Constitution Of India (Part 1) Flashcards
Fundamental Rights ..part article
part 3 article 12-35
right to equility article
article 14-18
article 14
equality before law and equal protection of law
article 15
prohibition of discrimination on the grounds of religion caste sex race and place of birth
office of profit
(1) Indian constitutional law prohibiting a member of legislature from holding an office of profit is in the news again(2) The last casualty of this law was Congress party chief Sonia Gandhi that led her to vacate her Lok Sabha seat in 2006(3) Now the spotlight has been trained on 21 MLAs of Aam Aadmi Party who are also working as parliamentary secretaries.(4) Ministers - at both central and state level - are exempted from the ruling specified by articles 102 and 191.
article 16
equality of opportunity in matter s of public employment
article 17
Abolition of Untouchability and prohibition of its practice
article 18
Abolition of titles except military and academics
right to freedom article
article 19-22
article 19
Protection of certain rights regarding freedom of1) speech and expression2)assembly peaceably without arms3)form association/union /cooperative4) movement(move freely throughout the territory of India)5) residence-reside and settle in any part of india6)practice any profession/occupation/trade/business
power of centre to make laws under article 33
1) can't be challenged in any court on the ground of contravention of FR2) exclude the court martial s(tribunal establish under the military law) from the writ jurisdiction of SC & HC,so far as FR is concerned
article 20
Protection in respect of conviction for offences(protection against arbitrary & excessive punishment to an accused person,weather citizen or foreign er or legal. person like a company /corporation)20(2) no person shall be prosecuted and punished for the same offence more than once. This is called Doctrine of Double Jeopardy.
article 21
Protection of life and personal liberty
3 provision of article 20
1) no ex post facto law:: no person shall be(I) convicted of any offence except for violating of a law in force at the time of the commission of the act,nor (ii) subjected to a penalty greater than tat prescribed by the law in. force2). No double Jeopardy :: no person shall be prosecuted & punish for the same offence more than once3) No Self-incrimination :: no person accused of any offence shall be compelled to be witness against himself
article 21A
right to elementary education
article 22
Protection against arrest and detention in certain cases
right against exploitation article
article 23-24
article 23
Prohibition of traffic in human beings and forced labour
article 24
Prohibition of employment of children in factories, etc.
right to freedom of religion article
article 25-28
article 25
Freedom of conscience and free profession, practice and propagation of religion
article 26
Freedom to manage religious affairs orTo establish &maintain institutions i.e Aligarh Muslim university
article 27
Freedom as to payment of taxes for promotion of any particular religion
article 28
Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights article
article 29-30
article 29
Protection of minority group distinct language, script and culture
article 30
Right of minorities to establish and administer educational institutions. and administer educational institution
Right to Constitutional Remedies article
article 32
article 32
Right of constitutional REMEDIESin case of violation of FR any person can move SC & Supreme Court issue orders including WRITS in regards.1) habeas corpusmandamusprohibitioncertiorariquo war-rento
article 12
Definition of state
article 13
Laws inconsistent with or in derogation of the fundamental rightslaw definition- Constitution ammendment is not a law
article 31 repealed
compulsory acquisition of property repealed
article 31A
savings of laws providing for acquisition of estates etcit saves 5 categories of law from being challenged on ground of contravention of the FR(14,19)1 acquisition of estates by state2 taking over management of properties by state3 amalgamation of corporation4 extinguishment/modification of rights of directors/shareholder of corporation5 ....of mining leases
article 31B
Validation of certain Acts and Regulations. schedule 9it saves the act s and regulation s including in 9th schedule from being challenged on ground of contravention of any fundamental right
article 31C
Saving of laws giving effect to certain directive principlesinserted by 25 CA 1971,,,1)no law that seeks to implement the socialistic directive principles specified in article 39b and 39c shall be void on the ground of contravention of the fundamental rights conferred by article 14,192) repealed by kesavananda Bharati vase
article 31D repealed
savings of laws in respect of Anti- national activity repealed
article 32
Remedies for enforcement off fundamental rights conferred by this Part.(including writ)
article 32A
constitutional validity of state laws not to be considered in proceedings under article 32 repealed
article 33
Power of Parliament to modify the fundamental rights conferred by this Part in their application to Forces, etc.
