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156 Cards in this Set

  • Front
  • Back

A 79

(cub) composition of parliament ( p, ls, rs)

article 80

rs max strength of 250 (238 elected + 12 nominated)

article 84

qualification criteria for MOP

article 102

Disqualification criteria (either House)

A105

Powers, Privileges, Immunities etc. of the HOP, and of members and committees thereof

A108

Joint Seating of both the houses

A111

President give/not give assent
-Can return any bill except money bill

a107

Provision as to introduction and passing of bills

24 th CAA

President need to give assent to CA bill

A110

Definition of Money bills


70 CAA . 1992

SLA included in electoral college (presidential elec)

A53

President => HOS and Ist citizen

A55

Value calculation of votes of MP & MLA (Presi elec)

A61

President => impeach => violation of consti

Part XV

elections to Both houses of Parliament and both houses of State legislature

A75 (3)

COM enjoys majority in LS

67(B)

Resoultion for removal of VP - Simple majority in LS and effective majority in RS

Whose removal by EM ?

VP, SP, Deputy speaker of LS, Dy chairman RS

249 (Special M)

Rs => not less than 2/3 P&V => Parliament => Subject under state listfor period of not more than 1 year

A 312 (Special Majority

RS => Not less than 2/3 P&V => Parlia => AIS


A 368 (Special M)

a) 2/3 P&V


b) majority of TS of house


Where: =>


1) CAA (both separately) 2) Removal of Judge of SC & HC 3) Continunance of NE 4) Creation or Abolition of Legislative council (A169)

A 61 (Special M)

Stiffest majority under Consti - Impeachment of President (Either HOP => Intro (1/4 of TS) => Pass (2/3 of TS ) first house => Pass (2/3 of TS) second house => Presi impeached

A50

Separation of J from E (not E&L)

Keshvananda Bharti Vs SOKerela 1973

1) Basic Structure doctrine


2) SOP - BS


3) 24 th CAA => Conti Valid => CLP => not unlimited => BS


4) earlier part of 25 th CAA => Valid, but not later (as JR took)

Kannadasan Vs SOTN 1996

IC incorportates Doctrine of Checks and Balances on its own

Other consti rights

A265 (Not to be taxed without authority of law)


A308 (Rt to property)


A301 (Interstate trade and commerce)


A326 ( Adult franchise)

3 FRs both against state and Indiv

Untouchability


Exploitation


Freedom of movement

Absolute FR

Rt against untouchability

Grounds for restrictions of FR

S & TI + Security + FR + PO/M/D + Well Being SC/ST + Weaker section (W&C) + Defamation/COC

A13

JR of FR (explicity)

A13(2)

any "LAW" => one or more FR => Unconsti and Void

Shankri prasad vs UOI, 1951

U/A 368 => Parlia => OLP (Outside A 368 => fall within u/a 13(2) ) + CLP (under A 368 => Don't fall U/A 13(2) )

1st CAA

1) Changes to A19 & A31


2) introduce 9th schedule

Golaknath Vs State of Punjab 1967

Overruled => A368 only procedure not power => only OLP

24th CAA, 1971

1) Changed title of A368


2) Intro clause 3 in A368


3) Introduced A13 (4)

What constitute BS

Supremacy of consti + Sov. of I + Wel S + Secularism + D & R form + Parlia form + ROL + SOP + Balance b/w 3 organs + Balance B/W P3 and P4 + Fedralism + JR + Independence of J + F & F elec + FR (A14, 15, 19 & 21)

42 CAA, 1976

1) Intro class 4 (cannot be challanged) & 5 (unlimited) to A 368


2) Amend A31 (c) => DP > 3 FR (Wholesome)

Minerva Mills vs UOI, 1980

1) Struck down Clause 4 (JR) & 5 (Disturbed bOP b/w 3 organs)


2) Changes in A 31(C) by 42 CAA => Unconsti & Void (Balance B/w p3 & 4 distrubed)

