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156 Cards in this Set
- Front
- Back
A 79 |
(cub) composition of parliament ( p, ls, rs) |
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article 80 |
rs max strength of 250 (238 elected + 12 nominated) |
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article 84 |
qualification criteria for MOP |
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article 102
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Disqualification criteria (either House) |
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A105 |
Powers, Privileges, Immunities etc. of the HOP, and of members and committees thereof |
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A108 |
Joint Seating of both the houses |
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A111 |
President give/not give assent |
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a107 |
Provision as to introduction and passing of bills |
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24 th CAA |
President need to give assent to CA bill |
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A110 |
Definition of Money bills
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70 CAA . 1992 |
SLA included in electoral college (presidential elec) |
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A53 |
President => HOS and Ist citizen |
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A55 |
Value calculation of votes of MP & MLA (Presi elec) |
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A61 |
President => impeach => violation of consti |
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Part XV |
elections to Both houses of Parliament and both houses of State legislature |
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A75 (3) |
COM enjoys majority in LS |
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67(B) |
Resoultion for removal of VP - Simple majority in LS and effective majority in RS |
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Whose removal by EM ? |
VP, SP, Deputy speaker of LS, Dy chairman RS |
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249 (Special M) |
Rs => not less than 2/3 P&V => Parliament => Subject under state listfor period of not more than 1 year |
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A 312 (Special Majority |
RS => Not less than 2/3 P&V => Parlia => AIS
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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) |
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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 |
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A50 |
Separation of J from E (not E&L) |
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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) |
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Kannadasan Vs SOTN 1996 |
IC incorportates Doctrine of Checks and Balances on its own |
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Other consti rights |
A265 (Not to be taxed without authority of law) A308 (Rt to property) A301 (Interstate trade and commerce) A326 ( Adult franchise) |
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3 FRs both against state and Indiv |
Untouchability Exploitation Freedom of movement |
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Absolute FR |
Rt against untouchability |
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Grounds for restrictions of FR |
S & TI + Security + FR + PO/M/D + Well Being SC/ST + Weaker section (W&C) + Defamation/COC |
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A13 |
JR of FR (explicity) |
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A13(2) |
any "LAW" => one or more FR => Unconsti and Void |
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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) ) |
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1st CAA |
1) Changes to A19 & A31 2) introduce 9th schedule |
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Golaknath Vs State of Punjab 1967 |
Overruled => A368 only procedure not power => only OLP |
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24th CAA, 1971 |
1) Changed title of A368 2) Intro clause 3 in A368 3) Introduced A13 (4) |
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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) |
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42 CAA, 1976 |
1) Intro class 4 (cannot be challanged) & 5 (unlimited) to A 368 2) Amend A31 (c) => DP > 3 FR (Wholesome) |
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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) |
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A 14-18 |
Rt to Equality |
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A19-22 |
Rt to freedom |
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A23-24 |
Right against Exploitation |
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A25-28 |
Rt to religious Freedom
|
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A29-30 |
Cultural and Educational Rights |
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A32 |
Rt to constitutional Remedies |
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A15(1) |
Prohibits discrimination discrimination againsts citizens => grounds R, R, C, S or POB |
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A15(2) |
FR to citizens to access public places Helps fight untouchability along A 17 |
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A15(3) (4) (5) |
Special favours for certain sections EPOL |
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A 15(1) (2) |
Equality before law |
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A15(3) |
Provisions for women and children (not "BY law") |
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A15 (4) |
By 1 st CAA, 1951 Special Provisions "by law" Socially and educationally backward classes (not private)
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A15 (5) |
by 93 rd CAA Special provsisions for S&E backward => Reservations => BC => Education insti only (including pvt)
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A16 |
FR => Citizens => against discrimination in Public employment = |
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A16(1) |
equality of opp. to all citizens in PE |
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A16 (2) |
Not discriminate => Grounds R, R, C, S, Desecent, POB, residence or any of them |
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A16(1) & (2) |
FR against discrimination + obligation on state EBL |
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A16 (3) (4) (4A) (4B) |
No FR against on citizens No FR of Reservations (only discretion) no obligation on state EPOL |
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A16 (3) |
by law => Residence as sole ground for qualification provisions under it Can't be permanent |
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A16(4) |
Special Provsisions for BC of citizen in PE |
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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 |
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77 CAA, 1995 |
A16 (4A) => Reservation of promotion for SC/ ST |
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M Najraj Vs UOI, 2006 |
Upheld consti validity of A16(4A) 3 consti requirements (1, 2, 5)
|
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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 |
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81 CAA, 2000 |
Introduce A 16(4B) => Vacancies remain separate |
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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 |
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State of AP vs P Murlidar rao & others, 2000 case |
HR consti valid reasonable basis |
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A17 |
Abolishes Untouchability in all forms |
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Untouchability (offences) Act, 1955 |
not stringent enough |
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Civil rights (protection) Act, 1955 |
Stringent |
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A18 |
Prohibits creation => artificail distinctions promote social equality |
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A18 (1) |
Prohibits state (not indivi) confer titles in nature of knight hood |
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Balaji Raghavan VS UOI 1996 |
Padma awards consti valid States prohibited not indiv or private org |
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A18 (2) |
Prohibits Indian citizen , titles from foreign states (not foreign awards) |
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A18 (3) |
Prohibits foreigners (in service of gov) recieveing titles from state without conforming Presi |
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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 |
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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) |
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Grounds of Restriction for A19 (1) A |
Security, Sov, TI, FR, M , PO, D , general public, privacy, COC, Defamation |
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A19 (1) B |
Assemble peacefully, without arms Corollary (derived from A19 (1) A) Same gounds of restriction
|
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A19 (1) C |
Associations, unions & cooperatives (97 CAA, 2011) but not rt to strike (statutory) |
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CPM vs Bharat Kumar 1998 |
All Bandh's (Not strikes) illegal |
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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 |
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A19 (1) D |
FR to movement throughoutm only 1 (within) condition of 3 dimensions (within, abroad, return) Similary restrictions |
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A19 (1) E |
FR to reside and settle throughout (corollary) |
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A 19 (1) g |
FR to avocation (choose) State can take over Not allowed (betting, gambling, lottery, liqour , M lending) |
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A301 |
interstate trade and commerce |
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A 20 |
all individuals => protection in respect of convictions cannot be suspended during NE 3 protections (Post facto, double jeopardy, self incrimating evidence) |
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A 20 (1) |
cannot make act as criminal offence with retrospective effect (only criminal leg.) => civil leg. can be give retrospective effect |
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A 20 (2) |
no punsih for same offence twice => only against criminal courts not civil courts and non judical bodies |
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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...
