Expansion plan of Local goverment’s sovereignty of tax — Focused on the constitutional amendment bill of the government —

TAX and LAW ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 147-182
Author(s):  
Kim Taeho ◽  
Shin, Young-Hyo

2017 ◽  
Vol 8 (2) ◽  
pp. 201-213
Author(s):  
Abhay Pethe ◽  
Ramakrishna Nallathiga

Land has recently been looked upon as having substantial value in the Indian cities, especially in Mumbai. However, the allocation of land is a contested area with conflicting views and experiences. Governments intervene in land allocation through legislations for achieving equity but they do so without understanding the institutional structure and changing political, social and economic order. The Urban Land (Ceiling and Regulation) Act (ULCRA) is a piece of legislation through which Indian government made an attempt to redistribute urban land by limiting private ownership of it and confiscating the surplus. A critical review of its performance in India points to the difficulty of achieving such lofty goals in the complex real world, wherein different players actively use a variety of tactics to protect their interest, and also negotiate the outcome in the event of its repeal. The weak institutional capacity of the government and the changing governance framework render the outcomes detrimental. The experience of Mumbai city presented further points to the fact that the multiple actors thus have evolved their strategies to protect their interests through lobbying, corruption and legal wrangling. The experience of ULCRA, therefore, points to ground-level impediments to implementation of law and varied responses of the actors so as to preserve (or, even enhance) their particular interests. ULCRA also went against the decentralization of urban governance that began after the 74th Constitutional Amendment Act.



2018 ◽  
Vol III (II) ◽  
pp. 356-368
Author(s):  
Muhammad Tariq ◽  
Muhammad Shoaib Malik ◽  
Ghulam Qumber

Federalism is created by a state having heterogeneous population with a desire to have provisions for adequate distribution of economic resources within a democratic form of government. The economic interaction is usually guaranteed by the constitutional arrangement of the land. The desire for the creation of a federation may be the economic interaction, interdependence on each other by the Centre and federating units. Proper distribution of powers between the Centre and Federating Units flourish when the residuary powers are vested in the federating units. The 18th Constitutional Amendment made a landmark in the history of Pakistan as it introduced a paradigm shift in the democratic set-up of the country. This shift had long been cherished by most of the mainstream political parties as it gives an opportunity to the ruling parties to complete the tenure of the government.



LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Sangita Laha

Women have been struggling for self-respect and autonomy. Although women constitute one half of the population, they continue to be subjugated, unequal in socioeconomic and political status.There have been several attempts to improve the position of women since India got independence in 1947. Since mid-1980 owing to questioning by women themselves about their oppressed status and plight through varied women’s movements, the issue of ‘women empowerment’ came into focus. The Government of India declared the year 2001 as year for the ‘Empowerment of Women’, but the struggle to reach this stage has been long and arduous. . It has also resulted in the entry of a large number of women in decision-making bodies in rural areas, who were otherwise homemakers. Political participation and grassroots democracy have been strengthened considerably by the 73rd Constitutional Amendment that has created new democratic institutions for local governance yet t women are facing the various problem in the functioning of panchayats. After getting the reservation in the panchayats, they are still depending on their husband or other male members of their family. So for knowing the status of women in the all level of panchayats in India, this paper is based on the secondary data and deals with the political participation and representation of the rural women in the panchayats in India. The theoretical perspective of the evolution of the panchayati raj system in India and the journey of the women in the local governance has also been explained in the study.Several factors which responsible for women’s low participation have been dealt with.In this context, the paper tries to analyse the government initiative for women’s empowerment in the Panchyats, an opportunity to come forward through reservation and highlighting the factors which overtly or covertly tend to prevent women members from performing their roles. Some necessary steps for empowering the women have been suggested.



Social Change ◽  
2000 ◽  
Vol 30 (1-2) ◽  
pp. 8-32 ◽  
Author(s):  
Amitabh Kundu

The present paper examines the trends in rural and urban poverty, analyses the interstate variations and explains these in terms of socio-economic factors. It shows that rural poverty declines smoothly with economic development, which unfortunately is not the case with urban poverty. The availability of water supply, toilets and electricity, that are not explicitly incorporated in the official definition of poverty, has also been analysed at the state level as also across size class of urban settlements. It is argued that the small and medium towns have a weak and unstable economic base. As a consequence, most of these are not in a position to generate funds to provide civic services to all sections of population. These towns, particularly those located in less developed states, should, therefore, be the major concern of government policy. Further, overviewing the changing system of governance, it argues that the seventy-fourth Constitutional Amendment, has not succeeded in genuine empowerment of civic bodies. The power now seems to have shifted from the state governments to the financial institutions, international donors and credit rating agencies. Finally, the capacity of the government to generate employment directly through anti-poverty programmes would remain limited. The paper, therefore, recommends that the anti-poverty programmes should primarily be focussed on provision of basic amenities.



