Constitution of India, Professional Ethics & Cyber Law 18CPC39/49

14.2 State emergency /constitutional emergency/President Rule

• Art-356 provides that President may proclaim State Emergency:-
on the basis of the Governor Report or without governor report on the grounds of
failure of Constitutional machinery in the state. Failure of constitutional machinery
popularly known as "President Rule". when such a situation arises in which the state
Government cannot be carried on in accordance with provision of the Constitution
whenever a state fails to comply with the directives of the central government and Failure
to maintain law and order
■ Effects/Consequences of State Emergency:
President take up the functions of the state Govt. there will be dismissal of state council
of ministers. President may suspend or dissolve the state assembly. With the help of Chief
Secretary the President will discharge the Government duties in which state President
Rule imposed of.
President can declare that the powers of the state legislatures are to be exercise by the
Parliament
■ Parliament must approve the imposition of State Emergency within 2 months from the date
of issue
• duration of state emergency for 6 months only at a time
• Parliament may extend President Rule or state emergency for a maximum period of 3 years
and not more than 3 years.
14.3 Financial Emergency
■ Art 360-If President satisfied that the financial stability and credit of India is under
threat than he (President) can impose financial emergency.
■ EFFECTS of Financial Emergency
President may issue direction to cut down/reduction in salaries and allowances
of the government employees serving in union or state Government and even
judges of SC & HC
President ask all the states to reserve all money or financial bill passed by the state
legislature for his consideration
during the operation of financial emergency the center acquires full control over the
states in financial matters
so far no imposition or declare of Financial emergency in India

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15. WCAL SELF GOVERNEMT:

Powers & Functions of Municipalities, Panchayath and Co-operative Societies

15.1. Panchayath
• Local self Govt. in Rural called as Panchayath
• India has a democracy, Pan ch aya th / Mu n icipal ities are the best example for the India's
democratic form of Govt.
• 73rd Amendment Act,1992 deals with the local self-Government in the Rural parts of India-
Panchayath Raj system
• it inserted a New "Part-IX" and Art.24:f "A" to 243 "0" which deals with Panchayath
• Minimum age to contest Panchayath and municipalities is 21 years
• In Karnataka These LSG has 3 tier /levels
• Gram Panchayath
for population of 5000
representatives of gram panchayath are elected directly by the peoples of the
particular panchayath for 5 years
the members of gram panchayath elect among themselves the President & Vice
President of gram panchayath
term for 5 years
Gramasabha is body or assembly consisting all the registered voters of the villages of
a panchayath
• Taluk Panchayath
1 member for 10,000 population
Structure: apart from elected members MPs of Lok-Sabha & Rajyasabha, MLA &
MLC, 1/5 of the presidents of Gram Panchayath on rotation basis
term of Taluk Panchayath is 5 years
the President & Vice President will be elected among themselves for the period of
20 months
• Zillah Panchayath
1 member for 40,000 population
Structure: apart from elected members MPs Lok-Sabha & Rajyasabha, MLA & MLC
term of Zilla Panchayath 5 years
the President & Vice President will be elected among themselves for the period of
30 months

ELECTIONS TO Panchayath Raj system

• Direct Election
• Election conducted NOT on the basis of Political Party in the Gram Panchayath
• Election will be conducted by STATE Election Commission established under Act.
• Reservation in the Grama, Taluk & Zilla Panchayath:-
• 15 % for SC, Based on the proportion of the population of SC
• 3% for ST based on the proportion of their Population
• 1/3 of seats reserved for WOMEN
• Financial autonomy/independence has been given to Panchayath

15.2. Municipalities
• Local self Govt in Urban called as Municipalities/Mahanagara palike
• 74 rd Amendment Act,1992 inserted New Part-IX A and Art.243 "P"to 243"ZG" deals with
Municipalities or urban local bodies
• In Kamataka
• Town Municipal council
Population between 20,000 to 50,000
• City Municipal Council
Population between 50,000 to 3,00,000
• Mahanagara Palike
More than 3,00,000 population

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Constitution of India, Professional Ethics & Cyber Law 18CPC39/49

• Composition
• Directly elected members-Cbuncilors
• Structure: apart from elected members MPs Lok-Sabha & Rajyasabha, MLA & MLC
■ 5 nominated members appointed by state Govt.
• Reservation
• 15 % for SC, Based on the proportion of the population of SC
• 3% for ST based on the proportion of their Population
■ 1/3 for WOMEN
• Election
■ conducted on the basis of Political P,flrty
■ Election will be conducted by STATE Election Commission established under Act .
■ Tenure 5 years
15.3. CENTRE & STATE RELATION
• Legislative Relation: 7th schedule of the Constitution deals with the Law making power of the
Parliament (Union Govt) and state legislatures (State Govt) which are divided as follows:
• LIST I or UNION LIST:- the Parliament has exclusive power to make law with respect to the
matters enumerated in the List I or Union List. There are 97 subjects: for e.g. Defence, banking,
foreign affairs, Railways, Currency, atomic energy, insurance etc.
■ LIST II or State LIST: - the state legislature has exclusive power to make law with respect to
the matters enumerated in the List II or state Lis t. There are 66 subjects: for e.g. Police, lotteries,
gambling, public health, public order, agriculture, prisons, local governmen t, fisheries etc.
■ LIST III or Concurrent LIST:- Both the Parliament & state Legislatures has power to make
law with respect to the matters enumerated in the List III or concurrent List. There are 47
subjects: for e.g. economic planning ,family planning, population control, electricity,
Labour welfare, newspaper, education, forests, weights & measures, protection of wild animal
& birds etc.
• Residuary power vested with Parliament: Whichever subjects/matter not mentioned in the
above 3 list, than only Parliament has power to make law for those residuary subjects/
matter which not included in the above 3 lists.

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