article 34
Restriction on rights conferred by this Part while martial law is in force in any area.
article 35
Legislation to give effect to some of the provisions of fundamental rights
fundamental rights derived from which country
USA bill of rights
Magna Carta of india
part 3
44th Constitutional amendment
1978 nullify 42 CA 19761) restore lok sabha+state ass. tenure 6 to 5 yr2)right to property-legal right- not FR article 300A3)restore quorum4)prez-reconsideration of cabinet-then prez bound5) restore power of sc and hc6) national emergency - internal disturbance to armed rebellion7) article 20 and 21 can't be suspend during national emergency
article 300A
person not to be deprived of property save by authority of law
article 226
power of High court to issue certain writs
kesavananda Bharati case
1973 #challenged the 24 CA 1971parliament has empower to abridge or take away any of the fundamental rights. article 368 doesn't enable it to alter the basic structure of the Constitutionarticle 31C second provision- invalidjudicial review- basic feature of constitution
FR available to citizen and not foreigners
article 15,16,1929,30
FR AVAILABLE TO FOREIGNERS and citizens
article 14,20,21,21A,22,23,24,25,26,27,28
Inamdar case
2005apex court ruled that the state can't impose its reservation policy on minority and non minority unaided private colleges (including professional coll)-reservation in private unaided educational institutions was unconstitutional
93rd Constitutional amendment act
2005-exception (3rd) to article 15 added-empower the state to make special provisions for the socially and educationally backward classes/sc/St in educational institution, except the minority educational institution s
1st backward classes commission
1953Kaka kalelkarreport sumbit 1955
2nd backward classes commission
1979-b p mandal(govt- morarji desai)-3743 caste backward-52 % population excluding sc St-27per government job reservation to obc
article 340
appointment of a commission to investigate the condition of backward classes
2008 SC Judgement
obc quota act is validexclude the creamy layer(6 lakh)
1963 SC judgement
more than 50 % reservation of job in single year is unconstitutional
1990 vp Singh govt reservation
27% government job quota to obc
1991 Narasimha Rao govt reservation
-27% obc quota to poorer section-10% job for poorer in higher caste
Indra Sawhney vs uoI
1992 mandal case-court reject 10%-27% valid with conditions1) creamy layer2) no reservation in promotion3)50%4) carry forward rule
ram nandan committee
1993 identify the creamy layer among obc
National commission for backward classes
1993 by act
77th Constitutional amendment
1995reservation in promotion in government jobnullify the sc rulling mandal case
85th Constitutional amendment
consequential seniority" in case of promotion by virtue of rule of reservation for the government servent belonging to sc St wef June 1995
81 constitutional amendment
unfilled reserved vacancies of a year as a seperate class of vacancies to be filled up in any succeesding year-not comes under 50% ceiling of succeeding year
76 constitutional amendment
1994Tamil Nadu reservation act of 1994 in 9th scheduled to protect it from judicial review-69% reservation
protection of civil rights act
1955earlier untouchability (offence) act 1955renamed in 1976
exception to freedom of movement
-entry of outsider in tribal areas-movement of prostitude#sc-AIDS person #bombay hc- external movement (article 21)
exception to the article 14
1) immunity of president under article 3612-publication wrt parliament proceedings article 361A3-criminal and civil proceedings-foreign sovereign,ambassdor, diplomats4-uno and it's agencies- diplomatic immunity5-mla(article 194) mp(article 105) -said/vote/any commitment6-- article 31C (SC-where article 31C comes in art 14 goes out). laws made by the state for implementing the directive principles article 39 clause B and C can't be challenged on the ground that they are violating article 14
exception to article 15
1)women and children2) advancement of any socially or educationally backward class/ sc/St 3).... regarding their admission to educational institution except minority edn inst (93rd CA)
exception to article 16
1) residence condition-certain appointment in state/UT/local authority.....repealed except Andra Pradesh (article 371D 32CA) and Telangana (article 371D A P reorganization act 2014)2) reservation to backward classes3) office related to religion or denomination institution - member should be from same
