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1
Crepelle, Adam. "White Tape and Indian Wards: Removing the Federal Bureaucracy to Empower Tribal Economies and Self-Government." University of Michigan Journal of Law Reform, no. 54.3 (2021): 563. http://dx.doi.org/10.36646/mjlr.54.3.white.
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American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources. This Article asserts the federal regulatory “white tape” is unconstitutional. By focusing on restraints upon trust land and Indian trader laws, this Article demonstrates that contemporary federal regulations impeding tribal economic development are based upon flagrantly racist ideas. This Article explores the unique relationship between Indians and the Constitution and concludes that restrictions on tribal trust land and Indian trader laws should be subjected to strict scrutiny rather than the usual rational basis review applied to legislation relating to Indians. These regulations cannot survive strict scrutiny. Once tribes are liberated from these antiquated regulations, this Article proposes that tribes be able to craft their own land use and economic policies without federal approval.
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Shoemaker, Jessica. "Complexity's Shadow: American Indian Property, Sovereignty, and the Future." Michigan Law Review, no. 115.4 (2017): 487. http://dx.doi.org/10.36644/mlr.115.4.complexity.
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This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian land tenure and explores in particular how the recent trend of hypercategorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian country. This structural complexity serves no adequate purpose for Indian landowners or Indian nations and, instead, creates perverse incentives to grow the federal oversight role. Complexity begets complexity, and this has created a self-perpetuating and inefficient cycle of federal control. Stepping back and reviewing Indian land tenure in its entirety—as a whole complex, dynamic, and ultimately adaptable system—allows the introduction of new, and potentially fruitful, management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This Article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for more radical, reservation-by-reservation transformations of local property systems into the future.
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Walls, Martha E. "“[T]he teacher that cannot understand their language should not be allowed”: Colonialism, Resistance, and Female Mi’kmaw Teachers in New Brunswick Day Schools, 1900–1923." Journal of the Canadian Historical Association 22, no. 1 (April 27, 2012): 35–67. http://dx.doi.org/10.7202/1008957ar.
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Between 1903 and 1923, sisters Mary, Rebecca, Martha, Margaret, and Alma Isaacs and Rita Gédéon, left their homes in Restigouche, Quebec, to teach in federal Indian day schools on New Brunswick Indian Reserves. As Mi’kmaw women, their “Indian” status not only made them anomalies in a federal day school system that only rarely and reluctantly hired “Indians” as teachers, it also placed them in complicated positions on the frontline of Canada’s colonialist project. Tasked with imparting to Mi’kmaw students an array of assimilatory messages both within and outside of the classroom, these six teachers bolstered Canada’s colonialist agenda. In other ways, however, the women used their positions in federal schools to undermine this same colonial agenda. By insisting on the use of the Mi’kmaw language in their classrooms, and by challenging the directives of federal officials and government protocol, the Isaacs sisters and Rita Gédéon remind us of the complex and competing motives, intentions and relationships that shaped Canadian colonialism and reveal that Aboriginal women were involved in ways rarely considered.
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Hagan, William T., Petra T. Shattuck, and Jill Norgren. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." Journal of American History 79, no. 4 (March 1993): 1606. http://dx.doi.org/10.2307/2080263.
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Hoxie, Frederick E., Petra T. Shattuck, and Jill Norgren. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." American Journal of Legal History 37, no. 3 (July 1993): 383. http://dx.doi.org/10.2307/845674.
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Lynch, Robert N., Petra T. Shattuck, and Jill Norgen. "Partial Justice: Federal Indian Law in a Liberal Constitutional System." American Indian Quarterly 18, no. 3 (1994): 412. http://dx.doi.org/10.2307/1184750.
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Barron, Nicholas. "Ideology, Agency, and the Federal Acknowledgement Process." NEXUS: The Canadian Student Journal of Anthropology 22 (November 11, 2014): 32–43. http://dx.doi.org/10.15173/nexus.v22i1.9.
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In June of 2013, the Assistant Secretary-Indian Affairs, Kevin Washburn, began holding tribal consultations in an attempt to reform the Federal Acknowledgement Process (FAP) with the input of recognized and unrecognized indigenous peoples. Between June and September of 2013, unacknowledged Californian Indian groups, including the Amah Mustun Tribal Band of Ohlone/Costanoan Indians (Amah Mutsun), the Ohlone/Costanoan Esselen Nation (Esselen), and the Muwekma Ohlone Indian Tribe (Muwekma), submitted separate letters in an attempt to voice their concerns and recommendations. This situation offers a useful case study for anthropologists attempting to study the role of ideology within the context of federal recognition. Using Phil Abrams theorization of the state as a historically determined and processual formation in conjunction with Louis Althusser’s discussion of ideology and Sherry Ortner’s conceptualization of agency, I discursively analyze each comment letter with special attention paid to discourses of history. With this approach, I make three interrelated arguments. First, the FAP is an inherently contradictory ideological project of the state that produces a paradoxical narrative of indigenous history. Second, the historical narratives within these letters reflect an incomplete and contested process of interpellation that seeks to reify state power through the reproduction of hegemonic ideas. Third, these historical discourses reflect the different political strategies of representation that unacknowledged peoples formulate to contest the process of interpellation as they navigate a paradoxical state ideology. Ultimately, these conclusions point towards the incomplete, dialectical, and contested nature of state ideology within the system of federal recognition.
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Jha, Prakash Chandra. "Current Trends and Issues in Indian Federalism." Indian Journal of Public Administration 65, no. 2 (June 2019): 377–89. http://dx.doi.org/10.1177/0019556119844591.
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The article examines the recent trends and issues in Indian federalism. The federal system has become transformedy in the last seven decades—from being dismissed as a full-fledged federal system to a widely acclaimed federal system in the world. Simply put, Indian federalism has become more meaningful and functional post-liberalisation. The article has examined this turnaround. From a subordinate position till the late 1980s, states rose to occupy a strategic position in India’s move from a command economy to a market economy. No wonder, therefore, the Centre became more interested in involving states in even forbidden area such as foreign policy matters. Divisive politics in several states today is being replaced by developmental politics. States are not only competing but also learning from each other. States are being seen by the Centre as drivers of India’s growth.
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Kruse, Gina, Victor A. Lopez-Carmen, Anpotowin Jensen, Lakotah Hardie, and Thomas D. Sequist. "The Indian Health Service and American Indian/Alaska Native Health Outcomes." Annual Review of Public Health 43, no. 1 (April 5, 2022): 559–76. http://dx.doi.org/10.1146/annurev-publhealth-052620-103633.
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The Indian Health Service (IHS) has made huge strides in narrowing health disparities between American Indian and Alaska Native (AI/AN) populations and other racial and ethnic groups. Yet, health disparities experienced by AI/AN people persist, with deep historical roots combined with present-day challenges. Here we review the history of the IHS from colonization to the present-day system, highlight persistent disparities in AI/AN health and health care, and discuss six key present-day challenges: inadequate funding, limited human resources, challenges associated with transitioning services from federal to Tribal control through contracting and compacting, evolving federal and state programs, the need for culturally sensitive services, and the promise and challenges of health technology.
