Contents

CHAPTER 1

INTRODUCTION

· What is Constitution?

1

Q. Define Constitution

1

· Is Indian Constitution Federal?

1

Q. What are the federal features of Indian Constitution?

2

CHAPTER 2

SALIENT FEATURES OF THE INDIAN CONSTITUTION

Q. What are the salient features of Indian Constitution?

4

CHAPTER 3

THE PREAMBLE OF CONSTITUTION

Q. Define Preamble

7

¨ Ingredients of the Preamble

8

Q. What are the ingredients of the Preamble

8

· Preamble as Part of the Constitution

8

Q. Whether Preamble is a part of the Constitution?

8

¨ Objectives enshrined in the Preamble

8

1. Sovereign

8

Q. Define Sovereignty

8

2. Socialist

8

Q. Define Socialist

8

3. Secular

8

Q. Define Secularism

8

4. Democratic

9

5. Republic

9

6. Justice

9

7. Liberty

9

8. Equality

9

9. Fraternity

10

¨ Amendment to the Preamble

10

Q. Define Amendment procedure of the Preamble

10

CHAPTER 4

THE UNION AND ITS TERRITORY

· Article 1. Name and Territory of the Union

11

· Article 2. Admission or establishment of new States

11

· Article 3. Formation of new States and alteration of areas, boundaries or names of existing States

12

· Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First Schedule and the Fourth Schedule and supplemental, incidental or consequential matters

13

CHAPTER 5

CITIZENSHIP

1. Citizenship by Domicile

14

Q. Define citizenship by domicile

14

2. Citizenship of Migrants to India from Pakistan (Article 6)

15

3. Citizenship of Migrants to Pakistan (Article 7)

16

4. Citizenship of Persons of Indian origin residing outside India (Article 8)

16

· Article 9 - Person voluntarily acquiring citizenship of a foreign State not to be citizens

16

· Article 10 - Continuance of the rights of citizenship

16

· Article 11 - Parliament to regulate the right of citizenship by Law

16

¨ Citizenship Act, 1955

16

Q. Define provisions under Citizenship Act, 1855

16

1. By Birth

16

2. By Descent

17

3. By Registration

17

Q. Define Registration

17

4. By Naturalisation

17

Q. Define Naturalisation

17

5. By Incorporation of Territory

18

¨ Loss of Citizenship

18

Q. Define modes of loss of citizenship

18

1. By Renunciation

18

2. By Termination

18

3. By Deprivation

18

¨ Overseas Citizenship or Double Citizenship

19

¨ Can a Juristic person, company be a citizen of India

19

¨ One Citizenship in India

19

CHAPTER 6

FUNDAMENTAL RIGHTS

¨ Positive and Negative Rights

20

Q. Define State

21

¨ The Judiciary

23

¨ Clause (1). Existing Laws

25

(a) No Retrospective Effect

25

(b) The Rule of Severability

26

Q. Define the rule of severability

26

(c) The Doctrine of Eclipse

27

Q. What is doctrine of eclipse?

27

¨ Clause (2). Future Law

27

¨ Does the doctrine of eclipse apply to a post-constitutional law

27

Q. What are the post-constitutional law?

27

· Doctrine of Waiver

28

Q. Define doctrine of waiver with leading cases

28

CHAPTER 7

RIGHT TO EQUALITY

¨ Right to Equality and Equal Protection of Laws (Article 14)

29

Q. What is the difference between equality before law and equal protection of law?

29

· Legislative Classification

30

Q. Define legislative classification

30

· Test of Reasonable Classification

30

Q. Define guidelines enumerated in Ram Krishna Dalmia v. Delhi Admn

31

· New Approach to Equality

31

Q. Explain the E.P. Royappa case

31

Q. Explain the guidelines in case Vishaka case

33

· Equal Pay for Equal Work

34

Q. What is equal pay for equal work?

34

¨ Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)

34

Q. Explain article 15

34

· On ground 'only'

36

Q. Define Indra Sawhney case

37

Q. What is backward or more backward classes?

37

¨ Equality of Opportunity in matters of public employment (Article 16)

39

Q. Define Article 16

39

Q. Explain the guidelines given by the Supreme Court in Indira Sawhney case

42

¨ Abolition of untouchability (Article 17)