A 14-18

Rt to Equality

A19-22

Rt to freedom

A23-24

Right against Exploitation

A25-28

Rt to religious Freedom


A29-30

Cultural and Educational Rights

A32

Rt to constitutional Remedies

A15(1)

Prohibits discrimination discrimination againsts citizens => grounds R, R, C, S or POB

A15(2)

FR to citizens to access public places
Enforceable both against state and indiv


Helps fight untouchability along A 17

A15(3) (4) (5)

Special favours for certain sections
No FR to citizens => Power to state => W, C & BC => Discretion


EPOL

A 15(1) (2)

Equality before law

A15(3)

Provisions for women and children (not "BY law")
Allows sex to be only ground

A15 (4)

By 1 st CAA, 1951


Special Provisions "by law" Socially and educationally backward classes (not private)


A15 (5)

by 93 rd CAA


Special provsisions for S&E backward => Reservations => BC => Education insti only (including pvt)


A16

FR => Citizens => against discrimination in Public employment =

A16(1)

equality of opp. to all citizens in PE

A16 (2)

Not discriminate => Grounds R, R, C, S, Desecent, POB, residence or any of them

A16(1) & (2)

FR against discrimination + obligation on state


EBL

A16 (3) (4) (4A) (4B)

No FR against on citizens


No FR of Reservations (only discretion)


no obligation on state


EPOL

A16 (3)

by law => Residence as sole ground for qualification


provisions under it Can't be permanent

A16(4)

Special Provsisions for BC of citizen in PE

Indira Sawhney vs UOI , 1992 case

Consti validity of R of seats


Consti requirements


economic backwardness cannot be ground


TN reservation policy (69%) => Unconsti & Void

77 CAA, 1995

A16 (4A) => Reservation of promotion for SC/ ST

M Najraj Vs UOI, 2006

Upheld consti validity of A16(4A)


3 consti requirements (1, 2, 5)


117 th CAA bill, 2012

amend A16(4A) => Nothing in A 16 (4) & A 335 shall prevent state from making special provsions in matter of PE for SC & ST

81 CAA, 2000

Introduce A 16(4B) => Vacancies remain separate

IR Coeho & Others Vs So TN, 2007

9th schedule is subject to JR


all enactments on or after 24 april 1973 (BS) => subjected to JR => Prior immunity

State of AP vs P Murlidar rao & others, 2000 case

HR consti valid


reasonable basis

A17

Abolishes Untouchability in all forms

Untouchability (offences) Act, 1955

not stringent enough
bailable offence + Name

Civil rights (protection) Act, 1955

Stringent

A18

Prohibits creation => artificail distinctions


promote social equality

A18 (1)

Prohibits state (not indivi) confer titles in nature of knight hood

Balaji Raghavan VS UOI 1996

Padma awards consti valid


States prohibited not indiv or private org

A18 (2)

Prohibits Indian citizen , titles from foreign states (not foreign awards)

A18 (3)

Prohibits foreigners (in service of gov) recieveing titles from state without conforming Presi

A19 (1)

6 FR (democratic rights) => essential


Citizens only


Automatically suspended during national emergency (war or external agression) | NE, ground armed rebellion (int emerg) => not auto matically but Presi can

A19 (1) A

Freedom of speech and expression


SC => in alienable adjunct to RTL (A21)


Composite right (express, choose, access, elections choice, negative vote-2013, political dissent)

Grounds of Restriction for A19 (1) A

Security, Sov, TI, FR, M , PO, D , general public, privacy, COC, Defamation

A19 (1) B

Assemble peacefully, without arms


Corollary (derived from A19 (1) A)


Same gounds of restriction


A19 (1) C

Associations, unions & cooperatives (97 CAA, 2011)


but not rt to strike (statutory)