|
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Sehivs vs SO Karnataka, 2010 |
Polygraph, Brain mapping, Nacro Analysis => Unconsti and Void (violative of A20 (3) & Rt to privacy under A21) |
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A21 |
All individuals => Rt to life and personal liberty (cannot take => without PEBL) Largest inferred rights right central backbone of P3 & P4 |
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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 |
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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 |
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Rathirum vs UOI, 1994 |
Rt to life also conferred right to die Sec 309 as unconsti and void (sucide criminalize) |
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Gyan Kaur vs SOP, 1996 case |
over ruled , NO FR to Die 309 got revived |
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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 |
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A21 A
|
all children (6-14) => free and compulsory education
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Unnikrishnanan vs Sof AP,1993 |
RTE as FR under A 21 |
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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 |
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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 |
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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 |
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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 |
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A23 (1) |
Prohibits trafficking in HB, Begar and other forms forced labour |
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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) |
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A24 |
Prohibits employment of children (below 14 years) in hazardous industries not in non hazardous |
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Child Labour (P&R) Act, 1986 |
14 industries as hazardous |
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Child Labour (P&R) Act, 1986 |
Prohibit => below 14 yrs => household industries |
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A 25 (1) |
FR to religion to all individuals includes ( C, PPP) |
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Ruerran Father Stannes law vs State of MP, 1977 case |
Propogate (explain) cannot be question doesnot confer FR to convert other |
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A26 |
Rt of religious denomination includes (establish and maintain,manage, acquire, own - manage property) reasonable restrictions => grounds (PO & M & Health) |
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A 27 |
prohibits tax levy + collection + can't use promo particular religion Truley spells out secular charater of state can patronize all religion equally |
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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 |
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A29 (1) |
Rt to conserve distict language, culture script both religious and lingustic comm. importance of composite culture |
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A 29 (2) |
No citizen deny admin => EI => wholly and partially or aid => grounds (R, R, C, Language or any of them) |
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A 30 |
Right of minority community religious and liguistic minority (Not racial or ethinical minority) |
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A 30(1) |
Rt of MC estabish and aminister EI |
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A 30 (1A) |
Rt to property as FR to min. comm state can over take => due compensation |
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A 15 (5) |
Reservation policy of govt. not applicable to M EI |
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St. Stephan Colleges vs DU 1992 |
MEI => can reserved upto 50 % of seats |
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TMA pai vs SoKar 2002 |
unaided => free to follow adim policy
|
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A 350 |
Special directives any language redressal |
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A 350 A |
Provision for instruction in mother tounge at primary level |
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A 350 B |
President => special officer for lingustic minorities |
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A 32 (1) |
FR to all individuals => approach directly to SC (FR violation) |
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A 39 (b) |
Material resources => benefit all sections |
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A 39 (c) |
Not wealth in fewer hands |
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A37 |
DP are not enforceable in COL |
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25 th CAA, 1971 |
intro A31 (C) => 2 DP > 3 FR |
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44 CAA 1978 |
removed A 31 from FR |
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A 325 |
Universal Suffrage prohibits communal electoral rolls |
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A 326 |
Adult suffarage (not less than 18 + not disqualified by law on grounds non residence, unsound mind,crime, corrupt practices) |
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A 327 |
Power of Parlia => by law regulate => elec to HOP + SL + elec roll prep + Delimitaion |
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RPA 1950 & 1951
|
regulates elec roll prep to HOP + SLA elec
|
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A 326 |
Power on state to regulate all elec to SLA provided parlia has not done so |
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A 329 (a) |
Prohibits courts from interfering in delimitation |
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A 329 (b) |
no elec to HOP or SLA shall be questioned except in manner as provided by law |
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RPA 1951 |
ELection petition after dec of results |
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A 324 (2) |
EC => 1 CEC + ECs. as per president |
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EC Condition of services of ECs & TOB Act 1991 |
multimember EC |
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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 |
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73rd & 74 th CAA 1992 |
1) SEC (constitutional body) |
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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 |
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Kaniya lal omar vs RK Trivedi 1985 |
COnsti valid of elec symbol order => liberally and widely => restrictions => reserviour
|
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Repower of EC 2002 case |
Elec => exclusive domain of EC |
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UOI vs Association for democratic reform 2002 |
Candidates disclose |
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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 |
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PIL forum vs UOI 2014 |
Trial courts => of MOP & SLA => within year |
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92 CAA |
add of 4 languages to 8th schedule => 22 languages |
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5 th schedule |
admin and control of schedule areas |
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A81 |
Max strength of LS => 550 |
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A352 (8) |
1/10 th LS member => writing => disapproving NE => special session within 14 days |
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A81. 82, 170 |
Periodic delimitation of LS & LA |
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Delimitation excercise |
1952/61/72/2002 |
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A121 |
no discussion on conduct of Judge (SC/HC) except for motion seeking its removal |