45

Q. Define Article 17

45

¨ Abolition of Titles (Article 18)

45

Q. Define abolition of titles

45

CHAPTER 8

RIGHT TO FREEDOM

· Article 19. Protection of certain rights regarding freedom of speech etc

47

· Reasonable Restriction

49

¨ Freedom of speech and expression [Articles 19(1)(a), 19(2)]

49

Q. Explain the freedom of speech and expression

49

· Freedom of Propagation and Circulation

50

Q. What is freedom of press?

50

· Commercial Advertisements

50

· Freedom of Press

50

· Right against Tapping of Telephone Conversation

51

Q. Explain the right against tapping of telephone conversation

51

· Right to Fly National Flag and Sing National Anthem

51

· Right to Silence

51

· Right to Vote

51

Q. Define right to vote

51

· Right to Travel Abroad

52

· Censorship of Films

52

· Right to Telecast

52

· Right to Know

52

· Right to Information Act, 2005

52

Q. Explain the salient features of RTI, 2005

52

· Picketing, Demonstration and Strike

53

· Grounds of Restrictions

53

Q. What are the grounds of restriction under Article 19(2)?

53

¨ Freedom to Assemble [Article 19(1)(b), Article 19(3)]

53

¨ Freedom to form Association or unions [Article 19(1)(c), Article 19(4)]

54

¨ Freedom of Movement [Article 19(1)(d), Article 19(5)]

55

· Grounds of Restrictions

56

¨ Freedom of Residence, Articles 19(1)(e) and 19(5)

56

¨ Freedom of Profession, Occupation, Trade or Business Articles 19(1)(g) and 19(6)

57

Q. Explain the freedom of profession with the help of relevant cases

57

¨ Protection in respect of conviction for offences (Article 20)

58

· Article 20. Protection in respect of Conviction for offences

58

1. Ex post facto law: Article 20(1)

58

Q. Explain ex post facto law with the help of leading cases

58

2. Double Jeopardy Article 20(2)

59

Q. Define Double Jeopardy

59

· Prohibition against Self-incrimination - Article 20(3)

61

Q. What are the rights of an accused under Article 20(3)

61

(i) Accused of an offence

61

(ii) To be a Witness

62

(iii) Compulsion to give evidence "against himself"

62

¨ Protection of life and Personal Liberty (Article 21)

63

· Article 21. Protection of life and personal liberty

63

Q. Explain the facts in A.K. Gopalan case

63

· Right to Die Not included in article 21

67

Q. Whether right to die is included in right to life? Explain with the help of case laws

67

· Right to Education

68

Q. Define right to education

68

· Procedure Established by Law

70

¨ Right to Education (Article 21A)

70

¨ Prohibition against arrest and detention (Article 22)

70

Q. What is the difference between procedure established by law and due process of law?

70

Q. What are the rights of accused person under article 22?

72

¨ Preventive Detention laws (clauses 4 to 7)

73

Q. Explain preventive detention laws

73

CHAPTER 9

RIGHT AGAINST EXPLOITATION

· Article 23. Prohibition of traffic in human being and forced labour

75

(a) Begar

75

Q. What is Begar?

75

(b) Traffic in human beings

76

(c) Forced Labour

76

· Clause 2 of 23

76

· Article 24. Prohibition of employment of children in factories etc

76

Q. Explain Article 24

76

CHAPTER 10

RIGHT TO FREEDOM OF RELIGION

· Article 25. Freedom of Conscience and free profession, practice and propagation of religion

78

Q. Explain right to freedom of religion

78

· Restrictions on Freedom of Religion

79

Q. What are the restrictions on freedom of religion?

79

· Article 26. Freedom to manage religious affairs

80

· Article 27. Freedom as to payment of taxes for promotion of any particular religion

81

· Article 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

81

CHAPTER 11

CULTURAL AND EDUCATIONAL RIGHTS

· Article 29. Protection of interests of minorities

82

Q. What are the cultural and educational rights?

82

· Article 30. Right of minorities to establish and administer educational institution