2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Gaurang Rami

Universal primary education is a constitutional directive. Article 45 of the Directive Principles of the constitution urges all state to provide ‘free and compulsory education for all children until they complete the age of fourteen years’ within a period of ten years from the commencement of the constitution. Right to education has been recognized as fundamental right in 83rd constitutional amendment, even then the goal of universal education for all has remained distant dream. The status of education is one of the key indicators of socioeconomic development and employment opportunities largely depend on the level of education. In this paper we have examined the status of primary education in the Dings district of Gujarat state. The availability of basic necessary infrastructural facilities in the primary schools of the Dangs districts is not satisfactory. The process of education and development does not seem to have benefited the disadvantaged tribal groups in the Dangs district as much. Attempts have been made by the government and different voluntary agencies to promote education among tribal groups. The efforts to enhance the tribal education did not achieve its objectives because in many of the cases the educational needs and problems of the tribal communities are not properly identified. Keywords - Literary, Enrollment, Dropout, The Dangs, Gujarat, India



Subject The turbulent political outlook. Significance The opposition Democratic Unity Movement (MUD) has outlined a three-pronged strategy to remove President Nicolas Maduro: a recall referendum, a constitutional amendment and street protests. Meanwhile, Maduro's attempt to focus on domestic economic matters has been derailed by the disappearance and murder of 18 gold miners, with seven still missing, in Tumeremo, Bolivar state. Impacts The MUD's prioritisation of removing Maduro rules out the possibility of negotiated policy change. US policy will roil both the government and opposition. The miners' murder may escalate into national concerns over crime and impunity if not addressed effectively.



2020 ◽  
pp. 45-53
Author(s):  
Quetziquel Flores Villicaña

Article 49 of the Mexican Constitution establishes the tripartite division of the government where by each of the three divisions has certain enumerated powers that serve as checks and balances in a democracy. In the present work we will not analyze the jurisdictional powers of the Judiciary, but instead the legislative powers of the Supreme Court, as well as certain investigation powers whitin as well as how it worked and in which important cases such powers were exercised, as well as the constitutional amendment of June 10, 2011. Another power that we will analyze of the Supreme Court is the power to issue general agreements. Most notably, we will analyze the general agreements 10/2000 and 5/2001 for their impact on functions of the Supreme Court.



Author(s):  
A.L.C. De Mestrall

SummaryThis article reviews the suggestion implicit in two recent obiter dicta of the Supreme Court of Canada and the widely held view in English Canada that the Labour Conventions Reference was wrongly decided, and that parliament should have exclusive jurisdiction to implement any treaty. It is argued that reversal of this rule would constitute a fundamental change in the nature of the Canadian federal system; is not warranted by any functional argument and has never been requested by the principal interested party, namely the government of Canada. It is also argued that the only proper way to make such a change is by way of formal constitutional amendment. Given the existence of a host of treaties covering every imaginable field of human conduct, a blank cheque to parliament to implement any treaty would in effect constitute one of the most major changes of the Constitution in our hutory. Among the problems considered is that of the extreme fluidity of the concept of a treaty in international law. The author suggests that other avenues exist for the expansion of federal legislative jurisdiction to implement treaties in the field of international trade if this is necessary.



Author(s):  
Bhaskar Chakrabarti ◽  
Raghabendra Chattopadhyay ◽  
Suman Nath

In India, the 73rd constitutional amendment of 1992 decentralises agriculture, irrigation, health, education along with 23 other items to the Panchayats, the village level self-government body. It is envisaged that the three-tier Panchayat system at the District, Block and the Village level would coordinate with different ‘line departments’ of the government for planning various schemes and their implementation. In West Bengal, a state in eastern India, where the Panchayats were revitalised before the constitutional amendment, the initial years were marked by strong coordination between the Panchayats and other departments, especially land and agriculture, making West Bengal a ‘model’ case for the Panchayats. However, where service delivery through the Panchayats has been criticised in recent years, the disjuncture between Panchayats and the line departments is a cause for alarm. In this paper, we search for the causes behind the low level of coordination between government departments and the Panchayat at each tier. We analyse the complex process of organisational coordination that characterises decentralisation, and show how decision making in local governments is nested within various levels of hierarchy. The study focuses on the formal structures of coordination and control with regard to decision-making between the Panchayats and the line departments. We show how these processes work out in practice. These involve lack of role definition, problems of accountability, and politics over access to resources and relations of power within, as well as outside, the Panchayat.



1991 ◽  
Vol 35 (1-2) ◽  
pp. 79-101 ◽  
Author(s):  
John Hatchard

On 18 April, 1991, the Republic of Zimbabwe celebrated its 11th year of independence. Coincidentally, just a few months earlier, the 11th constitutional amendment Act was passed. This flurry of legislative activity was the result of a desire on the part of the government to develop a new constitutional structure rather than to remain with the constitution which was essentially imposed upon it by the British during the 1979 Lancaster House conference which eventually led to independence in 1980. The new constitutional model is of considerable interest as it is based upon those operating in many other African nations but, according to the Minister of Justice, is designed to provide safeguards on the exercise of presidential power and to avoid unnecessary conflict and division between the various branches of government. On several occasions, ministers have stressed the autochthonous nature of the new structure and some have indeed suggested that it might form a model for other African countries.It is the intention of this article to examine the legitimacy of these assertions by analysing both the new constitutional structure and its operation in practice. In order to assess the significance of these changes, it is first necessary to examine very briefly the Lancaster House constitution and constitutional developments in the early years of independence.



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