 comments

The right to life constitute most basic fundamental right in our constitution. The 44th amend 1978 makes it clear that fundamental rights under Article 20 (right in relation to conviction for offences) and 21 (right to life) can’t be taken away even at time of emergency (i.e. Article 20 and 21 are justiciable even at time of emergency).

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Fundamental Rights – Right to Equality

Posted by on Apr 14, 2014 | 0 comments

The Fundamental Rights are enshrined in Part III of our constitution from Articles 12 to 35. These are more elaborate in Indian constitution than any other constitution of the world. Our constitution guarantees six fundamental rights. Here we will discuss right to equality and others in consequent parts.

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Municipality – Urban Local Self Government

Posted by on Mar 20, 2014 |

The Municipality is also called Urban Local Self Govt and it signifies governance of an urban area through their elected representatives. The 74th amend 1992 added a new part in constitution and provides constitutional status to Municipality. Article 243-P to 243-ZG in Part IX A and Twelfth schedule of the Constitution deals with composition, election and powers of a Municipality or Urban Local Self Govt.

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Panchayats – Rural Local Self Government

Posted by on Mar 19, 2014 |

The concept of Panchayati Raj is continuing from many centuries. But it got constitutional nod after enactment of 73rd Constitutional Amendment Act of 1992. After constitutional amendment, every state shall constitute Panchayats at all three levels. The democracy at grass root level is essential for sustainable and development of rural area. Article 243 (A to O) deals with composition, election and powers of Panchayat at all 3 levels.

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Inter State Relations – Inter State Council and Water Disputes

Posted by on Mar 18, 2014 |

Although in federal system, each state or unit has complete sovereignty in their territorial limits but these states or units can never remain in isolation from each other, so it is necessary to lays down certain rules of comity which units or states are required to observe and follow while contacting with each other. These rules includes following matters:-

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Executive Powers – Distribution among Union and States

Posted by on Mar 17, 2014 |

The executive powers of state and union has been divided on same lines as of the legislative powers. But actually distribution of executive powers is more complicated than legislative as state govt has executive powers on subjects that are listed in both state and concurrent list. Articles 256 to 263 in Part XI of the Constitution deal with distribution of executive powers b/w union and states.

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Legislative Powers – Distribution b/w Union and States

Posted by on Mar 16, 2014 |

The Federal system means division of power b/w Centre and States. The Constitution of being federal divides all powers (Legislative Powers, Financial and Executive) b/w centre and states except judicial powers due to independence of judiciary. Here we will discuss about distribution of legislative powers among the union and states that are included under Article 245 to 255 of the constitution.

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Article 32 – Right to Constitutional Remedies

Posted by on Mar 15, 2014 |

All fundamental rights that are included in Part III of constitution are meaningless without providing effective measures of enforcement for that Fundamental Rights. So Article 32 is also a Fundamental right to seek remedy against violation of other fundamental rights.

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Fundamental Duties – Significance and Criticism

Posted by on Mar 14, 2014 |

Initially, founding fathers of the constitution did not seem it necessary to include fundamental duties of citizens in the constitution itself. But at time of emergency (1976), Indira Gandhi set up Sardar Swarn Singh Committee to make recommendation about fundamental duties to abide by citizens.

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Right to Freedom – Description and Restrictions

Posted by on Mar 13, 2014 |

The right to freedom is enshrined under Article 19 of our Constitution and guarantees six basic freedoms such as right to freedom of speech & expression, assembly, movement, residence etc. These rights are available only against State action and not against private individuals. These rights are available only to citizens but not to foreigners.

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