Constitut ional Law Law Big Questions: 1. Explain the provisions retaining retaining to appointment, powers and functions functions of President of India. 2. Explain constitution and functions of Supreme Court and high Courts specified in Constitution. 3. How Governor is appointed? What are powers of Governor and grounds of removal of Governor? 4. Briefly explain Legislative Legislative administrative and financial relation between Union and states. 5. Explain the provisions of Trade Commerce and Intercourse with relevant exceptions. 6. Explain the provisions relating to emergency, emergency, it kinds and effects. 7. Explain the procedure of of amendment in the constitution. constitution. 8. Explain the functions fu nctions of Parliament Pa rliament proceedings and powers of speakers of Parliament. Short Answers 1. Election Commissioner. 2. Veto power. 3. Money bill. 4. 5. Financial emergency. 6. Public Service Service Commissions. Commissions. 7. Writs. 8. Parliamentary privilege. 9. Advocate General and attorney General. 10.
Advisory jurisdiction.
Constitut ional Law Law Big Questions: 1. Explain the provisions retaining retaining to appointment, powers and functions functions of President of India. 2. Explain constitution and functions of Supreme Court and high Courts specified in Constitution. 3. How Governor is appointed? What are powers of Governor and grounds of removal of Governor? 4. Briefly explain Legislative Legislative administrative and financial relation between Union and states. 5. Explain the provisions of Trade Commerce and Intercourse with relevant exceptions. 6. Explain the provisions relating to emergency, emergency, it kinds and effects. 7. Explain the procedure of of amendment in the constitution. constitution. 8. Explain the functions fu nctions of Parliament Pa rliament proceedings and powers of speakers of Parliament. Short Answers 1. Election Commissioner. 2. Veto power. 3. Money bill. 4. 5. Financial emergency. 6. Public Service Service Commissions. Commissions. 7. Writs. 8. Parliamentary privilege. 9. Advocate General and attorney General. 10.
Advisory jurisdiction.
11.
Council of Ministers.
12.
Impeachment proceedings.
13.
Rajya Sabha.
14.
Administrative relations.
15.
Financial relations.
*_ ( Law Student Federation )_* Constitutional Law: 1. Explain preamble and features features of Indian constitution. constitution. 2. Explain fundamental right of equality with relevant exception and leading cases. 3. Explain all fundamental freedom guarantee under Article 19 of Constitution with relevant exception and leading cases. 4. Explain the provisions of Directive Principal of State policy and how it defers from fundamental rights. 5. Explain the provision of appointment Powers and Functions of President of India what is procedure of removal of President. 6. Explain constitution and function function of specified in constitution. constitution. 7. Explain administrative legislative and financial relationship between Union and the states. 8. Briefly explain the provision of Trade Commerce and Intercourse with relevant exceptions. Short Type 1. Preamble of constitution. 2. Definition of State. 3. Citizenship. 4. Protection of life and liberty.
5. Freedom against exploitation. 6. Freedom of religion 7. Educational and Cultural rights. 8. Fundamental duties. 9. Writs. 10.
Governor
11.
Emergency
12.
Writs of Hebcas corpus
13.
Double Jeopardy.
14.
Public service commission.
15.
Amendment in constitution.
Directive Principal of State policy in future programme specified in Constitution called as ideals of Constitution. These provisions have been specified from Articles 37-51. There is draft between DIRECTIVE PRINCIPAL and fundamental rights on 3 points. Directive Principal are not enforceable in the court. Fundamental rights are enforceable in the court. There is no legal force in AP. Directive Principal of State policy, in fundamental rights there is legal force. The Directive Principal there is discretionary power of the Government to implement it or not. In fundamental r ights there is no discretion to Government.
PROVISIONS OF DIRECTIVE PRINCIPAL OF STATE Policy: 1. State can enforce any policy for promotion of welfare of the people. 2. State shall grant permission to earn their lively wood. 3. Natural resources to be distributed throughout the country. 4. State to minimize concentration of wealth in hands of few people. 5. There shall be equal pay for equal work for male and female employees. 6. Children under 14 years age not be employed in industry and factory. 7. State to provide nutritious food to poor children in schools and medicine to the needy. 8. Free legal aid to the provided to poor people. 9. State to encourage Gram Panchayat in villages to settle the dispute. 10.
