LegumVox

CONSTITUTIONAL ISSUES

The Constitution of India is the Supreme Law of India at present there are 448 articles in 25 parts, 12 schedules,5 appendices and 101 amendments in the Indian Constitution. Initially in 1949, the Constitution had 395 articles. But many have come into play and we total have now 469 articles. Two major problems faced by the committee. First there was a fear of the National Government with too much power. Second was the fear that some states would have more power in the new government than the other states. The committee chose to set up a weak national government with limited power. 

Now we all know that the Indian Constitution is one of the lengthiest Constitution in the world. Talking about the fact what is wrong with Indian Polity, it is that many laws that were made at the time of British rule are still valid in our Constitution. Yes, the laws that were made nearly a decade ago, the laws that are obsolete, are still valid and applicable, according to our Constitution. The British Government made a number of legislations to run the country as per their convenience. The main objectives behind all such legislations were to exploit the resources of India and to stop the rebellions from protesting against such open loot of resources. 
Here are some laws that are prevalent since the time of British rule:
  1. Khakee Dressing: Officially, Sir Harry Bernet is found to be behind the idea of introducing a Khakee colour of dressing which is still prevalent since 1847. The word ‘Khaak’ means dust, soil an ash which means that the one who wears the Khakee uniform stakes his life and brave enough to turn to ashes while performing his duty. It is a well known fact that the colour of Indian Police forces is still found to be Khakee.
  2. Left Handed Traffic Arrangement: British started this system in 1800 in India. As per this system of transport, we still drive and walk at the left hand of the road. Though contrary to this, other countries of the world follows the right hand side rule on the road. The left handed transport system is prevalent in only few countries of the world including India. In America, the vehicles are driven at the right side and the driving steering is at the left side of the vehicle. Though, in India the same system of Left handed transport services is still continuing as it used to be during British rule.
  3. Salt Cess Act, 1953: One must remember the Salt Satyagraha. Though his Satyagraha was against the Salt tax, however you may be surprised to know that even today, the Salt is taxed based on the ‘Salt Cess Tax Act of 1953’. This tax is imposed as a sub-tax for meeting a special administrative expenditure. It is imposed at a rate of 14 paisa/40 Kg. This tax is imposed on the private or State owned salt factories. In the year 2013-2014, with the help of this law, the Government could obtained about $ 538,000 which was just half of the expenditure incurred on collecting this tax. Due to high expenditure on collecting it, a Committee was established to look into the feasibility of continuing with this tax, however they could not reach a decision on this. In India, salt industry provides employment to abut 800 individuals. In India, about 92% salt production is in private hands.
  4. Indian Evidence Act, 1872: This Act was passed by the British Government in 1872. It is applicable on all the proceedings of the law including court marshal. Though it is not valid on arbitration. This Act elaborates upon the items that can be used as evidences and to be informed to the court of law in advance. Therefore, this Act is playing an important role in various legislations even after 144 years of its implementation though may be in amended forms.
  5. Income Tax Act,1961: On the basis of this act, income tax is imposed in India. This act gives directions about levying tax, collection and its basic structure. Though the Government had planned to remove this Act along with the Wealth Tax Act, 1957 by bringing in the Direct Tax Code, however after the removal of Wealth Tax it is not reverted back.
  6. Section 13-A of this Income Tax Act, 1961 is most disputed across the country. This Act talks about levying income tax on the income of political parties Also. Any party which accepts the donation of more than 10,000 from an individual or a society will have to disclose the source of its income. However, all the Political Parties claim that they received all the donations of less than Rs. 10,000/- per person.
  7. The Transfer of Property Act 1882: Property Transfer Act, 1882 is an Indian Legislation which controls the transfer of Property. Implemented on July 1, 1882, the Property Transfer Act contains many special provisions and conditions with regard to transfer of property. According to this Act, Transfer of Property means giving property to one or more individual or to oneself. Transfer of Property can be done at present or future. Under the Act, any kind of property be transferred which may include immovable property.
These are some of the laws and regulations that need to be updated with time but instead they are still used by the definition they were defined with a century ago. We must realize that the laws become obsolete with time. They hamper the growth and development of the nation as a whole, because change in society with time makes those old laws inapplicable to the current scenarios, which creates loopholes in the Constitution. And it is because of these loopholes that people are able to exploit the conditions in their favour.
Constitutional crises may arise from conflicts between different branches of government, conflicts between central and local governments, or simply conflicts among various factions within society. In the course of government, the crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution; or to flout an unwritten constitutional convention; or to dispute the correct, legal interpretation of the violated constitutional law or of the flouted political custom. This was demonstrated by the so-called XYZ Affair, which involved the bribery of French officials by a contingent of American commissioners who were sent to preserve peace between France and the United States. The incident was published in the American press and created a foreign policy crisis, which precipitated the passage of the Alien and Sedition Acts. Opposition to these acts in the form of the Virginia and Kentucky Resolutions cited that they violated freedom of speech and exhorted states to refuse their enforcement since they violated the Constitution. Moreover, if the crisis arises because the constitution is legally ambiguous, the ultimate politico-legal resolution usually establishes the legal precedent to resolve future crises of constitutional administration. Such was the case in the United States presidential succession of John Tyler, which established that a successor to the presidency assumes the office without any limitation. Politically, a constitutional crisis can lead to administrative paralysis and eventual collapse of the government, the loss of political legitimacy, or to civil war. A constitutional crisis is distinct from a rebellion, which occurs when political factions outside a government challenge the government’s sovereignty, as in a coup d’état or a revolution led by the military or by civilians.

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