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Q. Both the Centre and the States are empowered to legislate upon the matters included in the Concurrent List. Which law shall prevail in case of consistency between the Union law or the State law?

Ans. If a law made by the Legislature of a State is inconsistent with a law enacted by Parliament with respect to the same matter of the Concurrent List, the law made by Parliament shall prevail and the law made by the State Legislature shall be void to the extent of inconsistency. According to Article 254, it is immaterial whether the law of Parliament was made before or after the law of the State Legislature. However, if a law made by the State Legislature receives the assent of the President and it becomes inconsistent with a law of Parliament enacted before the law of State Legislatures the law of State shall prevail. Again, Parliament has the right to enact a law again on the same matter in later date in order to modify the impact of State law.

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UNIT 13 FEATURES OF 73rd AND 74th CONSTITUTIONAL AMENDMENT

Structure

13.0 Learning Outcome

13.1 Introduction

13.2 Initiatives towards Constitutional Status to Local Governance

13.2.1 Features of 73rd Constitutional Amendment

13.2.2 Features of 74th Constitutional Amendment

13.2.3 Decentralised Planning in Context of 73rd and 74th Constitutional Amendment Act

13.3 Initiatives after Economic Reforms

13.4 Functioning of PRIs in Various States after 73rd Amendment

13.5 Functioning of Local Governance after 73rd and 74th Constitutional Amendment: Observations

13.6 Conclusion

13.7 Key Concepts

13.8 References and Further Reading

13.9 Activities

13.0 LEARNING OUTCOME

After studying this Unit you should be able to:

• Identify the background of revitalisation of local governance;

• Understand the features of 73rd and 74th constitutional amendment;

• Discuss the initiatives after economic reforms; and

• Outlines the functioning of local governance in various states after the amendment.

13.1 INTRODUCTION

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Q. What is the meaning of the terms like ‘Pardon’, ‘Reprieve’, ‘Respite’, ‘Remission’ and ‘Commutation’ with respect to the power of the President to grant pardon to convicted persons?

Ans. In terms of their scope and effect, these terms have specific connotations. The effect of Pardon is to abolish punishment and to absolve the convict of all charges. If Pardon is granted, it is assured as if the convict has not committed any crime. The convict will not face any disabilities due to the allegations and charges made against him. ‘Remission’ means reducing the punishment without changing the nature of punishment. For example, the imprisonment for 20 years may be reduced to the imprisonment for 10 years. ‘Commutation’ means reducing the punishment by changing the nature of punishment. For example, punishment to death may be changed to life imprisonment. ‘Respite’ means reducing or changing the nature of punishment in view of the specific facts and circumstances of the convict. For example, the punishment to death awarded to a pregnant woman, may be changed to simple life imprisonment. Respite means delay in execution of punishment especially that of death, in order to …

UNIT 1 CONCEPT, EVOLUTION AND SIGNIFICANCE OF DEMOCRATIC DECENTRALISATION

Structure

1.0 Learning outcome

1.1 Introduction

1.2 Concept of Democratic Decentralisation

1.3 Evolution of Democratic Decentralisation

1.4 Significance of Democratic Decentralisation

1.5 Democratic Decentralisation in India

1.6 Conclusion

1.7 Key concepts

1.8 References and Further Reading

1.9 Activities

1.0 LEARNING OUTCOME

After studying this unit, you should be able to:

• Understand the concept of Democratic Decentralization;

• Know the evolution and significance of Democratic Decentralization; and

• Describe the Democratic Decentralization pattern in India.

1.1 INTRODUCTION

The dawn of 21st century is marked by decentralized governance both as a strategy and philosophy of brining about reforms and changes in democracies. These changes led to such virtues of transparency, responsiveness and accountability and ensures good governance. Today decentralization and democracy are the most significant themes in the development discourse. In the present contex…