Right to work to be given to all the people above 18 years.
11.
Right to education to be provided to all children from 1st April 2010,
it is a fundamental right. 12.
Maternity benefits to the provided to all working women including
labour category. 13.
Living wages to be given to work men in industries, but in India they
are paid minimum wages. 14.
Workers to be allowed to participate in management policies.
15.
Uniform Civil Court to be brought for all citizens in terms of judiciary.
16.
Free and compulsory education to be provided to all children from
KG to PG. 17.
State to protect economic interest of SC, ST, BC and weaker
sections by providing education and employment, therefore res ervation policy and brought into force. 18.
State to encourage agriculture by providing facilities to farmers.
19.
State to protect historical places, forest and wild life.
20.
Judiciary to be made independent not under pressure of Govt.
21.
State to maintain better relationship with other countries.
22.
State to protect country from and people from internal violence and
external war. This are the provision of Directive Principal and many policies have been implement but some policies have not been implement looking into the cultural demographic requirement of the people and the s tate. Removal of President: It is not impossible even though it is uncommon, President can also be removed all procedure and it is called as impeachment proceeding. Following are the grounds to remove a President. When he became unsound mind person. When there are charges of corruption. When he commit act of grave misconduct. When his term is expired.
In order to remove President there is discussion in Parliament called as impeachment proceeding after discussion voting is done from the members if ¾ majority members vote in favour of removal then only President is remove.
Protecti on of l ife and li berty (20, 21 and 20)
procedure establishment under law. This fundamental right includes following rights. Only case can be booked for crime in law is in force, no case can be booked repelled law. Every person to be given opportunity to prove himself as innocent. Arrested person to be given reason for his arrest. No person to be forced in the court to make incriminating statements. Any case to be proved beyond reasonable doubt. Opportunity to be given to change the advocate or engage more advocates in a case. No trial can be done for more than 1 time for same offence against jeopardy bee nobody can be punished for 2 times for same offence.
When there is no possibility of fair justice then Supreme Court or High Court have power to transfer case from one court to other court. When there is pollution then case can be filed against it under article 21 sect it is violating right to life. No punishment can be given for crime exceeding the limit mention in the section. There is right to every person to do any work and earn lively wood. These are the points covered under protection of life and liberty.
Freedom against exploitation: Exploitation means to take unfair advantage of the situation under section 23 and 24 there is protestation against exploitation is fundamental right. If there is exploitation then there, 11 remedy available under Civil and Criminal Law. 1. Charging heavy rate of interact is exploitation. 2. Taking denotation under influence or pressure. 3. Employment of children under 14 year age. 4. Forcing the children for begging. 5. Forcing women or girl to call immoral activities. 6. Selling the goods in black marketing. 7. Taking excess work without payment of overtime allowances. Therefore, exploitation include many points and effected person can take remedy.
Educational and Cultural Right: There are educational and cultural right to people especially for minorities specified under article 29 and 30, which include following points: Minorities have right to establish education intuitions and provide education in any medium. Management of the institution is carried by Minority person. There is right to minorities to given admission to minority candidates on preference basis and leftover sits they take other candidates. Minority institution have right to frame additional rule. Minority institution can conduct their own examination for entrance.
Cultural Activities In this right citizen can do cultural activities which include international jammer and spokes and to release movies of one contrary in other contrary. These are the educational and Cultural rights of citizen rights. Pardoning power off president Provisionary Estoppels Doctrine of valuable legislation. Write of certiorari Doctrine of Pith submit. Sovereign functions. UPSC Financial Engorges.
Collective responsibility Executive powers. Judicial accountability and judicial raw Court of record. *_ ( Law Student Federation )_* Constituti onal Law 1. Explain provisio n of preamble and feature of Indian Consti tuti on? Ans: Indian constitution come into force from 26th January, 1950 called as republic day. Constitution is the fundamental law of the country Government have to function according to provision of constitution. Preamble of constitution: - Preamble mean introduction or ideals of constitution. If includes following points: 1. Sovereign: It means no other country can interfere in internal matter of India. 2. Secular : This constitution is secular and all citizens have liberty to follow any religion. 3. Democratic: It means all powers are vested in public and they can bring Government of choice by using voting right. 4. Justice: This constitution gives guarantee of Social, Economic and political justices. 5. Opportunity:
This
constitution
gives
opportunity
expression, believe and worships to all the citizens.