exception to article 18
military academic distinctionnational award - SC 1996 balaji raghwan
exception to freedom of speech
state can impose reasonable restrictions1) sovereign and integrity of India2) security ofthe state3) friendly relations with foreign state4) public order5) decency or morality6) contempt of court7) defamation8) incitement to an offence
exception to freedom of assembly
state can impose restriction1) sovereign and integrity of India2,,,, public order (maintenance of traffic etc)CPC,1973 section 144IPC section 141
exception to freedom of residence
-right of outsider to reside and settle in tribal area is restricted-sc --- certain area can be banned for certain kinds of person like prostitute and habitual offender
exception to right to profession
1)immoral profession- trafficking of women and children2) dangerous -harmful drug or explosive(through licencing)
Gopalan Case
1950-----protection against article 21 is available only against arbitrary executive action and not from arbitrary legislative actions----state can deprive the right to life and personal liberty of a person based on law-----procedure stabilised by law
Menaka case
1978----right to life and personal liberty of a person can be deprived by a law provides the procedure prescribed by that law is reasonable,fair and just---it is not merely confined to animal existence or survival but it also include right to live with human dignity and all those aspects of life which makes life meaningful complete and worth living----34 additional rights as a part of right to life
86th Constitutional amendment
2002,,,,Elementary education is fundamental right(6-14yr) article 21A,,,,,,new fundamental duty article 51A --- duty by every citizen of India who is a guardian or parent to provide opportunity to for his child / ward btw 6-14 age
right of children to free and compulsory education act
2009+in 1993 sc recognise a fundamental right to primary education in the right to life under article 21
type of detention under article 22
punitive detention 24 hrprevention detention 3months
law related to labour article 23
minimum wage act 1948contract labour act 1970equal remuneration act 1976bonded labour system (abolition)act 1976
laws relating to child labour
employment of child act 1938factories act 1948plantation labour act 1951Moter transport worker act 1951mines act 1952merchant shipping act 1958apprentice act 1961Bidi and cigar worker act 1966child labour(prohibition and regulation) act 1986,2016
child labour rehabilitation welfare fund
1996 sc20000 fine to employer
commission for protection of child rights act
2005,,,,, national/state commission for protection of child rights,,,,children court
child and adolescent labour (prohibition and regulation)act
2016,,,,new name of child labour(prohibition and regulation) act 1986,,,,<14yrs prohibits employment,,,,14-18yrs prohibits hazardous occupation and processes,,,, imprisonment 2yrs,,,,fine 50000,,,,,repeated offence 1-3yr imprisonment
secretary of malankara Syrian catholic College case vs T jose
2007,,, rights of minorities to establishment and administeration of minority educational institutions,,,,, governing body,teaching and non teaching staff, fee structure admit eligible students,uses of its properties and assets
minority meaning in article 29 and article 30
article 29any section of the citizen having a distinct language, script of cultural of its own shall have right to conserve the samesc - scope of this article is not necessarily restricted to minorities only,as it commonly assumed to be.article 30religion and linguistic minority, not ethnic minorities
article 359
suspension of the enforcement of fundamental rights during emergencies
SC HC issue writ
article 32 sc-only for enforcement of fundamental rights #mandatoryarticle 226 HC- for fundamental rights and for any other purpose within its territory #descretionary
mandamus can't issued
,,against private individual,,to enforce department instructions that doesn't posses statutory force,,when duty is discretionary,,to enforce a contractual obligation,, against President or state governor,, against chief justice of HC
Habeas Corpus
order issued by the court to a person who has detained another person, to produce the body of latter before it
habeas corpus not issued where the...