83

Q. Define the rights of minorities with the help of cases

83

CHAPTER 12

SAVING OF CERTAIN LAWS

· Article 31C. Saving of laws giving effect to certain directive principles

85

CHAPTER 13

RIGHT TO CONSTITUTIONAL REMEDIES

· Article 32. Remedies for enforcement of rights conferred by this Part

87

Q. What are the constitutional remedies?

87

Q. Define PIL with the help of case laws

88

· Article 33. Power of Parliament to modify the rights conferred by this part in their application to Forces etc

88

Q. What are the powers of Parliament relating to Forces?

88

· Article 34. Restriction on right conferred by this Part while martial law in force is in any area

89

·  Article 35. Legislation to give effect to the provisions of this Part

89

CHAPTER 14

DIRECTIVE PRINCIPLES OF STATE POLICY

· Article 36. Definition

91

Q. Define the fundamentals in the governance of the country

91

· Article 37. Application of the principles contained in this Part

91

· Article 38. State to secure a social order for the promotion of welfare of the people

92

· Article 39. Certain principles of policy to be followed by the State

92

· Article 39A. Equal justice and free legal aid

93

Q. Define equal justice and free legal aid

93

· Article 40. Organisation of village panchayats

93

Q. Explain the organisation of village panchayat

93

· Article 41. Right to work, to education and to public assistance incertain cases

93

· Article 42. Provision for just and humane conditions of work and maternity relief

93

· Article 43. Living wages etc., for workers

94

Q. Explain the living wages for workers

94

· Article 43A. Participation of workers in management of industries

94

· Article 44. Uniform civil code for the citizens

94

Q. Define uniform civil code with the help of decided cases

94

· Article 45. Provision for early childhood care and education to children below the age of six years

94

· Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

95

· Article 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health

95

· Article 48. Organisation of agriculture and animal husbandry

95

· Article 48A. Protection and improvement of environment and safe-guarding of forests and wild life

96

· Article 49. Protection of monuments and places and objects of national importance

96

· Article 50. Separation of Judiciary from executive

96

· Article 51. Promotion of international peace and security

97

¨ Relation between Fundamental Rights and the Directive Principles

97

Q. Explain the relation between fundamental rights and DPSP and also explain the supremacy over the other

97

CHAPTER 15

FUNDAMENTAL DUTIES

¨ Article 51A. Fundamental Duties

99

Q. Explain the fundamental duties

99

Q. Whether the fundamental duties enforceable on not?

100

CHAPTER 16

THE UNION EXECUTIVE

¨ (A) the President

101

•  Article 52. The President of India

101

Q. Who is the executive head of the State?

101

•  Article 53. Executive power of the union

101

Q. What are the executive powers of the union?

101

•  Article 54. Election of President

102

Q. Define the process and manner of election of President

102

• Article 55. Manner of election of President

102

• Article 56. Term of office of President

103

Q. Define terms, eligibility and qualification for election as President

103

•  Article 57. Eligibility for re-election

103

•  Article 58. Qualification for election as President

103

•  Article 59. Conditions of President's office

103

•  Article 60. Oath or affirmation by the President

104

• Article 61. Procedure for impeachment of the President

104

Q. What is the procedure for impeachment of the President?

104

• Article 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

105

•  Article 361. Protection of President

105

¨ (B) The Vice-President

106

Q. Define Vice-President and also explain election, terms and qualification required for Vice-President

106

•  Article 63. The Vice-President of India

106

•  Article 64. The Vice-President to be ex-officio Chairman of the Council of States

106

• Article 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President

106

• Article 66. Election of Vice-President

106

•  Article 67. Terms of office of Vice-President

107

• Article 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

107

•  Article 69. Oath or affirmation by the Vice-President

108

•  Article 70. Discharge of President's functions in other contingencies

108

• Article 71. Matters relating to, or connected with, the election of a President or Vice-President

108

¨ Powers of the President

109

Q. What are the powers of the President?

109

•  Executive Powers of President

109

Q. Explain the pardoning power of President with the help of decided case laws

110

•  Legislative Power of the President

110

Q. Explain the ordinance making power of President

111

•  Article 73. Extent of executive power of the Union

112

¨ (C) Council of Ministers

113

Q. Define the election of Prime Minister and other Ministers

113

•  Article 74. Council of Ministers to aid and advice President

113

•  Article 75. Other provisions as to Ministers

113

Q. Explain in detail the S.R. Bommai case

114

• Article 78. Duties of Prime Minister as respects the furnishing of information to the President etc