of
thought,
6. Unity and integrity: This constitution mentioned unit and integrity of the of the people and the country. Features of Indian Consti tutio n 1. Lengthy:
This constitution is written and lengthily having 395
articles. 2. Rigid: It is rigid or pursuant because there is difficulty in making amendment. 3. Flexible: It is also flexible because amendment can be done according to article 368. 4. Federal: Powers are divided between Union and states. 5. Unitary: When emergency declare then all powers are vested in the Central Gain. 6. Citizenship: In this constitution single citizenship is allow. 7. Fundamental right s: There are many fundamental rights given of citizens. 8. Directive Principles: There are future programmes of Govt specified in constitution called Directive Principle of state policy. 9. Fundamental duties: There are ten fundamental duties for citizens specified under article 51A. 10. Independent Judiciary: S.C and H.C are established under constitution and it is not under pressure of public or the Govt.
11. Powers: It has specified powers of Parliament, Assembly, President and Governors. 12. Relationship: There is relationship between Union and state Union have to help the state whenever it is necessary.
Therefore, this constitution is having all the characteristic. This is details about preamble and features of Indian constitution. * _ ( Law Student Federation )_* Q.2. Explain provisio ns of f undamental right of equality with reasonable restrictio ns and leading cases.
includes following: 1. Equality before Law and protection of Law: All citizens are equal in the eyes of Law there is also equal protection under Law to all the people. Ex: If anybody commit murder, a new born child or minister or a beggar then there is equal punishment under Law Ex: There is theft in hurt or the building police have do the investigation and take the case because law gives equal protection to people.
2. No discrimination o f groun d of sex, caste, communi ty, place of birth and religion: Under this right male as well as female have equal on basis of caste religion. Ex: A women have also right to taken any education or any employment without discrimination. 3. Equality
of
opportunity
in
public
employment:
Public
employment means any service of Govt., Company, Corporation, Institution, opportunity to be given to all eligible candidates. Therefore, possessor is followed to select the candidates, such as notification, examination and interview. 4. Prohibition of untouchability: In olden days there was practice of untouchability people did not give equal treatment to harijans or sudras it has been prohibited by passing untouchability Act. Because there is equality. 5. Ab ol it ion of ti tle: All titles such as Raju, Maharaja, Nawab, King have been abolished because of equality. Exceptions: 1. Immunity: President, Governor and Ambassador are above the Law and there is no equality but it allow. 2. Personal Law: There is separate Personal Law of Hindu and Muslims. Hindu is liable for bigamy, but Muslims is not liable for bigamy which against equality.
3. Reservation Policy: B.C.,S.C., S.T. get education and employment with less performance is against equality. But permission on ground of justification. 4. Welfare Activities: There are some welfare activities for poor people, senior citizens, which is against equality but allowed under law. Ex: Rs. 2 K,G. rice on white ration card, free bus pass girls students, pata to poor people, more interest to senior citizens it is against equality. Rajini Bal V/s Indian Airl ines Corporation There was a rule in Indian Airlines that air hostess cannot continue in service after marriage. This rule was challenged in the court. Court held that it is discrimination between male and female and set-aside the rule. Bombay Education Society V/s State of Maharashtra Court issued a circular that English medium school will not be given grant. When case was filed that court held that grant to given any medium school on grand of equality when it fulfill required condition and circular was set-aside by the court. Balaji V/s State of Karnataka Petitioner was applicant having 80 marks he was not given seat with 80 marks but S.C. candidates having 50 marks got the seat he filed
petition that it is against equality court dismissed the petition on the ground that there is justification. This is details about equality exceptions and relevant cases. *_ ( Law Student Federation )_* Q.3 What fundamental freedoms guaranteed under Act 19 of constitution. Explain your answer with reasonable restrictions and relevant case laws. Ans: Under Article 19 of constitution seven freedoms are given to citizens. This freedom are subject to reasonable restrictions. This freedom are as follows: 1. Freedom of speech and expression: Anybody can deliver public address which is speech expression means writing books, publication of newspaper, movies dramas, called as freedom press or media. Exceptions: I. Defamation of any person or persons is prohibited. II. Speech or expression to encourage for violence or effect unity and integrity of the country is prohibited. 2.