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Singh, Vinai Kumar. "INTERNATIONAL TREATIES AND THE INDIAN LEGAL SYSTEM: NEW WAYS AHEAD." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 63–81. http://dx.doi.org/10.1163/22116133-90000158a.
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This article analyses the provisions of the Indian Constitution and federal laws, which give mandate to the Parliament and the Executive to enter into and give effect to international treaties. It will be underlined, in particular, that Indian practice is characterised by a certain ambiguity, which is ultimately caused by a lack of coordination between the Indian Legislature, Executive and Judiciary. The paper argues for a coherent and aligned approach amongst the various branches of government in relation to international law, and in particular treaty law. To this end, it will conclude by analysing the measures recently suggested by the Parliamentary Standing Committee Report, which would rectify the legal inconsistencies in Indian law related to the treatment of International Treaties.
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Pandey, Alok Kumar. "Does Causation hold for Panel Data in between SDP and NTR among Indian States?" Journal of Global Economy 10, no. 1 (March 27, 2014): 3–15. http://dx.doi.org/10.1956/jge.v10i1.333.
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Inadequate revenue sources, uncontrolled growth of current expenditures and failure of central transfers to grow as fast as the states ‘own revenues’ have been the major sources of fiscal imbalance at states level. The existence of nexus in between NTR and SDP can be examined in several ways like growth rates relating to SDP and NTR, proportion of NTR to SDP, several policies relating to accelerate SDP and NTR, etc. So far as inter-state non-tax revenue and state domestic product in India is concerned, limited studies have been done. Present study tries to explore the stationarity and cointigration between Non Tax Revenue and State Domestic Product of twenty major states of Indian federal system in panel data structure for the period 1980-81 to 2011-12.The objectives of the study are: to test the panel stationary of Domestic Production and Non Tax Revenue of the major states of the Indian federal system for the period 1980-81 to 2011-12 in terms of total and growth rate and to test the panel cointegration in between SDP and NTR for the Indian federal system of twenty major states state for the period 1980-81 to 2011-12 in terms of total and growth rate. In the present study data has been taken from Handbook of Statistics on Indian Economy and State Finance for twenty major states; Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Nagaland, Orissa, Punjab, Rajasthan, Tamil Nadu, Tripura and Uttar Pradesh (Handbook of Statistics on Indian Economy 2011-12).In the present study, LLC (2002) and IPS (2003) tests of stationarity have been used. Kao (1999) test of panel cointegration shows that the SDP and NTR and NTR and SDP for the twenty states for the period under study are cointegrable. The results of the study suggest that state domestic product of the states are causing the non tax revenue of the states and the non tax revenue of the states are also causing state domestic product of the states for Indian federal system.
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Kaushal, Nandita. "Constitutional and Practical Facets of Discretionary Powers of Governors in Indian Federal System." Dynamics of Public Administration 34, no. 2 (2017): 197. http://dx.doi.org/10.5958/0976-0733.2017.00016.5.
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Whalen, Kevin. "Indian School, Company Town." Pacific Historical Review 86, no. 2 (May 1, 2017): 290–321. http://dx.doi.org/10.1525/phr.2017.86.2.290.
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During the early twentieth century, administrators at Sherman Institute, a federal Indian boarding school in Riverside, California, sent hundreds of students to work at Fontana Farms, a Southern California mega-ranch. Such work, they argued, would inculcate students with values of thrift and hard work, making them more like white, Protestant Americans. At Fontana, students faced low pay, racial discrimination, and difficult working conditions. Yet, when wage labor proved scarce on home reservations, many engaged the outing system with alacrity. In doing so, they moved beyond the spatial boundaries of the boarding school as historians have imagined it, and they used a program designed to erase native identities in order to carry their cultures forward into the twentieth century.
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Brinkhurst, Marena, Joan Philip, and Murray B. Rutherford. "Land Management On Individually Held Lands Under The Indian Act Reserve Land Tenure System: Experiences from the Penticton Indian Band." Journal of Aboriginal Economic Development 8, no. 2 (January 1, 2013): 40–54. http://dx.doi.org/10.29173/jaed332.
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This paper is based on case study research with the Penticton Indian Band (PIB) that examined the land management implications of individual landholdings (Certificates of Possession, CPs) on First Nations reserves under the Indian Act, both historically and today. We summarize the history of the landholdings system on PIB's main reserve and report on how CPs impact PIB's contemporary local land management. We also discuss PIB's efforts to adapt its land tenure and management systems locally while continuing to operate within the overall land management framework of the Indian Act; efforts that make PIB's experiences particularly interesting for other First Nations and their land managers, federal officials and policy makers, and researchers. Our objective in this paper is to complement and broaden existing research on CPs by focusing on land management challenges from PIB's experiences.
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EesmaelNajmadinZangana, Dr. "Constitutional and legal regulation to make territorial adjustments in the federal stateComparative study in the Indian and Iraqi federal system." IOSR Journal of Humanities and Social Science 22, no. 05 (May 2017): 86–90. http://dx.doi.org/10.9790/0837-2205078690.
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Tani, Karen M. "States' Rights, Welfare Rights, and the “Indian Problem”: Negotiating Citizenship and Sovereignty, 1935–1954." Law and History Review 33, no. 1 (December 10, 2014): 1–40. http://dx.doi.org/10.1017/s073824801400056x.
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“What distinguishes the American Indians from other native groups is . . . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races.”Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior (1942)“[T]he objective of Congress is to make the Indians self-supporting and into good individual American citizens . . . . You cannot have a good American citizen . . . unless you have a good citizen of the State.”United States Representative Antonio M. Fernández (D., New Mexico) (1949)“While all this red tape is being untangled, one in need dies without assistance.”David A. Johnson, Sr., Governor and Chairman of the Gila River Pima-Maricopa Indian Community (1949)These three quotations come from a period in modern American history often remembered for economic depression and war, but perhaps most remarkable for the accompanying changes in governance. Building on Progressive Era innovations, America's federal system became ever more “cooperative”— that is, marked by intricate federal-state personnel and revenue sharing. Meanwhile, Americans witnessed the steady expansion of central state authority. By the 1940s, neither the states nor the federal government enjoyed many areas of exclusive jurisdiction. The federal and state governments' relationships with their subjects were similarly in flux, and the stakes were high. As a result of New Deal social welfare programs, as well as numerous war-related measures, the benefits of state and national citizenship had expanded by the late 1940s. The burdens of citizenship had expanded, too, in the form of higher and broader taxation, compulsory military service, and more government oversight. The stage was set for fierce conflicts over the borders of the nation's political communities and the terms of belonging.
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Datta, Prabhat Kumar, and Inderjeet Singh Sodhi. "The Rise of the Panchayati Raj Institutions as the Third Tier in Indian Federalism: Where the Shoe Pinches." Indian Journal of Public Administration 67, no. 1 (March 2021): 9–26. http://dx.doi.org/10.1177/00195561211005569.