CPM vs Bharat Kumar 1998

All Bandh's (Not strikes) illegal

A33

Parlia => by law => can restrict A19 (1) C, to SOS, L &O (P, N, A) => AF, Paramilitary, State police


even CS associted with these forcesdenied

A19 (1) D

FR to movement throughoutm only 1 (within) condition of 3 dimensions (within, abroad, return)


Similary restrictions

A19 (1) E

FR to reside and settle throughout (corollary)

A 19 (1) g

FR to avocation (choose)


State can take over


Not allowed (betting, gambling, lottery, liqour , M lending)

A301

interstate trade and commerce

A 20

all individuals => protection in respect of convictions


cannot be suspended during NE


3 protections (Post facto, double jeopardy, self incrimating evidence)

A 20 (1)

cannot make act as criminal offence with retrospective effect (only criminal leg.) => civil leg. can be give retrospective effect

A 20 (2)

no punsih for same offence twice => only against criminal courts not civil courts and non judical bodies

A 20 (3)

cannot be compelled to witness against himself


Police => can't compel => confection statement => can't use in COl => volunatry before JM ok


Not prohibit police => Can compelling for sign, sample, DNA...


Sehivs vs SO Karnataka, 2010

Polygraph, Brain mapping, Nacro Analysis => Unconsti and Void (violative of A20 (3) & Rt to privacy under A21)

A21

All individuals => Rt to life and personal liberty


(cannot take => without PEBL)


Largest inferred rights


right central


backbone of P3 & P4

Rights under A 21

primary education


privacy


leisure


cruel punsihment


handcuffing


solitary confinement


delayed execution


denial of wages


arbitary dismissal


abroad and return


clean & liveable eniv


livelihood


corruption free admin

Menaka Gandhi vs UOI, 1978

A21 => liberaly and widely interpreted


Inherently principles of NJ (under A 21 & 14) => basic structure


Doctrine of Due process of Law

Rathirum vs UOI, 1994

Rt to life also conferred right to die


Sec 309 as unconsti and void (sucide criminalize)

Gyan Kaur vs SOP, 1996 case

over ruled , NO FR to Die


309 got revived

Aruna Shanbhag vs UOI, 2011 case

Passive ethunasia may be allowed case to basis => Team of expert doctors (P, P , N) + relatives bonafide => bench of HC (not less than 2 judges)


not without legal judicial concern


Recco. => repeal 309

A21 A
all children (6-14) => free and compulsory education

Unnikrishnanan vs Sof AP,1993

RTE as FR under A 21

86th CAA

1) A21 A


2) Amend A45 (early childhood care upto 6 years)


3) 11th FD U/A 51 A => duty of parents/G => 6-14

RTE, ACT 2009

1) F&C E (6-14) - age appropriate


2) Not deny admin due to documents


3) Universal enrollment + complete 8 yrs


4) all pvt. (not minority EI) atleast 25% from weaker sections => state bear expense

National Commission For protection of rights

monitor RTE implementation

A22

Proetction against arrested dentention


Not FR against Arrest


Protections (without informing, not merly on suspision, women, legal practioner, JM, not beyond)


not to enemy areas + preventive dentetion

Protections to PD under A22

1) beyond 3 months => approve by advisory board (HC + 2 retired HC)


2) Inform ground


3) allow present the case asap

A23 (1)

Prohibits trafficking in HB, Begar and other forms forced labour

A23 (2)

exception to A 23(1)


froce in public interest but don't show discrimination on grounds ( R, R, C, Class, or any of them)

A24

Prohibits employment of children (below 14 years) in hazardous industries not in non hazardous

Child Labour (P&R) Act, 1986

14 industries as hazardous

Child Labour (P&R) Act, 1986
2010 amendment

Prohibit => below 14 yrs => household industries

A 25 (1)

FR to religion to all individuals


includes ( C, PPP)

Ruerran Father Stannes law vs State of MP, 1977 case

Propogate (explain) cannot be question


doesnot confer FR to convert other

A26

Rt of religious denomination


includes (establish and maintain,manage, acquire, own - manage property)


reasonable restrictions => grounds (PO & M & Health)

