At the agendas, at the detriment of Singapore issue of developing countries' unreformed.
So reforms needed:
1Consensus based reform of Doha & Singapore game of agriculture (e.g) leaving extended price clause measure demystify subsidy (Articles box)
2Facilitate dispute resolving appellate body
3Removal of old tariff lines for developed nations
4Cur subsidies & fineries by China, USA
5TRIPS reform Art.& to allow for compulsory licensing of patent is health emergency
6GATs reform to open service sector in time apart
Supreme Court in Keshvananda Bharati case gave the concept of Basic Structure Doctrine (BSD) as fundamental customs on which our Constitution lies.
How BSD acts compels to balance parliamentary authority & constitutional supremacy:
1Parliament amending power under Art.368 is subject to BSD (e.g) Court in Minerva will object 42nd amendment to harmonise fundamental right & DRSP
2Parliament's ability to intervene in judiciary & constitutionally mandated judicial independence - Supreme Court need will void the NJAC Act/2014 post 99th CAA.
3Parliament intervention in federalism & federal scheme by Constitution (e.g) cover-up void of 10th amendment in Comparative to doctrine of severability
4BSD as Congress's used by judiciary to measure the Constitutional direction in the congress (e.g) W.A.MINN.ECO - 1975 as caffeine line for BSD applying.
5Supreme Court led decision of various countries as BSD to check parliamentary sovereignty.
Art.368 Formulas - Socialism, Secularism as BSD
Indira Nehru v/s Raj Holcine — only constitutional amendment of permanent is subject to BSD, not statutes
However BSD has an limitations:
1They are not clearly defined in Constitution, thus no constitutional team at all.
2Judiciary gets as gatekeeper & is sometimes generalised in deciding BSD an early case basis.
3May fortalise the Constitution: defining of mandate authorities - some teams became unneccessary after time, so parliament need to legislate.
4Judicial tyranny: In name of BSD, there one vague & opaque Collegiate system (e.g) recent value justice venue last been even
However, BSD is significant for our democracy
1They are not clearly defined in Constitution, thus no constitutional team at all.
2Judiciary gets as gatekeeper & is sometimes generalised in deciding BSD an early case basis.
3May fortalise the Constitution: defining of mandate authorities - some teams became unneccessary after time, so parliament need to legislate.
4Judicial tyranny: In name of BSD, there one vague & opaque Collegiate system (eg) recent value justice venue last been even
However, BSD is significant for our democracy:
1Protect basic tenets like secularism, rule of law.
2Ensure constitutive supremacy & protect fundamental rights.
3Promote rule based, vibrant democracy & democrative
74th Constitutional amendment gave the devolution concept in urban local bodies with mandate to 18 functions under 12th Schedules
ULBs as pivotal to inclusive & efficient level governance:
1Plan for governance under As.243 ZD, ZE is district planning committee, municipal planning committee, new years
2Effective delivery of government scheme: varying property vills & demand driven for schemes (e.g) Mandis & agglomerate
3Implement to prevent, by ward Committee led censuring on 2014.
However, they remain fiscally dominated:
1Very meagre source from Finance Commission under (Art.280) - 1:85 lakh crore - Tied grants to issue feasibility
2Dependency on Centre & states - @87, at expenditure
3Ow resource generating very weak - this taxing ability in professions, stamp appeal vehicle & on lay laws (poor incentive of colleges)
4Institutionally weakm - extreme control by government - SFC, SCC
Are not appointed under As.243 II.
Phasaral bodies hamper less potential
No perception in corporates, SHS, & PPP
States have not devolved 18 functions
In Governor's Tamilnadu v/s State of Tamilnadu, Supreme Court ultimately set the line limit for construing the decisions under Articles & Art 201, there uphold constitutional prestige of 'people' sovereignty in Indian democracy.
Judiciary led evolution of reforms with respect to Gubernatorial positions:
1Governor acting as an aid of council of ministers: Shanthes Singh case to his Correct the discretion confusion under As.164
2Governor role under President rule are under judicial servers (e.g) foremost power case (As.251)
Judiciary led evolution of reforms with respect to Gubernatorial positions:
1Governor acting as an aid of council))
— GAURAV KUMAR · AIR 377