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The idea of forming a two-tier federal structure in India gathered considerable momentum after the Indian National Congress and the Muslim League came together through a Pact in 1916. But the concept of the third tier which was mooted in the Constituent Assembly through the incorporation of panchayats in the Directive Principles of State Policy after detailed deliberation began receiving attention after the 73rd Amendment of the Constitution in 1992 which coincided with the paradigmatic shift in the policy of the Indian State. This Act signified in clear terms the intention of the State to strengthen the process of third tier federalism in India. This article seeks to critically examine the process of evolution of Panchayati Raj Institutions (PRIs) as a new tier in the Indian federal system, excluding the Fifth and Sixth Scheduled Areas. An attempt has also been made to analyse despite constitutionalisation of PRIs where the shoe still pinches and wherein lies the ray of hope.
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Muench, Stephen T., Amit Armstrong, and Brian Allen. "Sustainable Roadway Design and Construction in Federal Lands Highway Program." Transportation Research Record: Journal of the Transportation Research Board 2271, no. 1 (January 2012): 19–30. http://dx.doi.org/10.3141/2271-03.
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The Federal Lands Highway (FLH) Program is a $1 billion annual program administered by FHWA. The program provides financial resources and technical assistance for public roads that give access to a variety of federal and Indian lands, including those administered by the National Park Service, U.S. Department of Agriculture Forest Service, U.S. Fish and Wildlife Service, and Bureau of Indian Affairs. Much of this work is dedicated to the design and construction of roadway projects, which must incorporate the strategic sustainability values of these agencies and FHWA. This paper identifies key FLH sustainability values and uses the Greenroads rating system taxonomy and Greenroads scores on seven case study projects to draw conclusions about FLH project-level sustainability practices. Findings are that (a) projects scored in the 21- to 26-point range and none achieved certification, (b) 14 identifiable sustainability practices are well integrated into project delivery, (c) 12 practices can be considered potential areas of improvement for little additional effort, and (d) 15 practices could be considered priorities based on FHWA and partner agency values.
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O'Brien, Sharon. ": Partial Justice: Federal Indian Law in a Liberal Constitutional System . Petra T. Shattuck, Jill Norgren." American Anthropologist 95, no. 2 (June 1993): 506–7. http://dx.doi.org/10.1525/aa.1993.95.2.02a00730.
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Jenkins, Rob. "How Federalism Influences India's Domestic Politics of WTO Engagement (And Is Itself Affected in the Process)." Asian Survey 43, no. 4 (July 2003): 598–621. http://dx.doi.org/10.1525/as.2003.43.4.598.
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India's federal system has significantly influenced the way in which domestic political forces have reacted to the "multilateralization" (via World Trade Organization agreements) of key areas of policymaking, particularly agriculture. State-level politicians tend to view World Trade Organization-related matters through regional lenses. In the process, Indian federalism itself has been subjected to certain, sometimes contradictory, changes.
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Mahsyar, Ahmad Dhiyaul Haq, and Hasaruddin. "KEMUNCULAN ISLAM DI PAKISTAN DAN PEMIKIRAN POLITIK MUHAMMAD ALI JINNAH." SHOUTIKA 2, no. 2 (December 28, 2022): 31–43. http://dx.doi.org/10.46870/jkpi.v2i2.333.
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This research uses qualitative research methods with the type of literature study research. The data collection technique uses Library Research and the technique uses to analyze data is text content analysis. Tne emergence of Islam began to spread in Pakistan when the Umayyah Dynasty government expanded into the Sindi/Punjab area led by Mahmud Ghaznawi. As time went on, Hindus did not like the development of Islam. For this reaseon, the Indian Muslim League, which was initiated bu Muhammad Ali Jinnah, serves to establish an Islamic State that is different and free from Indian influence. The most prominent idea of renewal is in political sphere. Ali Jinnah did not like the British system of government. Finnaly, Ali Jinnah’s resolve was discussed in Lahore in 1940. Ali Jinnah has worked to fight for rights for Muslims as there is a third of the Muslim representation that exists in the League’s Federal Cabinet. He also succeeded in establishing the state of Pakistan as a result of his approach to the British constitutional council devoted to Indians who are Muslim.
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Bernholz, Charles D. "American Indian treaties and the lower federal courts: A guide to treaty citations from opinions of the lower United States federal court system." Government Information Quarterly 24, no. 2 (April 2007): 443–69. http://dx.doi.org/10.1016/j.giq.2006.06.007.
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Das, Pintu. "India's evolving tax system: its successes and challenges." RESEARCH REVIEW International Journal of Multidisciplinary 7, no. 7 (July 15, 2022): 118–24. http://dx.doi.org/10.31305/rrijm.2022.v07.i07.016.
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The goal of this study is to critically investigate several facets of India's tax structure. Every person of the country is responsible for paying taxes. The taxation system determines the economic power of a country. Our federal tax system is divided into three levels, the Union Government, the State Governments and the Local Bodies. As the author points out, despite the fact that the Constitution clearly divides taxing authority between the national government and the state government, due to the prevalence of several types of taxes, the Indian tax system has been exceedingly complex. Various tax compliance regulations and rules, tax administration is incompetent, and several other issues. Aside from reviewing the existing literature on the subject, the purpose of this research is to track the evolution of the Indian tax system through three different periods such as taxes in ancient India, taxes during post independent India, and taxes after independent India. Although Lists 1 and 2 of the Seventh Schedule of the Indian Constitution clearly define the Union government's and states' taxing powers, these original tax provisions have undergone a number of revisions over the years as a result of essential constitutional amendments. This research article also makes an attempt to provide a description of direct taxes; together with ‘Income tax’, ‘Corporation tax’, ‘Wealth tax’, ‘Gift tax’, ‘Estate duty’, and ‘other taxes on capital and property’, and indirect taxes for example ‘Customs duties’, ‘Excise duties’, ‘Sales tax’, ‘Service tax’, ‘Value added tax (VAT)’, and ‘Goods and services tax (GST)’. Finally, the research paper discusses some of the most pressing difficulties and obstacles. According to Bird (1993), ‘Fiscal crisis has been proven to be the mother of tax reform’. However, such reforms are frequently impromptu and undertaken to fulfil instant revenue needs. In most instances, such reforms are not in the nature of systemic improvements to increase the tax system's long-term productivity. The evolution of a tax system to satisfy the needs of international competition has been one of the most fundamental reasons for recent tax reforms in many emerging and transitional countries (Rao 1992). The shift from a mostly centrally planned development strategy to market-based resource allocation has altered public perceptions of the state's role in development. The transition from a public to a private sector, heavy industry reigned supreme, the shift from an import-substituting industrialization approach to one based on market signals has prompted fundamental reforms in the tax system. In an open, export-driven economy, the tax system should not only raise the required funds for social and physical infrastructure, but it should also reduce distortions. As a result, to maintain worldwide competitiveness, the tax system must adapt to the needs of a market economy. When the right approaches are followed, revenue remains stable and growth in our economy is managed. Any tax that is not backed by law or exceeds the legislative authority's powers is unconstitutional. In 1994, this authority became the basis for levying a tax on some services, and the 88th Amendment to the Indian Constitution gave the federal government the ability to tax services. The internationalisation of economic operations as a result of increased globalisation gave another reason for reform. In light of the recent shift to introduce GST, this article examines the structure of the Indian tax system, its constitutional framework, and current system modifications.
