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Company Law Board stands dissolved
Source: National Company Law Tribunal constituted
CHANDIGARH:The corporate sector in the region comprising Punjab, Haryana, Chandigarh, Himachal Pradesh and Jammu & Kashmir would not have to wait long for liquidation, amalgamation, restructuring, winding up etc, as the government has begun the process of setting up National Company Law Tribunal (NCLT) in Chandigarh, which is likely to start functioning from July this year.
Source: Chandigarh law tribunal may be functional by July
The Supreme Court on Tuesday stood by its April 28 order giving the go-ahead for the conduct of the National Eligibility-cum-Entrance Test 2016-17 in two phases for admission to undergraduate medical
Source: Supreme Court stands by April 28 order on NEET
The Supreme Court on Tuesday affirmed that a “floor test is the ultimate test” to decide who is in power, and asked the Centre to consider having a trust vote in the Uttarakhand Assembly to determine
Source: SC favours conducting Uttarakhand floor test under its supervision
Article 355 says that it is the duty of the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. So in fulfilment of this duty the Centre can take over the Government of State under Article 365 of the Constitution. This is popularly known as President’s Rule.
Article 356 of the Constitution can be invoked only if the President is satisfied that there are grounds for believing that the governance of the State cannot be carried on in accordance with the Constitution. Appropriation Bill which provides for the budget of the State. On March 18, 2016, it appears that 35 Members voted against the Appropriation Bill and 32 in favour. The proceedings of the Assembly circulated in writing establishes the charge that a division was asked for. However, despite want of division of votes it was claimed that Appropriation Bill was passed by voice vote and the bill was not presented to the governor for his assent.
This could imply following:
- The Appropriation Bill sanctioning expenditure from 1st April 2016 was not approved.
- Secondly, if the Appropriation Bill was defeated, the continuation of the Government subsequent to 18th March 2016 is unconstitutional.
The Appropriation Bill is intended to give authority to Government to incur expenditure from and out of the Consolidated Fund of India. Being a money bill, failure of its passage amounts to no confidence of the legislature on the government and the government has to resign.
This prompted the rebel MLAs and the opposition to meet the governor who sought for dismissal of government following which the governor declared the house in suspended animation and gave the CM a deadline of 28th March to prove his majority in the house.
The state was put under President’s rule on the eve of a confidence vote. The Uttrakhand High Court’s Verdict declared the imposition of President’s Rule in the State as unconstitutional, but the quick stay on its operation granted by the Supreme Court means that Harish Rawat is once again a “former Chief Minister” and President’s Rule is back in force.
Situation like those in Arunachal Pradesh, Uttarakhand etc provide an opportunity to introspect into issues like neutrality in role of constitutional offices of Speaker and Governor. Further it is pertinent that guidance provided in various Supreme Court Cases is followed in letter and spirit.