115

Q. What are the duties of Prime Minister in respect of President?

115

¨ (D) Attorney-General For India

116

Q. Explain the Attorney-General of India

116

•  Article 76. Attorney-General

116

•  Article 77. Conduct of business of the Government of India

116

CHAPTER 17

THE PARLIAMENT

•  Article 79. Constitution of Parliament

118

Q. How Parliament in constituted under article 19?

118

•  Article 80. Composition of the Council of States

118

Q. Explain the composition of council of States

118

•  Article 81. Composition of the House of the People

119

Q. Explain the composition of the House of the People

119

•  Article 82. Readjustment after each census

120

•  Article 83. Duration of Houses of Parliament

120

•  Article 84. Qualification for membership of Parliament

120

Q. Explain the qualification for membership in Parliament

120

•  Article 85. Sessions of Parliament, prorogation and dissolution

121

Q. Define the different sessions in Parliament with relevant case laws

121

•  Article 86. Right of President to address and send messages to Houses

121

Q. Explain the office of Chairman and Deputy Chairman in council of States

122

•  Article 87. Special address by the President

122

Q. When President address the said Houses of Parliament?

122

•  Article 88. Rights of Ministers and Attorney-General as respects Houses

122

¨ Officers of Parliament

122

(A) Chairman/Deputy Chairman

122

Q. Explain the office of Chairman and Deputy Chairman in Council of States

122

•  Article 89. The Chairman and Deputy Chairman of the Council of States

122

•  Article 90. Vacation and resignation of, and removal from the office of Deputy Chairman

122

•  Article 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, chairman

123

Q. Define procedure for removal of the Chairman and Deputy Chairman?

123

• Article 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

123

(B) Speaker/Deputy Speaker

123

•  Article 93. The Speaker and Deputy Speaker of the House of the People

123

Q. How are the Speaker and Deputy Speaker appointed in the House of the People?

123

• Article 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

123

• Article 95. Power of the Deputy Speaker, or other person to perform the duties of the office of, or to act as, Speaker

124

• Article 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

124

• Article 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

124

Q. Explain Speaker Protem

125

•  Article 98. Secretariat of Parliament

125

¨ Conduct of Business

125

•  Article 99. Oath or affirmation by members

125

•  Article 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

125

¨ Disqualification of members

126

•  Article 101. Vacation of Seats

126

•  Article 102. Disqualifications for membership

126

Q. What are the disqualifications for membership to remove office?

126

Q. Explain the office of profit with the help of leading case laws

127

•  Article 103. Decision on question as to disqualifications of members

128

•  Article 104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified

129

¨ Powers, Privileges, and Immunities of Parliament and its Members

129

• Article 105. Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof

129

Q. What are the powers and privileges of the member of Parliament?

129

¨ Parliamentary Privileges and Fundamental Rights

130

•  Article 106. Salaries and allowances of members

130

¨ Legislative Procedure Articles (107-117)

131

•  Article 107. Provisions in to introduction and passing of Bills

131

Q. What are the ordinary bills and what is the procedure of introduction and passing of bills

131

•  Article 108. Joint Sitting of both Houses in certain cases

131

Q. When is the joint sitting of both Houses conducted by President

131

•  Article 109. Special Procedure in respect of Money Bills

133

•  Article 110. Definition of "Money Bills"

133

Q. Explain "Money Bills" what is the procedure for introduction and passing the Money Bills?

133

•  Article 111. Assent to Bills

134

•  Article 117. Special provisions as to financial Bills

134

•  Distinction between Money Bills and Financial Bills

134

Q. Explain the distinction between Money Bills and Financial Bills

134

Q. Define Budget

135

•  Article 120. Language to be used in Parliament

137

•  Article 121. Restriction on discussion in Parliament

137

•  Article 122. Courts not to inquire into proceedings of Parliament

137

Q. Explain Public Accounts Committee

138

Q. Explain Estimate committee

138

¨ Comptroller and Auditor-General of India (Articles 148-151)