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Singh, Nirvikar. "Federal Dimensions of India's Response to the Covid Pandemic." Indian Public Policy Review 4, no. 1 (Jan-Feb) (February 2, 2023): 27–48. http://dx.doi.org/10.55763/ippr.2023.04.01.002.
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This paper examines India’s responses to the Covid-19 pandemic, from the perspective of its federal structures. It first summarizes different institutional components of India’s federal system. Next, it outlines the responses to the pandemic, both over time, and across different levels of government. The main contribution of the paper is a new evaluation of the federal dimensions of India’s governmental responses at different levels. It is argued that, while the national government did well in some respects, and there was considerable coordination across levels of government, there were key failures, both in the manner of the initial abrupt and drastic national lockdown in March 2020, and in the lack of preparation and national response to the deadlier second wave of the pandemic in 2021. By contrast, subnational governments, both state and local, did better than might have been expected, especially in the face of limited resources and information. It is argued that India’s pandemic experience contradicts the “flailing state” idea that was devised to explain the country’s governmental performance in recent decades. The paper also questions the applicability of the concept of “cooperative federalism” to the Indian case. It argues that India’s federal system proved quite resilient, but can be made more effective by strengthening capacity at the local level.
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Jakhar, Dr Monika. "UNVEILING THE ROLE OF CULTURAL DIVERSITY IN INDIAN MODERN POLITICS." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 11, no. 1 (April 30, 2020): 1074–79. http://dx.doi.org/10.61841/turcomat.v11i1.14343.
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This study encompasses the full analysis of the widespread importance of cultural diversity in Indian contemporary politics. The intricate interplay between India's rich tapestry of cultures and its democratic political landscape is analyzed, highlighting the profound influence of diverse ethnicities, religions, and customs. From historical foundations to modern dynamics, the abstract digs into how cultural variety impacts policies, governance systems, and the democratic spirit itself. The representation of various groups in decision-making processes, the ideological landscape of political parties, and the federal structure of the political system are considered as major features of this effect. The abstract also touches upon the challenges and opportunities posed by cultural diversity, acknowledging its role in social movements and political activism. Ultimately, it underscores how India's commitment to democracy is inseparable from its celebration and recognition of cultural differences, emphasizing that the integration of diversity into the political discourse is a source of strength that defines the nation in the 21st century.
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Nash, Margaret A. "Entangled Pasts: Land-Grant Colleges and American Indian Dispossession." History of Education Quarterly 59, no. 4 (October 29, 2019): 437–67. http://dx.doi.org/10.1017/heq.2019.31.
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Land-grant colleges were created in the mid-nineteenth century when the federal government sold off public lands and allowed states to use that money to create colleges. The land that was sold to support colleges was available because of a deliberate project to dispossess American Indians of land they inhabited. By encouraging westward migration, touting the “civilizing” influence of education, emphasizing agricultural and scientific education to establish international strength, and erasing Native rights and history, the land-grant colleges can be seen as an element of settler colonialism. Native American dispossession was not merely an unfortunate by-product of the establishment of land-grant colleges; rather, the colleges exist only because of a state-sponsored system of Native dispossession.
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Bitoliya, Shruti. "Article 365 of the Indian Constitution: Boon or a Curse for the Federal Setup?" Eudaimonia 6, no. 2 (December 1, 2022): 37–54. http://dx.doi.org/10.51204/ivrs_22202a.
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The Constitution of India follows a federal setup. There are clearly elaborated roles, when it comes to the legislative powers of the Central and state governments, which have been stated in the seventh schedule of the Constitution. Article 356 is a device through which, in exceptional and emergency circumstances, the Central government can take over the legislative and executive roles of a state government for a limited time. In India, there exists a multi-party system and there are different parties in states and center. The abuse of Article 356 by the political party at the center is not a shocking event and instances of the same have been observed at various times in India. Because of the ambiguity and subjectivity of the language of the said Article, the misuse becomes possible. This work is a doctrinal research based on case analysis of the Supreme Court of India about the said misuse.
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Kozhina, Tatyana N., and Alexander V. Petukhov. "WESTMINSTER MODEL OF THE PARLIAMENTARY SYSTEM AND HISTORICAL FORMS OF ITS FEDERALIZATION." Oeconomia et Jus, no. 2 (June 28, 2022): 73–81. http://dx.doi.org/10.47026/2499-9636-2022-2-73-81.
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The article analyzes the historical transformation of the classical model of parliamentarism in the political systems of federal states of the republican form of government at the present stage of development and reveals the features of its functioning. In legal regulation, the mechanism of representative democracy today has varieties. The oldest, time-tested institution is the classical institution of parliamentarism of the Westminster system. But it has also undergone significant changes in connection with its use in states with a federal structure. The objects of the study are the historical forms of representative democracy in the federal states of the British Commonwealth (Canada, the Commonwealth of Australia and the Indian Union), the subject is the institution of the legislative power of the classical type and the forms of its transformation. The relevance of the topic is due to the search for optimal ways for various states to improve the legislative power in the system of separation of powers, the choice of the most effective legal means and methods of functioning of the parliamentary system. For the Russian Federation, despite the differences between the model of legislative power and the classical one, discussions about the political and legal composition of the legislative power are very important, this was noted by researchers when the constitutional reform of the Russian Federation in 2020 was being developed. Research methods are based on the principles of the dialectical approach, including deductive analysis from the standpoint of a formal legal definition of specific historical and legal facts. An important place is occupied by the method of diachronic and synchronous comparison in identifying the general and specific characteristics in the parliamentary systems of federal states, as well as the method of typology, that is, their comparison with the classical model. Based on the study of factual data and analytical studies, common features of the functioning of the legislative power in federal states that adopted the classical model of representative democracy have been identified. The work features of this system in connection with changes in political processes are indicated, the features of the manifestation of the crisis are revealed. Institutional and legal changes are identified in the course of solving current problems related to the distribution of functions of the upper and lower houses of parliament in the legislative process and the implementation of the procedure for monitoring the activities of the executive branch.
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K, VIJAYA KUMAR, and JAHAMGEER C. "A comparative study of indian gst with canada model." Journal of Management and Science 7, no. 2 (June 30, 2017): 254–58. http://dx.doi.org/10.26524/jms.2017.34.
