Could you describe the overlapping structure in India?
Answers
In India, social differences and concepts overlap with other social differences and concepts.
Explanation:
- In an overlapping structure, a social difference or concept becomes more powerful than others.
- People become more connected to powerful social differences and feel isolated from the less powerful social difference.
- Untouchables and lower class in India is the example of the overlapping structure
- Another example is the difference between white and black.
The Constitution of India lays down a functional separation of the organs of the State. The Constitution sets out the govt formation framework. It details the "composition & role" of the various govt , namely the the "judiciary", the "legislature", & the "executive".
However, each organ in its operations appears to intervene in the work of a particular functionary, because a rigid demarcation of its roles while dealing with the "general public" is not practicable. And though they function within context of their own power, these organs are also subject to overlap
Explanation:
- The legislature exercises judicial powers in situations of violation of the Privileges, the President's dismissal and the suspension of the judges. Through nominating Chief Justice and other Judges, the President will also impact the Judiciary functioning. Legislature exercises judicial authority in the event a amending any statute and revalidating where the Court, ruled it ultra vires.
- The Legislature discharges the judiciary's responsibilities while disqualifying its representatives and firing the judges. Legislature can enforce penalties on parliamentarians for violating freedom of speech; this falls under Parliament's powers & privileges. However, it always has to be in accordance with the "appropriate process" when exercising of such a power.
- The heads of every ministry of government are representatives of the legislature and thus make the administration a part of the legislature. In whose advice the President & the Governor works are the "Council of Ministers", who are "elected members" of the legislature,.
- The executive may exercise the legislative powers conferred on the legislature under certain circumstances. Where the governor or the president, when the legislature is or is not present & is satisfied of the fact that there are circumstances requiring immediate action, an order may be promulgated. which shall have the equal "force of the Act" of the parliament or the state legislature.
- The Constitution allows the Legislature at the Center and at each State to set down laws regulating the specific processes and conduct of business in accordance with the provisions of this Constitution, by Articles 118 and Section 208. The executive exercises "law making power" under "delegated legislation", as well.
- Judicial functions are often undertaken by "tribunals" as well as other "quasi-judicial entities" that are part of the Government. Judicial roles are undertaken by administrative tribunals and are part of the Government.
- "Higher administrative tribunals" must always have a judiciary member. The higher judicial authorities are empowered to monitor the operation of subordinate tribunals. He is also a lawyer when he makes laws regulating his behavior & rules on cases disposal
However, in order to stop the unfair or capricious abuse of authority the Constitution of India includes specifically a system of checks & balance. Although the concept of the division of powers appears dilatory, it is necessary to enable such a constitutional structure to function properly & equitably.
By assigning these rights, the respective bodies shall create a system for supervision over the exercise of constitutional powers. This shows clearly that in its plan there is no rigid division of powers under the Indian Constitution.
It also imposes & confers on the 3 branches of govt distinct and overlapping powers and functions. Therefore, the roles of the three branches of govr are not completely separated
To know more
Name the three organs of the government and what are their functions
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