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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Parliament and Law and Order in the States 1

Parliament and Law and Order in the States 1

Chapter:
(p.276) 45 Parliament and Law and Order in the States1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0055

This chapter addresses the public order in the States. On 3 August 1993, in breach of the rules of procedure of the Lok Sabha and its established practice, the speaker of the Lok Sabha, Mr. Shivraj Patil, allowed the Union home minister, Mr. S. B. Chavan, to make a statement on the incidents in Calcutta on 21 July. Mr Chavan accused the Calcutta police of 'excessive use of force', the West Bengal government of intolerance, and of politicizing the state police. This was surprising as 'public order' and 'police' are both exclusively state subjects. This is subject to one exception: namely, the use of the armed forces of the union 'in aid of the civil power'. Mr Chavan would do well to remember the warning delivered by the Sarkaria report. The state of the Central Bureau of Investigation should also deter him from casting this particular stone.

Keywords:   S.B. Chavan, Calcutta police, public order, armed forces, Union, civil power, West Bengal government, state police, Central Bureau of Investigation

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