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The newly implemented Goods and Service Tax (GST) system of India willbring 'One Nation One Tax' to unite the existing Indirect Taxes under one umbrella. Theimportant motive of the government to enact the GST was to make our business Globallycompetitive, Efficient Tax collection, Easy inter-state movement of goods, Reduction in thecorruption, Removing of cascading effect of tax, Higher threshold for registration, Onlinesimpler procedures etc.. Goods and service tax is taking India by the storm. India has chosenthe Canadian model of dual GST. France was the first country to implement GST to reducetax-evasion. Since then, more than 140 countries have implemented GST with some countrieshaving Dual-GST, for example Brazil and Canada. India has chosen the Canadian model ofdual GST as it has a federal structure where the Centre and states have the powers to levy andcollect taxes. This paper especially focused on Comparative Study of Indian GST withCanada Model.
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Escobedo, Diana. "Native American Boarding School Policy." Toro Historical Review 11, no. 1 (October 20, 2021): 1–21. http://dx.doi.org/10.46787/tthr.v11i1.2576.
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This study examines how anti-Catholic sentiment, and nativist views during the nineteenth century influenced Progressive policy makers during the Native American boarding school era to impose a militarized and patriotic system of education onto Native children. In an attempt to prove their loyalty to the United States, Catholic church policy makers adopted the federal government’s model of educating Native Children. This system unintentionally hurt the Native population because Catholic Priests and Nuns shifted their philosophy of respecting Native values to imposing patriotic values onto Native children. The federal government’s role in the boarding school era often overshadows the role of religious denominations, specifically the influence of Catholic Indian schools. The point of this study is to examine and recognize how the social environment in the U.S. during the nineteenth century influenced Native American policy and gives anyone interested in the boarding school era a more nuanced understanding as to why Progressives sought to assimilate Native children into the American mainstream.
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Pedersen, Mette J., and Christine B. Vining. "Early Intervention Services With American Indian Tribes in New Mexico." Perspectives on Communication Disorders and Sciences in Culturally and Linguistically Diverse (CLD) Populations 16, no. 3 (October 2009): 86–94. http://dx.doi.org/10.1044/cds16.3.86.
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Abstract Typical approaches to early intervention services, as carried out in many parts of the United States, may not be practical or successful with traditional American Indian families and communities. New Mexico, home to 22 tribes (19 pueblos, Navajo, and 2 Apache tribes) with eight indigenous languages, has worked through its Part C Family Infant Toddler (FIT) Program to support services for all communities in ways that meet community and cultural norms. This has led to examination of service delivery approaches, community based services guided by local American Indian leadership, and scrutiny of early assessment and evaluation in a culturally appropriate manner, compatible with state and federal regulation. This overview of the early intervention system, its challenges and opportunities, shares features of early intervention programs serving New Mexico tribes, and speech-language services in the context of family-centered philosophy, and culturally competent service delivery.
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Conner, Thaddieus W., Aimee L. Franklin, and Christian Martinez. "Gambling on Decentralization: How Sub-National Regulatory Interests Condition the Impact of Federal Policy." State and Local Government Review 53, no. 4 (December 2021): 298–316. http://dx.doi.org/10.1177/0160323x211057917.
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Intergovernmental relations scholars note a decentralizing trend transferring authority from national to state and local government in the American federalist system. Theory suggests that a misalignment of the interests of national and regional actors may lead to variation in sub-national regulatory environments. We investigate how different sub-national regulatory environments condition the impact of Tribal gaming. Using tribal-state gaming compacts and amendments from 1990–2010, we examine how restrictions in sub-national regulatory agreements condition intended impacts of the 1988 Indian Gaming Regulatory Act. We find that revenue sharing and market restrictions differentially influence the impact of gaming on tribal per capita income but not levels of unemployment. Through the case of Tribal gaming, we determine how sub-national agreements condition the relative accomplishment of policy goals important to Native nations.
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Proch, Dominik. "Selected measures proposed and taken by current Indian government." Köz-gazdaság 15, no. 3 (2020): 183–97. http://dx.doi.org/10.14267/retp2020.03.15.
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ndia is going to have the second largest population and one of the largest markets in the world, however, trade and investment environment have been unsatisfactory. The economy was being paralyzed between 2011 and 2013 after long-standing problems had appeared. Nevertheless, a paradigm shift can be seen since 2014. In that year, Indian People’s Party won a majority in the general elections and Narendra Modi became the Prime Minister. Under his government, several programs have been introduced and some of them already implemented. The main objective is liberalization, deregulation or computerization, together calling for higher investment and trade exchange. GST is one of the most discussed reforms since it should have brought a unified tax system across all federal states with more transparent requirements for foreign entities. Subsequently, voluminous programs such as Make in India, Digital India, Clean India etc. have being promoted. Despite the fact that businesses can benefit from the outlined initiatives, common people are often affected in a negative way – which is the actual case of demonetisation.
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Ulmer, Jeffery T., and Mindy S. Bradley. "Criminal Justice in Indian Country: A Theoretical and Empirical Agenda." Annual Review of Criminology 2, no. 1 (January 13, 2019): 337–57. http://dx.doi.org/10.1146/annurev-criminol-011518-024805.
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Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities. We argue that this uniqueness renders extant racial/ethnic theoretical framings incomplete for understanding the Native American experience with criminal justice in the United States. First, we describe the complexities of criminal jurisdiction in Indian Country, discuss how internal colonialism shapes the Native American experience, and outline a set of directions for research to illuminate such jurisdictional complexities. Second, we discuss general theoretical frameworks and their strengths and limitations in explaining the Native American experience. We argue for a focus on the interlocking institutional power that shapes tribal, state, and federal justice coupling. We present an agenda for research on the consequences of contemporary criminal justice arrangements for individual Native Americans and for Native American communities collectively.
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Peppin, Soosai, and Vaishali Singh. "Changing role of public bureaucracy in India: A federal polity perspective." International Journal of Public Policy and Administration Research 10, no. 2 (June 12, 2023): 55–69. http://dx.doi.org/10.18488/74.v10i2.3395.
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In a federal polity, the role of bureaucracy is ineluctable to cement the centre-state relations. Being the primary catalyst for social change and nation building, Indian bureaucracy is stitched into the federal fabric. The bureaucratic system as well as its potential for public welfare is greatly influenced by the power dynamics in the centre-state relations. Therefore, the paper examines the role of public bureaucracy from the vantage point of centre-state relations. The study synthesizes the literature on the subject to explore the role of bureaucracy in the various phases of centre-state relations in India. The historical analysis is used to reveal the reasons for political control over bureaucracy in India. The main finding of the study reveals that a change in the power constellations of political authorities at the central and state levels of government also induces a change in the influence or capacity of the bureaucracy to work independently and impartially, thereby weakening the neutrality of bureaucracy. The study can be highly useful for policy analysts in understanding the federal democracy and adds to the canon of academic literature on politico-administrative relations in India.
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Manor, James. "Government and Opposition in India." Government and Opposition 46, no. 4 (2011): 436–63. http://dx.doi.org/10.1111/j.1477-7053.2011.01347.x.