139

• Article 148. Comptroller and Auditor-General of India

139

Q. Discuss in detail the office of CAG

139

• Article 149. Duties and powers of the Comptroller and Auditor-General

139

• Article 150. Form of accounts of the Union and of the States

139

•  Article 151. Audit reports

139

CHAPTER 18

THE UNION JUDICIARY

•  Article 124. Establishment and Constitution of Supreme Court

140

Q. How is Supreme Court established and constituted? Explain its detail with the help of case law

140

Q. What is the procedure to remove the judges?

143

• Article 128. Retired Supreme Court Judge

144

• Article 129. Supreme Court to be Court of Record

145

Q. What is court of record?

145

• Article 130. Seat of Supreme Court

146

¨ Jurisdiction of the Supreme Court

146

(A) Original Jurisdiction

146

Q. Explain the original jurisdiction with the help of case laws

146

• Article 32. Enforcement of Fundamental Rights

147

(B) Appellate Jurisdiction

147

• Article 132. Appellate jurisdiction of Supreme Court in appeals from High Courts incertain cases

147

• Article 133. Appellate jurisdiction of Supreme Court in appeal from High Courts in regard to civil matters

148

Q. What is the appellate jurisdiction of Supreme Court in civil cases as well in criminal cases?

148

• Article 134. Appellate jurisdiction of Supreme Court in regard to criminal matters

149

• Article 134A. Certificate for appeal to the Supreme Court

150

• Article 135. Jurisdiction and powers of the Federal Court

151

• Article 136. Special leave to appeal by the Supreme Court

151

Q. What is Special Leave Petition? Define with the help of case laws

151

Q. What are the guidelines which are enumerated with the Jagdish Chanana case?

152

• Article 143. Power of President to consult Supreme Court

154

Q. Explain the power of the President to consult Supreme Court? Also explain the leading case laws

154

• Article 141. Law declared by the Supreme Court to be binding on all courts

156

Q. Define the principle given in the Bengal Immunity case by Supreme Court

156

• Article 137. Review of judgements or orders by the Supreme Court

156

Q. Whether Supreme Court can review its judgments or orders?

156

• Article 138. Enlargement of the jurisdiction of the Supreme Court

156

• Article 139. Conferment on the Supreme Court of powers to issue certain writs

157

• Article 139A. Transfer of Certain cases

157

Q. What type of cases can be transferred from one High Court to another?

157

• Article 140. Ancillary powers of Supreme Court

157

• Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

157

• Article 144. Civil and judicial authorities to act in aid of the Supreme Court

158

• Article 145. Rules of court, etc

158

CHAPTER 19

THE STATES

Q. Explain Governor, appointment of Governor and qualifications

160

Q. How can the Governor be removed from his office?

160

Q. Explain in details the powers of the Governor

161

Q. What is the difference between the pardoning power of the President and the Governor?

162

Q. Explain the ordinance-making power of Governor

162

Q. Explain the Council of States and what type of relationship exist between the Governor and tge Council of Ministers?

163

Q. Explain Legislative Assembly of State?

164

Q. Define Legislative Council

165

Q. Explain the qualification and disqualification for membership in State Legislature

166

CHAPTER 20

THE STATE JUDICIARY

Q. Judiciary is considered to be the guardian of Fundamental Rights – Explain

168 

• Article 219. Oath or affirmation by Judges of High Court

169

• Article 220. Restriction on practice after being a permanent judge

169

• Article 221. Salaries etc., of Judges

169

• Article 222. Transfer of Judge from one High Court to another

170

Q. Explain the procedure of transfer of Judge from one High Court to another

170

• Article 223. Appointment of acting Chief Justice

170

• Article 224. Appointment of additional and acting Judges

170

• Article 224A. Appointment of retired Judges at sittings of High Courts

170

• Article 226. Power of High Courts to issue certain writs

171

¨ Writ jurisdiction of High Court

171

Q. Explain the writ jurisdiction of High Court

171

• Relation between Articles 32 and 226

172

Q. Explain the relation between articles 32 and 226

172

Q. Define “writ of certiorari”. Explain the grounds on which it can lie with the help of relevant case laws

172

Q. Define writ of prohibition and what is the difference between writ of certiorari and prohibition

174

Q. Explain the writ of mandamus?

175

Q. What are the grounds on which quo warranto can lie?

176

Q. Explain the Habeas Corpus. Who can apply their writ?

177

• When Habeas Corpus is refused?