detention is lawfulproceedings is for contempt of legislature or courtdetention by a competent courtis outside the jurisdiction of court
mandamus
issued to publlic officers asking him to perform his official duties that he is failed or refused to perform
prohibition
issued by higher court to the lower court/tribunal to prevent the latter from exceeding its jurisdiction/ usurping a jurisdiction that it doesn't possess
prohibition can't issued to
administrative authority, legislative bodies and private individualonly to judicial and Quasi judicial bodies
certiorari
issued by higher court to the lower court/tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a casecan also be issued to administrative authorities affecting the rights of individual
quo-warranto
issued by the court to enquire into the legality of claim of a person to a public officecan't be issued in case of ministerial or private office
article 352
proclamation of natinal emergency
I R Coelho case
2007there could not be any blanket immunity from judicial review of laws included in 9th schedulejudicial review-basic structurelaws placed under it after 24 april 1973 are open to challenge if they violate the FR
kesavananda Bharati case
1973basic structurearticle 31C 2nd provisions unconstitutional
42nd Constitutional amendment
1976 -mini Constitution -swaran Singh committee1 socialist, integrity secular2 fundamental duties part 4A3 president bound by the advice of cabinet4 administrative tribunal (article 323A) and tribunal for other matters (article 323B) part 14A5 made Constitutional ammended beyond judicial review6 curtail writ jurisdiction/judicial review power of SC/HC7 parliament and legislature tenure 5to 6 yrs8 national emergency in part of territory9) 4 directive principles-equal justice and fee legal aid-39A + participation of worker in the management of industry- 43A+ protection of envt forest and wildlife-48A10) 5 subject from state list to concurrent list11) all India judicial service12) did away the requirement of quorum13)law made by the implementation of directive principles can't be declare invalid by the court on the ground of violation off FR14) froze the seat of assembly on basis of 1971 census till 200115) anti national activities16) president rule duration 6m to 1yr17) right and privileged of member and committees18)deploy armed forces in any state to counter the grave situation of law and order19)
Minerva mills case
1980
directive principles of state policy part
part 4article 36-51
indian federation system is based on
Canadian modelnot American model
article 36
definition of state
article 37
application of the principal contained in this part
article 38
state to secure social order for the promotion of welfare of people
article 39
certain principles of police to be followed by state
article 39A
equal justice and fee legal aid
article 40
organisation of village panchayat
article 41
right to work, to education and to public assistance in certain cases
article 42
provisions of just And humane conditions of work and materinty relief
article 43
living wage .,etc for workers
article 43A
participation of worker in the management of industries
article 43B
promotion of cooperative societies
article 44
uniform civil code for the citizens
article 45
provision of early childhood care and education to children below the age of 6 year
article 46
promotion of educational and economic interests SC/ST and other weaker sections
article 47
duty of state to raise the level of nutrition and the standard of living and to improve public health
article 48
organisation of agriculture and animal husbandry
article 48A
protection And improvement of environmental and safeguard of forest and wildlife
article 49
protection of monument and places and object of national importance
article 50
seperation of judiciary from executive
article 51
promotion of international peace and security
directive principles of state policy are taken from
Irish Constitution of 1937which copied it from Spanish Constitution
directive principles resembles GOI act 1935
instrument of instructionsthey are instructions to the legislative and executive
champakam dorairajan case
1951sc ruled that in case of any conflict between the fundamental rights and the directive principles,the former would prevail.it declare that directive principles have to conform to and run as subsidiary to the fundamental rights.it also held that FR could be ammended by the parliament by enacting Constitutional ammendment act.