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AbstractInteractions between ruling and opposition parties in India have long been sorely neglected by political analysts. This study finds clear contrasts between interactions at national and state levels in this federal system, and further, often marked variations across the 28 states – each of which has its own Westminster-style legislature. Government–opposition relations range from semi-civilized to caustic, although most cases are situated some at distance from those extremes. So, despite a recent confrontation in the Indian Parliament, there are no strong trends towards either deterioration or greater accommodation. This is a study in ambiguity.
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MacDonald, David, and Mark Mitchell. "Genocide, Reconciliation, and the Residential Schools: A Survey of Federal, Provincial, and Territorial Attitudes among Elected Officials in Canada." Canadian Political Science Review 6, no. 2-3 (March 19, 2013): 237–54. http://dx.doi.org/10.24124/c677/2012409.
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This article contextualizes and presents an online nationwide survey we have conducted at federal, provincial, and territorial levels across Canada. The survey is bilingual and has been supported by the SSHRC and the University of Guelph. Elected officials were approached in confidence to complete a survey concerning their attitudes towards Aboriginal history, changes in the current political system to facilitate increased Aboriginal representation, and the applicability of international law, specifically the UN Genocide Convention, to interpret Aboriginal experiences in the Indian Residential Schools. We argue that the qualitative and quantitative data we have obtained mirrors survey of the Canadian mainstream electorate in significant wars.
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Saha, Tularam, and Goutam Dakua. "The Changing Trends of Coalition Politics of Kerala from its Origin to 2016 in India." RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 3 (March 15, 2024): 124–31. http://dx.doi.org/10.31305/rrijm.2024.v09.n03.012.
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The Constitution of India provide for a federal system of government though the term ‘federalism’ which is nowhere been used in the constitution. But the article 1 of the constitution describes that India, that is Bharat, shall be a Union of States. K.C. where describes Indian federalism as “Quasi-federal”. Granville Austin called it ‘co-operative federalism.’ And Ivor Jennings describes it as ‘federation with strong centralizing tendency’. This nature of Indian federalism has leads India towards coalition. The coalition politics at the central level has been relatively a recent phenomenon but at the state level it has been in operation right after the first general election (1952). The growth of regional parties and dominant leadership at state level has federalized the polity and the state government has stretched their arms. The first coalition at state level formed in Kerala in 1954. The coalition politics is a time-tested thing in contemporary democracy. The concept of coalition politics occurred when the states used to ally with each other in order to defect of a common enemy. In 1954 the Congress created a coalition government in Kerala. Since this time Kerala has been living with coalition rule after regular intervals. The politics in Kerala is dominated by two coalition fronts: the communist party of India (Marxist)- led left Democratic front (LDF) and the Indian National Congress – led United Democratic Front (UDF) since late 1970s. Kerala was the first Indian state where the communists were chosen to power. Since the early 1980s these two coalitions have alternate in government. They are unable to gain re- election for a second term. These two-alliance coalition have occurred periodically and ruled continued to 2016 election. In May 2016, the LDF win election and now in power. This LDF coalition occurred with CPI (M)-58, CPI-19, TDS-3, NCP-2, KCB-1, CPM(L)-1, CS-1 and Independents-5.
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Bloom, John. "Sports and the Politics of Identity and Memory: The Case of Federal Indian Boarding Schools During the 1930s." Ethnic Studies Review 21, no. 1 (1988): 51–70. http://dx.doi.org/10.1525/esr.1998.21.1.51.
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The federal government of the United States developed a complex System of boarding schools for Native Americans in the 19(th) century. This effort was generally insensitive and often brutal. In spite of such brutality many students managed to negotiate and create new understandings of traditions and cultural autonomy while in such schools. Now, however, some former students remember their lives as students with mixed emotions. Drawing on oral history interviews and public official documents, the author examines the recreational and athletic life at the boarding schools and finds that students were, nevertheless, able to experience pleasure and pride in creating new ways of expressing their identities as Native Americans.
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Gul, Shehla, Atta-Ur Rahman, Samiullah, and Rafiq Ali Khan. "Comparing the agenda setting role of the Pakistani and Indian newspapers in disasters: a case study of the 2005 Kashmir earthquake." ERDKUNDE 74, no. 4 (December 31, 2020): 301–16. http://dx.doi.org/10.3112/erdkunde.2020.04.05.
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In the aftermath of the 2005 Kashmir earthquake, the media played a central role in linking victims to the government apparatus and the national and international community and highlighting weaknesses in the disaster management process. This study was conducted to analyze and compare the ‘agenda setting role’ of the Pakistani newspapers with that of the Indian newspapers after the 2005 Kashmir earthquake with a magnitude of 7.6 and resulting in over 78,000 fatalities in Azad Jammu & Kashmir, Khyber Pakhtunkhwa province of Pakistan and the Indian part of Kashmir. Two Pakistani and two Indian newspapers each with high circulation were selected for qualitative and quantitative analysis. A total of 630 articles were downloaded for analysis out of which 120 front page articles were finally analyzed with the help of five selected themes including extent of damage, phases of disaster, responsibility issues, types of framing and focus on disaster policies. The study revealed that there was a strong agenda setting role of both Pakistani and Indian newspapers in post 2005 Kashmir earthquake. The newspapers focused on broad policy issues using thematic framing techniques with a strong emphasis on response phase, whereas the least attention has been given to preparedness and mitigation strategies. The analysis further revealed that in both the countries, federal government was considered to be responsible for disaster management system by both Pakistani and Indian newspapers and the Indian newspapers have also strongly criticized the Indian army for their unsatisfactory emergency response operations. Newspapers are still one of the most important sources of information in many developing countries including Pakistan and India and they can play a positive role in the management of natural disasters by focusing on mitigation and preparation to prepare communities for future disasters.
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Kir, Ajitesh. "India's Goods and Services Tax: A Unique Experiment in Cooperative Federalism and a Constitutional Crisis in Waiting." Canadian Tax Journal/Revue fiscale canadienne 69, no. 2 (August 2021): 391–445. http://dx.doi.org/10.32721/ctj.2021.69.2.kir.
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It has long been argued that federal countries, especially those with strong subnational taxing powers, might face difficulty in implementing a federal value-added tax (VAT) because of coordination issues involved, and therefore might be reluctant to adopt one. This article provides insights on how VAT structures are evolving in federal systems, where different tiers of government have separate (and sometimes overlapping) taxation powers. While the author focuses mainly on India's recently enacted goods and services tax (GST), he also offers a comparative perspective, with reference to the GST/VAT systems in Canada, Brazil, and the European Union, thus adding to the hitherto limited body of scholarly work on VAT coordination in federal jurisdictions. The GST is arguably India's biggest tax reform in several decades. Introduced primarily to create a unified national market and bring an end to tax wars and economic distortions, the tax reform's chief slogan was "GST—one-nation-one-tax-one-market." This article takes a closer look at a unique institutional design feature of the Indian GST—a centre-state body called the GST council. What makes this body unique is that it is envisaged as functioning on the principles of cooperative federalism. But can a concurrent tax system, whose very survival is based on cooperative federalism, guarantee a unified national market? If yes, for how long? The author highlights the role of the GST council in market integration and explains why the council has succeeded on several fronts while failing on others. He also addresses an unresolved constitutional issue that could affect the GST council's ability to function as the fulcrum for cooperative federalism—namely, the question of whether its decisions are binding. The uncertainty surrounding this issue could lead to a constitutional crisis if one or more states decide to opt out. The author discusses four possible ways to deal with this impending crisis.
