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This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. Historically, the state of Jammu and Kashmir was accorded a status different from other States owing to an explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). [1]
The 52 items currently on the list are: [5] [6] 1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
The NDMA which was initially established on 30 May 2005 by an executive order, was constituted under Section-3(1) of the Disaster Management Act, on 27 September 2006. [5] The NDMA is responsible for "laying down the policies, plans and guidelines for disaster management" and to ensure "timely and effective response to disaster".
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Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment.
The Disaster Management Act was passed by the Lok Sabha on 28 November 2005, and by the Rajya Sabha on 12 December 2005. It received the assent of the President of India on 9 January 2006. The Act calls for the establishment of a National Disaster Management Authority (NDMA), with the Prime Minister of India as chairperson.
The phrase disaster management is to be understood as a continuous and integrated process of planning, organising, coordinating, and implementing measures, which are necessary or expedient for the prevention of danger or threat of any disaster mitigation or reduction of risk of any disaster or severity of its consequences, capacity building, preparedness to deal with any disaster, prompt ...
State of Rajasthan, [11] by a majority of 3–2, the Supreme Court held, "When article 368 confers on Parliament the right to amend the Constitution, the power in question can be exercised over all the provisions of the Constitution. It would be unreasonable to hold that the word "Law" in article 13 (2) takes in Constitution Amendment Acts ...