VAKALATGIRI

PRESIDENT’S RULE  In layman’s term  President's Rule  is the suspension of state government and imposition of direct central government rule in a state. Article 356 of Indian Constitution deals with imposition of President’s Rule over a State of India. If a State Government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them.  During president's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.  The Governor is an appointee of the President and thus, effectively, a functionary of the Union Government.  S. R. Bommai v. Union of India   was a landmark judgment of the Supreme Court wher...

UNWORKABLE, EMOTIONALLY DEAD, BEYOND SALVAGE AND BROKEN DOWN   IRRETRIEVABLY   Bench of Justice Sanjay Kishan Kaul and Justice MR Shah has ordered dissolution of a marriage of a couple, living separately for 22 years and failing to reconcile their differences.  In    R. Srinivas Kumar vs R. Shametha, (CIVIL APPEAL NO. 4696 OF 2013 ) Supreme Court dissolved the marriage under Article 142 of Indian Constitution.The court termed the marriage "unworkable, emotionally dead, beyond salvage and broken down irretrievably". The husband had filed an appeal in the Supreme court against the 2012 Andhra Pradesh High Court judgement, upholding the family court decision to refuse to pass a decree of divorce against the wife. The couple had got married in 1993, but later, a difference of opinion emerged, with the husband alleging that cruelty was meted out to him. Till 1997, for a majority of time, the wife stayed at her parental house. The husband filed a divor...

ARTICLE 370- A BRIEF NOTE  Written By : Ms. Ankita Rana  Sr. Executive Law, BHEL  Article 370 of the Constitution of India, 1949 accords a special status to the State of Jammu & Kashmir. It limits the application of the provisions of the Constitution of India to the State of Jammu & Kashmir, (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K.  HISTORY OF ACCESSION OF J & K TO INDIA In order to understand Article 370, it is important to first understand the legislative history behind the provision. The provision was introduced in the Constitution as unlike other princely states, special conditions existed in the State of Jammu & Kashmir as follows: • India was at war with Pakistan and there was a cease fire agreed operating at the relevant time; • The internal condition in the state of J & K was still unusual and ...