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PakshalAIR 8

GS2GS2

Issues with tribunals - Acquired adulcate, lack of uniformity, lack of manpower, high backlog of cases, Breakgain of Separation of Power

Open scan (p.59)

Introduction

Article 356 allows President to impose a Presidential rule in the state. It is enshrined that the Constitution at the state has been incapacitated.

24 words

Main Body

Way Forward: - Framing a National Tribunal Commission as per El Chandrika Case direction - Some bound isolated mechanism - Qualified Manpower, law student instead of discharged expert - Creating additional benches for tribunal Tribunals are important bodies as they reduce workload of courts, expedite decision and provide a forum to expand. Structural transformation and nodal mechanism need to be focused

Grounds to impose President's Rule: (1.1) By President if satisfied that State government cannot be run through provisions of Constitution (1.2) If State ignores directions of Central government about maintenance of railway & communication facilities (1.3) If governor in his report highlights material facts about breakdown of Constitutional machinery in the state

Procedure for imposition: (1) -> Governor sends a report to President about constitutional machinery (2) -> President is satisfied by report (3) -> President imposes President's rule in state under Article 356 (4) -> Parliament approves the imposition of President's rule Effects of imposition: -> The State legislature gets dissolved -> Parliament can legislate on State list subject -> The State Governor continues to exercise executive powers in hands of President

All effects of President's Rule: -> Political Vendetta - Elected Government to dissolved -> Against the principle of federalism -> AFSPA Most misused Provision Dr. Ambedkar Wanted Article 356 to remain a dead letter law we often see that this is most misused provision to take Political Vendetta and to remove an elected government

— Pakshal · AIR 8

238 words1 paragraphs

Conclusion

Tribunals are important bodies as they reduce workload of courts, expedite decision and provide a forum to expand. Structural transformation and nodal mechanism need to be focused

27 words

Diagram

Effects of President's Rule shown in text boxes with arrows indicating: Political Vendetta (Elected Government to dissolved), Against the principle of federalism, AFSPA Most misused Provision

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Topper

Pakshal

AIR 8Secretariat (based on filename)

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Tribunals

Issues and way forward

Writing Stats

289

Total words

1

Paragraphs

critical-analytical

Tone