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Sommerfeld, David H., Elise Trott Jaramillo, Erik Lujan, Emily Haozous, and Cathleen E. Willging. "Health Care Access and Utilization for American Indian Elders: A Concept-Mapping Study." Journals of Gerontology: Series B 76, no. 1 (September 7, 2019): 141–51. http://dx.doi.org/10.1093/geronb/gbz112.
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Abstract Objectives Inequities in access to and utilization of health care greatly influence the health and quality of life of American Indian elders (AIEs). This study explores the importance and perceived prevalence of factors affecting health care use within this population and assesses the changeability of these factors to produce a list of action items that are timely and relevant to improving health care access and utilization. Method Concept mapping was conducted with AIEs (n = 65) and professional stakeholders (n = 50), including tribal leaders, administrators of public-sector health systems, outreach workers, and health care providers. Data were analyzed using multidimensional scaling and cluster analyses. Results The final concept-map model comprised nine thematic clusters related to factors affecting elder health care: Difficulties Obtaining and Using Insurance; Insecurity from Lack of Knowledge; Limited Availability of Services; Scheduling Challenges; Provider Issues and Relationships; Family and Emotional Challenges; Health-Related Self-Efficacy and Knowledge; Accessibility and Transportation Barriers; and Tribal/National Policy. Discussion Findings suggest that improvements in access to and utilization of health care among AIEs will require actions across multiple domains, including health system navigation services, workforce improvements, and tribal, state, and federal policy. A multilevel socioecological approach is necessary to organize and undertake these actions.
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Landy, Frédéric. "Rescaling the public distribution system in India: Mapping the uneven transition from spatialization to territorialization." Environment and Planning C: Politics and Space 35, no. 1 (September 21, 2016): 113–29. http://dx.doi.org/10.1177/0263774x16666080.
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The Indian public distribution system operates like a huge machine transferring food grains procured by the federal government from surplus regions at a guaranteed price towards deficit areas where grains are sold at subsidized prices to poor households. The role of India’s regional States has become more significant in recent years with ‘decentralized procurement’. However, the national state has not become a minor actor, sandwiched between the globalization of food flows and decentralization policies. A process of state spatial rescaling is indeed taking place, although limited in scope and uneven across space. Before the 1990s, despite the uncontested power of the central state, sizeable differentiation already existed between States or ‘food zones’, in procurement as well as distribution. Recent rescaling of the policy has given States greater scope for policy innovation, via a ‘territorialization’ process. Nevertheless, despite significant rescaling to the subnational scale and the importance of ‘localization’ and ‘globalization’ trends, the national scale maintains a prominent position in the overall policy framework.
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Salim, Jacqueline Malta, and Rafael Tomaz De Oliveira. "INTEGRAÇÃO DO ÍNDIO À SOCIEDADE: TENTATIVA DE "DESINDIANIZAÇÃO" OU FIXAÇÃO DE CRITÉRIOS PARA O EXERCÍCIO DE DIREITOS? - DOI: http://dx.doi.org/10.5216/rfd.v39i2.37491." Revista da Faculdade de Direito da UFG 39, no. 2 (January 12, 2016): 144. http://dx.doi.org/10.5216/rfd.v39i2.37491.
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RESUMO:Até que ponto a integração do índio à sociedade nacional, questão crucial da tradição assimilacionista secular, influencia no exercício de direitos atribuídos pelo ordenamento jurídico pátrio aos indígenas? Qual o papel dos Tribunais na interpretação dos dispositivos constitucionais e legais a fim de conferir proteção aos índios e às comunidades indígenas, uma minoria que exige uma tutela estatal protetiva, e, ao mesmo tempo, garantir a isonomia de direitos e deveres entre os cidadãos brasileiros, dentre os quais se incluem os índios. Estas indagações constituem o alicerce deste estudo, que pretende demonstrar a evolução legislativa, bem como o funcionamento das instituições político-jurídicas de tutela dos indígenas no País, até a promulgação da Constituição Federal de 1988, que instituiu um novo paradigma de proteção aos povos indígenas, atribuindo-lhes uma série de direitos específicos apenas em razão de sua condição jurídica de índios. A atual Carta Política recepcionou sua cultura e formas de organização social, além de assegurar os meios para sua existência digna. Por outro lado, nosso ordenamento ainda exige a integração do índio para o exercício de alguns direitos civis, bem como para a sujeição a deveres, em especial, a responsabilidade penal. No entanto, a tendência é que a integração, neste aspecto, seja vista mais como um modo de proteção a um grupo vulnerável do que uma tentativa de assimilação cultural de uma minoria por um grupo social hegemônico na sociedade. ABSTRACT: To what extent would the integration of the Indian into the national society, crucial issue of secular assimilationist tradition, be influencing the exercise of rights granted by the Brazilian legal system to indigenous? What is the role of the courts in the interpretation of constitutional and legal clauses in order to give protection to the Indians and indigenous communities, a minority that requires a protective state custody, and, at the same time, ensuring equality of rights and duties among Brazilian citizens, including the Indians? These questions constitute the basic element of reflection in this article, which aims to demonstrate the legislation development process, as well as the functioning of political and legal institutions of Indian tutelage in the country, until the promulgation of the Federal Constitution (on 1988), which established a new paradigm for the protection of indigenous peoples, assigning them a series of specific rights only because of their legal status as Indians. The current Charter Policy hosted their culture and forms of social organization, and ensure the means for a dignified existence. On the other hand, our law also requires the integration of the Indian for the exercise of some civil rights, as well as placing under duties, in particular, the criminal liability. However, the trend is that integration, in this regard, be seen more as a way of protecting a vulnerable group than an attempt at cultural assimilation of a minority by a hegemonic social group in society.
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Kiruthika, S., and G. Raja. "Emerging Issues And Challenges Of Public Health Infrastructure Of Covid-19 In India." International Review of Business and Economics 4, no. 2 (2020): 260–64. http://dx.doi.org/10.56902/irbe.2020.4.2.37.