1st Constitutional ammendment
19511 ) added 9th schedule to protect the land reform & other law from judicial review2 ) state to make provision for the advancement of socially and economically backward classes3 ) freedom of speech and expression- add 3 exception... public order + friendly relations with foreign states + incitement to an offence
7th constitutional amendment
19561) abolition the existing classification of states into four categories partABCD to 14 states and 6 UT article 350B2) extended the jurisdiction of HC to UT3) establishment of common HC for two or more states4) appointment of additional and acting judge of HC
Golaknath V/s State of Punjab
1967-parliament can't take away or abridge any of the fundamental rights,which are sacrosanct in nature- FR can't be ammended for the implementation of directive principles-SC held that Fundamental Rights have been given TRANSCENDENTAL POSITION by constitution of India
24th Constitutional Amendment
1971-affirmed the parliament to ammend any part of Constitution including FR-make it compulsory for the president to give his assent to a Constitutional ammendment bill
25th Constitutional ammendment
1971-curtail the fundamental right to property(1) no law which seeks to implement the socialistic directive principles contained in article 39(b) &(c) shall be void on the ground of contravention of the FR guaranteed by article 14,19 & 31 {added article 31(c)}(2) no law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such policy(invalid by kesavananda Bharati case)
kesavananda Bharati case
1973second provision of article 31C (25th CA) as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution and hence can't be taken away
Minerva Mills case
1980directive principles once again made subordinate to the fundamental right-FR conferred by article 14 & 19 were accepted as subordinate to Directive principles specified in article 39 B & C-to give absolute primacy to one over other is to disturb the harmony of the Constitution- the harmony and balance between the two is essential feature of the basic structure of the Constitution
socialist directive principles
article 38article 39article 39A41424343A47
Gandhian directive principles
article 404343B464748
liber intellectual directive principles
article 44454848A495051
44th Constitution ammendment DPSP
article 38. 1978state to minimise inequality in income, status, facilities and opportunities
86th Constitutional ammendment DPSP
2002changed subject matter of article 45and made elementary education a fundamental right under article 21Aearly childhood care and education for all children upto the age of 6 years
97th Constitutional ammendment DPSP
2011article 43Bcooperative societyit requires state to promote voluntary formation , autonomous functioning, democratic control and professional management of Cooperative society
sir B N rau
Constitutional advisor to Constitutional assemblyrights -justicable and non justicable
directives outside PART 4
part 16 article 335 claims of sc St to servicepart 17 article 350Ainstructions in mother youngpart 17 article 351deployment of hindi language
fundamental duties taken from
USSRJapan is the only democratic Constitution in world which contain a list of duties of citizens.
swaran Singh committee
1976sardar swaran Singhnecessity felt during the operation of the internal emergency (1975-77)
fundamental duties part
part 4Aarticle 51A42nd CA 1976
86th Constitutional ammendment
2002....added one Fundamental duty(under article 51A)-it shall be the duty of every citizen of India who is a parent or guardian to provide opportunity for education to his child or ward between the age of 6-14 yrsadded article 21-A ,,,, state shall provide free and compulsory education to all'children of the age of 6-14 yrschange the subject matter of article 45 in directive principles-- the state shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years
first 5 fundamental duties
1) national flag and national anthem2) noble ideas that inspire s the National struggle3) sovereign unity and integrity of India4) defend the country and render national service5) promote harmony , sprite of common brother hood,renounce practices derogatory to the dignity of women
last 5 fundamental duties
6) rich heritage of the country's composite culture7) protect and improve natural environment8) develop scientific temper,humanism and the spirit of inquiry and reform9) safeguard public property and to. abjure violence10) strive towards excellence in all spheres11) provide opportunity for education 6-14 yrs(86th CA)
Verma community
Verma community on fundamental duties of citizens1999Verma community observations
prevention of insults to national honour act
1971prevent disrespect to Constitution of India, National Flag and national anthem
unlawful activites (prevention) act
1967declaration of a communal organisation as an unlawful association
Civil Rights Act
1951it was known as untouchability (offences) act till 1976
ammendment of the Constitution part
part 20article 368