Freedom to form Assembly: Assembly means more number of people come together they can form assembly for lawful purpose. Such as marriage, functions, funeral, public address.
Exceptions: i.
Assembly to do illegal Act called as unlawful assembly is prohibited.
ii. When there is Sec 144 then Assembly is prohibited. 3.
Freedom to form Union or Association: There is freedom to form Union. Which is for indefinite period such employee Union, Auto Union, businessman Union, etc., Exception: 1. ga 2. In public interest govt can prohibited union such as student union.
4.
Freedom to move freely throughout territory of India: It is freedom to people to go from one place to other place without passport and without any reason throughout territory of India. Exception: 1. When there is danger to security than movement can be prevented. 2. When people are going to do illegal Act then it can be prohibited.
5.
Freedom to reside and settle in any part of India: There is freedom to reside temporarily or permanently in any part of the country.
Exceptions: 1. Prostitutes are not allowed to reside in good locality. 2. When there is punishment orders them such person is not allowed to settle at that place. 6.
Freedom to acquire hold and di spose property: Them is freedom to earn the property enjoy it and transfer it. Exceptions: 1. A person have to pay all the law taxes. 2. Govt. can acquire any property for public purposes by paying compensation.
7.
Freedom to practice any pr ofession: There is freedom to every persons to carry on trades business or profession. Exceptions: 1. There should be required qualification 2. It should not be illegal or immoral are prohibited under Law.
Cases: Kaushalya v/s State of U.P.
filed a case that it is here profession court dismissed it on the gro und
Chiranjit lal V/s State of Maharashtr a Petitioner was owner of textile mills and he wanted to closed it Govt. gave directions either to run mills or handover to Govt. The court held that in public interest Govt can acquire property and dismissed the case. Gopalan V/s State of Tamil Nadu Petitioner wanted to publish newspaper but Govt refused a license on the ground that many papers are in circulation the court held it is freedom expression and he should be given licence to publish newspaper. This is details of fundamental freedom exceptions and relevant cases. *_ ( Law Student Federation )_* Q.4. Explain the fundamental right r elating to pr otection o f li fe and liberty with relevant cases. Ans: It is fundamental right of every person to protect his life and liberty under Article 20, 21,22 it includes following points: 1) No life or liberty can be deprived within due procedure established under law. 2) Every person to be given opportunity to prove himself innocent. 3) No case to be booked unless law is enforce. It cannot be booked if law repealed or withdrawn.
4) Any person to be arrested should be reasons for his arrest. 5) No person can be forced in court to give evidence against himself. 6) Court should give opportunity to engage more advocates in same case or change the advocates. 7) Procedure have to be followed when any person is arrested. There is procedure that he should be produce before magistrate for remand within 24 hours. If magistrate give remand then custody can be renewed. If bail is granted then he should be realised from custody. 8) If any arrested person in police custody or jail in sick. Then he should be taken to hospital for treatment. 9) There should not be trail of more than one time or punishment for more than one
10) When any person is in prison and he wants to study or write the books then he should be given opportunity. 11) Nobody can convicted for offence of particular person. Any crime is personal matter and crime buried after death of criminal . 12) When anybody removes from services, then there is violence of right to life and court can order to take him back in the job. 13) When there is excess pollution then it is violating right to life and court gives remedy.
Following are the leading cases relating to protection of life and liberty: Shankeri Prasad V/s Sate of Tamil Nadu There are murder charge against petitioner he was acquitted after trail later on somebody send photograph that he has committee crime and court wants conduct trail again. H.C. applied rule double Jeopardy and directed court not to conduct trail again. Ramakrishna V/s State of U.P. Petitioner was arrested and sent to jail under National Security Act. He filed a case that liberty has been deprived without any procedure Supreme Court held that under National Security Act or Emergency liberty can be deprived without given any reason and this fundamental right not enforceable.