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Today Indian health care system is in pathetic condition, its needs radical reforms to deal with new emerging challenges and issues. COVID-19 is spreading really fast around the world. The Indian government facing the problem of lack of resources and infrastructure facilities, there are insufficient number of beds, rooms, ventilators and medicines. Public health is the practice of preventing disease and promoting good health within groups of people, from small communities to entire countries. The countries concentration has been focused on the crucial need for a strong public health infrastructure to protect community health. The current study describes the situation of the outbreak of this pandemic in India. The study also discusses the availability of public health infrastructure facilities in virus infected peoples. Public health organizations at the federal, state, tribal, local are taking steps to increase effectiveness and efficiency through its National Public Health Improvement Initiative (NPHLL), the centers for disease control and prevention supports improvements in 74 state, local and territorial health departments systems, practices, and essential services. COVID pandemic has considerably undermined the accessibility and availability of essential health services. A good health infrastructure also guarantees a country of strong and healthy way to living as well as happy life.
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Dubey, Muchkund. "The Nationalism Debate: Past and Present." Indian Journal of Public Administration 63, no. 1 (March 2017): 1–12. http://dx.doi.org/10.1177/0019556117689853.
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The nation states have emerged and been shaped through an evolutionary process. The major factors triggering their emergence have been rise of capitalism, breakdown of empires, independence of colonial territories and, in recent years, the disintegration of large federal states. The character and the authority of nation states have been shaped initially by the interstate system of the Treaty of Westphalia and largely by the French Revolution and the United Nations (UN) Charter, rise of regionalism and globalisation. Nationalism continues to thrive and remain dominant all over the world mainly because its possible substitutes such as global capitalism, socialist internationalism and UN multilateralism did not prove viable. The major challenges the nation states face today are coping with new problems arising within their territories and those which affect the very survival of mankind. The Indian nationalism embraces the entire variety of elements which go into the making of a nation state. It has been a subject of bitter controversy starting from India’s independence movement. To be true to its ethos reflected in the Indian Constitution, it must remain pluralistic, inclusive and humanitarian.
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Nivedhitha.K. "Basic Structure of Federalism And Its Interplay With India’s Obligation To Abide By International Law." Legal Research Development 2, no. II (December 30, 2017): 17–22. http://dx.doi.org/10.53724/lrd/v2n2.06.
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A lot has been debated upon the nature of federalism in India. A few consider it quasifederal, few consider it federal and a few others consider it federal with a centralizing tendency. India's obligation to abide by the International law is one of the pointers that have led to the debate of the state not being an independent unit in the Indian federal system. Federalism in India would be discussed with reference to India's obligation in the International order with special mention to TRIPS (Trade Related Aspects of Intellectual Property Law). Obligations under TRIPS had led to the amendment of the Patent Act which has impacted the agricultural and pharmacy sector both of which fall within the ambit of the State unit and not the Center. Whether India’s obligation under Trade Related Aspects of Intellectual Property Rights (TRIPS) usurps the power from states that they are entitled to have under the Constitution of India? On the other hand, noncompliance with the State's International obligations would tarnish the image of the State in the global order due to violation of the principle of Pacta Sunt Sevaranda. This article critically analyses India's treaty-making power under the Constitution and stresses on the need for the procedure to be compliable with the principle of federalism by incorporating the State units in the treaty- making process.
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Datta, Prabhat Kumar, and Panchali Sen. "LAND REFORMS IN AN INDIAN STATE: LESSONS FROM THE EXPERIENCES OF IMPLEMENTATION." Journal of Asian Rural Studies 2, no. 1 (January 22, 2018): 1. http://dx.doi.org/10.20956/jars.v2i1.1361.
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Until the shift of developmental policy in India in 1990s the state used to play an instrumental role India’s development. By the time India attained independence it was widely regarded that semi feudal landlordism was the main obstacle in the way of national economic regeneration. In this paper an attempt has been to capture the processes of land reforms in India’s West Bengal under the Left Front rule and to critically review impact of this programme on village society. This paper also seeks to identify reasons with the help of empirical studies why it has not been possible for the Left Front Government to achieve the declared objectives of the programme. Major transformations in economic, social and political fields during the first two decades of the Left Front rule characterized by the successful implementation of land reform programmes but failed to produce sustained benefits to the poor beneficiaries of land reforms. The panchayat institutions were unsuccessful in making the poor realize that the existing social situation was not conducive for meeting their basic needs. The concluding part of the paper tries to bring together the lessons that the other countries or states in a federal system can learn from the experiences of implementation of land reforms programme in West Bengal.
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Randell, Heather, and Andrew Curley. "Dams and tribal land loss in the United States." Environmental Research Letters 18, no. 9 (August 9, 2023): 094001. http://dx.doi.org/10.1088/1748-9326/acd268.
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Abstract Indigenous peoples in the United States have faced continued land dispossession for centuries. Through the reservation system as well as policies including forced removal and allotment, colonial settlers and later the federal government acquired over two billion acres from Native Nations. We argue that another important, yet understudied and unquantified, contributor to tribal land loss is through the construction of dams. By restricting water flow in rivers or lakes, dams submerge land under reservoirs and disrupt aquatic and terrestrial ecosystems. This impacts livelihoods of local communities, destroys culturally important places and resources, and displaces people from their homes and land. To quantify the amount of tribal land lost as a result of dam construction, we engage in an innovative data linkage project. We use geospatial data on the boundaries of federal Indian reservations and Oklahoma Tribal Statistical Areas (OTSAs) and overlay these data with the locations of approximately 7,900 dams in the continental US. We estimate that 139 dams have submerged over 619 000 acres of land on 56 federal reservations and that 287 dams have inundated over 511 000 acres of land on 19 OTSAs. Taken together, our lower-bound estimate is that over 1.13 million acres of tribal land have been flooded under the reservoirs of 424 dams, which amounts to an area larger than Great Smokey Mountains National Park, Grand Teton National Park, and Rocky Mountain National Park combined. In light of recent federal legislation to address aging infrastructure in the US as well as the increasing risks to dam function and safety caused by climate change, dams that impact tribal land should be prioritized for removal. In cases where removal is not a preferred or viable option, alternatives include tribal ownership or funding for repairs and improvements.
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Fedonnikov, A. S., and N. I. Makhonko. "Medical and legal features of the functioning of the healthcare system of the Republic of India." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 26, 2023): 142–50. http://dx.doi.org/10.17803/2311-5998.2023.106.6.142-150.
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The article discusses the features of the healthcare system in India. Medical care is based on a number of regulatory legal acts that have defined the federal structure of the healthcare system and the rules of financing. National laws define the principles of healthcare organization in order to provide timely quality medical care to the entire population of the State. The peculiarities of Indian healthcare is the fact that society is divided on many grounds, that is, into religion, castes, races, skin color and political parties. These features lead to health inequalities. The Constitution of India establishes that human rights relating to life, freedom, equality and dignity of the individual are guaranteed by the Constitution itself, International Covenants and are subject to enforcement by the courts of India. These provisions triggered the creation of new executive bodies in the field of health: the National Human Rights Commission, as well as Human Rights Commissions in all states and courts. According to international experts, India’s medical innovation activity is rated as one of the most progressive forms (creativity and efficiency) in global healthcare. Such a result is not accidental, since India’s role in global health is based on an adequate domestic national medical policy.