177

• Article 227. Power of superintendence over all courts by the High Court

178

Q. Explain the superintendence power of High Court

178

• Article 228. Transfer of certain cases to High Court

179

Q. How can be a case transferred from one High Court to another High Court?

179

• Article 229. Officers and servants and the expenses of High Courts

179

• Article 230. Extension of jurisdiction of High Courts to Union territories

179

• Article 231. Establishment of a common High Court for two or more States

180

(D) Subordinate Courts (Articles 233-237)

180

Q. Explain the subordinate court

180

CHAPTER 21

THE UNION TERRITORIES

¨ Article 239. Administration of Union Territories

182 

¨ Article 239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories

182 

¨ Article 239AA. Special provisions with respect to Delhi

182

¨ Article 239AB. Provision in case of failure of constitutional machinery

184

¨ Article 239B. Power of administrator to promulgate Ordinances during recess of Legislature

184

¨ Article 240. Power of President to make regulations for certain Union territories

185

¨ Article 241. High Courts for Union territories

186

¨ Article 242. Coorg

186

CHAPTER 22

THE PANCHAYATS

¨ Article 243. Definitions

187

¨ Article 243A. Gram Sabha

187

¨ Article 243B. Constitution of Panchayats

187

¨ Article 243C. Composition of Panchayats

187

¨ Article 243D. Reservation of seats

188

¨ Article 243E. Duration of Panchayats, etc

189

¨ Article 243F. Disqualifications for membership

190

¨ Article 243G. Powers, authority and responsibilities of Panchayats

190 

¨ Article 243H. Powers to impose taxes by, and Funds of, the Panchayats

190

¨ Article 243-I. Constitution of Finance Commission to review financial position

190

¨ Article 243J. Audit of accounts of Panchayats

191

¨ Article 243K. Elections to the Panchayats

191

¨ Article 243L. Application to Union territories

192

¨ Article 243M. Part not to apply to certain areas

192

¨ Article 243N. Continuance of existing laws and Panchayats

192

¨ Article 243-O. Bar to interference by courts in electoral matters

193

CHAPTER 23

THE MUNICIPALITIES

¨ Article 243P. Definitions

194

¨ Article 243Q. Constitution of Municipalities

194

¨ Article 243R. Composition of Municipalities

195

¨ Article 243S. Constitution and composition of Wards Committees, etc

195

¨ Article 243T. Reservation of seats

196

¨ Article 243U. Duration of Municipalities, etc

196

¨ Article 243V. Disqualifications for membership

197

¨ Article 243W. Powers, authority and responsibilities of Municipalities, etc

197

¨ Article 243X. Power to impose taxes by, and Funds of, the Municipalities

197

¨ Article 243Y. Finance Commission

198

¨ Article 243Z. Audit of accounts of Municipalities

198

¨ Article 243ZA. Elections to the Municipalities

198

¨ Article 243ZB. Application to Union territories

198

¨ Article 243ZC. Part not to apply to certain areas

198

¨ Article 243ZD. Committee for district planning

199

¨ Article 243ZE. Committee for Metropolitan planning

199

¨ Article 243ZF. Continuance of existing laws and Municipalities

200

¨ Article 243ZG. Bar to interference by courts in electoral matters

201

CHAPTER 24

THE SCHEDULED AND TRIBUNAL AREAS

¨ Article 244. Administration of Scheduled Areas and Tribal Areas

202

¨ Article 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

202

CHAPTER 25

RELATION BETWEEN UNION AND THE STATES

¨ Legislative Powers (Articles 245-255)

204

• Article 245. Extent of laws made by Parliament and by the Legislature of States

204

Q. Explain the extent of law making power of Parliament and State Legislature

204

Q. Define the doctrine of territorial means with the help of case laws

204

• Article 246. Subject-matter of laws made by Parliament and by the Legislatures of States