Prabhakar V/s State of Maharashtr a Petitioner was in prison and he wrote a book he wanted to publish the book but it was prohibited by the jail authorities. The court held that this liberty which cannot be restricted. These details about fundamental right of Protection of life and liberty with relevant cases. *_ ( Law Student Federation )_*
Q5. Explain con stit ution and fu nctions of H.C. and S.C. Ans: S.C is highest court of the country. Situated in Delhi. There is one Chief Justice and so other judges in S.C. Chief Justice get 1,20,000 lakhs salary per months and other 1,00,000 salary per month. In addition to this every judges get car, driver, servant security staff, banglow and other facilities appoint all the judges. Following conditions should be fulfilled to appoint S.C. judges. 1. He must be citizen of India. 2. If such person is H.C. Judge then minimum 5 years experience is necessary. 3. Any advocate of S.C. having minimum 10 years standing. Powers of S.C: Following are power of S.C. specified from Article 124 to 145. 1. Original Jurisdiction: Any matter of constitution can be directly filed in S.C it can interpret and enforce any provisions of constitution. 2. Ap pel late-e-Ju ri sdiction: Appeal from every H.C is allowed to S.C. in civil and criminal matters after hearing. There is power of S.C. to confirm, alter and set-aside judgement. 3. Ad viso ry J urisd ic ti on: President have power to take advice of Chief Justice of S.C. in constitutional matter. Such advisor is not banding of president.
4. Writ jurisdiction: A writ can be filed under Article 32 in S.C. for enforcement of fundamental right S.C. can give prop er remedy. 5. Miscellaneous power : 1) Chief Justice administration oath to president of India. 2) S.C. can give direction to H.C. judge of one H.C. to other H.C. 3) On advice of S.C. President can transfer judge of one H.C. to other H.C. 4) It can make rules and regulations for all court in India. 5) It can punish for contempt of court. 6) It can make inspection of work of H.C. Retirement age of S.C. Judge is 65 years. After retirement he should not practices in any court. High Court: 214 to 230 Articles In every state there is a H.C. and it superior court of the state. In every H.C. there is one Chief Justice and no of other judge according to requirement. All judges are appointed by President of India. Chief Justice or H.C. get salary 1,00,000 per months and other judge Rs.80,000 per months. In addition to this every judge can get a car, driver, bungalow, servant and security staff following are condition to appoint H.C. Judge. 1) He must be citizen of India. 2) Judge of District court having minimum 5 years experience. 3) Advocate of the H.C. having (10) years experience.
Powers of H.C.: 1. Original Jurisdiction: Any matter of court citation can be directly filed in H.C it can interpret and enforce any provisions of constitution. 2. Ap pel late-e-Ju ri sdiction: Appeal from District Court, Labour Court, State Tribunal, is allowed to H.C. There is power of H.C. to confirm, alter and set-aside judgement of subordinate court. 3. Ad viso ry Jur is di ction : Governor can to take advice of Chief Justice of H.C. in constitutional matter. It is not banding of Governor. 4. Writ jurisdiction: Under Article 226 writ can be filed in H.C. for enforcement of fundamental right. Appeal from H.C. allowed to S.C. 5. Miscellaneous power : a) Chief Justice of H.C., administration oath to Governor of India. b) H.C. can give direction to district court. c) HC appoints sub-ordinate staff. d) HC Judge make inspection f Sub-ordinate court. e) It can punish for contempt of court. f) HC can transfer sub-ordinate court Judge. g) It can make rules to be followed by all court in state. h) There is power of H.C. to admit appeal from district court and decides it. i) Judgement of H.C to be followed by Sub-Ordinate Court in similar matters.
Retirement of HC 62 years after retirement he can practice only in S.C. and not other court. This is details S.C. and H.C. in constitution.
*_ ( Law Student Federation )_* Q 6. How President is appoint ed? Explain h is po wers and fun ction s. Ans: President is head of Union Govt. President is elected by members of Parliament and State assemblies following conditions to fulfil to appoint President. 1) He must be citizen of India. 2) He should not be employee for any profit. 3) He should not be unsound President get 1.5 lakhs salary per months and in addition to this a Car, driver, bungalow, servant, security staff and other facilities. Term of appoint of President is 5 years. Powers of President: 1) Legislative Power : Any Law enacted by Parliament becomes Act or law only after signature of President. President appoint, Prime Minister, Central Minister, Speaker of Parliament and Vice President, President can remove any minister.
