Federalism- Lt. Governor versus Delhi Government

AAP/Delhi Government passing an emergency resolution against centre order, how can we understand it constitutionally? Can u throw some light on such resolutions or such power of assembly?

Constitutionally, both Union Territories and State Government have their own jurisdictions, their governance and roles/ responsibilities. Centre has its own jurisdictions. In this case, Since Delhi being the capital of the country, there is a different arrangement in the implementation of Law and order. UT feels that centre is encroaching into its territory.

All through these years right from the freedom the setup has evolved over a period of years which has been successful so far.

When there is a different party in the centre and different party in the state, the difference of opinion exists and its quite natural. it gets resolved over a period of time and by mutual discussions.

As I look at it, they are passing resolutions asking parliament to review the recommendations of the Sarkaria Commission and the article 155 /156 to allow state legislatures to have the power to impeach governors and Lt. governors.

In my opinion, the Delhi Government doesn't seem to understand their roles and responsibilities and their jurisdictions.. Appointing Governors and Lt. Governors is a different role which they want to possess.

Sometimes, i feel the executives who have assumed post in the delhi assembly need to have more maturity in analysing things and working for the development of the people rather than analysing how to review the constitution/ amend the constitution etc. (This is my personal opinion) You should not be biased on this.

Keep referring the judgement/ news and the versions that are coming from the SMEs.

Why no Criminal Proceedings against Governor, Cognizable v/s Non Cognizable

Q) Governor, Regarding the arrest of governor- during his term of office is Governor is immune to criminal proceedings, he cannot be arrested or imprisoned. But civil proceedings can be instituted against him during his term of office by giving two months notice.

My question is Why only for civil cases, not for criminal?Even though criminal proceedings not instituted for personal acts?

COGNIZABLE V/S NON-COGNIZABLE

o   Previous conversation here: http://mentorspeak.blogspot.in/2015/03/what-are-cognizable-non-cognizable.html

o   An offence is called as cognizable, when the police officer can take 'cognizance' of the 'crime' and take further action. The further action, is most of the cases is to arrest the suspect

o   Non-cognizable means, an offence, which the police officer cannot take congnizance as an offence. He cn merely record the incident, and then report to the nearest Magistrate/judge. Then the court decides if that action amounts to a crime or not.

o   For example, when a govt servant demands a document from you, and you refsue to privide. It is an criminal offence. But, it can be taken cognizance only by a court, after hearing the details from the police.

o   Whereas, a murder is a cognizable offience, means, the police can himself/hrself come to an conclusion that its a crime and act accordingly.

CRIMINAL PROCEEDING V/S CIVIL PROCEEDING

o   The state charges a person, of an act which is deterimental to the state

o   if the dispute is between two individuals its a civil dispute!!

o   yes, state is represented by the governor, or the president. So, the governor or president can't book a case on themselves!!

o   Thats why criminal proceedinsg can't be initiated on head of the state!!

o   all the proceedings of individuals and state need not be criminal in nature!! But, all criminal proceeisngs are always bwteeen state and the individual!!

o   Criminal proceedings are subset of big set between govt and individuals!

FIR v/s Chargesheet

o   First information report, is when the police records any communication made to them on occurance of an offence.

o   Charge sheet is a formal complaint on the crime committed filed by the police before the court.

Who fills the absence of governor?

With respect governor, who will fill the absence of him?

There needs to be no one to always fill a short absence of the Governor. If the SEAT of the Governor falls vacant then the Governor of another state would be given additional charge in the intermediate time until a new Governor is appointed