205

Q. Define the doctrine of pith and substance

205

Q. What is doctrine of colourable legislation? Also explain case laws

206

• Article 247. Power of Parliament to provide for the establishment of certain additional courts

207

• Article 248. Residuary powers of legislation

207

Q. Explain the Residuary Power of Parliament

207

• Article 249. Power of Parliament to legislate with respect to a matter in the State List in national interest

207

Q. When can the Parliament legislate on the State subjects?

207

• Article 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

208

Q. What is the procedure to legislate on the subject of State List by Parliament in case of emergency?

208

• Article 251. Inconsistency between laws made by Parliament under articles 249, and 250 and laws made by the Legislatures of States

208

• Article 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

208

• Article 253. Legislation for giving effect to international agreements

209

• Article 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States

209

Q. Which law prevail in case of inconsistency between law?

209

• Article 255. Requirement as to recommendations and previous sanctions to be regarded as matters of procedure only

211

¨ Administrative Relations (Articles 256-263)

211

Q. Define administrative relations between Union and States

211

• Article 256. Obligation of the States and the Union

212

• Article 257. Control of the Union over States in certain cases

212

• Article 258. Power of the Union to confer powers, etc., on States in certain cases

213

• Article 258A. Power of the States to entrust functions to the Union

213

• Article 260. Jurisdiction of the Union in relation to territories outside India

213

• Article 261. Public acts, records and judicial proceedings

213

Q. Define full faith and credit.

214

• Article 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys

214

Co-ordination between States

215

Q. Explain Zonal Councils in States

215

• Article 263. Provisions with respect to an inter-State Council

215

Q. Explain Inter-State Council

215

CHAPTER 26

FINANCE, PROPERTY, CONTRACTS AND SUIT

¨ Chapter 1-Finance

216

• Article 264. Interpretation

216

• Article 265. Taxes not to be imposed save by authority of Law

216

• Article 266. Consolidated Funds and public accounts of India and of the States

216

Q. Define consolidated fund in Union and States

216

Q. Explain public accounts of India and of States

216

• Article 267. Contingency Fund

217

Q. What is contingency fund?

217

• Article 268. Duties levied by the Union but collected and appropriated by the States

217

• Article 268A. Service tax levied by Union and collected and appropriated by the Union and the States

218

• Article 269. Taxes levied and collected by the Union but assigned to the States

218

• Article 270. Taxes levied and distributed between the Union and the States

218

• Article 271. Surcharge on certain duties and taxes for purposes of the Union

219

• Article 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States

219

• Article 273. Grants in lieu of export duty on jute and jute products

219

• Article 274. Prior recommendation of President required to Bills affecting taxation in which States are interested

219

• Article 275. Grants from the Union to certain States

220

• Article 276. Taxes on professions, trades, callings and employments

221

• Article 277. Savings

221

• Article 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters

221

• Article 279. Calculation of “net proceeds”, etc

221

¨ Finance Commission

222

Q. How is the Finance Commission constituted and what are the powers of the Commission?

222

• Article 280. Finance Commission

222

• Article 281. Recommendation of the Finance Commission

223

CHAPTER 27

THE STATE LIABILITY

¨ Article 299. Contracts

224

¨ Article 300. Suits and proceedings

224

Q. Explain in detail P&O Steam Navigation Co. case

225

CHAPTER 28

RIGHT TO PROPERTY

Q. Explain Right to Property as a legal right

227

CHAPTER 29

TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

¨ Article 301. Freedom of Trade, Commerce and Intercourse

229

Q. Explain freedom of trade, commerce and intercourse

229

Q. Explain Atiabari Tea Co. Ltd. case

229

Q. What principles enumerated by the Supreme Court in Automobile Transport Ltd. case?

230

¨ Article 302. Power of Parliament to impose restrictions on trade, commerce and intercourse

230

¨ Article 303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

231

¨ Article 304. Restrictions on trade, commerce and intercourse among States

231

Q. What are the restrictions imposed on trade, commerce and intercourse among States?

231

¨ Article 305. Saving of existing laws

231

CHAPTER 30

SERVICES UNDER THE UNION AND THE STATES

¨ Article 308. Interpretation

232

¨ Article 309. Recruitment and conditions of service of persons serving the Union or a State