2) Military Power : President has power to order military or defence force. President can declare the war with any country or withdraw the war. 3) Executive Power : President has powers to appoint some administrative officers such as Election Commission, member of U.P.SC, Member of Central Human Right Commission, Minority Commission and finance Commission. 4) Rule Making Power : When parliament not in session and any law is necessary then President can make such law or rule. It is in force for six-month period and after that approval of Parliament is necessary. 5) Emergency Power : President have power to declare emergency in the country. In consultation P.M. and cabinet Ministers. President can also withdrawn the emergency, if govt is not fu nctioning properly
formed. 6) Financial Power : In order to introduce new tax or to borrow loan from Foreign country or to drawn money from consolidated fund of India. Prior permission of President is necessary. 7) Judicial power : President appoint all judge of S.C. and H.C. president can transfer judge of one H.C. to other H.C. President can also remove judge of H.C. or S.C. according to procedure.
8) Miscellaneous powers: a) President administrators oath to S.C. judge. b) President can take explanation about administrative work from P.M. c) President alter or condone punishment given by any court. d) President appoint Governor of every state and transfer Governor from one state to other state. e) President can address members of Parliament. This detail about appointment and powers of President in Indian Constitution. *_ ( Law Student Federation )_* Q 7. Explain various pr ovisio ns enshrined in cons tituti on relating t o relationship between Union and States. Ans: There is relation between Union govt and State Govt., which is legislative, administrative, financial. It is specified from Articles 245 to 263 of the constitution. It includes following points. 1) Law of Central Govt: When Parliament pass any Act then all state have to abolished it because there is legislative relationship. 2) Admi ni st rat ive Off ic ers: Central Govt. appoint I.A.S. and I.P.S. officers in all superior departments in the state to carry administration. It is called as administrative relationships.
3) Representati ve from t he States: They are elected from the states has
members
of
Parliament.
Therefore
all
states
have
representation in Parliament. 4) Governor : Central Govt. appoint Governor in every state and state govt have to cooperate with Governor. 5) Taxation: There are some taxes collected in the state by Central Govt. such as I.T., excise duty, custom duty and central sales tax, it is financial relation between Union and State. 6) Disputes between states: When there is disputes between status
dispute. 7)
: When any Govt is not functioning properly in the
rule till new Govt. is formed. 8) Discussio n of State Matter : There is power of Union or Parliament to discuss any important matter of the state and take decision. 9) Financial Assis tance: When there is any problem in the state such as Earthquake, flood, drought, storm, then C.M of State can demand financial assistance from Union and it has to give it. By above appoints it is clear that there is legislative, administrative
*_ ( Law Student Federation )_*
Q 8. What are constitut ional provi sions relating to t rade, commerce and intercourse and relevant exception s to it ? Ans: Them is freed trade, commerce and transportation throughout territory of India. Regional restrictions are allowed in trade. Commerce and Transportation. These restrictions are specified from article 301 to 307 of constitution. Which are as follows: 1) Income Tax: When any trade or commerce is done and income exceeds permissible limit then party have to pay income tax. 2) Sales Tax: When there is sale of the goods then seller have to pay sales tax unless goods are exempted from sales tax. 3) Turn over Tax: When the total transaction is 40 lakhs are above then party have to pay TOT tax. 4) Entry Tax: When goods are brought from any for sale within municipal limit then party have to pay entry tax. 5) Excise Duty: When there is manufacturing of goods then manufacturer have to pay excise duty. 6) Customs Duty: When goods are brought from other country in India. Then party have to pay customs duty. 7) Entertainment Tax: When anybody is running theatre business then he has to pay entertainment tax. 8) Permit: There should be permit of one or more states to a truck. Entry of any truck without permit is prohibited.
9) Licence: In order to start any business licence is necessary such as municipal licences, sales tax licences. 10)
Professional Tax: Professional Tax have to be paid by all
small businessman and service people. These are reasonable restrictions even though trade, commerce and transportation is allowed freely throughout territory of India. Short Answers: 2) Citizenship : It is necessary to live in India for indefinite period. Detail of citizenship is from article 5 to 11 of constitution. It is acquired by following methods. 1) By Birth: When child takes birth in India then by birth he get citizenship. 2) By Parents: Child may take birth in any country. Parents can brings the child because they are the citizens of India. 3) By marriage: When girl of any country perform marriage with boy of India. Then she gets citizenship. 4) By An nexation (Attached): When any territory is attached with India. Then all people in the territory acquired citizenship. 5) By Resident 15 years: Citizen can enjoy all fundamental rights, get any education, job, right to voting, right to contest election and future generation get citizenship.