A 27

prohibits tax levy + collection + can't use promo particular religion


Truley spells out secular charater of state


can patronize all religion equally

A 28

Religious teachings


4 cat of EI ( Whole O&M, Private aid, private recog, adim - E or Charitable)


1 - not | 2&3 - can but not compulsory | 4 - compulsory

A29 (1)

Rt to conserve distict language, culture script


both religious and lingustic comm.


importance of composite culture

A 29 (2)

No citizen deny admin => EI => wholly and partially or aid => grounds (R, R, C, Language or any of them)

A 30

Right of minority community


religious and liguistic minority (Not racial or ethinical minority)

A 30(1)

Rt of MC estabish and aminister EI

A 30 (1A)

Rt to property as FR to min. comm


state can over take => due compensation

A 15 (5)

Reservation policy of govt. not applicable to M EI

St. Stephan Colleges vs DU 1992

MEI => can reserved upto 50 % of seats

TMA pai vs SoKar 2002

unaided => free to follow adim policy


A 350

Special directives


any language redressal

A 350 A

Provision for instruction in mother tounge at primary level

A 350 B

President => special officer for lingustic minorities

A 32 (1)

FR to all individuals => approach directly to SC (FR violation)

A 39 (b)

Material resources => benefit all sections

A 39 (c)

Not wealth in fewer hands

A37

DP are not enforceable in COL

25 th CAA, 1971

intro A31 (C) => 2 DP > 3 FR

44 CAA 1978

removed A 31 from FR

A 325

Universal Suffrage
shall not be dinied => grounds ( R, R, C, S or any of them)


prohibits communal electoral rolls

A 326

Adult suffarage (not less than 18 + not disqualified by law on grounds non residence, unsound mind,crime, corrupt practices)

A 327

Power of Parlia => by law regulate => elec to HOP + SL + elec roll prep + Delimitaion

RPA 1950 & 1951
regulates elec roll prep to HOP + SLA elec

A 326

Power on state to regulate all elec to SLA provided parlia has not done so

A 329 (a)

Prohibits courts from interfering in delimitation

A 329 (b)

no elec to HOP or SLA shall be questioned except in manner as provided by law

RPA 1951

ELection petition after dec of results

A 324 (2)

EC => 1 CEC + ECs. as per president

EC Condition of services of ECs & TOB Act 1991

multimember EC

A 324 (4)

President => appoint RECs on advice of Elec comm. on eve of general elec to LS or LA, biennial elc to LC but not for RS elec

73rd & 74 th CAA 1992

1) SEC (constitutional body)

A 324 (1)

Power on EC => S,D,Control of elec roll + S, D, C, Conduct of all elec to HOP + Both SLA + Presi + VP

Kaniya lal omar vs RK Trivedi 1985

COnsti valid of elec symbol order => liberally and widely => restrictions => reserviour


Repower of EC 2002 case

Elec => exclusive domain of EC

UOI vs Association for democratic reform 2002

Candidates disclose

Ramesh dalal vs UOI 2005

Member of Leg. form contesting elec if stands Convicted in COl

Lily Thomas vs UOI 2013

Disqualification U/A A 101 (3) - MP & U/A 190 (3) SL=> automatic + immediate

PU for CL vs UOI 2013

Voter enjoy right to negative vote (A19(1) (1) read with A 21) => EC => Nota

PIL forum vs UOI 2014

Trial courts => of MOP & SLA => within year

92 CAA

add of 4 languages to 8th schedule => 22 languages

5 th schedule

admin and control of schedule areas

A81

Max strength of LS => 550

A352 (8)

1/10 th LS member => writing => disapproving NE => special session within 14 days

A81. 82, 170

Periodic delimitation of LS & LA

Delimitation excercise

1952/61/72/2002

A121

no discussion on conduct of Judge (SC/HC) except for motion seeking its removal