232

¨ Article 310. Tenure of office of persons serving the Union or a State

232

Q. Explain doctrine of pleasure with the help of relevant case laws

233

¨ Article 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

234

Q. How is a civil servant dismissed, removed or reduced in rank. Explain the procedure

234

Q. Define constitutional protection to civil servant. Explain in detail with case laws

234

Q. Define Civil Post

235

¨ Article 312. All-India Services

236

Q. Define All-India Services

236

¨ Article 315. Public Service Commissions for the Union and for the States

237

Q. How is the Public Service Commission in Union and State constituted?

237

¨ Article 316. Appointment and term of office of members

238

Q. How the members of commission are appointed and explain term also?

238

¨ Article 317. Removal and suspension of a member of a Public Service Commission

238

Q. Define the procedure of removal and suspension of a member of Public Service Commission

238

¨ Article 318. Power to make regulations as to conditions of service of members and staff of the Commission

239

¨ Article 319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members

239

¨ Article 320. Functions of Public Service Commission

239

Q. What are the functions of Public Service Commission?

239

CHAPTER 31

TRIBUNALS

¨ Article 323A. Administrative tribunals

242

Q. Explain the Administrative Tribunals

242

¨ Article 323B. Tribunals for other matters

243

Q. Explain L. Chandra Kumar case in detail

245

CHAPTER 32

ELECTIONS

Q. Free, fair and impartial election is necessary in any democratic country. Explain

246

Q. Explain T.N. Seshan case

247

¨ Article 329. Bar to interference by courts in electoral matters

248

CHAPTER 33

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

¨ Article 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

249

¨ Article 331. Representation of the Anglo-Indian community in the House of the People

250

¨ Article 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

250

¨ Article 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

251

¨ Article 334. Reservation of seats and special representation to cease after seventy years

251

¨ Article 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts

251

¨ Article 336. Special provision for Anglo-Indian community in certain services

251

¨ Article 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community

252

¨ Article 338. National Commission for Scheduled Castes

252

Q. How was the National Commission for schedule castes and schedule tribes constituted?

252

¨ Article 338A. National Commission for Scheduled Tribes

254

¨ Article 339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

255

¨ Article 340. Appointment of a Commission to investigate the conditions of backward classes

255

¨ Article 341. Scheduled Castes

255

Q. Explain schedule caste and schedule tribes

255

¨ Article 342. Scheduled Tribes

256

CHAPTER 34

OFFICIAL LANGUAGE

¨ Article 343. Official language of the Union

257

Q. Explain the official language of the Union

257

¨ Article 344. Commission and Committee of Parliament on official language

257

¨ Article 345. Official language or languages of a State

258

¨ Article 346. Official language for communication between one State and another or between a State and the Union

258

¨ Article 347. Special provision relating to language spoken by a section of the population of a State

258

¨ Article 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc

259

Q. Explain language to be used in the Supreme Court and in the High Court

259

¨ Article 349. Special procedure for enactment of certain laws relating to language

259

¨ Article 350. Language to be used in representations for redress of grievances

259

¨ Article 350A. Facilities for instruction in mother-tongue at primary stage

260

¨ Article 350B. Special Officer for linguistic minorities

260

¨ Article 351. Directive for development of the Hindi language

260

CHAPTER 35

EMERGENCY PROVISIONS

¨ Article 352. Proclamation of Emergency

261

Q. Explain national emergency and grounds thereof

261

Q. What are the consequences of the proclamation of national emergency?

264

Q. Define State emergency

265

Q. Explain in detail S.R. Bommai case

267

¨ Article 360. Provisions as to financial emergency

267

Q. Explain financial emergency

267

CHAPTER 36

AMENDMENT OF THE CONSTITUTION

¨ Article 368. Power of Parliament to amend the Constitution and procedure therefor

269

Q. Define the power of Parliament to amend the Constitution

269

Q. In which provision if amendment seeks any change, it requires the ratification by the legislature States?

269

Q. What major propositions are made by Supreme Court in the case of I.C. Golak Nath?

271

Q. Explain the Kesavananda Bharati case in detail

272

· Article Index

274

· Table of Cases

289

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