24 Constitution ammendment
19711) affirmed the power of parliament to ammend any part of the Constitution including fundamental rights(to counter 1967 golakh nath case)2) made it compulsory for the president to give his assent to a Constitutional ammendment bill
shankari prasad case
1951 #challenged the Constitutional validity of 1st CA,1951 which curtail the right to property.---sc ruled that power of the parliament to ammend the Constitution under article 368 also include power to ammend fundamental rights-- the word law in art 13 include only ordinary law not Constitutional ammendment----therefore, parliament can abridge or take away any of the fundamental rights by enacting a Constitutional ammendment act and such law will not void under art 13
Golaknath V/s State of Punjab
1967Which case SC held that Fundamental Rights have been given TRANSCENDENTAL AND IMMUTABLE POSITION by constitution of India.hence parliament can't abridge or take away any of these rights,,,CA Act is also a law within the meaning of article 13,,,challenged the 17 CA 1964 which inserted 44 acts in 9th schedule
Indra Nehru Gandhi case vs Raj Narain
1975SC invalidate the provision of the 39th CA,1975 which kept the election disputs involving the prez,v-prez,PM,speaker outside the jurisdiction of courtBasic structure1)free and fair elections2) judicial review3) government of laws and not of men(rule of law)4) secularism and freedom of conscience and religion5) equility of status and opportunity of an individual6) India is a sovereign democratic state
kesavananda Bharati case basic structure elements
1973.fundamental rights case1) supremacy of the Constitution2) seperation of power between legislature executive and judiciary3) republic and democratic form of government4) secular character of the Constitution5) federal character of the Constitution6) sovereign ity and unity of India7) freedom and dignity of the individual8) mandate to build a welfare state9) parliamentary system
Minerva Mills case
1980..invalidated the provisiona of 42nd CAbasic structure elements-1) limited power of the parliament to ammend the Constitution2) judicial review3) harmony and balance between FR and DPSP
basic structure of Constitution
1) power of HC under 226,2272) power of SC under 32,136,141,1423) unity and integrity of the Nation4) principle of equality5) independence of judiciary6) effective access to justice7) principles (essence ) underlying fundamental rights
martial law
1) it affects only fundamental rights2) suspends the government and ordinary law court3) imposed to restore breakdown of law and order4) ..some specific area of the country5) it has no specific provision in the constitution.it is implicit6) military authorities are vested with abnormal powers, impose restriction and regulations on the right s of civilians,can punish and Even condemn to death
Natinal emergency points
1) it affects FR, centre state relations, distribution of revenue and legislature power,may extend the tenure of parliament2) continue the government and ordinary law court3) imposed only on 3 ground-war, external aggression or armed rebellion4) imposed in whole country or any part of it5) it has specific and detailed provision in the constitution.it is explicit
criticism of fundamental rights
1) excessive limitations2) no socal or economic Rights3) no clarity4) no permanancy5) suspension during emergency6) expensive remedy7) preventive detention8) no consistent philosophy
jaspat Roy Kapoor #FR
limitations on FRFR and limitations thereon
Sir Ivor Jennings FR
1) paradise for lawyers2) bases on no consistent philosophy.Constitution is made by the lawyers for the lawyers
preventive detention
no democratic country in the world has made preventive detention as an integral part of the Constitution
rights outside part 3Constitutional rightslegal rightsnon-fundamental rights
article 265 part 12no tax shall be lived or collected except by authority of lawarticle 300-A part 12----no person shall be deprived of his property save by the authority of lawarticle 301 part 13-trade commerce and intercourse throughout the territory of India shall be feearticle 326 part 15the election of lok sabha & legislative assembly shall be on adult suffrage
criticism of directive principles
1) no legal force2) illogically arranged3) conservative4) Constitutional conflict
42nd Constitutional ammendment DPSP
article 39. 1976to secure opportunity for development of childrenarticle 39Ato promote equal justice and to provide free legal aid to the poorarticle 43Aparticipation of worker in the management of industriesarticle 48Ato protect the environment and to safeguard forest and wildlife
alladi Krishna Swamy ayyar on DPSP
no ministry responsible to the people can afford light heartedly to ignore the provision in part 4 of the Constitution
Dr. B. R. Ambedkar on DPSP
a government which rest on popular vote can hardly ignore the DP while shaping it's policy.if any government ignore them,it will certainly have to answer for that before the electorate at the election time.
