GOVERNMENT OF INDIA RESPONSIBLE TO REVIEW THE DECISION OF STATE GOVERNMENT, AS RELATED TO CHARGES PERTINENT TO CESS ON THE WATER COLLECTION, EFFECTING AGAINST THE INTERESTS OF THE LAND REFORMS.

Article 168 (1) of the constitution of India provides for the representation for every state and the Legislative Assembly of a state generally elected for five years , which shall consist of a Governor and the House of the members. The main function of the Legislature is to enact laws for appropriation of money from the consolidated fund of the State. The legislature also oversees the Executive functioning of the state by virtue of the provisions of Article 164(2) which makes the Council of the Ministers collectively responsible to the Legislature. The state legislature passes laws presented in the form of Bills, which after receiving the Assent of the Governor (or the president of India, if it is reserved for his consideration and receives his assent) is notified and takes the form of an Act. Article 245 to 255 of the Constitution deal with the Legislative powers of parliament and state legislature. Under Article 245,subject to the provisions of the Constitution, the legislature of a State may make laws for the whole or any part of the state. Article 246 precisely defines jurisdiction of Parliament and the state Legislature. The seventh schedule to the Constitution contains three lists, known as:-- a) Union List. b) Concurrent List.) c) State List and where as , As per Article 246 of the Constitution, the Parliament has exclusive jurisdiction to enact on the matters enumerated in Union List and the State legislature has exclusive jurisdiction to enact on matters enumerated in the state list, in regards to the matters enumerated in the concurrent list, both the Parliament and the state legislature have power to make laws. Article 249 also empowers the Parliament to enact even in respect of matters included in the State list in the National interest and also when a Proclamation of Emergency is in operation under Article 250 .

USE AND MISUSE OF THE SECTION 144 ,BASED ON THE RTI ACT RESPONSES BY A STUDY MADE FROM THE DELHI, CO-AUTHOR ITY.

Section 144 may be used in emergency under the purview and is colloquilly associated with orders passed by the local administration prohibiting the assembly of five or more persons in one place,but in the reality the RTI responses it is found that over 6100 orders were passed under section 144 CrPC by the Delhi police during the one year period for which 5400 have been inspected under the observation thus it seems to be anecdotally as reported in the media The correct figures are not ascertained even RTI responses for the truth of management in order to prevent the public observation, annoyance,danger to human life or the safety when law found necessary to protect the deployment of the Section 144 . Usually these orders are issued to the individual concerned and is limited to two months only and it can be extended to six months in the exceptional cases .After going through the law of limitations prefixed by the law and rules in this behalf it is found in the RTI study that people involved in the cases require monitoring and evaluation of the reasoning of orders issued against the individual concerned and restrictions on the unlawful assembly that is protest march and agitation created for the demand if any however working people in the compulsory objective and duty like variety of business operation and maintenance and registeration of document must have appropriate vision and introduction in the review of reports furnished by the administration to deploy section 144 required to bring the situation under control and the entire public should not be considered under the ambit of the orders issued by the government.The Supreme court of India has passed a number of judgements emphasising that the use of section 144 should be restricted and time limited , unfortunately this does not seems to be reality on the ground and people involved in their day to day working facing problems due to unusual practice of delay in deciding the cases pending finalisation over 3 months as on expiry of law of limitations prefixed by the constitution of India in this behalf is revealed by the study of the RTI act publications issued from the Delhi under observation by the study made and created for the welfare of society and circle demanding free and fair justice from the system of governance.