India's Constitution Origins and Evolution (Constituent Assembly Debates Lok Sabha Debates on Constitutional Amendments and Supreme Court Judgments) (Vol 5)

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Description
Articles 79 to 122 and Articles 168 to 212 (Parliament and State Legislature) Articles 123 and 213 (Legislative Powers of the President and Governor)
This volume deals with the representative character of governance adopted by our Constitution and also the Legislative Powers of the President and Governor. Parliament and the State Legislatures (Articles 79 to 122 and Articles 168 to 212) comprise members elected by adult franchise. The political party which wins the majority of the seats in the Parliament, forms the Government and also decides who amongst them will be Prime Minister1. The Prime Minister decides who amongst the elected members of his party will be the Ministers. This team of Ministers with the Prime Minister at the top rules the country for a term of five years. This is the Lok Sabha or the House of the People at the Centre and the Legislative Assembly in a State. There is also a Council of States (Rajya Sabha), the members of which are elected by the elected members of the Legislative Assemblies of the State in accordance with the system of proportional representation. In some States there is also a Legislative Council, which is similar to the Council of States. These institutions have been dealt with, in greater detail, in the Overview. Here, we are not dealing with the limits of the power of the Legislatures. Limitation on the power and jurisdiction of the Legislatures are of compelling necessity in a federal Constitution. We shall look at those provisions when we reach Chapter I of Part XI which deals with legislative relations between the Union and the States and the distribution of legislative powers. In this volume, we will basically find the composition of the legislative bodies, and their functioning, which ultimately results in the making of law. This volume also includes the provisions relating to the Legislative Powers of the President and Governor (Articles 123 and 213). This is a special power bestowed upon the Executive to legislate through the promulgation of an Ordinance for a limited period of time. This power has been provided for to address emergent situations or when exercise of the law making power becomes necessary with the Legislatures not being in session. However, such a law has to be placed before the Legislatures within six weeks of its reassembly, otherwise it lapses. The break-up of the volumes and the reason why the Parliament and the State Legislature and Legislative Powers of President and Governor have been considered together have already been dealt with in the Preface to Volume
4 and I do not find it necessary to reiterate it here.
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Contents
Part V
Chapter II  Articles 79 to 122
Part VI
Chapter III  Articles 168 to 212
Parliment and State Legislature
Part V 
Chapter III
Article 123
Part VI
Chapter IV
Articles 213
Legislative Powers of the President and Governor
Appendices
Appendix I
Appendix II
Appendix III
Subject Index
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