3) Definition of state: The term state has been defined under article 12 state is having fixed territory and population with in the territory state includes followings points. 1) All Central govt and state govt Department. 2) Defence force of India. 3) All the courts in India. 4) All Public companies, corporation and institutions. 5) All Banks, Universities, Educational Institution, Zila Parishad and Municipal Corporations. 6) Railway, State Transports, Airlines, come under definition of state. When any case, is filed, against above authority, then state is one of the party state does not includes shops and private industries.
4. Doctrine of Judicial Review: Judicial review means of reconsider same matter. W hen there is error in judgment, then some court or superior court can make judicial review. It includes following point: 1) Party have to file petition for Judicial review. 2) It can be done by same court or superior court. 3) Copy of judgement to be enclosed with review petition. 4) Errors or mistakes to be mentioned in the petition.
5) Judge make hearing of both sides. 6) Judge have power to reconsider the judgement and declare new judgement by rectification of errors. 7) H.C. and S.C can overrule, earlier judgement under judicial review. Therefore, purpose of Judicial review is to rectify the errors in applications of law. 5. Fundamental duti es: In 1976 there was 42 amendments and article 51A have been added and Ten fundamental duties have been mentioned for citizens. Which are as follows: 1) To respect national flag. 2) To respect national anthem. 3) To respect women and mentioned there dignity. 4) To protect public and private property from violence. 5) To protect all the animals. 6) To protect all the forest. 7) To protect historical places. 8) To maintain healthy environmental. 9) To preserve human values. 10)
To develop science and technology.
6. Doctrin e of eclipse: Any bill to be passes by Lok Sabha and Rajya Sabha and it should be signed by President of India then is becomes law or the Act. Doctrine of eclipse includes following points: 1) Bill is passed in Lok Sabha by majority. 2) Bill to be sent to Rajya Sabha for discussion and to pass it. 3) Rajya Sabha can return the bill with commendation. 4) Lok Sabha can again consider the recommendations and pass the bill. 5) When Rajya Sabha reject the fill or did not pass, then Doctrine of eclipse applicable. Such bill cannot become the law, according rule of Doctrine of eclipse. 7. Publi c Service Commissi on:
1) Union Public Service Commission. 2) State Public Service Commission.
UPSC: UPSC is having one Chairperson and five other members appointed by President of India. If conduct all India level examinations for I.A.S and I.P.S and select the candidates by conducting interview and
recommend to the Govt. For their appointment Central Govt appoint them on Superior post in various states.
: It is every state. There is one Chairperson and five members. This commission also conduct examinations, interview and recommend the candidates for various administrative posts in the state.
8. Emergency: President have power to declare emergency in the country or president rule in the state. In consultation with Prime Minister and Cabinet
1) Emergency because of War 352 Article. 2) Emergency because of internal disturbance 356. 3) Financial emergency 360. When India declare war on other country declare war with. India, then this emergency can be declare. In 1962 there was War with china and in 1971 war with Pakistan and this emergency was declared. When there is disturbance in many parts of the country. Then this emergency can be declared. In 1977 election of Ind ira Gandhi declare has
invalid by Allahabad High Court and there was disturbance in many parts of the country. Then this emergency was declared. Financial emergency declare when money value come down, inflation increase and economic crime increase. Then it can be declares so far this emergency was not declares in India. Effect of emergency is all fundamental right. Suspending and no wr it petitions can be filed in court. It is like dictatorship in the country. For the security of people and the country.
9. Amendment in const ituti on: It can be done according to article 368. It includes following points: 1. Drafting of bill: Legal expert draft the bill according to direction ministry. 2. Introduction in Lok Sabha: Speaker of Parliament writ the bill in Parliament for discussion and debate. 3. Al ter nat ion: If member subject any alteration or change in bill then they do it. 4. Second reading: After alternation again there is second reading of the bill. 5. Voting: There is voting on the bill and more than 50% members have to vote in favour of the bill then it is passed in Lok Sabha.