why DPSP non justiciable and legally non enforceable
1) less financial resources2)vast diversity and backwardness in the country would stands in the way of their implementation3) the newly born independent state with its many preoccupation might be crushed under the burden unless it was free to decide the order, time place and mode of fulfilling it
T shah DPSP
1) pious superfluities2) a cheque on a bank payable only when the resources of the bank permit
Nasiruddin DPSP
no better than the new years resolutions, which are broken on the second of jan
T krishnamachari DPSP
a veritable dustbin of sentiment s
k C wheare DPSP
manifesto of aims and aspirationsand opined that they serve as a mere 'moral homily'
Sir Ivor Jennings DPSP
pious aspirations2) based on the political philosophy of the 19th century England3) the ghost of Sydney Webb and Beatrice Webb stalk through the pages of the text4) Fabian socialism without the socialism
N Srinivasan DPSP
neither properly classified nor logically arrangedit mix up relatively unimportant issues with the most vital economic and social questions
k Santhanam DPSP
lead to the Constitutional conflict
procedure of the Constitutional ammendment
1) initiated by bill by either house of the parliament nor by state legislature2) introduce either by a minister or by private member,does not require prior permission of the president3) passed in each house by special majority4) in case of disagreement between the house, no provision of joint sitting5) if the bill seeks to ammend the federal provisions of the Constitution, ratified by the legislature of half of the stats by simple majority6) bill is presented to the president for assent7) president must give his assent to the bill,neither withhold his assent nor return the bill for. reconsideration8) bill become act
special majority in parliament
majority(50%+) of the total member of the house & the majority of 2/3rd of the members of the house present And voting
simple majority of parliament
majority of the members of the house present and voting
provisions which are amendment by special majority
1) FR2) DPSP3) etc(not covered by 1st and 2nd category)
provisions which are amended by special majority of parliament and consent of State s
1) election of president and it's manner2) extent of executive power of the union and the state3) SC and HC4) distribution of legislative powers btw union and state5) any of the list in 7th schedule6) representation of state in parliament7) power of parliament to amend the Constitution and it's procedure (article 368 itself)
features of parliamentary government
1) nominal and real executive(dual executive)2) Majority party rule3) collectively responsibility4) political hegemony5) double membership6) leadership of the PM7) dissolution of the lower house8) secrecy9) fusion of powers
features of presidential government
1) president is head of the State and the head of the govt.2) president is elected by the electoral college for a fixed tenure of 5yrs. can't removed by Congress except impeachment3) president governs by cabinet/ smaller body -kitchen cabinets and consist of non elected departmental secretaries4) president and secretaries are not responsible to the Congress for their act. they neither possess membership in the Congress nor attend it's session5) president can't dissolved the house house of representatives- lower house of the Congress6) doctrine of separation of power is basis of American presidential system. legislative, executive and judiciary are vested in 3 independent organs of the govt
merits of parliamentary system
harmony between legislature and executive,,, responsible government,,, prevent s despotism,,, ready alternate government,,,wide representation
demerits of parliamentary system
unstable government,,,,no continuity of the policy,,, dictatorship of the cabinet,,,against separation of powers,,, government of amateur s
reasons of adopting parliamentary system
familiarity with the system,,, preferences to more responsibility,,,need to avoid legislative executive conflict,,,nature of the indian society
features of the presidential system(in short)
1) single executive2) presiyand legislators elected separately for a fixed term3) non-resposibility4) political homogeneity may not exist5) singe membership6) domination of president7) no dissolution of lower house8) seperation of power
demerits of presidential system
conflict between legislature and the executive,,,non responsible govt,,,may lead to autocracy,,,narrow representation
merits of the presidential system
stable govtdefiniteness in policiesbased on the seperation of powergovernment by experts
distinction between the indian and British parliamentary system model
1) monarchical system2) doctrine of sovereignity of the parliament,,but it is not supreme in India3) pm -menber of lower house,in India any house4) minister- member of parliament,non member for 6 month5) legal responsibility of the minister,,6) shadow cabinet,,,
unitary government in world
Britain FranceChinaJapanItalyBelgiumNorwaySwedenSpain
federal government in world
usSwitzerlandAustraliaCanadaRussiaBrazilArgentina
schedule 1
lists India's state & territories,change in their horses & law used to make that changearticle 1 & 4
schedule 11
panchayat Raj(rural local government)article 243 G73 CA 1992
schedule 12
municipalities (urban local government)article 243W74 CA 1992
schedule 5
provision of administration & control of scheduled areas & SC/ST(area & tribes required special protection)article 244(1)
schedule 6
provisions made for the administration of tribal areas in Assam , Meghalaya, Tripura & mizoramarticle 244(2)article 275(1)
schedule 7
centre, state and concurrent lists of responsibilitiesarticle 246
schedule 8
official languagearticle 344(1)article 351
schedule 9
validation of certain acts and regulationsarticle 31(b)
schedule 10
Anti defecation provisions for member of parliament and state legislaturearticle 202(2)article 191(2)
schedule 4
details of allocation of seats in rajya sabha by state and UTarticle 4(1)article 89(2)
schedule 3
forms of oath-list of oath of office for elected officials and judgesarticle 75(4)99124(6)148(2)164(3)188219
schedule 2
list the salaries of public officials, judges & the comptroller & auditor generalarticle 59(5)65(3)75(6)97125148(3)158(3)165(5)186221
Federal Features of India Constitution
1) dual polity2) written Constitution3) division of power4) supremacy of the Constitution5) rigid Constitution6) independent judiciary7) bicameralism
lengthiest Constitution of the world
IndiaOriginally ( preamble + 395 articles, divided into 22 parts)at present ( preamble+ 465 article,divided into 25 parts + 12 schedule s)
no. of subjects of all 3 lists
union list - 100( original 97)state list - 61 ( 66)concurrent list - 52 (47)residuary subjects - centre
Unitary Features of the. Constitution
1) strong centre2) states not indestructible3) single Constitution4) flexibility of the Constitution5) no equality of State representation6) emergency provisions7) single citizenship8) integrated judiciary9) all India services10) integrated audit machinery11) parliament's authority over state list12) appointment of governors13) integrated election machinery14) veto over state bills
federal states which have dual citizenship
USSwitzerlandAustralia
additional rights as a part of article 21 (1-21)
menaka case.19781) right to live with human dignity2) . .... livelihood3) ....privacy4) ....shelter5) ...health6) ...free education upto 14 yrs age7) .. free legal aid8) ...speedy trial9) ....travel abroad10) .... emergency medical aid11) .....sleep12) .. electricity13)...fair trial14).... information15)... hearing16) .... reputation17) ..... appropriate life insurance policy18).... freedom from noise pollution19) ... social and economic just & empowerment20).... timely medical treatment in government hospital21) right to decent environment including pollution free water & air & protection against hazardous industries
additional rights as a part of article 21 (22-34)
22) right of appeal from a judgement of conviction23) right of prisoner to have necessities of life24) right of women to be treated with decency & diginity25) right against solitary confinement26) .... handcuffing27).. inhuman treatment28)....delayed execution29)... bonded labour30)..custodial harassment32) .... public hanging33)... bar fetters34) right not to be driven out of a state
article 21
available to both citizen & non citizensprotection of life & personal liberty
units of federation
states -. UScantons - Switzerlandprovinces _ Canadarepublic - russia
oldest federation in the world
1787after American revolution (1775-83)
how k c wheeler described Constitution of India
Quasi-federalindian union is a unitary state with subsidiary Federal features rather than a federal state with subsidiary unitary features
bommai case
1994sc - Constitution is Federal- basic feature