6. Introduc tion in Rajya Sabha: When Lok Sabha pass the bill then it is introduce in Rajya Sabha for discussion again there is voting Rajya Sabha and more than 50% members have to vote in favour of bill. Then it is passed in Rajya Sabha 7. Signatur e President: When both house passed a bill then it is send for signature of the President. After signature of President bill is passed and there is amendment in constitution. 10. Writs: Under Ar ticle 226 writ can be filed in H.C. and under Article 32 in S.C. for enforcement of Fundamental Right. There are five kinds of Writs. 1) Writs of habeas-corpus: When there is arrest and detention done by Public authority or Private party. Contrary to law or procedure then this writ can be filed. Ex: Police officers arrest a person and keep in custody for our weak without taking remand from court. According to producers arrested person should be produce before magistrate within 24 hours. There is violence of Producer and habeas corpus. Court may order to realise arrested persons. 2) Writs of Maritimes: This writ is to force public officers to do legal duty. When any public officer or department is not doing legal duty
or causing unreasonable delay to do the duty. Then court may pass order to do it. Under this writ. Ex: A have applied to M.C. permission for construction of house if permission not given without reason then court may order to give permission and to do legal duty. 3) Writ of prohibition: This is judicial writ available from S.C. against H.C. and H.C. from against Sub-ordinate court. When any court entertain any case without justification then it is prohibited. Ex: A Civil judge entertain taxation matter. There is no jurisdiction of Civil and it is prohibited under this writ. 4) Writ of certiorari: This writ is also judicial unit. When any judge is violating principal of natural justice. Then case is transferred to other judge or other court under this writ. Ex: Judge is relative of Advocate or the party appearing in that case under this writ case will be transferred to other judge or other court. 5) Writ of Quo-Warranto: When any public officers misuse his power or do ultra vireos Act then it is control under this writ. Ex: Principal of a college agave admission without following reservation rule this is misuse of power and all admission can be cancelled under this writ. Therefore all this writs are to enforce F.R.
11. Kinds of cons tituti on: There are different kinds of constitution. 1. Written
constitution
and
unwritten
constitution:
When
any
constitution is written and it is clean on record then it is written constitute our constitution 2. Federal Constitution: In this constitution powers are divided into Union and the states. India constitution is federal. 3. Unitary Constitution: In this constitution all powers are vested in Central Govt. And state had no powers or limited powers. 4. Communist Constitution: This constitution is China and there is very less gap between rich and poor. A limit is given for property and excess property is taken way by the Govt. 12. Governor : He is the head of state Govt. appointed by President for five years terms. President can remove governor at any time without giving any reason. Governor get 1.25 lash salary and in addition to Bungalow, car, staff, driver etc.
Powers of Governor: 1) Executive Powers: He appoint some executive such as ViceChancellor of Universities in the State, Members of State Public Service Commission, Members of State Women Right Commission.
2) Judicial Powers: He administrative oaths to all H.C. Judges. He can suspend appointment given by any court. 3) Legislative Powers: Any bill passed by assembly becomes laws after signature of Governor. 4) Advisory Powers: Governor can take advice of Chief Justice of H.C. in constitutional matters of Govt. Such advice in recondatory for Governor. 13. Educational rig ht of Minorities: Minorities have following educational right under article 29 and 30. If include Muslim Minorities and Christian Minorities. This right are as follows: 1) They can establish educational institutions and give education in any medium. 2) Then can do management of education institution. 3) They have right to do admissions to their own student and if seats are vacant then they can give admission to others. 4) They can performance to their own people in employment. 5) They can make additional rules and regulations. 6) They can conduct their own entrance. These rights are given to Minorities to promote their education.
14. Freedom of Relig ion: There F.R of religion to all the citizens mentioned from Articles 25 to 28 of constitution. It includes following points. 1) Citizens have right to profess religion of their choice. 2) There is right to make conversion of religion. 3) There is right to publish book articles relating to religion. 4) There is right to deliver public addresses relating to religion. 5) There is right to perform religion ceremony. 6) Right to take religion procession. 7) Right to establish religion institution. 8) Right to create trust for religious purpose. 9) Right to give donation for religious purpose. 10)
Right to perform marriage in any caste or religion.
16. Directi ve Principles of State Policy:
There are number of directive principle specified from Article 37 to 51. These are future programmes which govt may implement but can challenged if not implemented. These provisions are as follows: 1) State can make the scheme for welfare of the people. 2) Equal pay to be given for equal work. 3) Maternity benefit to be given to women workers.
